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Interest, Rights, and Privileges therein or relating thereto, to other Parties, if the Railway from Mullingar to Galway be not completed by
S1st Dec. 1851.
Act may be
Receipt of Interest or Principal, to enter upon and take possession of the entire Line of Railway belonging to the said Company between Athlone and Galway, or so much thereof as shall be completed, and all Lands and Hereditaments acquired or agreed to be acquired by the said Railway Company for the Purposes of the said Line, and any Stations or Buildings belonging to or intended to be appropriated to the said Line, and thenceforth to hold the same freed and discharged from all Claim and Demand whatsoever both at Law and in Equity of the said Railway; and the said Public Works Loan Commissioners, with such Consent as aforesaid, may transfer the said Line, Property, and Effects to any Company or Partnership or Party, subject nevertheless to the Payment by such Transferee of the Monies due to the said Public Works Loan Commissioners, and Interest, in all respects as is or shall be provided with respect to the Payment thereof by the said Railway Company; and thereupon such Transferee shall be entitled to have the said Line, Property, and Effects for his own Use, freed and discharged from all Claims and Demands whatsoever of the said Railway Company; and, as regards the said Line from Athlone to Galway, and the Property therein, such Transferee shall have all and every the Rights, Powers, and Privileges by any of the said recited Acts or this Act given or vested in the said Railway Company, and in all respects as if the same were herein repeated and conferred on or given to such Transferee, to the end and intent that such Transferee may complete the said Line, and acquire Lands and Hereditaments for that Purpose, and work the same, and receive and take Tolls in respect thereof, in all respects as the said Railway Company is by the said Acts or any of them, or this Act, authorized to do, and may in respect of such Railway from Athlone to Galway stand in the Place of the said Railway Company; and all the Powers and Provisions herein contained with respect to the Securities to be given as aforesaid, and the Powers and Provisions applicable to the said Railway Company, shall apply to such Transferee, and the said several Baronies and Half Baronies and County of the Town of Galway shall in all respects be liable to contribute and pay to such Transferee the Monies they would (but for such Transferee) be liable to pay to the said Railway Company, and the same shall be raised and paid accordingly as herein-before is directed, in all respects as if the same were payable to the said Railway Company; and any such Transfer may be made on such Terms and Conditions as the said Public Works Loan Commissioners, with such Consent as aforesaid, may think fit; and on any such Transfer the said Transferee shall in all respects stand in the Place of the said Railway Company as regards the Liability or the Securities to the said Public Works Loan Commissioners, and as if the same had been made to the said Public Works Loan Commissioners by such Transferee instead of by the said Railway Company, except so far as the same may be altered by reason of any special Terms and Provisions made on such Transfer.
XXXIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.
CA P. LXIII.
An Act to authorize a further Advance of Money for the
it is expedient to authorize a further Advance
of Money for the Relief of certain distressed Poor Law Unions in Ireland:' 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 Treasury may it shall be lawful for the Commissioners of Her Majesty's Trea- issue One hun dred and fifty sury of the United Kingdom of Great Britain and Ireland to thousand issue, out of the growing Produce of the Consolidated Fund of the said United Kingdom, any Sum or Sums of Money, not exceeding Relief of disOne hundred and fifty thousand Pounds, for affording Relief to tressed Poor certain distressed Poor Law Unions in Ireland, which Sum or Law Unions in Sums shall be paid to such Person or Persons, at such Time or Times, and under such Conditions and Restrictions, as the said Commissioners of Her Majesty's Treasury shall direct; and such Sum or Sums shall be charged on and be repayable out of the Produce of any Rate or Rates to be levied in any Union or Unions in Ireland under the Provisions and in pursuance of an Act passed in this present Session of Parliament, intituled An Act to 12 & 13 Vict. make Provision, until the Thirty-first Day of December One c. 24. thousand eight hundred and fifty, for a General Rate in Aid of certain distressed Unions and Electoral Divisions in Ireland; and all the Powers and Provisions contained in the said Act for the Repayment of the Sum of Money thereby authorized to be issued shall also extend to the Sum hereby authorized to be issued as aforesaid.
CA P. LXIV.
An Act to remove Doubts as to the Authority of Justices of
of Queen Elizabeth, intituled An Act for the Relief of the Poor, Authority is given to Justices of the Peace for Counties 'to act in certain Matters relating to the Poor, and Doubts have ⚫ been entertained whether the same Powers extend to Justices ' of the Peace having Jurisdiction within Cities and Boroughs, and it is expedient that such Doubts should be removed: 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, notwithstanding anything Justices of the in the said Act contained, all Powers and Authorities which by Peace in Cities the said Act may be exercised out of General or Quarter Sessions and Boroughs by Two or more Justices of any County, may be exercised within may act in the any City or Borough by any Two or more Justices of the Peace Poor under having Jurisdiction within such City or Borough respectively, as 43 Eliz. in fully such Citics, &c.
Relief of the
Acts of the
Justices in any
Act may be amended, &c.
within Boroughs and
fully in all respects as by the Justices of the County in or for any Parish of such County.
II. And be it enacted, That nothing heretofore done in any City or Borough for the Purposes of the said Act by any Two or more Justices having Jurisdiction in such City or Borough shall be deemed or taken to have been illegally or insufficiently done by reason only that neither of the said last-mentioned Justices was Mayor, Bailiff, or Head Officer of such City or Borough, but everything so done by such Two or more Justices, if otherwise lawful, shall be deemed to be and to have been valid to all Intents and Purposes.
III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.
An Act to provide a more convenient Mode of levying and
WHEREAS there are several Parishes and Places in England
and Wales Parts of which are comprised in
not subject to contribute to the County Rate or County or District Police Rate, while the Parts out of the Borough are liable to contribute thereto: And whereas there are several Parishes Parts of which are comprised in Boroughs which are subject to District, Borough, and other Rates, while the Parts out of the Borough are not liable to contribute thereto :' 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 where any Parish or Place separately maintaining its own Poor shall be divided in manner herein-before stated, and any County Rate, or County or District Police Rate, or other Rate which may by Law be raised in like Manner as a County Rate, shall be assessable upon the Part of the Parish or Place which is comprised within the County and excluded from the Borough, the Overseers of such Parish or Place shall, on Receipt of any Precept or other lawful Demand from the Justices of the County, or other due Authority in that Behalf, demanding the Payment of any Sum of Money as the Contribution of the on the Part of Part of such Parish or Place out of the Borough towards any such Rate as aforesaid, with all convenient Speed assess the Sum so required upon the Persons liable within such Part of the Parish or Place to pay the Poor Rate therein, by means of a separate Rate, to be made, allowed, and published in like Manner as the Poor Rate, and either by themselves or by the Collector of Poor Rates for the Time being appointed for the said Parish or Place shall collect the same separately or with the Poor Rate payable by the Parties assessed thereto, and for the Purposes of assessing and collecting the same shall have all such Powers, Authorities, Privileges, Protections, and Incidents as belong to them in the asses
to collect the
the Parish not comprised within the Borough.
sing and Collection of the Poor Rate; and all Provisions of the Law for enforcing the Collection of the Poor Rate, and recovering the Costs of the Proceedings therein, shall be applicable to the Collection of the Rate or Rates herein provided for.
Rate in Places
II. And be it enacted, That in every Case in which any such Similar ProParish or Place shall be partly within and partly without vision for the any Borough, the Overseers or other Persons charged with the Collec- Collection of the Borough tion of the Rates made for the Relief of the Poor in such Parish or Place, upon the Receipt of any Warrant from the Mayor, or similarly any Justice or Justices of the Peace, High Constable, or other situated. Officer duly authorized to act in that Behalf within the Borough, for the Payment of Money for the Contribution of the Part of such Parish within such Borough towards any District, Borough, or other Rate, (which Warrants every such Mayor, Justice of the Peace, High Constable, and other Officer shall be severally empowered to direct to them in like Manner as if the whole of such Parish or Place were within their Borough,) shall assess upon and levy from the Inhabitants and Occupiers of all Messuages, Lands, Tenements, and Hereditaments liable to the Poor Rates in that Part of their Parish or Place which is within the Borough, the Amount mentioned in the Warrant, either as a separate Rate or Rates, for which the said Overseers shall have all the Powers which belong to them for levying a Rate for the Relief of the Poor, or with and as Part of the Poor Rate to which the Inhabitants and Occupiers of Property within that Part of the Parish or Place may be liable in common with the Inhabitants and Occupiers of Property within the other Part thereof which is not within the Borough, and out of the Monies so levied and collected shall pay the Amount mentioned in the Warrant to the Person duly authorized to receive the same, and in default thereof shall be subject to all the Provisions and Penalties provided by this Act, or any Act concerning the Nonpayment of any Borough Rate.
III. And be it enacted, That any Person assessed to any Rate made under the Authority of this Act may appeal against the same in like Manner, and with the like Consequences in all respects, and subject to the same Provisions and Regulations, as in Appeals against the Poor Rate; and that every Overseer and Collector shall account for the Money levied, collected, and expended under the Authority of this Act, to the Auditor of the District comprising such Parish or Place, in like Manner as for the Poor Rate, and if any Balance be found to be in his Hands shall apply the same towards the next Rate required for the Purpose of this Act, or shall pay the same to his Successor in Office; and in default of his so applying the same while in Office, or making Payment to his Successor within Seven Days after the Balance shall have been found, such Auditor shall proceed to recover the same from the Person holding the same, in like Manner as Sums certified by him to be due from Persons accounting shall from Time to Time be recoverable, and he shall be paid his Costs and Expenses, when not recovered from the Defendant, by the then Overseers of the Parish or Place, who shall be reimbursed out of the Balance of such Rate, or, if need be, out of the next Rate.
Appeal against the Rate, and
Audit of the
Mode of procuring the Funds when
the Precept is sent to the Guardians of the Union comprising the divided Place.
IV. And be it enacted, That where a Precept shall be issued to the Guardians of the Union comprising any such Parish or Place, under the Provisions of the Act passed in the Eighth Year of the Reign of Her Majesty, intituled An Act for facilitating the Collection of County Rates, and for relieving High Constables from Attendance at Quarter Sessions in certain Cases, and from certain other Duties, and such Precept shall contain a Sum to be assessed and charged in respect of any such Rate as is 7 & 8 Vict. c. 33. herein provided for upon a Part of such Parish or Place as aforesaid, the said Guardians may require the Overseers of such Parish or Place to pay to their Treasurer a Sum of Money suffi cient to enable the said Guardians to pay the Sum so assessed, with the other Sums mentioned in the said Precept to the Treasurer of the County or other Person lawfully authorized to receive it; and the said Overseers shall pay the Amount out of any Monies in their Possession belonging to the Parish or Place, or to the Part of such Parish or Place respectively, and reimburse themselves, if necessary, by a Rate, to be levied as herein-before described, upon the Persons liable thereto, or if they have no such Monies shall forthwith proceed to levy and collect the requisite Amount by such Rate, and pay the same over to the Treasurer of the said Guardians: Provided nevertheless, that if such Overseers make default, and do not make the requisite Payment within the appointed Time, they shall be subject to be proceeded against in like Manner as the Overseers of a Parish wholly situated within the County are subjected to under the Provisions of the said Act.
may be postponed.
V. And be it enacted, That where the Amount required in respect of any such County Rate, Police or District Police Rate, from any Part of such Parish or Place as aforesaid, shall in the Judgment of such Overseers be so small as to render the levying Rate is small, and collecting of a separate Rate for it inconvenient, the Overseers the making of the Rate for may postpone the Reimbursement of themselves for any such Reimbursement Advance as aforesaid, and they or their Successors may afterwards, on the Recurrence of the next Precept or other lawful Demand, or of that next but one, levy and collect such a Rate as aforesaid to raise the whole Amount so previously advanced and unsatisfied out of the Poor Rates of the Parish, as well as the Amount required by the then Precept or Demand, and shall apply the Sum so collected in Reimbursement of the previous Payments, and the Satisfaction of such Precept or Demand, and shall apply the Balance, if any, towards the Discharge of the next Precept or Demand.
certain Part of
1 Vict. c. 81.
VI. And be it enacted, That from the Twenty-ninth Day of September One thousand eight hundred and forty-nine so much of the Act passed in the First Year of Her Majesty, intituled An Act to provide for the levying of Rates in Boroughs and Towns having Municipal Corporations in England and Wales, as applies to the making, levying, and collecting the County Rate and Borough Rate in divided Parishes or Places, shall, except in respect of Rates before that Time made, levied, or collected, or of any Arrears of Rates in course of being collected, be repealed, and all Balances which may remain over the Sums required by the Precepts under which the Rate was levied shall be applicable