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Monies paid into Court for

Her Majesty's

Use shall continue to be received as heretofore, &c.

Construction of
Terms in this

Act.

Short Title.

Act may be amended, &c.

make such Rules and Regulations for the Practice of their respective Courts thereupon as to them respectively shall seem fitting, which shall be signed by the Judge or by the major Part in Number of the Judges of the said Courts respectively, and if there be more than One Judge of any such Court the Chief Judge of such Court (if there be a Chief Judge) shall be One.

XLIX. And be it enacted, That all Monies paid into the said Court for Her Majesty's Use shall continue to be received as heretofore by the said Clerk of the Petty Bag, and the several Accounts of Fines, Issues, Amerciaments, Penalties, and Recognizances set, lost, imposed, or forfeited to or for the Use of Her Majesty in the said Office of the Petty Bag, required by any Act now in force to be rendered and made by the said Clerk of the Petty Bag, and all other Acts, Duties, and Services now done, performed, and rendered by the said Clerk of the Petty Bag touching the Receipt and Payment of Monies to or for the Use of Her Majesty, and the Accounts to be rendered thereof, shall continue to be done, performed, and rendered as heretofore by the said Clerk of the Petty Bag.

L. And be it enacted, That in the Construction of this Act the Expression "Her Majesty" shall extend to, include, and mean, not only Her present most Excellent Majesty, but also Her Heirs and Successors; the Expression "Lord High Chancellor," and also the Expression "Lord Chancellor," shall extend to, include, and mean, as well the Lord High Chancellor of Great Britain for the Time being as also the Lord Keeper of the Great Seal for the Time being, and also the Lords Commissioners for the Time being for the Custody of the Great Seal of this Realm, and the major Part in Number of such Commissioners; and that the Expression "Court of Chancery" shall mean the High Court of Chancery held before the said Lord Chancellor or Lords Commissioners, or major Part of the said Lords Commissioners; the Expression "Great Seal” shall mean the Great Seal of the United Kingdom of Great Britain and Ireland; and the Expression "Master of the Rolls" shall mean the Master of the Rolls for the Time being; and also that Words importing Persons only shall extend to Corporations; that Words importing the Singular Number only shall include the Plural Number; and Words importing the Plural Number only shall include the Singular Number; save and except where there shall or may be something in the Subject or the Context repugnant to or inconsistent with any such Construction as aforesaid.

LI. And be it enacted, That in citing or referring to this Act in other Acts of Parliament, Notices, written Instruments, or otherwise, it shall be sufficient to use the Expression "The Petty Bag Office and Enrolment in Chancery Amendment Act, 1849."

LII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.

САР.

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CA P. CX.

An Act for suspending, until the First Day of June One
thousand eight hundred and fifty, the Operation of an Act
passed this Session, intituled An Act for granting Relief
against Defects in Leases made under Powers of Leasing in
certain Cases.
[1st August 1849.]

W HEREAS an Act was passed in this Session of Parlia-
ment, intituled An Act for granting Relief against 12 & 13 Vict.
Defects in Leases made under Powers of Leasing in certain c. 26.
Cases: And whereas it is expedient to suspend the Operation

' of the said Act as herein-after mentioned:' 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 said Act shall be and the same is hereby rendered Recited Act not wholly inoperative until the First Day of June One thousand to come into eight hundred and fifty, in the same Manner as if it had been operation until originally enacted by the said Act that the same should not come into operation until that Time.

1st June 1850.

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An Act to amend the Nuisances Removal and Diseases
Prevention Act, 1848.

[1st August 1849.]

WE HEREAS it is expedient that the Nuisances Removal and 11 & 12 Vict.

Diseases Prevention Act, 1848, should be amended, and c. 123. 'that the Powers of the General Board of Health in relation to 'certain of the Purposes of that Act should be extended:' Be This Act to be it therefore enacted by the Queen's most Excellent Majesty, by construed with and with the Advice and Consent of the Lords Spiritual and Nuisances ReTemporal, and Commons, in this present Parliament assembled, moval and Disand by the Authority of the same, That this Act shall be deemed to be Part of the Nuisances Removal and Diseases Prevention Act, 1848, and shall be construed accordingly.

eases Prevention Act, 1848, as One Act.

Cases.

II. And be it enacted, That it shall be lawful for the General Power to sumBoard of Health, or any Two of the Members thereof, from Time mon Witnesses, to Time as such Board shall see Occasion, to require, by Sum- &c. in certain mons under the Seal of the said Board, or if by Two only of the Members of such Board, then under the Hands of such Two Members and the Seal of the said Board, (according to the Form in the Schedule annexed to this Act, or as near thereto as the Case will permit,) any Person to appear before such Board to testify on Oath the Truth touching any Matters respecting which the said Board are now or may hereafter be authorized to inquire (which Oath any Member of the said Board is hereby empowered to administer); and every Person who, after Tender of reasonable Expenses in that Behalf, shall not appear pursuant to such Summons, or shall not assign some reasonable Excuse for not so appearing, or refusing to be sworn or examined, shall, upon being convicted thereof before One of Her Majesty's Justices of the

Peace

Secretary of Board of Health may institute

and carry on Prosecution for Violation or Neglect of Regulations.

Guardians of the Poor, &c.

secutions in certain Cases.

Peace or the Sheriff for the County or Place at and within which such Person shall have been by such Summons required to appear and give Evidence shall be situate, for every such Neglect or Refusal forfeit a Sum not exceeding Twenty Pounds.

III. And be it enacted, That the Secretary of the General Board of Health may, on the Order of the said Board, sealed with the Seal of such Board, and signed by any Two Members thereof, prosecute any Person for wilful Violation or Neglect of any Direction or Regulation issued by such Board under the Nuisances Removal and Diseases Prevention Act, 1848; and all Penalties sued for and recovered by such Secretary shall, notwithstanding anything contained in the last-mentioned Act, be paid to him, and be applied in defraying the Costs and Expenses incurred by him in such Prosecutions, and the Balance (if any) shall be applied in such Manner as the Lords Commissioners of Her Majesty's Treasury shall direct; and if the Penalties so recovered shall be insufficient to defray such Costs and Expenses, the Deficiency shall be defrayed out of any Monies which may be from Time to Time provided by Parliament for that Purpose.

IV. And be it enacted, That the Guardians, Directors, Wardens, Governors, or Overseers of the Poor, or Parochial Board, may direct Pro- or other like Officers having the Management of the Poor, or acting under the Authority of any Local Act of Parliament for the paving, cleansing, drainage, or lighting any Town or Parish, may from Time to Time direct any Prosecutions or legal Proceedings for or in respect of the wilful Violation or Neglect of any Direction or Regulation issued by the General Board of Health, or in Ireland Commissioners of Health, under the Nuisances Removal and Diseases Prevention Act, 1848, and may defray the Expenses of such Prosecutions or Proceedings out of the Funds in their Hands applicable to the Relief of the Poor.

Ex-officio

Guardians may act as Justices.

Guardians of the Poor, &c. may take certain Proceedings upon the Certificate of

Medical or Relieving Officer.

V. And be it enacted, That Justices of the Peace being exofficio Guardians of the Poor may in all Cases, notwithstanding their holding the Office of Guardian, exercise in Petty Session the Jurisdiction vested in them as Justices of the Peace, under the Nuisances Removal and Diseases Prevention Act, 1848.

VI. And be it enacted, That Guardians, Directors, Wardens, Governors, Overseers, or Parochial Board, or other like Officers having the Management of the Poor, or acting under such Authority as aforesaid, upon the Receipt of a Certificate of any Medical or Relieving Officer of the Union or Parish for which any such Guardians, Directors, Governors, Overseers of the Poor, or Parochial Board, or other Officers, act, stating the Existence of any of the Cause or Causes of Complaint specified in the Sections numbered I. and II. in the Copies of the Nuisances Removal and Diseases Prevention Act, 1848, printed by Her Majesty's Printers, or in Ireland upon the Receipt of a like Certificate of any such Medical or Relieving Officer, or of any Two Constables of the Constabulary Force of the District or Place or of any Two Constables of the Dublin Police within the Dublin Police District, shall take all such Proceedings as by the said Sections respectively are required to be taken upon the Receipt of a Notice in

Writing

Writing signed by Two Inhabitant Householders, and in the same
Manner (as nearly as may be) as if such Notice had been given.

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VII. And whereas it is enacted by the Nuisances Removal Guardians of ⚫ and Diseases Prevention Act, 1848, that all Costs and Expenses the Poor, &c. reasonably incurred in carrying into effect certain Provisions may defray cer⚫ therein contained, and not recovered from any Owner or Occupier without an tain Expenses of the Premises in respect of which such Expenses shall have Order of Jusbeen incurred, shall, upon an Order in Writing, specifying the tices, Sheriff, Sum to be paid, under the Hands and Seals of Two Justices, or or Magistrates. in Scotland under the Hands of the Sheriff or Magistrate, or Two Justices, be retained, paid, or defrayed by the Treasurer of the Guardians of the Poor, or Parochial Board, or by the Overseers of the Poor or other proper Officers, out of the Funds ' in their Hands applicable to the Relief of the Poor; and it is expedient that such Costs and Expenses should be retained, paid, and defrayed in certain Cases without an Order of Justices, Sheriff, or Magistrates: Be it therefore enacted, That whenever any such Costs and Expenses shall have been or shall be reasonably incurred by any Guardians, Directors, Wardens, Governors, Overseers of the Poor, or Parochial Board, or other like Officers having the Management of the Poor, and the same shall not have been recovered from the Owner or Occupier of the Premises in respect of which such Costs and Expenses shall have been incurred, such Costs and Expenses may, where an Order shall have been made by the Justices for the Removal or Abatement of the Nuisance, or in any Case where the Amount shall not exceed Twenty Shillings, be retained, paid, and defrayed by the Treasurer of such Guardians, or by such Directors, Wardens, Governors, Overseers, or Parochial Board, or other like Officers, (as the Case may be,) out of the Funds in their Hands applicable to the Relief of the Poor, without the Order of any Justice or Justices of the Peace, anything in the said Act to the contrary notwithstanding, and be charged as in the said Act directed.

Unions or Pa

rochial Boards may charge Expenses of removing Nuisances on Parish, &c.

where Premises situated.

VIII. And be it enacted, That where the Guardians of a Guardians of Union, or Parochial Board, shall, in the Execution of any Order or Regulation of the Board of Health issued under the Authority of the said herein-before mentioned Act, expend any Money in the Removal or Abatement of a Nuisance from any private Premises or Land, or from any public Place, they may, if they think fit, charge the same, where the Expenses do not exceed Twenty Shillings, to the Parish or Place or Electoral Division in the Union or Combination wherein the Premises shall be situated in respect whereof such Expenses shall have been incurred, and where they exceed Twenty Shillings, and the Guardians or the Majority of the Guardians, if more than Two Guardians of such Parish, Electoral Division, or Place, object in Writing to the said Expenses being so charged, then only upon an Order in Writing under the Hands and Seals of Two Justices, or in Scotland under the Hands of the Sheriff or Magistrates, or Two Justices, who are hereby required to make such Order, upon Application on behalf of such Guardians.

IX. And be it enacted, That it shall be lawful in England or Wales for the General Board of Health, and in Ireland for the

Commis

General Board of Health may cause Inquiry

to be made into State of Burial Grounds, and may direct Measures of Precaution.

Where Church

ous to Health Churchwardens may agree for the Burial of

Parishioners in the Ground of any Cemetery Company or in the Burial

Ground of any other Parish.

Commissioners of Health, to cause Inquiry to be made by a Superintending Inspector, or by such other Ways and Means as the General Board of Health or such Commissioners may deem fit to direct, into the State of the Burial Grounds in any Part of England or Wales excepted from the Powers of the Public Health Act, 1848, or in any populous City, Town, or Place in England or Wales to which for the Time being the said Act has not been applied, or in any populous City, Town, or Place in Ireland; and if it appear to the General Board of Health or the said Commissioners that any such Burial Ground is in such a State as to be dangerous to the Health of the Persons living in the Neighbourhood thereof, it shall be lawful for the said General Board of Health in England and Wales, under the Seal of the said Board, and under the Hands of Two or more Members thereof, and the said Commissioners of Health in Ireland, under the Hands of Two or more of them, to issue such Orders as the said Board of Commissioners respectively may think fit for the Application of such disinfecting Substances, and for the Adoption of such other Measures of Precaution in relation to the Premises, as may, in the Opinion of the said Board or Commissioners of Health, tend to lessen or remove the Danger to Health; and the Churchwardens and other Persons having the Care and Control of the Burial Grounds to which such Orders shall relate shall do all such Works and Matters in relation thereto as by such Orders may be directed, and all Expenses incurred in the Execution of such Orders shall be defrayed out of the Poor Rates of the Parish: Provided always, that no such Order as aforesaid shall be made after the End of the next Session of Parliament.

X. And be it enacted, That where it appears to the General yard is danger- Board of Health, or the Commissioners of Health in Ireland, that the Churchyard or other Burial Ground of any Parish is dangerous to Health as aforesaid, and that temporary Provision for Interment elsewhere is urgently required, the Churchwarden of such Parish, with the Consent of the Bishop of the Diocese and the Approval of such General Board of Health, or Commissioners of Health in Ireland, shall, if possible, either agree with any Cemetery Company for the Burial in the Ground of such Company of the Bodies of Persons having Right of Burial in the Churchyard or other Burial Ground of such Parish, or agree for the Burial of such Bodies in the Churchyard or Burial Ground of any other Parish of which the Minister and Churchwardens may consent thereto, and make all proper Arrangements in relation to such Burials: Provided always, that where any such Agreement as aforesaid shall be proposed to be made by the Churchwardens of any Parish, such Churchwardens shall submit such proposed Agreement to a Meeting of the Vestry, or Persons having the Powers of Vestry, in such Parish, and if the Majority of Persons assembled at such Meeting shall disapprove such Agreement the Churchwardens shall not proceed therewith; and the Expenses incurred by such Churchwardens in relation to such Agreement, and in carrying the same into effect, shall be paid out of the Poor Rates of their Parish; provided also, that no such Agreement as aforesaid shall be made after the End of the next Session of Parliament.

XI. And

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