3. Expenses of solely and absolutely entitled to the rights of common of pasture, or other building, &c., commonable rights to which any such lands or tenements shall be subhow defrayed. ject; and that the monies for which any such commonable rights shall be purchased shall be paid to such churchwardens, whose receipts shall be an effectual discharge for the same; and the same monies shall be applied by such churchwardens to such general and public purposes within the parish where the lands or tenements so purchased shall be situate as a vestry of such parish, to be convened by such churchwardens, shall direct." 5 Geo. 4, c. 85. Notices to be deli who is to be deened the person interested. Sect. 19. "For the purpose of receiving the notice required by the said vered to occupier, recited act to be given to persons interested in houses, buildings, lands, tenements, hereditaments, easements, or privileges, contiguous to any gaol or house of correction, and deemed necessary for the purposes of enlarging the same, or rendering it more commodious, the occupier of such houses, buildings, lands, tenements, hereditaments, easements, or privi leges shall be deemed the person interested therein; and that every such occupier, upon receiving any such notice, shall forthwith transmit or deliver the same to any other person interested, under whom he may hold the houses, buildings, lands, tenements, hereditaments, easements, or privileges so deemed necessary.” Justices enabled to borrow money on mortgage of rate to pay off securities. 6 Geo. 4, c. 40, reciting 4 Geo. 4, c. 64, ss. 54, 55; 5 Geo. 4, c. 85, s. 20; 48 Geo, 3, c. 96, s. 8. Sect. 20, reciting, "That by stat. 4 Geo. IV, c. 64, s.54, and by stat. 5 Geo. IV. c. 12," (see post, 361), "the justices of the peace in quarter sessions assembled have, in certain cases, authority to borrow on mortgage of the rate of the county, riding, division, district, city, town, or place, money for the purpose of building, rebuilding, repairing, or enlarging the gal or house of correction, and to charge the said rate with such sum as shall ensure the payment of the whole sum borrowed, with interest, within fourteen years; and whereas, for the purpose of facilitating the reduction of the rate of interest, it may be expedient that the county, riding, division, district, city, town, or place should have power to borrow in like manner, on mortgage of its rate, a further sum for the purpose of paying off the principal sum so borrowed and secured as aforesaid;" it is enacted, "That whenever it shall appear to the justices assembled at any general or quarter sessions to be holden for any county, riding, division, district, city, town, or place, having contracted a debt under the said recited acts, that advantage may arise from paying off the same, and borrowing at a lower rate of interest, it shall be lawful for the justices so assembled to borrow on mortgage of such rate, by instrument in the form directed by the said first-recited act, any sum or sums of money not exceeding in the whole the principal sum of money that may then be outstanding on the securities so theretofore granted, and therewith to discharge the whole or any part of the money for which such securities shall have been given: provided always, that it shall not be lawful to use or apply any portion of the money to be borrowed under this provision for any purpose than the payment and discharge of the whole or part of the principal sum then due on the securities granted under the said recited acts; pro vided also, that the money to be borrowed under this provision shall be borrowed on such terms and under such conditions as shall in no way interfere with or prevent the full payment and discharge of the money borrowed under the provisions of the said recited acts, and so that the rate to be raised in such county, riding, division, district, city, town, or place shall, within fourteen years from the time when the money was originally borrowed under the provisions of the said recited acts, be discharged and released from all securities so made as aforesaid.” other By stat. 6 Geo. IV. c. 40, s. 1, reciting the 4 Geo. IV. c. 64, ss. 54, 55; 5 Geo. IV. c. 85, s. 20, and 48 Geo. III. c. 96, s. 8; and reciting, "That it may be expedient for the purpose of facilitating the reduction of the rate of interest on money borrowed in like manner, but under the provisions of any act or acts other than the said recited acts, or either of them, that the justices of the peace should have power to borrow on mortgage of the said rate any sum or sums of money, not exceeding in the any recit any 6 Geo. 4, c. 40. Justices empowered to borrow gage of county rates, to pay off der recited act. money on mort any mortgage un whole the principal sum of money that may then be outstanding, on 3. Expenses of securities so granted under any such act or acts other than the said building, &c., ed acts, or either of them, and therewith to discharge the whole or how defrayed. part of the money for which such last-mentioned securities shall have been given; and whereas it may enable justices of the peace, when at any time hereafter they shall treat with any person or persons for the loar of any sum or sums of money to be secured as directed by the said recited acts, or either of them, or by any other such act or acts as aforesai, to contract for such loan or loans upon terms more advantageous to the county, riding, division, district, city, town, or place, for which such justices shall be then acting, than at present are likely to be obtained, if such justices have power so as aforesaid to borrow any such sum or sums of money, and therewith to discharge the security or securities held by any person or persons who shall be desirous that such security or securities so held by him, her, or them shall be in whole or in part paid off and discharged;" it is enacted, "That whenever it shall appear to the justices of the peace, assembled at any general or quarter sessions to be holden for any county, riding, division, district, city, town, or place, for which any debt or debts shall have been contracted under the provisions of the said recited acts of the fourth and fifth years of the reign of his present Majesty, or of either of them, or under the provisions of the said recited act of the forty-eighth year of the reign of his late Majesty, or under the provisions of any other act or acts, and which debt or debts shall be then remaining due in whole or in part, that advantage or Convenience may arise to such county, riding, division, or place from paying off the same, or any part thereof, and that whenever any person or persons holding any such security or securities shall wish and desire that the security or securities so held by him, her, or them shall be paid ff and discharged, it shall be lawful for the justices so assembled, if hey shall think fit, to borrow on mortgage of the rate of the county, riding, division, district, city, town, or place, for which such general quarter sessions shall be holden, by instrument in the form directed by the said first recited act, any sum or sums of money not exceeding in the whole the principal sum of money that may then be outstanding on the securities thereto granted, and therewith to pay off and discharge the whole or any part of the money for which such securities shall have been given: provided always, that it shall not be lawful to use or apply any portion of the money to be borrowed under the provisions of this act for any purpose other than the payment and discharge of the whole or part of the principal sum then due, on the securities granted as aforesaid; provided also, that the money to be borrowed under the provisions of this act shall be borrowed on such terms and under such conditions as shall in no way interfere with or prevent the full payment and discharge of the money borrowed under the provisions of this act, or of any other act or acts, within fourteen years from the time or times that the security or securities so to be paid off and discharged with the money borrowed under the provisions of this act shall have been so granted as aforesaid; and so that the rate to be raised in such county, riding, division, district, city, town, or place, shall, within fourteen years of the time when the money was originally borrowed, be discharged and released from all securities which shall have been given for the due discharge of such debt." Sect. 2. "Whenever the justices assembled as aforesaid shall have determined that the whole or any part of the principal sum so outstanding as aforesaid shall be paid off and discharged, they are hereby required to direct that the clerk of the peace shall give notice of such their determination to the person or persons holding such security or securities, as the said justices shall have so determined to be paid off and discharged; and whenever any person or persons shall wish and desire that the security or securities so held by him, her, or them shall be paid off and discharged, such person or persons shall give to the justices Money not to be applied for any other purpose. Rates to be discharged within fourteen years. Justices to give intention to pay off securities. notice of their 4. Gaol contracts by justices in boroughs and counties. 6 Geo. 4, c.40. Delivery of notice deemed sufficient service. Interest to cease on days specified in notice. • Sic. Repeal of 4 Geo. 4, c. 64; exceeding 1001. each. 5 Geo. 4, c. 85. Justices having charge of gaols for cities, &c. justices having charge of county gaols for care of prisoners. so assembled as aforesaid notice in writing of such his, her, or their wish and desire: provided always, that no such security or securities shall be so paid off and discharged until after the expiration of six months from the day on which such notice or notices shall have been so given." Sect. 3. "The delivery of such notice of the clerk of the peace at the house or houses, or at the usual place or places of residence of the person or persons holding such security or securities as shall have been determined as aforesaid to be paid off and discharged, shall be taken and deemed to be a good and sufficient service of such notice." Sect. 4. "All interest payable on any security or securities ordered to be paid off and discharged shall cease and determine on the day specified in such notice or notices, as being the day on which such security or securities is or are to be paid off and discharged: provided always, that every person upon whom such notice of the clerk of the peace shall have been so served as aforesaid, and that every person whose security or securities shall, in conformity to his or her wish and desire, notified as aforesaid, have been ordered to be paid off and discharged, shall be entitled, upon application made at any time after the expiration of the said six months to the treasurer of the county, by himself or herself, or by his or her attorney, to receive the principal sum or sums for which such security or securities shall have been granted, together with all interest due thereon." Sect. 5, reciting that, "Inconvenience and unnecessary expense is occasioned by justices of the peace not being authorized to borrow and take up, on the mortgage of the rate of the county or riding, or of any division of the county, or of the district, city, town, or place, such sum or sums of money as may be required for carrying into effect the provisions of the said recited acts of the fourth and fifth years of the reign of his present Majesty, in sums exceeding 1007. each;" enacts, "That so much of the said recited acts as directs that such sum or sums of money so to be borrowed and taken up shall be borrowed and taken up in sums not exceeding 100%. each, be, and the same is hereby, repealed." IV. Contracts by Justices having Charge of Gaols in Cities, &c., with Justices having Charge of Gaols of Counties, &c. By stat. 5 Geo. IV. c. 85, intituled, "An act for amending an act of the last session of Parliament, relating to the building, repairing, and enlarging of certain gaols and houses of correction; and for procuring infor mation as to the state of all other gaols and houses of correction in England and Wales," [21 June, 1824], reciting the passing of stat. 4 Geo. IV. c. 64, it is enacted, "That it shall be lawful for the justices of the peace, or any two of them, or for other persons having the government or or may contract with dering of any gaol or house of correction in any city, town, borough, port, or liberty, to contract with the justices of the peace having authority or jurisdiction in and over any gaol or house of correction of the county, riding, or division wherein or whereto such city, town, borough, port, or liberty is situate or adjacent, or with any two of them, for the support and maintenance, in such last-mentioned gaol or house of correction, of any prisoners committed thereto from such city, town, borough, port, or liberty; provided that no such contract be entered into by any justices of the peace of any county, riding, or divi sion, without an order for that purpose being made at some general or quarter sessions, or gaol sessions, having jurisdiction in that behalf, nor by the justices or other persons having the government of the prison of any such city, town, borough, port, or liberty, without an order for that purpose being made at the sessions thereof; and every such con No contract entered into without an order of the quarter sessions. tract may either be perpetual, or limited to a certain term of years, as the parties shall mutually agree; and during the existence of such contract, every prisoner who would otherwise be confined in the gaol or house of correction of the city, town, borough, port, or liberty so contracting, may be lawfully committed or removed to and confined in the gaol or house of correction so receiving him or her under such contract; and all prisoners so confined by contract, whether before or after trial, shall be subject in all matters and things to the same rules and regulations, as if they were committed thereto by any of the justices of the county, riding, or division; and, if committed before trial, shall be triable and tried in the same manner as if their offences had been committed in a part of the county, riding, or division not within the city, town, borough, port, or liberty from whence such prisoners shall come; save only, that if the gaol or house of correction, so receiving under contract a prisoner committed for trial, shall be situate within two miles of the usual place of trial of the city, town, borough, port, or liberty wherein the offence charged against such prisoner shall be alleged to have been committed, it shall be lawful to try such prisoner in the manner heretofore accustomed, and for the magistrates or other proper officer of such city, town, borough, port, or liberty to direct the removal of such prisoner for trial, and to do all other acts necessary for such trial or consequent thereon." contract, how raised. In case of dispute, to be settled by arbitration. Sect. 2. "The monies to be paid under any such contract as aforesaid Expenses under shall be raised in the same manner as monies for defraying the expenses of the gaol or house of correction for which a substitute shall be provided under such contract; and where such expenses are not wholly defrayed from the same fund, and there shall arise a difference of opinion between the parties interested in the several funds applicable to the several purposes of the prison, as to the proportion in which those funds respectively shall contribute to the sum to be paid to the county, riding, or division, for the use of its prison, and such difference shall not be adjusted by agreement between themselves, it shall be lawful for either of such parties to apply to the justices of assize of the last preceding circuit, or of the next succeeding circuit, or to one of such justices, who shall, by writing under their or his hands or hand, nominate a barrister at law, not having any interest in the question, to arbitrate between the parties; and such arbitrator may, if he shall see fit, adjourn the hear- Powers of arbiing from time to time, and require all such further information to be trator. afforded by either of the parties, as shall appear to him meet and necessary; and shall, by his award in writing, determine the proportions How far, during contract, city, &c. contracting not liable to provide a prison. in which such parties shall contribute towards the said expenses; and Award final. his award shall be final and conclusive between the parties; and such Costs. arbitrator shall also assess the costs of the arbitration, and shall direct by whom, and out of what fund, the same shall he paid." Sect. 3. "During the existence of any such contract, if it shall extend to the whole of the prisoners who would otherwise be confined in the gaol or house of correction of the city, town, borough, port, or liberty so contracting, such city, town, borough, port, or liberty shall not be liable to indictment or impeachment for the non-repair of its gaol or house of correction, respectively; and if such contract shall extend to only a certain class or classes of its prisoners, such city, town, borough, port, or liberty shall not be liable to provide the accommodation required to be otherwise provided for the same class or classes of prisoners by the said recited act, or by any other act now in force." Sect. 4. "If it shall seem fit to the magistrates or superintending officers of any city, town, borough, port, or liberty, that, instead of altering or building any gaol or house of correction for their separate use, or contracting under the provisions aforesaid, it would be more advisable to raise a sum or sums of money in aid of building a new, or of enlarging a county prison, it shall be lawful for them to agree with the justices of the peace, having authority or jurisdiction in and over any Magistrates, &c. empowered to rebuilding gaols, &c., in case it should appear more advisable than altering borrow money for old ones. 4. Gaol contracts by justices in boroughs and counties. 5 Geo. 4, c. 85. How monies raised for building gaols, &c. Money borrowed for rebuilding gaols, &c. to be repaid to such city, &c. advaneing the same. Magistrates to report to secretary of state as to contracts with counties for use of prisons. Copy of regula tions of prisons, made, as in schedule annexed, to secretary of state. gaol or house of correction of the county, riding, or division wherein or whereto such city, town, borough, port, or liberty is situate or adjacent, or with any two of them, for the payment to such justices, having such authority as aforesaid, of any sum or sums of money to be by them applied in or towards the altering, enlarging, building, rebuilding, repairing, or improving such gaol or house of correction of the county, riding, or division aforesaid; provided that no such agreement be entered into by any justices of the peace for any county, riding, or division, without an order for that purpose being made at some general or quarter sessions, or gaol sessions, having jurisdiction in that behalf." (See the 5 Geo. IV. c. 12, post, 361). Sect. 5. "All monies to be paid under any such agreement as last mentioned shall be raised in the same manner, and subject to the same conditions, as is directed in respect of monies to be raised for the building or rebuilding, repairing or enlarging, any gaol or house of correction under the provisions of this act.” Sect. 6. "It shall be lawful for such justices of the peace of any such county, riding, or division entering into any such agreement as last aforesaid, to stipulate in the same (if they shall see fit so to do) that it shall be lawful for such county, riding, or division, at such time or times as shall be in that behalf provided in such agreement, to repay to the said city, town, borough, port, or liberty, the sum or sums of money which shall have been so paid or advanced in or towards the altering, enlarging, building, rebuilding, repairing, or improving such gaol or house of correction of the county, riding, or division aforesaid." Sect. 7. "The chief magistrate of every city, town, borough, port, or liberty, now having a gaol or house of correction in England and Wales, shall, in the month of October, [1824], report to one of his Majesty's principal secretaries of state, whether any contract has been made with the county, riding, or division, for the use of its prisons, or any of them, by such city, town, borough, port, or liberty, and to what classes of prisoners such contract, if any, shall extend; and if there be no such contract, whether any steps have been taken towards such contract; and if so, in what state the treaty is, and what obstacles there are to its completion; and the chief magistrate of every such city, town, borough, and a return to be port, or liberty, where no such contract shall be in existence, shall, in the same month of October, transmit to one of his Majesty's principal secretaries of state a copy of all such rules and regulations as shall be then in force, for the government of every such prison, and a return in the form of the schedule to this act annexed, marked (A.), and a statement of the establishment of officers and servants employed therein, specifying the number and description of such officers and servants, the salaries and emoluments of each, and by whom such officers and servants are respectively appointed, and a plan of every such prison, drawn upon a scale of one-sixteenth of an inch to a foot; and the said copies and plans shall be carefully preserved in the office of such secretary of state; and such magistrate shall, in every subsequent month of October, until such a contract shall be entered into, transmit to such secretary of state a return in the form of the said schedule, and a copy of all additions to such rules and regulations, or alterations, made therein, and a statement of any increase or diminution in such establishment of officers and servants, or in their respective salaries and emoluments, together with plans, on the scale above-mentioned, of any additions to the buildings of such prison, or alterations made in the construction thereof, during the preceding year." Contracts between corporations and By sect. 15, ante, 355, nothing in the 4 Geo. IV. c. 64, or in that act, shall oblige any city, &c. to provide in its gaol or house of correction accommodation for any class of prisoners who could not be lawfully committed to such prison before the passing of the 4 Geo. IV. c. 64. By the 5 & 6 Will. IV. c. 76, s. 115, the council of any borough are empowered to contract with any person having charge of the gaol of any |