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Persons intended to be Masters or Mistresses of Elementary Schools for poor Persons, and for the Residence of the Principal or Master or Mistress and other Officers of such Institution; and such Gift, Sale, or Exchange shall be and continue valid, if other. wise lawful, although the Donor or Grantor shall die within Twelve Calendar Months from the Execution thereof: Provided always, that it shall be lawful for the Trustees of such School Buildings and Premises to allow the same to be applied and used, concurrently with the Education and Instruction of such Masters or Mistresses, for the Purpose of boarding other Persons, and of educating and instructing the said Persons in religious and useful
Knowledge. The Owners of
V. “And whereas the absolute Owners of Land may grant,
subject to the Regulations and Provisions prescribed by the ered to vest any · Statutes in such Behalf, any Quantity of such Land to Trustees, Quantity of
to be held upon charitable Purposes ; and it would be beneficial Land for Pur
that they should be authorized to exercise such Power in poses of these Acts in Cor- respect of Lands granted for the Sites or for the Endowment porations. ' of the last-mentioned Schools, or of Schools for poor Persons,
by vesting the same so as to secure it permanently for the • Purpose of the Trust, without the Necessity of subsequent • Renewals of the Deeds of Trust :' Be it therefore enacted, That where any such Person shall be lawfully entitled to convey an Estate in Land to Trustees, to hold the same upon any charitable Use, and shall be desirous of conveying the same for the Purposes of the Acts herein-before referred to, or this Act, or for the Endowment of such Schools, such Person may grant and convey the same to any Corporation or Corporations as aforesaid, to be held in trust for such Purposes, whatever may be the Quantity
of Land or Extent of the Estate so to be granted and conveyed. Mode of con
VI. And be it enacted, That where Land of Copyhold or Cusveying the tomary Tenure shall have been or shall be granted for the PurLord's and Co- poses of the said Acts, the Conveyance of the same by any Deed pyholder's In
wherein the Copyholder shall grant and convey his Interest, and terest in Land.
the Lord shall also grant his Interest, shall be deemed to be valid and sufficient to vest the Freehold Interest in the Grantee or Grantees thereof, without any Surrender or Admittance or Enrol
ment in the Lord's Court. Interpretation VII. And be it enacted, That, except in Cases where there shall of Act. be something in the Subject or Context repugnant to such Con
struction, Words occurring in this Act and the above-recited Acts importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number; and Words importing the Masculine Gender only shall include Females ; and the Word “Land” shall include Messuages, Houses, Lands, Tenements, Hereditaments, and Heritages of every Tenure ; and the Word “Lease” shall include an Under-lease, Agreement for a Lease, and Missive of Lease ; and the Word “Owner” shall include any Person or Corporation enabled under the Provisions of the said firstly herein-before mentioned Act to
convey Lands for the Purposes thereof. Act may be
VIII. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this present Session of Parliament.
[28th July 1849.]
found to arise from the inefficient State of the Laws · relating to Sewers, and it is expedient that the same should be
amended, and that further Provision should be made for the " Execution of the Powers vested in Commissioners of Sewers : . And whereas it is expedient that certain
Duties with respect to the Superintendence, Maintenance, and Repairs of the Sewers ' within the respective Commissions of Sewers in England should ' be discharged by the Occupiers of sewable Lands within each • Commission respectively, without Fee or Reward : And whereas ' it is also expedient that further Provision should be made for
the making and enforcing the due Payment of Sewers Rates duly assessed :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Power to Comit shall be lawful for the Commissioners acting in the Execution missions of
Sewers to parof any Commission of Sewers in England, at a Court specially to
tition Districts be holden for such Purpose, and whereof Notice shall be given into Sub-Disin the Manner prescribed by the Ninth Section of an Act passed tricts. in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to amend the Laws 3& 4 W. 4.c.22. relating to Sewers, from Time to Time to partition the several Districts within their respective Commissions into such Sub-Districts as may appear to them most convenient for the Purposes of this Act, and to fix and specify the Boundaries of such Subdivisions respectively, and also to unite any separate Districts or Sub-Districts within their respective Commissions into one or more Districts, and also, from Time to Time as to them shall seem expedient, to re-arrange, adjust, and partition such Districts and Sub-Districts respectively.
II. And be it enacted, That it shall be lawful for the said Com- Power to Coin. missioners, after every such Partition, Union, or Re-arrangement missioners to
make a separate of Districts or Sub-Districts as aforesaid, from Time to Time, as
Rate for each to the said Commissioners shall seem most expedient, to make a District. separate and distinct Rate for each and every District or SubDistrict now existing or which shall be hereafter constituted under the Provisions of this present Act, such Rate, when collected, to be applied within each such District or Sub-District to and for the several Purposes to which the same may be lawfully applied under the Authority of any of the Acts relating to Sewers or of this Act.
III. And be it enacted, That it shall be lawful for the said Com- Power to Commissioners from Time to Time to appoint One or more competent missioners to Person or Persons, being an Occupier of sewable Lands within appoint Dyke their respective Commissions, and qualified as herein-after men- tricts and Subtioned, to act as Dyke-reeve within each of such Sub-Districts Districts. as aforesaid, and also within each of such Districts as are now existing or shall be hereafter constituted under the Provisions of this present Act or the herein-before mentioned Act, and
which shall not be partitioned in manner aforesaid, and to assign and prescribe the Duties and Authorities of such Dyke-reeve, and the Time, not exceeding Five Years, during which he shall
perform and exercise the same respectively. Qualification of IV. And be it enacted, That every Occupier of not less than Dyke-reeves. Ten Acres of sewable Lands, and being of full Age and sound
Mind, shall be qualified and liable to be appointed a Dyke-reeve for the District or Sub-District in which such Lands shall be situate ; and the said Commissioners shall from Time to Time cause a full and true List to be prepared and kept of all the Persons so qualified and liable to serve the Office of Dyke-reeve for the several Districts and Sub-Districts within their respective
Commissions. Dyke-reeves lo
V. And be it enacted, That it shall be compulsory upon every serve without such Person who shall be appointed by the Commissioners to serve Fee or Reward. the Office of Dyke-reeve for any such District or Sub-District as
aforesaid, either personally or by a Deputy (approved by the Com
missioners), to accept such Office, and to perform and discharge Penalty on the Duties thereof, without Fee or Reward; and if any Person Dyke-reeves who shall be appointed by the Commissioners to serve the Office refusing to
of Dyke-reeve shall, after due Notice thereof in Writing, refuse or neglect to take upon himself the Office of Dyke-reeve, or to provide a Deputy to be approved as aforesaid, he shall on Conviction before the said Commissioners forfeit any Sum not exceeding Twenty Pounds, unless he can show good and sufficient Cause to the said Commissioners why he should not be called upon to serve the said Office: Provided always, that every Deputy so approved of and appointed shall have the same Powers and Authorities, and be subject to the Discharge of the same Duty, as any Dyke-reeve
appointed under the Authority of this Act. Power to Com- VI. And be it enacted, That it shall be lawful for the said missioners to Commissioners to impose any Fine not exceeding Forty Shillings, impose Fines
upon the Presentment on Oath of any Dyke-reeve acting within not exceeding
any such District or Sub-District as aforesaid, for any Breach of the Law, Acts, Decrees, Orders, Constitutions, and Ordinances of the Commissioners within such District or Sub-District, in the same Manner as they have now the Power to impose any such Fine upon the Presentment of any Sewers Jury, Bailiff, Surveyor, Expenditor, or other Person, which Presentment shall be heard and determined by the said Commissioners, and to proceed for the Recovery of every such Fine, either in the Manner specified in the herein-before mentioned Act, or in the Manner specified in the Section next herein-after contained, as to the said Commissioners shall seem most expedient; and no such Fine shall be liable to be traversed, any Law or Custom to the contrary
notwithstanding. For Recovery VII. And be it enacted, That for the Purpose of better collect. of Sewers Rates ing and recovering the Fines, Amerciaments, Penalties, or Forfeiand Fines.
tures imposed by any Commissioners of Sewers, and also the Sewers Rates duly assessed on any sewable Lands lying within the Limits of any Commission of Sewers, it shall and may be lawful for any One Commissioner acting within and for such Limits, upon Complaint of any Expenditor, Dyke-reeve, Collector, or other Officer of Sewers, that any Person liable to the Payment
of any such Fine, Amerciament, Penalty, or Forfeiture hath not paid the same, but hath refused so to do, or that any Person duly rated and assessed in one or more such Sewers Rates hath not paid the Sum or Sums thereby charged on such Person, but hath refused so to do, to issue his Summons to such Person to appear, at a Time and Place to be therein specified, before any Two Commissioners acting within and for such Limits, to show Cause why such Person refuses to pay the said Sum or Sums; and Appearance of such Person at the Time and Place appointed as aforesaid, or otherwise upon Proof on Oath or Affirmation
to the said Commissioners that such Summons was served on the Person to whom it was so directed, by Delivery to the Party personally or by leaving the same with some Person for him at his last Place of Abode, and also upon like Proof of the Imposition of such Fine, Amerciament, Penalty, or Forfeiture, or of the making of the said Rate, and of the Refusal of such Person to pay the same respectively, it shall be lawful for the said Two or other Commissioners to issue their Warrant to levy the said Sum or Sums, and also the Costs and Expenses incurred in obtaining such Warrant (to be specified therein) and in executing the same, by Distress and Sale of the Goods and Chattels of such Person; and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money and Costs, and the Expenses of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained : Provided always, that if no such Distress or Distresses as aforesaid can be found, the same Rates or Fines, Costs, Charges, and Expenses, together with the Costs and Charges of raising and levying the same, shall and may be raised and levied upon and out of the Lands, Tenements, and Hereditaments, within the Limits of the Commission under and by virtue of which the Distress Warrant shall be issued, of or belonging to the Person, Body Politic or Corporate, upon or against whom the Distress Warrant shall be issued, in such and the same Manner as the same would have been leviable if the same Lands, Tenements, or Hereditaments had been lawfully assessed in the Amount or respective Amounts of the same Rates or Fines, Costs, Charges, and Expenses, to or for a lawful Scot, Rate, or Assessment for the Purposes of the same Commission; and the same Lands, Tenements, and Hereditaments shall be subject to all such and the same Orders and Decrees as the same would have been subject to, and such Orders and Decrees shall be of the same Force and Authority, as if the same Rates or Fines, Costs, Charges, and Expenses, were a lawful Scot, Rate, or Assessment as aforesaid and unpaid.
VIII. And be it enacted, That for the Saving of Expense in the One Warrant levying of any Sum or Sums as aforesaid it shall be lawful to for any Number make and issue One Summons and One Warrant of Distress
of Rate-payers. against any Number of Persons refusing to pay the same.
IX. And be it enacted, That the Warrant aforesaid may be To whom Wardirected to the Bailiff, Expenditor, Dykereeve, Collector, or other rants to be
directed. Sewers Officer within such Limits, and to any other Person or Persons, or to any one or more of them, as by the Two Commissiuners of Sewers granting the same shall be deemed fit.
Interpretation of certain Terms.
X. And be it enacted, That for the Purposes of this Act the following Words and Expressions shall have the several Meanings hereby assigned to them, unless there shall be something in the Subject Matter or Context repugnant to such Construction ; (that is to say,) Words importing the Singular Number shall extend to the Plural, and Words importing the Plural only shall include the Singular; the Word “Person” shall extend to Bodies Politic, Corporate, or Collegiate; the Word “ Lands" shall include Lands and Hereditaments of any Tenure whatsoever ; the Word “ Oath shall include Affirmation in case of a Quaker, or other Declaration lawfully substituted for an Oath in the Case of any other Persons exempted by Law from the Necessity of taking an Oath ; the Expression “ District” shall extend to any Level, Valley, District, or Limit within the Commission of any Court of Commissioners, and the Expression “ Sub-District to any Partition or Subdivision of any such Level, Valley, District, or Limit.
CA P. LI.
absent Persons, and Persons under Mental Incapacity in
[28th July 1849.] :WHEREAS an Act of Sederunt
was passed by the Court of Session in Scotland on the Thirteenth Day of February • One thousand seven hundred and thirty, setting forth that the • Court had often been applied to for appointing Factors on the • Estates of Pupils not having Tutors, and of Persons absent who • had not sufficiently empowered Persons to act for them, or who
were under some Incapacity for the Time to manage their own • Estates, to the end that the Estates of such Pupils or Persons
might not suffer in the meantime, but be preserved for the • Behoof of such Persons and all having Right therein, and there· fore establishing certain Regulations in regard to the Conduct
of such Judicial Factors, which Regulations are still in force : " And whereas the Applications to the Court of Session for the • Appointment of such Factors have become very numerous ; and • it has been found that the existing Regulations and the present • Means of enforcing them are imperfect and insufficient for preventing in many
Instances the Occurrence of great Irregularity " in the Conduct of such Factors, and in consequence thereof
great Loss has resulted to the Funds and Estates under their
Charge and to the Parties interested therein ; and it has there• fore become necessary to make further Provision on that Behalf : • And whereas it is also expedient to make Provision for the
more regular accounting and official Management of Persons • who shall hereafter be served as Tutor of Law, or appointed as · Tutor-dative to any Pupil, or be served as Curator or appointed ' as Tutor-dative to any Insane Person or Idiot :' May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the following Words and Expressions in this Act shall have the Meanings hereby assigned to them, unless there be some
Interpretation of Terms in this Act.