Page images
PDF
EPUB

Sewers (House Drainage).

Commissioners
may carry on
Works, at
Expense of
Owners, &c.

CA P. XXX.
An Act to empower the Commissioners of Sewers to expend

on House Drainage a certain Sum. out of the Monies
borrowed by them on the Security of the Rates, and
also to give to the said Commissioners certain other

Powers for the same Purpose. [15th June 1855.] : WHEREAS it is of urgent Importance to the Health of the

Metropolis that Powers of House Cleansing, Drainage, ' and Improvement should be forthwith actively exercised by the

Metropolitan Commissioners of Sewers, for the Purpose of exe

cuting in Houses which may appear exposed to the Ravages of • Zymotic Diseases such palliative and preventive Works, either

temporary or permanent, as the Time admits of, to obviate the • Outbreak and Spread of such Epidemic Disorders :' 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. That the Metropolitan Commissioners of Sewers be and they are hereby empowered to carry on forthwith such Works as aforesaid, and they are hereby authorized to employ on such Works a Sum not exceeding Twenty-five thousand Pounds out of the Monies in their Hands borrowed on the Security of the Rates, charging the Cost of such Works in each Case upon the Owner or Occupier, as herein-after provided.

II. To facilitate the Execution of such Works in Cases where it shall appear to the Commissioners, on the Presentment of One of their Engineers, that it is requisite or proper to execute such Works or any of them in several Messuages, Tenements, or Premises situate in the same Road, Street, or Place, or in contiguous or neighbouring Streets, Roads, or Places, as combined Works, or Works of Improvement common to several Messuages, Tenements, or Premises, and for that Purpose to construct, perform, or execute any Sewers, Drains, Waterclosets, Apparatus, or other Works of Improvement, whether temporary or permanent, simultaneously or in combination or conjunction, and that such Works can be executed for such a Sum as the Commissioners shall deem reasonable and proper in that Behalf, it shall be lawful in all such Cases for the Commissioners to give Notice to the Owners or Occupiers of such Messuages, Tenements, and Premises of their Intention to execute such Works, and to charge them or some of them with the Expenses thereof; and the Commissioners shall appoint a Time and Place for receiving Objections in Writing, which any Party interested in such Messuages, Tenements, or Premises, or any of them, may desire to offer, and at the appointed Time and Place the Commissioners shall receive and consider such Objections, if any, and inay execute, abandon, or alter such intended Works, and if they shall execute such Works shall ascertain the Expenses incurred thereby, and shall divide such Expenses among the Owners or

Occupiers

Commissioners may simultaneously execute Works of Improvement common to several Messuages, and divide the Expense among the Owners or Occupiers.

Sewers (House Drainage). Brighton Incorporation. Occupiers of such Premises respectively, in such Proportions as they may deem equitable and reasonable ; and the Amount imposed upon any such Owner or Occupier shall be paid by an Improvement Rate upon such Premises, or as Charges for Default, as the Commissioners shall in that Behalf direct and decree.

III. This Act shall be deemed to be incorporated with “ The This Act and Metropolitan Sewers Act, 1848,” and shall be construed and taken 11 & 12 Vict. as if this Act and “ The Metropolitan Sewers Act, 1848,” were

c. 112. to be

construed as One Act.

One. .
CA P. XXXI.
An Act to confirm the Incorporation of the Borough of
Brighton.

[15th June 1855.]
THEREAS since the passing of an Act passed in the Sixth

Year of the Reign of His late Majesty King William the Fourth, intituled An Act to provide for the Regulation of Munia 5 & 6 W. 4. 'cipal Corporations in England and Wales, a Charter of Incorpo. c. 76. ration has been granted to tlte Borough of Brighton in pursuance

of the Provisions of the said Act, and of the Acts afterwards · passed for amending the said Act : And whereas Doubts have arisen respecting the Validity of the said Charter, and the Right of the Mayor of the said Borough of Brighton to be the Return

ing Officer at the Elections of Members to serve in Parliament ' for the Borough of Brighton; and it is expedient that such

Doubts be removed :' Be it declared and 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 :

I. That the said Charter of Incorporation, and also the Grant Charter of of separate Courts of Sessions of the Peace, issued and granted Incorporation to the said Borough, and all Acts and Proceedings done or had confirmed. in pursuance thereof before the passing of this Act, shall be deemed good and lawful from the Time of the Grants, Acts, and Proceedings respectively.

II. The Mayor of Brighton shall be the Returning Officer for The Mayor to the Borough of Brighton at all Elections of Members to serve in be the ReturnParliament for the Borough of Brighton : Provided, that in case ing Officer. the Mayor shall, at the Time when he shall be required to perform the Duties of such Returning Officer, be dead, absent, or otherwise incapable of acting, or in case there shall be no Mayor, the Town Council of Brighton shall forth with elect One of the Aldermen to be the Returning Officer for the Borough in the Place of the Mayor being so dead, absent, or otherwise incapable of acting.

CA P. XXXII.
An Act to amend and extend the Jurisdiction of the Stannary
Court.

[15th June 1855.] W

HEREAS it is desirable to explain and amend the Acts

heretofore passed for the Administration of Justice in the • Stannaries, and to make the Jurisdiction and Process of the

i Court

Process in case of Mines of mixed Minerals.

Interpretation of Terms.

Jurisdiction of the Stannary Court Amendment. · Court of the Vice-Warden more efficient, and to regulate Appeals ' from the Vice-Warden :' 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:

I. Where any Mine or Sett within the Stannaries shall be worked by the same Adventurers not only for metallic Minerals within the Jurisdiction of the Court, but also for non-metallic Minerals found in the same Mine or Sett, or intermixed with metallic Minerals, the entire Mine and Works and Products thereof shall be taken to be within the Cognizance of the Vice-Warden as if the same had wholly consisted of metallic Minerals, and the Process of the Court shall extend to and be exercised over the same, and all the Machinery and Materials thereon, as in the Case of Mines of metallic Minerals, and the Mineral called Plumbago or Black Lead is hereby declared to be a metallic Mineral.

II. The Words “Mine” and “Mineral” and “Miner,” when used in this Act, or in any Pleadings, Process, or Proceedings in the said Court, shall, unless otherwise explained or qualified, be respectively presumed and taken to mean a metallic Mine or Mineral within the Jurisdiction of the said Court, and a Miner in some Mine, Work, or Adventure within the same Jurisdiction, and having Privilege to sue or be sued in the said Court ; and the Words“ County Court” shall in this Act mean any Court established under the Provisions of the Act passed in the Session of Parliament holden in the Ninth and Tenth Years of the Reign of Her present Majesty, Chapter Ninety-five, and also the Court held under the Provisions of “ The London (City) Small Debts Extension Act, 1852.".

III. In Suits on the Equity Side of the Court of the ViceWarden, prosecuted according to Custom by the Purser or other principal Agent of the Adventurers in a Mine in the Stannaries against an Adventurer or his personal Representatives for Contribution to Calls or to the Expenses of working such Mine or Adventure, it shall be lawful for the Vice-Warden, upon special Application in that Behalf, to order that Service of Process on the Defendant in any Part of England or Wales to compel Appearance and Answer shall be sufficient Service, although he may not then be personally within the Jurisdiction of the said Court; and

Proof of such Service and the Default of the Defendant to appear and answer the Petition within the Time prefixed by the Summons, it shall be lawful for the Plaintiff to enter an Appearance for the Defendant, and thereupon such Proceedings shall be had in the Suit, and such Orders and Decree made, as if the Process had been duly served on the Defendant within the Jurisdiction of the Court; and if upon Sale of the Shares or Interest of the Defendant in the Mine or Adventure according to Custom the Proceeds of the Sale shall be insufficient to satisfy the Debt of the Defendant, Costs of Suit, and Expenses of Sale, it shall be lawful to levy the same or the Residue thereof in the Manner herein-after provided for enforcing Decrees and Orders on the Equity Side of the Court ; and after Appearance

As to Suits by Pursers, &c. for Contribution against non-resident Shareholders.

upon

SO

Jurisdiction of the Stannary Court Amendment. so entered, all Notices, Orders, Summonses, Warrants, and other Process in the Suit shall be deemed to be well served if served on the Defendant wheresoever he shall then be in England or Wales.

IV. In all such Suits against Adventurers for Contribution, it Plaintiff may shall be lawful for the Plaintiff to join several Adventurers in join several One Petition for Recovery of their several Contributions, and for Adventurers the Court to make One Decree for Payment and One Order for in One Petition,

&c. Sale of Shares, and to enforce Payment by separate Process of Execution against each Defendant, if need be ; and where the Defendants or any of them shall put in separate Answers, it shall be lawful for the Court to direet that all or any of the Matters in issue be heard and tried at the same Time ; provided that nothing herein contained shall be construed to abridge or affect the Right of the Plaintiff in such a Suit, as now exercised, to proceed against Adventurers residing or being out of the Jurisdiction of the Court upon a Service on the Mine itself, substituted by Order of the Vice-Warden for personal Service ; but in such Case the Plaintiff shall not be entitled to any other or further Remedy for Recovery of the Arrears of Contribution in the Vice-Warden's Court from a Defendant so served than he had before the passing of this Act.

V. In Suits on the Equity Side of the said Court by Creditors As to Suits by prosecuted according to Custom against the Purser or other prin- Creditors for cipal Agent of the Adventurers, or against one or more of the Payment of

Debts of AdAdventurers in a Mine in the Stannaries, to enforce Payment of

venturers in a their Demands by Sale of the Ores, Machinery, Materials, and Mine. Effeets for the Time being belonging to the Adventurers, and being upon or about the Mine or fraudulently removed therefrom, it shall be lawful for the Vice-Warden, upon special Application in that Behalf, to order that Service of Process on the Defendant in any Part of England or Wales to compel Appearance and Answer shall be sufficient Service, although he may not then be personally within the Jurisdiction of the said Court; and upon Proof of such Service and of the Default of the Defendant to appear and answer the Petition within the Time 'prefixed by the Court, it shall be lawful for the Plaintiff to enter an Appearance for the Defendant, and thereupon such Proceedings shall be had in the Suit, and such Decrees and Orders made, as if the Process had been duly served on the Defendant within the Jurisdiction of the said Court; and any Adventurer shall, upon Application to the Vice-Warden or Registrar, be let in to defend the Suit, either separately or jointly with the other Defendant, within Twenty Days after the filing of the Petition, or within such other Time as the Vice-Warden shall allow; and where several Creditors of the same Adventurers shall sue separately for Payment and Sale, the Vice-Warden shall have Power to consolidate the Suits in such Way as shall seem to him necessary or expedient for the convenient Trial of the Matters in issue in the said Causes and for the saving of Expense to the Suitors; and all further Notices, Orders, Summonses, Warrants, and other Process in the Cause or consolidated Causes shall be deemed to be well served if served

on

Jurisdiction of the Stannary Court Amendment. on the Defendant in any Part of England or Wales ; and if upon Sale of the Ores, Machinery, Materials, and Effects in any such Suit the Proceeds of the Sale shall be found insufficient to satisfy the Debts of the Plaintiff or Plaintiffs and of the other Creditors who shall be admitted according to Custom to prove their Debts before the Registrar of the Court and the Costs of Suit and Expenses of Sale, it shall be lawful for the Registrar, at the Instance of the Plaintiff in the Suit or of any Creditor so admitted to Proof, and by Permission of the Vice-Warden on an Application by the Plaintiff or Creditor stating the Amount of Debts remaining unsatisfied and the Number of Adventurers, whether within or out of the Jurisdiction, so far as they can be ascertained by the Applicant, to proceed to apportion the Amount of Debts, Costs, and Expenses remaining unsatisfied rateably among all the Adventurers or Persons liable to contribute to the Payment of the said Debts, whether they be within the Jurisdiction or elsewhere, according to the Number of Shares or the Interest of each in the said Mine or Adventure ; and it shall be competent for the Registrar to call for, and by Summons and Attachment within the Stannaries or Subpæna under the Seal of the Court to enforce, Production before him of the Cost Book or Books, Lists of Shareholders, Accounts, Bills, Resolutions of the Adventurers or Committees thereof, and all other Books, Papers, and Documents of the Adventurers relating to the Mine or the Management thereof, and by like Summons and Attachment or Subpoena to call before him and to examine the Purser, Managers, or other principal Agents of the Adventurers, whether the several Documents above-mentioned or the Persons so called before him be within the Stannaries or elsewhere in any Part of England or Wales, and to make a List of all the Persons so liable to contribute at the Time of filing the Petition or their personal Representatives, with the Amount apportioned upon each ; and when the Registrar shall have made such List and Apportionment, a Copy of the List shall be sent to the Account House of the Mine, or the principal Office or Place of Business of the Adventurers, and Notice shall be served on each Person named in the List of the Sum charged upon him, and a reasonable Time, to be fixed by the Registrar according to the Circumstances of each Case, shall be allowed to him to dispute the Apportionment before the Registrar, who shall hear and determine all Objections thereto ; and when the List shall have been finally settled by the Registrar, he shall report thereon generally to the Vice. Warden, and if the Report shall be confirmed upon Exception or otherwise there shall be a Decree for Payment in conformity with the said Report, and the several Sums so apportioned and charged upon each Contributory shall in and by the said Decree be made payable to the Registrar, who shall forthwith demand Payment thereof, and thereupon it shall be lawful for the said Plaintiff or Creditor, at whose Instance the Apportionment shall have been made and Decree obtained, after such Demand and a Refusal of Payment, to proceed to levy from each Contributory in the said List the Sum therein charged upon him in the Manner herein-after provided for enforcing Decrees and Orders on the

« ՆախորդըՇարունակել »