App. I. 2 & 3 Will. IV. c. 32. unlawfully entered upon by summary process. Arrears of be recovered. other person or persons shall unlawfuly enter upon or take or hold possession of any such land, it shall be lawful for the churchwardens and overseers of the poor, or any or either of them, to exhibit a complaint against the person so in possession of such land before two of his Majesty's justices of the peace, who are hereby authorized and required to issue a summons under their hands and seals to the person against whom such complaint shall be made, to appear before them at a time and place appointed therein; and such justices are hereby required and empowered, upon the appearance of the defendant before them, or upon proof on oath that such summons has been duly served upon him, or left at his usual place of residence, or if there should have been any difficulty in finding such usual place of residence, then upon proof on oath of such difficulty, and that such summons has been affixed on the door of the parish church of the said parish in which such land is situated, and in any extra-parochial place on some public building or other conspicuous place therein, to proceed to hear and determine the matter of such complaint, and if they shall find and adjudge the same to be true, then by warrant under their hands and seals to cause possession of the land in question to be delivered to the churchwardens and overseers of the poor, or to some of them. 7. And be it further enacted, that all arrears of rent for the said rent, how to portions of land shall be recoverable by the churchwardens and overseers of the poor, or any of them, on behalf of the vestry, by application to two of his Majesty's justices of the peace in petty sessions assembled, who shall thereupon summon the party complained against, and after hearing what he has to allege, should they find any rent to be due, they are required to issue a warrant under their hands and seals to levy the same upon the goods and chattels of the person from whom the said rent shall be due and owing. Application of rent. Allotments 8. And be it further enacted, that the rent of the said portions of land shall be applied by the vestry in the purchase of fuel, to be distributed in the winter season among the poor parishioners legally settled and resident in or near the said parish. 9. And be it further enacted, that if any of the said allotments shall may be let to be found to lie at an inconvenient distance from the residences of the other persons, and lands of cottagers, it shall be lawful for the vestry by an order made to that equal value effect to let such allotment, or any part thereof, for the best rent that hired in can be procured for the same, and to hire in lieu thereof for the purposes of this Act land of equal value more favourably situated. exchange, for tions to be to lands enclosed under 10. And be it further enacted, that no habitations shall be erected on the portions of land demised under this Act, either at the expense of the parish or by the individuals renting the same. 11. And whereas by two Acts of the first and second years of the erected on the reign of his present Majesty, intituled "An Act to amend An Act of the portions let. fifty-ninth year of his Majesty King George the Third, for the Relief Powers, &c. and Employment of the Poor," and the other, intituled "An Act to of this Act enable the Churchwardens and Overseers to enclose lands belonging to shall extend the Crown, for the benefit of poor persons residing in the Parish in which such Crown land is situated," power is given, under certain re1 & 2 Will. 4, strictions, to enclose any quantity not exceeding fifty acres of waste land and Crown land respectively, for the use and benefit of the poor: Be it further enacted, that in any parish where such inclosure shall exist or shall hereafter take place, or where land shall in any other manner be found appropriated for the general benefit of the poor of any parish, then and in such cases the powers and provisions of this Act shall be held to apply, in so far as the same may be found applicable. c. 42 and c. 59. THE POOR ALLOTMENTS MANAGEMENT ACT, 1873. 36 & 37 VICT. c. 19. An Act for making better Provision for the Management in certain WHEREAS it is expedient to provide for the better management in 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, as follows: App. I. 36 & 37 Vict. tion. c. 19. 1. In this Act "local Act of inclosure" shall mean any Act for the Interpretainclosure of land passed before the Act of the eighth and ninth year of the reign of her present Majesty, chapter one hundred and eighteen, which Act with the subsequent Acts amending the same is intituled "The Acts for the inclosure, exchange, and improvement of land”; and "allotment trustees" shall mean any allotment wardens, trustees, or other functionaries appointed for or lawfully acting in the holding or managing lands intended for or being allotments under any local Act of inclosure for the benefit of the poor, or for field gardens, or recreation grounds, or for any public purpose. 2. This Act may be cited as "The Poor Allotments Management Short title. Act, 1873." 3. A committee of not more than twelve nor less than six members Appointment of their own body (the number to be from time to time fixed by the of committees appointing body) shall be appointed annually by the following autho- in certain rities; that is to say, cases for management (1.) By the allotment trustees, or a majority of votes of the allotment of allotments. trustees present and voting at a meeting summoned as in this Act provided, where the number of allotment trustees for the time being exceeds twenty; and (2.) By the vestry of any parish empowered to make an order in respect of poor allotments in pursuance of the Act of the second year of King William the Fourth, chapter forty-two, intituled "An Act to authorize (in parishes enclosed under any Act of Parliament) the letting of the poor allotments in small portions to industrious cottagers," where the number of persons for the time being entitled to attend such vestry exceeds twenty. 4. A committee appointed in pursuance of this Act shall, during the Committee to year of their continuance in office, be substituted for and exercise, in exercise respect of lands intended for or being such allotments as in this Act powers of mentioned, all the powers of the allotment trustees (including all authority appointing it. powers incident to their estate and ownership), or, as the case may be, of the vestry by which they were appointed." App. I. 36 & 37 Vict. c. 19. Appointment of committee to be made annually in August. How meetings authority to 5. The appointment of a committee in pursuance of this Act shall take place annually, and the person whose duty it is to summon meetings of any such allotment trustees or vestry as aforesaid shall summon within twelve months after the passing of this Act, for the purpose of appointing a committee as required by this Act, a first meeting of the allotment trustees or vestry of which he is the summoning officer, or meetings whereof he is authorized to summon, and to summon a meeting of the same body for the like purpose, to be held in the month of August in every year thereafter. 6. Any three trustees may summon a meeting of allotment trustees of appointing for the purposes of this Act by notice published in the manner in be summoned. Which notices of meetings of vestry are usually published in the place where the allotments or any parts thereof are situate of which such persons are trustees. Chairman of committee. 7. A committee appointed in pursuance of this Act may elect a chairman of its meetings, and if no chairman is elected, or if the chairman elected is not present at the time appointed for holding the same, the members present shall choose one of their number to be Adjournment chairman of such meeting. A committee may meet or adjourn as it of committee. thinks proper. The quorum of a committee shall consist of such number of members as may be prescribed by the authority that appointed it, or, if no number be prescribed, of three members. Every question at a meeting of a committee shall be determined by a majority of votes of the members present and voting on that question, and in case of an equal division of votes the chairman shall have a second or casting vote. Quorum. 8. The proceedings of a committee shall not be invalidated by any vacancy or vacancies among its members. Any casual vacancy or vacancies occurring during the year of office in the members of a committee may be filled by the committee itself by the appointment of a person or persons qualified as a member or members of the appointing body to be appointed thereon. 9. If any authority required by this Act to appoint a committee fail to make such appointment within the time limited for making the same, the Inclosure Commissioners for England and Wales may, on the application of any person interested, appoint a committee of persons qualified as members of the body authorized by this Act to appoint the committee to be so appointed; and before making such appointment the Inclosure Commissioners shall give such notice of their intention to proceed on the application, and shall, by an assistant commissioner or otherwise, institute such local inquiry and hear such parties, and shall require such security from the applicant or upon the income of any allotment for payment of any expenses incurred by them as, having regard to the circumstances of the application, they think fit, and shall have power to call for the production of any award rate book or public document which they may think it necessary or proper to inspect. 10. The provision in the hereinbefore mentioned Act of the second year of King William the Fourth, whereby no allotment is to be made of less than one quarter of an acre, is hereby repealed (a). 11. The notice to quit mentioned in the fifth section of the lastmentioned Act of the second year of King William the Fourth may be given by a committee, under the hands of any three of its members, for any cause deemed by it sufficient and proper, and shall (a) This section was repealed by the Stat. Law Rev. Act, 1883. operate and have effect in the same manner and to the same extent as a notice to quit given for any such cause as in that section mentioned. 12. Notwithstanding anything in the said Act of the second year of King William the Fourth contained, it shall be lawful for the authority executing the powers thereof, or of this Act, to require the rent for any land let under it to be paid for the whole year in advance (b). 13. In all cases in which lands shall be let under the provisions of the said Act of the second year of King William the Fourth, or of this Act, the allotment trustees or the overseers and churchwardens or other functionaries in whom the same may be vested shall for all purposes of rates and taxes be deemed the occupiers of such lands as shall from time to time be so let, and shall pay all rates, taxes, and tithe rentcharge (if any) in respect of the lands so let, and the amount from time to time so paid by them shall be retained by or repaid to them out of the rents received on account of the lands so let before any other application thereof. 14. So much of the said Act of the second year of his Majesty King Application William the Fourth as provides for the application of rents of lands of rents of let under the provisions thereof shall not apply to rents of lands land obtained acquired under any of the Public General Acts passed in the fifty-ninth wardens and by churchyear of King George the Third, chapter twelve, and the first and second overseers for years of King William the Fourth, chapters forty-two and fifty-nine, by the employguardians or churchwardens and overseers of the poor for the purposes ment of the of those Acts, or any of them, but the rents of such lands shall, after poor. deducting all proper charges, be applied in aid of the poor rate of the parish in which such lands are situate. church 15. Where any land has been acquired under the said last-recited Lands acActs, or any of them, by guardians or churchwardens and overseers of quired by the poor of any parish for the purposes of those Acts, and such wardens and purposes cannot in the judgment of the board of guardians of the overseers and parish, or, as the case may be, of the union comprising such parish, be unfit for the carried into effect, the same lands shall be sold, exchanged, let, or purposes to be otherwise disposed of in the manner prescribed by the third section of under 5 & 6 the Act of the fifth and sixth years of King William the Fourth, Will. 4, c. 69, chapter sixty-nine. dealt with 8. 3. 16. Nothing in this Act contained shall prejudice or affect any Act not to scheme made by the Charity Commissioners for England and Wales, affect jurisin exercise of the powers in that behalf conferred upon them by diction of "The Charitable Trusts Act, 1853," or any Act amending the same, in Charity Comrespect of any allotment being a charity within the jurisdiction of those Commissioners, or shall exclude or impair any jurisdiction or authority of those Commissioners. 17. This Act shall extend only to England and Wales. (b) See sect. 6 of the Allotments Extension Act, 1882, ante. missioners. 16 & 17 Vict. c. 137. Extent of Act. App. I. 45 & 46 Vict. c. 50. MUNICIPAL CORPORATIONS ACT, 1882. 45 & 46 VICT. c. 50. An Act for consolidating, with Amendments, enactments relating to [18th August, 1882.] PART V. Corporate Transfer of and other dealings with corporate stock. CORPORATE PROPERTY AND LIABILITIES. Corporate Stock. 118. (1.) Any stocks, funds, or public securities (in this section referred to as stock) standing in the books of the Bank of England or of any other public company or society in the name of a municipal corporation, under any style or title of incorporation, and the dividends and interest thereof and all bonuses and accretions thereto, belonging to the municipal corporation, without being subject to any trust for charitable purposes, may be transferred by and paid to such persons as the council appoint by an instrument under the corporate seal, signed and sealed also by the clerk to the trustees of the municipal charities, who shall on request sign and seal it. (2.) Any stock and money so standing belonging to the trustees of the municipal charities solely on charitable trusts, may be transferred by and paid to persons appointed under the hands and seals of the greater part of the trustees, the appointment being attested under the hand and seal of their clerk, and being also sealed with the corporate seal, which seal the mayor shall on request cause to be affixed thereto. (3.) The dividends and interest of any stock and money so standing, belonging partly to the municipal corporation but subject to charitable trusts, may be paid to persons authorized to have the same paid to them by an instrument in writing under the corporate seal, and appointed under the hands and seals of the greater part of the trustees, the appointment being attested under the hand and seal of their clerk. (4.) In every case the receipt of the persons authorized to give a receipt to the company or society by an instrument under the corporate seal, and signed and sealed by the clerk to the trustees of the municipal charities, shall be an effectual discharge to the company or society. (5.) So much of the money so paid as is held on charitable trusts shall be paid over to the trustees of the municipal charities, and so much as the municipal corporation is entitled to beneficially shall go to the borough fund. (6.) But the company or society shall not be bound to see to the application of that money, or to the validity of the appointment of the clerk to the trustees of the municipal charities, or to the execution of any instrument by any of them, or to inquire whether or not the stock or money is charged with or held on any charitable trust. (7.) Every person authorized to so receive any money shall account to the council and to the trustees of the municipal charities for all money received by him, and on his failure so to account a court of summary jurisdiction may, on complaint either of the council or of the trustees, by summary order require him to do so. |