Sect. 10. Saving for vested interests. capable of being fulfilled according to the provisions of this Act, or to strengthen, confirm, or affect any claim, right, or title of any burgesses or freemen of any borough or corporation, or of any person, to the benefit of any such rights as are hereinbefore reserved, but the same in every case may be brought in question, impeached, and set aside in like manner as if this Act had not been passed (a). (2.) From and after the passing of this Act no person shall be elected, made, or admitted a burgess or freeman of any borough mentioned in any of the schedules to this Act by gift or purchase (b). (3.) Every scheme under the Municipal Corporations Act, 1882, or this Act, shall, if need be, provide for carrying this section into effect, and for the enrolment of persons from time to time entitled under this section, and a scheme may be made for that purpose or for the purpose of managing any property to which the said persons may be for the time being entitled. (a) Cf. with subs. (1) of this section sect. 2 of the repealed Municipal Corporations Act of 1835 (5 & 6 Will. 4, c. 76); and sects. 201-209 of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50). (b) This sub-sect. reproduces sect. 3 of the repealed Municipal Corporations Act of 1835. 11. (1.) If any person alleges that he is by virtue of this Act deprived of any emolument or pecuniary profit, or any other profit of a pecuniary value, he may apply to the Local Government Board, and that Board, if satisfied that the allegation is true, and that under all the circumstances the applicant ought, if deprived thereof, to receive compensation for the same, may order that he shall continue to enjoy such emolument or profit, or shall receive such compensation for the same as the Board may think just, and if the compensation is pecuniary, the money shall (and if necessary from time to time) be raised in such manner or paid out of such funds (being, so far as may be, the same manner or funds in or out of which the Sect. 11. emolument or profit was previously raised or paid) as the order directs. (2.) All liabilities of any corporation, court, judge, or officer abolished by this Act, existing at the time of such abolition, shall be discharged out of the same funds and in the same manner, as near as may be, as they would have been if this Act had not passed; and the Local Government Board, on the application of any person interested, may by order provide in such manner as they think expedient for the discharge of such liabilities. (3.) For the purposes of this section, a rate, toll, or due may continue to be levied, and may be made, assessed, levied, and collected by such persons as the Local Government Board direct, in like manner as if they were the persons who, if this Act had not passed, would have been authorized to make, assess, and levy such rate, toll, or due. (4.) An order under this section may be made an order of the High Court of Justice, and may be enforced accordingly. powers of Council and 12. Nothing in this Act shall be in derogation of any Saving for power otherwise vested in the Committee of Council, Committee of or the Charity Commissioners, and the Committee of Charity ComCouncil and Charity Commissioners may exercise for the missioners. purposes of this Act all powers otherwise vested in them in relation to boroughs and charities respectively. Cinque Ports. 13. With respect to any cinque port or ancient town Saving as to or member of a cinque port mentioned in the schedules to this Act, the following provisions shall have effect:(1.) Nothing in this Act shall diminish the jurisdiction of the Court of Admiralty of the Cinque Ports Sect. 13. Saving as to Provision as to local authorities and officers. :6 depredations committed on merchants, shipowners, and underwriters by boatmen and "others within the jurisdiction of the Cinque "Ports; and also for remedying certain defects "relative to the adjustment of salvage under a "statute made in the twelfth year of the reign "of Her late Majesty Queen Anne," or of any Commissioners appointed in pursuance of that Act: (2.) Nothing in this Act shall increase the authority or jurisdiction which any cinque port, or any court, justice, or officer of a cinque port, has over any member of a cinque port, notwithstanding that that member is, in pursuance of this Act, no longer corporate: (3.) The non-corporate members of any such cinque port or ancient town shall form part of the body of the county, and hundred, and other division in which those members are respectively situate. 14. In the event of a charter not being granted to Winchelsea the property of the corporation of Winchelsea 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 enjoyment, and for that purpose the corporation of Winchelsea shall continue undissolved in like manner as if it were constituted by the said scheme; and, notwithstanding anything in this Act, Winchelsea shall continue to be entitled an ancient town of the cinque ports (a). (a) No charter has been granted to Winchelsea. 15. (1.) Every body referred to in the First Schedule to this Act shall, notwithstanding any mistake in the name or description thereof, be subject to this Act, as a corporation, and be deemed to be a local authority within the meaning of section two hundred and thirteen of the 45 & 46 Vict. Municipal Corporations Act, 1882. c. 50. (2.) Any mayor, jurat, recorder, justice of the peace, coroner, bailiff, sergeant, inspector, or constable, or any other officer by whatever name called, having or claiming the authority of any judge or officer above named, shall be deemed to be included in this Act in the expression judge or officer, as the case may be. (3.) Where in any report of the Commissioners of 1834, or in any report of the Commissioners of 1876, any corporation, court, sessions, judge, recorder, justice, coroner, constable, inspector, authority, or officer, or any franchise, privilege, right, or exemption, or any property, is mentioned in connection with any place mentioned in the schedules to this Act, that mention shall be evidence that the same is subject to this Act. Seet. 15. rights of 16. (1.) Nothing in this Act shall affect the right Saving for enjoyed by any person at the passing of this Act to vote voting and for any member or members to serve in Parliament. (2.) The abolition by this Act of any jurisdiction shall not affect anything done in pursuance of such jurisdiction before it is abolished; any offence committed before such abolition may be prosecuted, tried, and punished as if the jurisdiction had been abolished at the time when the offence was committed. acts done. Romney 17. Whereas it appears from the Report of the Com- Saving for missioners of 1876, that doubt exists as to whether the Marsh. corporation mentioned in Part II. of the First Schedule to this Act, as existing or reputed to exist in Romney Marsh, is a municipal corporation, and it is expedient to make such provision respecting the same and respecting the lords bailiff and jurats of Romney Marsh, as hereinafter contained: Be it therefore enacted as follows:(1) The reputed corporation of the bailiff jurats and commonalty of Romney Marsh shall, notwith- Sect. 17. Saving for shall not have or exercise any municipal rights (2) Notwithstanding anything in this Act, the bailiff 18. Whereas, it appears from the report of the Comatte-Bower. missioners of 1876 that doubt exists whether the corporation of Havering-atte-Bower, is a municipal corporation, and whether an Order in Council for the union of Havering-atte-Bower to the county of Essex might be made in pursuance of the Act of the session of the thirteenth and fourteenth years of the reign of her present Majesty, chapter one hundred and five, intituled "An Act for "facilitating the Union of Liberties with the Counties in "which they are situate," upon the petition of the justices of the said county without any petition from the justices 1 |