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19 & 20 VICT. C. 112.

Other

powers of

like meet

ings declared to have been transferred to vestries

under act

III. Save as herein before otherwise provided, all the duties, powers, and privileges (including such as relate to the affairs of the church, or the management or relief of the poor, or the administration of any money or other property applicable to the relief of the poor (a)), which might have vestries and been performed or exercised by any open or elected or other vestry or any such meeting as aforesaid in any parish, under any local act or otherwise, at the time of the passing of the said act of the last session, shall be deemed to have become transferred to and vested in the vestry constituted by such last-mentioned act; except so far as any such duties, powers, or privileges may in the case of a parish included in any district mentioned in schedule (B.) to the said act be vested by section ninety thereof in the board of works of such district (b): provided that all duties and powers relating to the affairs of the church, or the management or relief of the poor, or the administration of any money or other property applicable to the relief of the poor, which at the time of the passing of the said act were vested in or might be exercised by any guardians, governors, trustees, or commissioners, or any body, other than any open or elected or other vestry, or any such meeting as herein before mentioned, shall continue vested in and be exercised by such guardians, governors, trustees, or commissioners or other body as aforesaid.

18 & 19 Vict.

c. 120, except powers transferred

to district boards.

Occupiers may claim

to be rated.

Compo

sitions not to be dis

turbed, and landlord's

liability not

to be affected.

IV. It shall be lawful for any person occupying any tenement within any parish to claim to be rated to the relief of the poor in respect thereof in the rate for the time being, and in all rates to be thereafter made in respect of such tenement, whether the landlord be or be not liable to be rated to the relief of the poor in respect thereof; and upon such occupier so claiming, by notice in writing left at the office or place of residence of the overseers of the poor of the parish, or one of them, and actually paying or tendering at such office or place of residence the full amount of the last made rate then payable in respect of such premises, such overseers are hereby required to put the name of such occupier on the rate for the time being, and also, without further claim, to put his name upon every subsequent rate made during the time such occupier continues in the occupation of the same premises; and in case the said overseers neglect or refuse so to do, such occupier shall nevertheless, for the purposes of the said act, be deemed to have been rated to the said rate in respect of such premises from the period at which the rate for the time being in respect of which he so claimed to be rated as aforesaid was made, and thenceforth so long as he continues in the occupation of the same premises: provided always, that every person so claiming as aforesaid shall in respect of every rate for the relief of the poor made after such claim as aforesaid, while he continues to occupy the same premises, be liable to the same extent and in the same manner as if his name had been put on such rate.

V. Provided also, that in cases where, by any composition with the landlord, a less sum is payable than the full amount of rate which, except for such composition, would be due in respect of the same premises, the occupier claiming to be rated shall not be bound to pay or tender more than the amount then payable under such composition: provided also, that where, by virtue of any act of parliament, the landlord is liable to the payment of the rate for the relief of the poor in respect of any premises occupied by his tenant, nothing herein contained shall be deemed to vary or discharge the liability of such landlord; but in case the tenant who has been rated for such premises in consequence of any such claim as aforesaid

(a) Not, however, the right of presentation to an advowson vested in trustees for the parishioners and inhabitants (Carter v. Cropley, 26 L. J., Ch. 246); nor the election of almspeople vested in the minister, churchwardens, &c., and such of the parishioners as should pay taxations to the poor" (Atty. Gen. v. Drapers' Co., 4 Drew. 299; 27 L. J., Ch. 542).

(b) See 18 & 19 Viet, e 120, proviso to s. 197 (p. 394), which is not repealed by this act (R. v. St. Pancras Directors, E. B. & E. 583; 5 Jur., N.8., 120).

C. 112.

make default in the payment of the rate for the relief of the poor payable 19 & 20 VICT. in respect thereof, such landlord shall be and remain liable for the payment thereof, in the same manner as if he alone had been rated in respect of the premises so occupied by his tenant.

VI. Any occupier who under this act is rated or deemed to be rated to Right of the relief of the poor in any parish, and has been so rated or deemed to be occupier so claiming rated for one year next before any election of vestrymen or auditors under to vote in the said act, shall be entitled to vote in such election, and shall for the elections. purposes of the said act be deemed a ratepayer of such parish, and be entitled to act as such, provided all parochial rates, taxes, and assessments, save and except church rates, due in respect of the same premises at the time of his so voting or acting, except such as have been made or become due within six months immediately preceding such voting or acting, have been paid; but such occupier shall not be deemed to be a ratepayer so as to gain a settlement where he would not have gained a settlement if this act had not been passed.

church

VII. The provision in section sixteen of the said act requiring all Payment of parochial rates, taxes, and assessments (except as therein excepted) to rates not have been paid shall not be taken to include church rates.

necessary

be deter

"rateable

VIII. And whereas by the act of the session holden in the sixth and as a qualifiseventh years of King William the Fourth, chapter ninety-six, "to regulate cation. parochial assessments," it is required that every rate for the relief of the Rental to poor shall, in addition to any other particular which the form of making mined by out such rate shall require to be set forth, contain an account of every column particular set forth at the head of the respective columns in the form given headed in the schedule to that act annexed, so far as the same can be ascertained, value." and in the form in the said schedule are two columns headed respectively gross estimated rental" and "rateable value:" and whereas by the said act of the last session it is required that in order to qualify a person to be elected a vestryman or auditor he should be rated to the relief of the poor upon a rental of such amount as therein mentioned and whereas doubts are entertained which of the amounts specified in the said two columns is to be deemed the "rental" for the purposes of the last mentioned act:

66

of vestries

The amount specified in the said column headed "rateable value" shall be deemed the "rental" for the purposes of the last-mentioned act. IX. Every meeting of any vestry constituted by the said act of the last Regulation session, of which and of the special purpose whereof notice is now by law of meetings required to be affixed on or near the principal doors of the churches and constituted chapels within the parish, may be convened by transmitting through the by 18 & 19 post or otherwise notice, signed by the clerk to the vestry, to each vestry- Vict. c. 120. man, at his usual or last known place of abode in England, of the place and hour of holding the same, and the special purposes thereof, three days before the day appointed for such meeting, and also by affixing at the same time notice thereof on or near the door of any building where the said meeting is to be holden, and it shall not be necessary that notice of any such meeting shall be further or otherwise signed or published.

X. And whereas doubts are entertained whether the provision in section Section 144 one hundred and forty-four of the said act of the last session (a), author- of 18 & 19 Vict. c. 120, ising the metropolitan board of works, where it appears to them that declared to further powers are required for the purpose of any work for the improve- extend to ment of the metropolis or public benefit of the inhabitants thereof, to authorise make applications to parliament for that purpose, and providing that the applications to parliaexpenses of such application may be defrayed as other expenses of the said ment for board, extends to authorise applications to parliament by such board for providing powers for providing parks, pleasure grounds, places of recreation, and parks, &c. open spaces, and it is expedient to remove such doubts: the powers given

(a) See 18 & 19 Vict. c. 120, s. 144, p. 378.

C. 112.

19 & 20 VICT. to the said board to make applications to parliament, and the provision for the expenses of such application, extend respectively to applications to parliament for the purpose of providing parks, pleasure grounds, places of recreation, and open spaces for the improvement of the metropolis or the public benefit of the inhabitants thereof, and to the expenses of all such applications.

District

vestries em

XI. Any district board or vestry may take, by agreement or gift, any boards and land or any right or easement in or over land, for any estate or interest powered to therein, and on such terms and conditions as they may think fit, for the take ground purpose of such land being either kept as an open space or being kept and to be main-maintained as a pleasure ground for the public benefit of the inhabitants tained as an of the district or parish; but this enactment shall not authorise any or pleasure expenditure to be defrayed by rates, except for the purpose of enclosing, ground. maintaining, planting, and otherwise improving the same.

open space

Recited act and this act to be as one.

XII. The said act of the last session and this act shall be construed together as one act.

21 VICT. C. 25.

21 VICT. C. 25.

So much of

16 & 17 Vict.

c. 100, as enacts that

be furnished to registrars, and

An Act to amend the Act concerning Non-parochial Registers,
and the Acts for Marriages, and for registering Births,
Deaths, and Marriages, in England, and concerning Vacci-
nation (a).
[14th June, 1858.]

VII. AND whereas by the act of the session holden in the sixteenth and seventeenth years of her Majesty, chapter one hundred (b), it was enacted, that the said registrar general should within two months after the passing vaccination of that act frame and provide such books, forms, and regulations as he forms shall might deem requisite for carrying into full effect the provisions of that act, and should transmit the same to the superintendent registrars of each district in England and Wales, who should deliver to the medical officers appointed as in the said act mentioned, and other duly qualified medical practitioners in the said district, such of the said books, forms, and regulations as they might require for the performance of the duties imposed upon them by that act, and the expenses to be incurred by the registrar general under the provisions of that act should be defrayed in the same manner as the expenses under the said act of the six and seventh years of king William the Fourth, chapter eighty-five:

delivered by

them to medical

officers and practitionpealed.

ers. re

Registrars to deliver books, &c., to medical

officers, &c.,

without requiring payment for the same.

The said enactment, except so much thereof as directs the registrar general to frame and provide such books, forms, and regulations as therein mentioned, shall be repealed; and the re.istrar general shall transmit from time to time to the registrar of births and deaths in every subdistrict such books, forms, and regulations as may be requisite for the use of the medical officers appointed as in the said act mentioned, and other duly qualified medical practitioners in the sub-district; and every such registrar shall deliver to such medical officers and practitioners respectively, without requiring payment for the same, such of the said books, forms, and regulations as they may require for the performance of the duties imposed upon them by that act.

(a) See "Vaccination," p. 165.
(b) See 16 & 17 Vict. c. 100, p. 334.

21 & 22 VICT. c. 90.

An Act to Regulate the Qualifications of Practitioners in 21 & 22 VICT. Medicine and Surgery (a). [2nd August, 1858.] _

WHEREAS it is expedient that persons requiring medical aid should be enabled to distinguish qualified from unqualified practitioners; 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, as follows:

I. This act may for all purposes be cited as "The Medical Act."

C. 90.

Short title. II. This act shall commence and take effect from the first day of CommenceOctober one thousand eight hundred and fifty-eight.

ment of act.

III. A council which shall be styled "the general council of medical Medical education and registration of the united kingdom," hereinafter referred to council. as the general council, shall be established, and branch councils for England, Scotland, and Ireland respectively formed thereout as hereinafter mentioned.

IV. The general council shall consist of one person chosen from time to Members of time by each of the following bodies; (that is to say,)

The Royal College of Physicians:

The Royal College of Surgeons of England:

The Apothecaries' Society of London :

The University of Oxford:

The University of Cambridge:

The University of Durham :

The University of London:

council.

The College of Physicians of Edinburgh :

The College of Surgeons of Edinburgh :

The Faculty of Physicians and Surgeons of Glasgow:

One person chosen from time to time by the University of Edinburgh and the two universities of Aberdeen collectively:

One person chosen from time to time by the University of Glasgow and

the University of St. Andrew's collectively :

One person chosen from time to time by each of the following bodies:
The King and Queen's College of Physicians in Ireland:

The Royal College of Surgeons in Ireland:

The Apothecaries' Hall of Ireland:

The University of Dublin:

The Queen's University in Ireland :

And six persons to be nominated by her Majesty with the advice of her privy council, four of whom shall be appointed for England, one for Scotland, and one for Ireland; and of a president, to be elected by the general council.

V. If the said Universities of Edinburgh and Aberdeen, of Glasgow and rovision Saint Andrew's respectively, shall not be able to agree upon some one in case the universities person to represent them in the council, it shall be lawful for each one of of Glasgow, the said universities to select one person; and thereupon it shall be lawful Aberdeen," for her Majesty, with the advice of her privy council, to appoint one of and Saint the persons so selected to be a member of the said council for the said Andrew's fail to apuniversities. point a person to represent them.

VI. The members chosen by the medical corporations and universities of Branches of

(a) See "Medical Practitioners," p. 175.

C. 90.

21 & 22 VICT. England, Scotland, and Ireland respectively, and the members nominated by her Majesty, with the advice of her privy council, for such parts respectively of the United Kingdom, shall be the branch councils for such the council parts respectively of the United Kingdom, to which branch councils shall for England, Scotland, be delegated such of the powers and duties vested in the council as the and Ireland. council may see fit, other than the power to make representations to her Majesty in council as hereinafter mentioned: the president shall be a member of all the branch councils.

Qualification.

Resignation or death of

member of general council.

Time and place of meeting of the general council.

Appoint

ment of registrars and other officers.

Appointment of registrars and other

officers by branch councils.

Fees for

VII. Members of the general council representing the medical corporations must be qualified to be registered under this act.

VIII. The members of the general council shall be chosen and nominated for a term not exceeding five years, and shall be capable of re-appointment, and any member may at any time resign his appointment by letter addressed to the president of the said council, and upon the death or resignation of any member of the said council, some other person shall be constituted a member of the said council in his place in manner hereinbefore provided; but it shall be lawful for the council during such vacancy to exercise the powers hereinafter mentioned.

IX. The general council shall hold their first meeting within three months from the commencement of this act, in such place and at such time as one of her Majesty's principal secretaries of state shall appoint, and shall make such rules and regulations as to the times and places of the meetings of the general council, and the mode of summoning the same, as to them shall seem expedient, which rules and regulations shall remain in force until altered at any subsequent meeting; and in the absence of any rule or regulation as to the summoning a meeting of the general council, it shall be lawful for the president to summon a meeting at such time and place as to him shall seem expedient by letter addressed to each member; and at every meeting, in the absence of the president, some other member to be chosen from the members present shall act as president; and all acts of the general council shall be decided by the votes of the majority of the members present at any meeting, the whole number present not being less than eight, and at all such meetings the president for the time being shall, in addition to his vote as a member of the council, have a casting vote, in case of an equality of votes; and the general council shall have power to appoint an executive committee out of their own body, of which the quorum shall not be less than three, and to delegate to such committee such of the powers and duties vested in the council as the council may see fit, other than the power of making representations to her Majesty in council as hereinafter mentioned.

X. The general council shall appoint a registrar, who shall act as secretary of the general council, and who may also act as treasurer, unless the council shall appoint another person or other persons as treasurer or treasurers; and the person or persons so appointed shall likewise act as registrar for England, and as secretary and treasurer or treasurers, as the case may be, for the branch council for England; the general council and branch council for England shall also appoint so many clerks and servants as shall be necessary for the purposes of this act and every person so appointed by any council shall be removable at the pleasure of that council, and shall be paid such salary as the council by which he was appointed shall think fit.

XI. The branch councils for Scotland and Ireland shall each respectively in like manner appoint a registrar and other officers and clerks, who shall be paid such salaries as such branch councils respectively shall think fit, and be removable at the pleasure of the council by which they were appointed; and the person appointed registrar shall also act as secretary' to the branch council, and may also act as treasurer, unless the council shall appoint some other person or persons as treasurer or treasurers.

XII. There shall be paid to the members of the councils such fees for

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