proportion to the share of expenses to be charged and assessed upon the county for which they shall act, but so that a number less than seven shall in no case be appointed for any county so united, and the number of the committee of subscribers to any lunatic asylum, uniting with any county as aforesaid, shall be in such proportion as shall have been specified in the agreement entered into between such county or counties, and the subscribers to such lunatic asylum."

Sect. 9. "If the justices or subscribers as aforesaid shall in any year neglect or omit to make such election, or to fill up any vacancy which may have occurred as aforesaid, then the committee of visitors before appointed, or such of them as shall continue to act, shall be deemed and taken to be the legal committee of visitors for the providing, building, erection, and management of such county lunatic asylum, until such election as aforesaid shall have been made, or such vacancy shall have been filled up."

2. County asylums for.

9 Geo. 4, c. 40.

If appointment not made, visitors shall be deemed the committee.

continuing to act

and surveyor;

Contracts to be entered in a book.

Sect. 10. "The said visitors so nominated and appointed are hereby Empowering visiauthorized and required, within three calendar months after such nomi- tors to act; nation and appointment as aforesaid, to meet and assemble at such place as shall appear most convenient for that purpose, (due notice thereof being previously given to such visitors by the clerk or clerks of the peace of such county or counties respectively); and that the said visitors may adjourn the said meeting from time to time, or from place to place, and meet as often as they shall think necessary; and the said to appoint clerk visitors, or the major part of them, are hereby authorized at their said meetings to appoint a clerk and a surveyor for duly exercising the powers of this act, and from time to time to receive plans and estimates, and subject as hereinafter mentioned, to contract for the purchase of to contract for lands and buildings, and for building, erecting, altering, furnishing, and purchase of lands. completing such county lunatic asylum, and the yards, courts, and outlets thereto belonging; and every such contractor shall give sufficient security for the due performance of his contract to the clerk to such visitors; and all contracts, when made, and all orders relating thereto, shall be entered in a book to be kept by the clerk to such visitors; and when such county lunatic asylum shall be declared to be completed, then such book shall be deposited and kept among the records of such county sole, or of such of the counties so united for the purposes of this act as shall have paid the largest quota or proportion of the expenses of providing such county lunatic asylum, to be inspected at all reasonable times by any persons contributing to the county rates of such county or counties respectively, or by any such voluntary subscribers as aforesaid; and all buildings or land so to be contracted for and purchased shall be conveyed to such person or persons as the visitors shall think fit, in trust for the uses and purposes of this act; and the said visitors shall, from time to time, make their report to the general quarter sessions of the peace of such county or counties respectively, of the several plans, estimates, and contracts which shall have been made and entered into in manner aforesaid, and also a report of the sum or sums of money necessary to be raised and levied on such county sole as the expense, or on each of such united counties as the quota or proportion of the expense, to be incurred in the several accounts as aforesaid."

Sect. 11 provided, “That no visitor who shall, under the authority of this act, do any matter or thing in the execution hereof, shall be capable of having any beneficial interest or concern whatsoever, either in his own name or in the name of any other person in trust for him, in any contract or agreement to be made under the authority of this act, or shall, for any design or plan he may deliver or produce, receive any benefit or emolument whatever."

Visitors not to be concerned in the

contracts.

rates to detray necessary expenses.

Sect. 12 enacts, "In order to defray the necessary expenses for the Justices to make execution of this act, That the justices of the peace, at their general or quarter sessions, may and shall assess and tax a special county rate or

rates on all places liable to contribute to the county rate, which said special county rate shall be collected, levied, and recovered in like manner, and by such ways and means, and under such penalties, as any r dinary county rate may by law be collected, levied, and recovered."

Sect. 13. "And whereas the expenses of carrying this act into exec?tion may, in some cases, become very burthensome on the occupiers of land, and others the contributors to the county rates, in case the said expenses shall be raised in the manner herein mentioned;" it is enacted, That, when it shall appear in the report of such visitors that the charge and costs of carrying this act into execution will exceed one half of the amount of the ordinary annual assessment for the county rate for any county, (such ordinary assessment to be taken on a mean proportion of the said rate of the last five years preceding that), then and in that case it shall and may be lawful for the justices of the peace, within the respective limits of their commission, so assembled in their quarter sions as aforesaid, from time to time to borrow and take upon mortrage of the rates herein mentioned, by instruments in the form contained in the schedule hereunto annexed, (No. 2), or to that or the like effect any sum not less than 50%. each, at legal or lower interest, as to them, or the major part of them, (such major part not being less than fr shall seem necessary and expedient for the purposes aforesaid, and a secure all and every such sum and sums of money so borrowed upon the credit of the rates to be raised upon such county respectively; and the said justices so assembled as aforesaid are hereby authorized to treat and agree with any person or persons for the loan of any such sum or sams of money, and by their order to confirm and establish every such a ment as aforesaid; and every such agreement so established by such order, and signed by the chairman and two or more justice pr the time of making such order, shall be, and the same is hereby decad to be effectual for securing to the person or persons so advancing any sum or sums of money, his or their executors, administrators, and SSTA all and every such sum or sums of money, with interest for the same d such terms as in and by such agreement respectively shall be fer purpose stipulated; and the said securities shall be numbered in of succession in which they shall be granted, and copies or ext all such agreements or securities shall be kept with the clerke peace, or other proper officer having the custody of the records at 24 quarter sessions of such county respectively; and all and every pest and persons to whom any such security or securities shall be made, who shall be entitled to the money thereby secured, is and are be empowered (by indorsing his, her, or their name or names on the of such security or securities) to transfer and assign the same, and a her, or their right to the principal money and interest thereby sec unto any person or persons, and every such assignee may, in like ner, transfer the same again, and so toties quoties; and the perss! persons to whom such security or securities, or any such as thereof, shall be made, and his or their respective executors, admas tors, and assigns, shall be creditors upon the said rates in an equal se one with another, and shall not have any preference with respect a priority of any monies so advanced."

Sect 14. "The said justices are hereby authorized and required only to charge the rates to be raised upon such county with the in of the money so borrowed on such securities, but also with the pay of a further sum, equal at least with the sum so charged for the is of such securities, which said sum shall be paid and applied, und direction of the said justices, in discharge of the interest, and * many of the principal sums on the said securities as such money *extend to discharge in each year, until the whole of the money which such securities shall be made, and the interest thereof, shal fully paid and discharged; and the said justices are required to fix s

2. County asylums for.

A person to be ap

pointed to keep the accounts, and justices at Michael

deliver same to

mas sessions, who are to inspect

them.

or more days in each year on which such payment shall be made, and shall make orders for assessments in due time, so as to provide for the regular payment thereof; and they are hereby required to appoint a proper person to keep an exact and regular account of all the receipts and payments under the authority of this act, in a book or books separate and apart from all other accounts, and the same to adjust and settle, in such manner that it may easily be seen what interest is growing, and what principal money has been discharged, and what remains due; and the said book or books, so adjusted and settled, to deliver into Court at every general annual Michaelmas quarter sessions to be held for any such county, or at such other period of the year in any county in which general annual sessions shall be held; and the said justices are hereby required, at every such sessions, carefully to inspect all such accounts, and to make orders for carrying the several purposes of this act into execution, in such manner as to them shall seem meet; and if, Penalty on such at any time, it shall appear to the said justices that the person so appointed has neglected the said order, and has not duly applied the money in his hands to the purposes hereby directed, such person shall forfeit double the amount of the money which shall not have been applied for the purposes of this act, to be recovered by distress and sale of the offender's goods and chattels, by warrant under the hands and seals of such justices; and the said penalty, after the charges of recovering the same, shall be paid to the treasurer of such county lunatic asylum, to be applied to the use of the same; and the said justices, on For discharging a day and hour to be fixed at some general quarter sessions of the peace to be holden for such county, (of which fourteen days' public notice shall be given as aforesaid), shall, in open Court, cause all the said several securities to be drawn by lot, and numbered for payment according to the event of such drawing, and the securities so drawn and numbered shall be regularly discharged in succession, according to the priority of such drawn number."

Sect. 15 provided, "That it shall be lawful for the said justices of the peace, at their said general or quarter sessions, if they shall unanimously agree so to do, to direct that every tenant at rack rent paying such rent aforesaid may deduct and detain, out of the rent payable to his or her landlord or landlords for the premises in respect of which such rent is payable, one half part of the full amount of such rate; and every tenant at rack rent, having paid such rate in manner as aforesaid, shall be and is hereby acquitted and discharged of and from the payment of so much money as such half part shall amount to, as fully and effectually as if the same had been actually paid to any such landlord or landlords in part of the rent due from such tenant."

Sect. 16 provided, "That the justices of the peace in their respective quarter sessions shall and they are hereby required to make provisions, by means of the rates, (which they are hereby authorized to make), and by their orders and directions, (which they are hereby authorized to give), in such manner that the whole money to be borrowed under the authority of this act shall be fully paid and discharged within a time to be limited, not exceeding fourteen years from the time of borrowing the same." ""

person for neglect,

securities.

Justices at sessions may direct tenants duct one half of the rates from

at rack rent to de

their rent.

Justices to make provision for payrowed within a limited time.

ing money bor

may convey lands.

Sect. 17. "It shall and may be lawful for the king's most excellent Bodies politic, Majesty, his heirs and successors, and for all bodies politic and corporate, guardians, &c., and also for guardians, committees, husbands, trustees, and attornies of any person or persons, being infants, lunatics, idiots, under coverture or any other disability, and also for all other persons who are or shall be seized, possessed of, or interested in any houses, buildings, lands, tenements, hereditaments, easements, and privileges which shall be deemed necessary for the purposes of this act, to contract and agree for, and to sell, convey, and assure such houses, buildings, lands, tenements, hereditaments, easements, and privileges, unto such person or persons

2. County asy lums for.

9 Geo. 4, c. 40.

Application of

for purchase of land, &c.

as shall be named by the visitors, in trust and for the purpose of erecting or providing such county lunatic asylum, and the yards, courts, and outlets thereunto belonging; and all such contracts, agreements, sales, conveyances, and assurances, shall be valid and effectual in law to all intents and purposes whatsoever; any law, statute, usage, or custom to the contrary notwithstanding."

Sect. 18. "All sums of money which shall be agreed to be paid to money to be paid any corporation, guardian, committee, husband, trustee, or attorney, for or on behalf of any infants, lunatics, idiots, femes covert, or cestui que trusts, or to any other person or persons whose houses, buildings, lands, tenements, hereditaments, easements, and privileges, shall be limited in settlement, for the purchase of any such lands, tenements, and hereditaments, shall, in case such sums of money shall exceed the sum of 100%, be laid out by such corporations, guardians, committees, husbands, trustees, attornies, or any person or persons seised or possessed of such houses, buildings, lands, tenements, hereditaments, easements, or privileges so limited in settlement, as soon as conveniently may be, in the purchase of lands, tenements, and hereditaments in fee simple, to be conveyed to or to the use of such corporations, guardians, committees, husbands, trustees, or attornies, and to and for such person or persons, and for such estate or estates, and to, for, and upon, and subject to such uses, limitations, remainders, and contingencies, as the houses, buildings, lands, tenements, hereditaments, easements, or privileges, for or in respect whereof such purchase-money shall be paid as aforesaid, shall be limited, settled, and assured at the time such purchase or contract shall be made in manner aforesaid, or such as shall then be capable of taking effect, the charges of such conveyances and settlements to be paid in the same manner as the other expenses relating to the county lunatic asylum; and in the mean time, and until such purchase or purchases shail be made, such money, whether the same shall or shall not exceed the sum of 1007., shall be laid out by such corporations, or other persons for the time being interested therein, in some government securities, in the names of two persons, one to be nominated by the party or paries for the time being interested therein, and the other by the visitors aforesaid; and the interest arising from such securities shall be paid to such person or persons respectively as would have been entitled to the rents and profits of such lands, tenements, hereditaments, easements, and privileges, in case the same had not been sold, or would for the time being be entitled to the rents and profits of such lands, tenements, and hereditaments so to be purchased, in case the same were purchased and settled as aforesaid."

In case of not

making out title,
not be found, pur-
chase-money to be
paid into the
Bank.

or if persons can

Sect. 19. "In case the body or person to whom any sum of money shall be contracted to be paid for the purchase of any lands, tenements, or hereditaments, for the purposes of this act, shall not be able to make a good title to the premises, to the satisfaction of the said visitors, or shall refuse to execute a conveyance or assignment thereof, or in case the person to whom any sum or sums of money shall be so contracted to be paid as aforesaid cannot be found, or be not known or discovered, then it shall be lawful for the said visitors to pay the said sum of money into the Bank of England, in the name and with the privity of the Accountant-General of the Court of Exchequer, to be placed to his account to the credit of the party, if known, who shall be interested in the said lands, tenements, or hereditaments, (describing such tenements or hereditaments), but if not known, then to the credit of the said visitors, subject to the order, control, or disposition of the said Court of Exchequer; which said Court, on the application of any body or person making claim to any such sum of money, or any part thereof, by motion or petition, shall be and the same is hereby empowered, in a summary way of proceeding or otherwise, as to the same Court shall seem meet, to order the same to be laid out and invested in the public funds, or to order distri

bution thereof, on payment of the dividends thereof, according to the 2. County asyrespective estate or estates, title, or interest of the body or person maklums for. ing claim thereunto, and to make such other order in the premises as to 9 Geo. 4, c. 40. the said Court shall seem just and reasonable; and the cashier or cashiers of the Bank of England who shall receive such sum of money is and are hereby required to give a receipt for such sum of money, specifying for what the same is received, to such person as shall pay any such sum of money, into the bank as aforesaid."

Sect. 20. "If any body or person seised or possessed of or interested in any lands, tenements, or hereditaments, or share or shares, estate or estates, interest or interests therein, or charge or charges thereon, as aforesaid, cannot be found, or shall not be known, or shall not be able to make a good title to the premises to the satisfaction of the said visitors, or shall refuse to execute a conveyance or conveyances thereof, then and in any of such cases, upon payment of such sum of money as shall have been contracted and agreed to be paid for the purchase of the same premises into the Bank of England, as herein before directed, (in case the same shall be requisite), for the use of such person so interested or entitled as aforesaid, such tenements or hereditaments, or parts, shares, estates, interest, or charges, and the fee simple and inheritance thereof, together with the yearly profits thereof, and all the estate, right, title, interest, use, trust, property, claim, and demand, in law and equity, of the body or person, or unknown person, to whose credit such money shall be paid, in, to, and out of the tenements, hereditaments, and premises to be purchased as aforesaid, shall from thenceforth vest in the clerk of the peace for the time being, and his successors in office, of the county in which such lands, tenements, and hereditaments shall be situated, who shall be deemed in law to be in the actual seisin and possession thereof, to all intents and purposes, freed and discharged from all former and other estates, rights, titles, and interests, claims and demands, as fully and effectually as if every body or person having any estate in the premises had actually conveyed the same by lease and release, bargain and sale enrolled, feoffment with livery of seisin, fine, common recovery, or any other conveyance or assurance whatsoever; and such payment shall not only bar all right, title, interest, claim, and demand of the body or person, or unknown person, of, in, or to the same premises, to whose credit such payment or tender shall have been made, but also shall extend to bar the dower and dowers of the wife of such person, and all estates tail and other estates in possession, reversion, remainder, expectancy, or contingency, and the issue and issues of such person, and every other person whomsoever; and the same premises shall and may be thereupon made use of and employed for the purposes of this act, according to the directions of the said visitors, and under the regulations of this act."

Sect. 21 provided, "Where any question shall arise touching the title of any body or person to any money to be paid into the Bank of England in pursuance of this act, for the purchase of any houses, buildings, lands, tenements, or hereditaments, or part thereof, or of any estate, right, title, charge, or interest in, to or upon any tenements or hereditaments to be purchased or taken in pursuance of this act, or to any bank annuities to be purchased with any such money, or to the dividends or interest thereof, the body or person who shall have been in the possession of such houses, buildings, lands, tenements, or hereditaments, parts, shares, estates, interests, or charges, at the time of such purchase, and all bodies or persons claiming under such body or person, or under the possession of such body or person, shall be deemed and taken to have been lawfully entitled to such houses, buildings, lands, tenements, and hereditaments, parts, shares, estates, interests, or charges, according to such possession, until the contrary shall be shewn to the satisfaction of the said Court of Exchequer; and the dividends or interest of and the capital of the bank annuities to be purchased with such VOL. III.

4 L

If person entitled to lands, &c., cannot be found, or refuse to execute thereof upon payment or money such lands, &c., to vest in clerk of freed of all claims.

a conveyance

into the Bank,

peace of county,

Persons in possestled, unless the contrary be shewn.

sion deemed enti