of the Admi and act as V. AND be it further enacted, that from and after the passing of this Act Commissioners it shall be lawful for the commissioners for executing the office of lord high admiral aforesaid for the time being, or any one or more of them, and they minister oaths and each of them are and is hereby empowered, to administer an oath or justices. oaths in any cases touching or concerning his Majesty's naval monies, stores, victuals, or provisions, or the accounts thereof, or in any other matter relating to his Majesty's naval service, and also from time to time, in all places whatever, to execute the office and authority of a justice of the peace in as full and ample a manner as any commissioners of the navy or victualling are by any Act of Parliament now in force, or any justice under any commission is authorized to execute the same; and all keepers of gaols, and all constables and other peace officers, are hereby respectively required from time to time diligently to execute and obey all such warrants as shall be lawfully made, directed, or given to them or any of them by any one or more of the said commissioners for executing the office of lord high admiral aforesaid; and all the laws made or to be made for the ease, safety, and protection of justices of the peace in the execution of their office shall extend to the said lastmentioned commissioners, and to all constables and other peace officers and persons acting under the warrant or authority of any such commissioners, as fully and effectually to all intents and purposes as if they were herein enacted. VI. AND whereas an Act was passed in the third year of the reign of his 3 Geo. 4. c. 19. late Majesty King George the Fourth, for enabling two or more commissioners recited; for executing the office of lord high admiral, when the number of such commissioners is less than six, to do certain acts theretofore done by three or more of the same commissioners: And whereas, considering the additional duty to be performed by the said commissioners in consequence of the abolition of the said offices as aforesaid, it is expedient to authorize the execution of any of their duties by two commissioners only, even when such commissioners shall be six or more in number: Be it further enacted, that from and and repealed. after the passing of this Act the said last-recited Act shall be and the same is hereby repealed; and that from thenceforth it shall be lawful for any two or more commissioners for executing the office of lord high admiral aforesaid, and they are hereby empowered, to exercise and execute all powers, authorities, and duties, and to perform and do all acts, matters, and things appertaining to their office, which by any Act or Acts of Parliament are authorized or required to be executed or done by three or more of them, or by the commissioners of the navy and victualling respectively; and all such authorities, duties, matters, and things executed and performed by two or more of the said commissioners of the Admiralty shall be valid and effectual to all intents and purposes. VII. AND be it further enacted, that in all deeds, conveyances, leases, contracts, and other instruments touching any estate, property, matter, or thing relating to the naval service, or to any department under the controul of the commissioners for executing the office of lord high admiral aforesaid, or whereto they or any of them shall be parties, it shall be sufficient to describe them generally by the style and title of "The Commissioners for executing "the Office of Lord High Admiral of the United Kingdom of Great Britain "and Ireland," without expressing their names; and that all such deeds, Two commissioners of the Admiralty may execute all powers. Style and title missioners. of the com conveyances, leases, contracts, and other instruments wherein the said commissioners shall be so described, and the execution thereof by any two of them, shall be as valid and effectual to all intents and purposes as if they or any of them had been expressly named therein. Trustees and parish officers in vestry assembled shall let portions of poor allotments to industrious cottagers. Land to be CHAPTER XLII. AN ACT to authorize (in Parishes inclosed under any Act of Parliament) WHEREAS in parishes inclosed under Acts of Parliament there are in many cases allotments made for the benefit of the poor, chiefly with a view to fuel, which are now comparatively useless and unproductive: And whereas it would tend much to the welfare and happiness of the poor if those allotments could be let at a fair rent, and in small portions, to industrious cottagers of good character, while the distribution of fuel might be augmented by appropriating the said rents to the purchase of an additional quantity: Be it therefore enacted by the King'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, that it shall and may be lawful for the trustees of the said allotments, together with the churchwardens and overseers of the poor in parish vestry assembled, and they are hereby required, to let portions of any such allotment, not less than one fourth of a statute acre [Rep., 36 & 37 Vict. c. 19. s. 10.7, and not exceeding one such acre, to any one individual, according to their discretion, as a yearly occupation from Michaelmas to Michaelmas, (and at such rent as land of the same quality is usually let for in the said parish,) to such industrious cottagers of good character, being day labourers or journeymen legally settled in the said parish, and dwelling within or near its bounds, as shall apply for the same in the manner herein-after mentioned. II. PROVIDED also, and be it further enacted, that the person hiring the same duly cultivated. shall be held bound to cultivate it in such a manner as shall preserve the land in a due state of fertility. Vestry to be held annually to receive applications. III. AND be it further enacted, that for the purpose of carrying this Act into effect a vestry shall be held in the first week in September in every year, of which ten days notice shall be given in the usual manner, at which vestry the trustees of the said allotments may attend and vote, if they shall so think fit, and at which vestry, or some adjournment thereof, any industrious cottager of good character who may desire to rent such portion of land as aforesaid may apply for the same; and the said vestry are hereby required, taking into consideration the character and circumstances of the applicant, to determine the case, either by rejecting his application, or by making an order that he shall be permitted to occupy such portion of the poor allotment, being not less than one fourth of a statute acre [Rep., 36 & 37 Vict. c. 19. s. 10.7, nor exceeding one such acre, as the said vestry in their discretion shall determine, and upon the terms Order of vestry herein-before enacted; and the said order of vestry shall be held to all intents and purposes to be a sufficient title and authority to such applicant to enter into the occupation of such land at the time therein appointed. to authorize occupation. rent. IV. PROVIDED always, and be it further enacted,, that the rent shall be Payment of reserved and payable to the churchwardens and overseers of the poor, on behalf of the vestry, in one gross sum for the whole year, and shall be paid to one or either of them at the end of the year's occupation. If rent is in arrear, or land V. AND be it further enacted, that if the rent of such portion of land shall at any time be four weeks in arrear, or if at the end of any one year of occu- not duly culpation it shall be the opinion of the vestry that the land has not been duly tivated, tenant cultivated, so as to fulfil the useful and benevolent purposes of this Act, then may be evicted. and in such case the churchwardens and overseers of the poor, or any or either of them, with the consent of the vestry, may serve a notice to quit upon the occupier of such portion of land; whereupon the said occupier shall deliver up possession of the same to the churchwardens and overseers aforesaid, or any or either of them, within one week after the said notice has been duly served upon him. Power to recover posillegally held session of land over, or unlawfully entered VI. AND be it further enacted, that if any person to whom such portion of land as aforesaid shall have been let for his or her own occupation, shall refuse to quit and to deliver up possession thereof when thereto required according to the terms of this Act, or if any other person or persons shall unlawfully enter upon or take or hold possession of any such land, it shall be upon, by sumlawful for the churchwardens and overseers of the poor, or any or either mary process. 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. recovered. VII. AND be it further enacted, that all arrears of rent for the said por- Arrears of rent tions of land shall be recoverable by the churchwardens and overseers of the how to be 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. of rent. VIII. AND be it further enacted, that the rent of the said portions of land Application 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. Allotments may be let to other persons, and lands of equal value hired in exchange, for greater convenience of cottagers. No habitations to be erected IX. AND be it further enacted, that if any of the said allotments shall be found to lie at an inconvenient distance from the residences of the cottagers, it shall be lawful for the vestry by an order made to that effect to let such allotment, or any part thereof, for the best rent that 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. X. 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 on the portions or by the individuals renting the same. let. XI. AND whereas by two Acts of the first and second years of the reign of his present Majesty, intituled "An Act to amend an Act of the fifty-ninth year of his Majesty King George the Third, for the relief and employment "of the poor," and the other intituled "An Act to enable the churchwardens and overseers to inclose lands belonging to the crown, for the benefit of poor persons residing in the parish in which such crown land is situated," power is given, under certain restrictions, to inclose any quantity not exceeding fifty acres of waste land and crown land respectively, for the use and benefit Powers, &c. of 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. this Act shall extend to lands inclosed under 1 & 2 Will. 4. c. 42. and c. 59. CHAPTER XLV. AN Act to amend the Representation of the People in England and Wales.[a] WHEREAS it is expedient to take effectual measures for correcting divers abuses that have long prevailed in the choice of members to serve in the Commons House of Parliament, to deprive many inconsiderable places of the right of returning members, to grant such privilege to large, populous, and wealthy towns, to increase the number of knights of the shire, to extend the elective franchise to many of his Majesty's subjects who have not heretofore enjoyed the same, and to diminish the expense of elections: Be it therefore enacted by the King'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, that each of the boroughs enumerated in the schedule marked (A.) to this Act annexed, (that is to say,) Old Sarum, Newtown, St. Michael's or Midshall, Gatton, Bramber, Bossiney, Dunwich, Ludgershall, St. Mawe's, Beeralston, West Looc, St. Ger [a The clauses and provisions of this Act enacted for the purpose of forming a register of all persons entitled to vote in the election of a knight or knights of the shire to serve in Parliament for any county, or for the riding, parts or division of any county, and for the purpose of forming a register of all persons entitled to vote in the election of a member or members to serve in Parliament for any city or borough in England and Wales, and for the defraying of the expenses to be incurred thereby, and for the appointment and payment of revising barristers, are rep., 6 & 7 Vict. c. 18. s. 1.7 main's, Newport, Blechingley, Aldborough, Camelford, Hindon, East Looe, Corfe Castle, Great Bedwin, Yarmouth, Queenborough, Castle Rising, East Grinstead, Higham Ferrers, Wendover, Weobly, Winchelsea, Tregony, Haslemere, Saltash, Orford, Callington, Newton, Ilchester, Boroughbridge, Stockbridge, New Romney, Hedon, Plympton, Seaford, Heytesbury, Steyning, Whitchurch, Wootton Bassett, Downton, Fowey, Milborne Port, Aldeburgh, Minehead, Bishop's Castle, Okehampton, Appleby, Lostwithiel, Brackley, and Amersham, shall from and after the end of this present Parliament cease to return any member or members to serve in Parliament. to return one II. AND be it enacted, that each of the boroughs enumerated in the schedule Boroughs in marked (B.) to this Act annexed, (that is to say,) Petersfield, Ashburton, Eye, schedule (B.) Westbury, Wareham, Midhurst, Woodstock, Wilton, Malmesbury, Liskeard, member only. Reigate, Hythe, Droitwich, Lyme Regis, Launceston, Shaftesbury, Thirsk, Christchurch, Horsham, Great Grimsby, Calne, Arundel, St. Ives, Rye, Clitheroe, Morpeth, Helston, North Allerton, Wallingford, and Dartmouth, shall from and after the end of this present Parliament return one member and no more to serve in Parliament. New boroughs in schedule members. Boundaries of such boroughs. III. AND be it enacted, that each of the places named in the schedule marked (C.) to this Act annexed, (that is to say,) Manchester, Birmingham, (C.) hereafter Leeds, Greenwich, Sheffield, Sunderland, Devonport, Wolverhampton, Tower to return two Hamlets, Finsbury, Mary-le-bone, Lambeth, Bolton, Bradford, Blackburn, Brighton, Halifax, Macclesfield, Oldham, Stockport, Stoke-upon-Trent, and Stroud, shall for the purposes of this Act be a borough, and shall as such borough include the place or places respectively which shall be comprehended within the boundaries of such borough, as such boundaries shall be settled and described by an Act to be passed for that purpose in this present Parliament, which Act, when passed, shall be deemed and taken to be part of this Act as fully and effectually as if the same were incorporated herewith; and that each of the said boroughs named in the said schedule (C.) shall from and after the end of this present Parliament return two members to serve in Parliament. in schedule member. IV. AND be it enacted, that each of the places named in the schedule New boroughs marked (D.) to this Act annexed, (that is to say,) Ashton-under-Lyne, Bury, (D.) hereafter Chatham, Cheltenham, Dudley, Frome, Gateshead, Huddersfield, Kiddermin- to return one ster, Kendal, Rochdale, Salford, South Shields, Tynemouth, Wakefield, Walsall, Warrington, Whitby, Whitehaven, and Merthyr Tydvil, shall for the purposes of this Act be a borough, and shall as such borough include the place or places Boundaries of respectively which shall be comprehended within the boundaries of such such boroughs. borough, as such boundaries shall be settled and described by an Act to be passed for that purpose in this present Parliament, which Act, when passed, shall be deemed and taken to be part of this Act as fully and effectually as if the same were incorporated herewith; and that each of the said boroughs named in the said schedule (D.) shall from and after the end of this present Parliament return one member to serve in Parliament. of Shoreham, V. AND be it enacted, that the borough of New Shoreham shall for the The boroughs purposes of this Act include the whole of the rape of Bramber in the county Cricklade, of Sussex, save and except such parts of the said rape as shall be included in Aylesbury, the borough of Horsham by an Act to be passed for that purpose in this a Fast Retpresent Parliament; and that the borough of Cricklade shall for the purposes include cer ford shall |