Imatges de pàgina
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situate or to which it adjoins, and if it adjoins more than one county or part of a county, then as the county or part with which it has the longest common boundary (b):

(2.) All exclusive rights of trading (e), local exemptions from juries (d), and other local franchises, privileges, and exemptions existing under any charter or grant or prescription shall cease.

(a) Sects. 4, 10, 11, 13, 14, 17-24, 25, post.

(b) This sub-section follows sects. 107, 108 of the repealed Municipal Corporations Act of 1835 (5 & 6 Will. IV. c. 76).

(c) See sect. 14 of the Act of 1835.

(d) See sect. 123 of the Act of 1835.

3. On and after the twenty-fifth day of March one thousand eight hundred and eighty-six, or such later day, not after the twenty-ninth day of September one thousand eight hundred and eighty-six, as her Majesty in Council may, in the case of any place or places, appoint, the following provisions shall (subject to the savings for vested interests and other provisions contained in this Act) (a) apply to each of the places mentioned in the schedules to this Act to which her Majesty may not be pleased before the said day to grant a new charter(); that is to say,

(a) The place shall not be a corporate town or borough, and any municipal or other corpora

tion thereof (c) existing under any charter or grant or prescription shall be dissolved:

(b) All property (d) of any corporation in the place which is dissolved by this Act, or of any person as member or officer thereof, or of any Court or judge whose jurisdiction is abolished by this Act, shall be applied for the public benefit of the inhabitants of the place in such manner as may be for the time being provided by a scheme of the Charity Commissioners (e); or, in a case where a scheme is made by the Local Government Board (f), by that scheme,

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and shall vest in such persons or body corporate
as may be specified in such scheme.

(2.) Provided that until any such scheme takes effect
the said property shall continue to be held, managed,
and enjoyed as heretofore in like manner as if a scheme
of the Charity Commissioners, in pursuance of this Act,
had provided for such holding, management, and enjoy-
ment, and for that purpose the persons managing the
property shall continue in like manner as if they were a
body constituted by the scheme for the administration of
such property, but the legal estate in the property shall
vest in the official trustees (g).

(a) Sects. 4, 10, 11, 13, 14, 17—24, 25.

(b) The places to which charters have been granted are marked with an asterisk in the schedules to this Act.

(c) The name of the corporation appears in the second column to the first schedule.

(d) Defined by sect. 9, sub-s. (2), post.

(e) As to the powers of the Charity Commissioners, see sects. 8 and 9, post.

(f) See sect. 7 of this Act, post.

The provisions for the interim management of property before a scheme of the Charity Commissioners takes effect are contained in sect. 8 of this Act, post.

(g) I.e., the Official Trustee of Charity Lands (see Charit. Trusts Act, 1853, s. 48, and Charit. Trusts Amend. Act, 1855, s. 15, ante); and, as regards other property, the Official Trustees of Charitable Funds (see Charit. Trusts Act, 1853, s. 51, and Charit. Trusts Amend. Act, 1855, s. 18, ante).

The provisions as to the interim management of the property are contained in sect. 8, post.

new charters

4. Nothing in this Act shall prevent the application Saving for to any place of any charter applying the Municipal and for Corporation Acts (a) which her Majesty may be pleased charities. to grant, or affect anything done in pursuance of those Acts or any scheme thereunder, and shall not affect the operation of any such charter, thing, or scheme; save that nothing in the said Acts or scheme shall authorize the establishment or continuance of any court for the trial of civil actions.

(2.) Nothing in this Act shall affect the right to the benefit of any charity, or shall alter or confer any power

Sect. 3.

Sect. 4.

Inquiry as to places men

part of First Schedule.

of altering the defined charitable purposes (if any) to which any property is by law applicable at the passing of this Act.

(a) The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), and any Act which may be passed amending it: see sect. 27 of this Act, and sect. 7, sub-s. (1), of the Municipal Corporations Act, 1882.

5. Whereas the Commissioners of 1876 reported that tioned in first the places mentioned in the first part of the First Schedule to this Act might be dealt with by being subjected to the provisions of the Municipal Corporations Act, 1835, and the Acts amending the same, as if they were mentioned in Schedule B. of the Municipal Corporations Act, 1835. Be it therefore enacted as follows:

(1.) As soon as conveniently may be after the passing of this Act, the Privy Council shall cause an inquiry to be made into the expediency of advising her Majesty to grant a charter extending the Municipal Corporation Acts to the several places mentioned in the first part of the First Schedule to this Act (a), and also whether it is expedient that any adjoining district not included in the existing corporations shall be included in the places to which such charters may be granted, and shall report to her Majesty thereon.

(2.) The expenses of such inquiry shall be regulated by the Commissioners of Her Majesty's Treasury, and paid out of moneys provided by Parliament.

(3.) Nothing in this section shall require an inquiry to be held with respect to any place with respect to which a similar inquiry has been held since the first day of January, one thousand eight hundred and seventy-nine.

(a) The places to which charters have been granted are marked by an asterisk in the schedules of this Act.

Power to Privy Council to preserve certain courts and officers.

6. The Privy Council, upon being satisfied by any applicants after inquiry that it is expedient for the public so to do, may, by order, provide for retaining any court leet or other court or any officer, whether as returning

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officer for the return of members to serve in Parliament,
or as town clerk for the purpose of the registration of
parliamentary voters, or otherwise, and for the appoint-
ment of any officer so retained, subject in every case to
such exceptions, restrictions, and modifications as seem
expedient.

(2.) Subject to the provisions of any Order of the Privy
Council, any person who at the passing of this Act holds
an office by virtue of which he is such returning officer
or town clerk as aforesaid, may, during the time limited
for the tenure of his office, continue to perform the duties
of such returning officer or town clerk as aforesaid, and
on the expiration of such time, or his otherwise ceasing
to perform the duties, the said duties shall, so far as
regards the returning officer, be performed in manner
provided by the Act of the session of the seventeenth and
eighteenth years of the reign of her present Majesty,
chapter fifty-seven, intituled, "An Act to amend the law
relating to the appointment of returning officers in certain
cases," and, so far as regards the town clerk, shall be
performed by the person in the parliamentary borough
who is town clerk within the meaning of section one hun-
dred and one of the Parliamentary Registration Act, 1843.

Sect. 6.

Local Govern

7. Whereas there are local boards or improvement Scheme of commissioners in some of the places mentioned in the ment Board First Schedule to this Act, and the Commissioners of 1876 respecting reported that it might be expedient to establish local local boards or boards in other of such places: Be it therefore enacted commisas follows:

(1.) Where any part of any of the places mentioned in any of the schedules to this Act is comprised in the district of any local board or improvement commissioners, whether established before or after the passing of this Act, and her Majesty is not pleased to grant a charter to such place, the Local Government Board, after such local inquiry as they think expedient, may, at any time before any corporation in the said place becomes abolished by

places under

improvement

sioners.

Sect. 7.

this Act, make such scheme as might be made by the 45 & 46 Vict. Committee of Council under part eleven of the Municipal

c. 50.

38 & 39 Vict. c. 55.

Power of Charity Commissioners.

Corporations Act, 1882 (a):

(2.) Sections two hundred and thirteen and two hundred and fourteen of and the Seventh Schedule to that Act shall, so far as is consistent with the tenour thereof, apply accordingly as if they were herein re-enacted, with the substitution of the Local Government Board for the Committee of Council, and of the said district for borough, and with a limitation to the purposes of this section:

(3.) A scheme may be made as aforesaid for the purpose of amending any previous scheme under this section:

(4.) Sections two hundred and ninety-four, two hundred and ninety-five, and two hundred and ninety-six of the Public Health Act, 1875, shall, so far as is consistent with the tenour thereof, apply to any local inquiry held by order of the Local Government Board for the purposes of this section.

(a) The places which have been dealt with by Local Government Board schemes are marked with a double asterisk in the schedules to this Act.

8. (1.) The Charity Commissioners may provide, by the appointment of interim trustees and otherwise, for the security and proper management and application of the property, for the application of which such Commissioners have, or may in certain events have, power under this Act to make a scheme (a).

(2.) If any such property has after the first day of March one thousand eight hundred and eighty-three, and before the date at which a charter or a scheme under this Act, or the Municipal Corporations Act, 1882, as the case may be, takes effect, been alienated by way of sale, mortgage, grant, lease, charge, or otherwise, and such alienation has not been made in pursuance of some covenant, contract, or agreement bonâ fide made or entered into on or before the said first day of March, or of some resolution duly entered in the corporation books of the corporation on or before the said first day of

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