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journment thereof; and notice of such appeal shall in each case be given in writing to the commissioner or commissioners seven days at least before the day on which such sessions respectively shall be holden: provided always, that in the event of the decision upon any such appeal being in favour of the appellant, it shall be lawful for any party who shall have consented to such agreement for inclosure as aforesaid, to withdraw his consent from such agreement, by giving notice in writing to that effect to the commissioner or commissioners at any time within twenty-one days after the day on which the decision upon such appeal as aforesaid shall have been given; and if by reason of such withdrawal of consent, the proportion of two thirds in number and value of consenting parties shall not remain, the said agreement for inclosure shall thenceforth cease and determine.

And by sect. 14, if any of the parties interested in the premises shall have any objection or objections to any of the accounts or claims which shall be delivered to the said commissioner or commissioners, by virtue of the said recited act or of this act, such objection or objections shall be reduced into writing, and two parts thereof shall be signed by the party or parties making the same, or by some person or persons on his, her, or their behalf; and one part thereof shall be delivered to the party or parties whose claim or account shall be objected to, or to his, her, or their agents, or left at his, her, or their last and most usual place or places of abode, at such time or times as the said commissioner or commissioners shall appoint for that purpose.

Since 3 & 4 V. c. 31 (which by sect. 5 is to be construed as one act with 6 & 7 W. IV. c. 115), awards made in pursuance of either act are, immediately on execution, conclusive evidence that these provisions have been complied with, and that all necessary consents have been given. Such awards are sufficient evidence to establish the title under the inclosure of parties interested in it. Proviso, that if any such party takes possession of, or proceeds to inclose or cultivate any allotment, or lands given in exchange, which have been awarded to him, he shall be taken to have waived his right of appeal (u).

Commissioners of inclosure may, now, not only set out and determine, but straighten, the boundaries of parishes, manors, hamlets, or districts, to be inclosed whenever the lands thereof are, or are reported to be, intermixed with the lands of any other parish, &c. (v),

(u) Sect. 1.

(v) Sect. 2.

and may declare by their award the parish to which any land cut off by straightening the boundaries shall be annexed (w).

Further Appeal.]—All provisions of 41 G. III. c. 109, and 1 G. IV. c. 23, which are applicable to the object of 6 & 7 W. IV. c. 115, are to be in full force for carrying into effect the allotments, &c. &c. as if they had been made part of the latter act (x).

And by sect. 53, persons who think themselves aggrieved by anything done by virtue of this act, or the recited act (y), except in cases where the things so done are herein, or by 41 G. III. c. 109, declared to be final, binding, and conclusive, may appeal to the general quarter sessions of the peace, which shall be held in and for the county, &c. within which the lands or the greater part thereof in respect of which the matter of complaint may arise, shall be situated, or any adjournment thereof, within six calendar months next after the cause of complaint shall have arisen, first giving or causing to be given twenty-eight days' notice thereof in writing to the said commissioner or commissioners, or one of them, or to the parties intending to be appealed against; and the justices, at their said quarter sessions, or any adjournment thereof, are hereby authorized and required to hear and determine the matter of every such appeal, and shall also hear and determine any appeal against the sum agreed to be paid to any commissioner or surveyor, or against the adoption of any plan, map, admeasurement, or valuation, or against any rules, conditions, and principles which may have been agreed upon in manner aforesaid, for the guidance of the commissioner or commissioners, or umpire, in making allotments; and shall also hear and determine all objections (if any) which may have been made in manner aforesaid, to any inclosure without the assistance of commissioners, (viz. under sect. 40,) on consent of seven eighths in number and value, or to the nature or amount of the compensation which may have been offered, or to the manner in which the same may have been proposed to be secured, or on account of there not having been any compensation offered, and to make such order in every such case respectively, and to award such costs as to them in their discretion shall seem meet, and by their warrant to levy the costs awarded, by distress and sale of the goods and chattels of the parties respectively adjudged to pay the same, rendering the overplus (if any) to the respective owners of such goods and chattels, after deducting the reasonable charges of such distress and sale; and every determination of the said justices shall be final (w) Sect. 3. (y) Sic in the act.

(x) 6 & 7 W. IV. c. 115, s. 52.

and conclusive on all parties concerned, and no such complaint, appeal, or proceeding shall be removed or removable by certiorari, or any other writ or proceeding whatsoever: but in case such appeal shall appear to the said justices to be frivolous, vexatious, or without foundation, then the said justices shall award such costs to be paid by the appellant or appellants as to them in their discretion shall seem reasonable, and to be levied in manner aforesaid.

SECTION VIII.

LUNATIC ASYLUMS.

METROPOLITAN Commissioners in lunacy have been established for licensing and visiting lunatic asylums in the cities of London and Westminster, the county of Middlesex and the borough of Southwark, and certain parishes in the counties of Surrey, Kent, and Essex, who are to meet on the first Wednesday in the months of November, February, May, and July in every year, in order to receive applications from persons requiring houses to be licensed for the reception of two or more insane persons within their jurisdiction, and (if they shall think fit) to license the same (2).

"In all other parts of England, the justices of the peace assembled in general quarter sessions shall have like authority within their respective counties, except within the jurisdiction of the metropolitan commissioners, to license houses (if they shall think fit) for the reception of two or more insane persons, in the same manner as metropolitan commissioners within their jurisdiction" (a).

"All persons who shall apply, or intend to apply, to have a house licensed for the reception of insane persons, shall give notice to the clerk of the peace fourteen clear days, at least, prior to any general quarter sessions of the peace for the county where he shall apply for a license; which notice shall contain the true christian and surname, and place of abode, of the person applying and intending to keep such house, and in case such person so applying does not propose to reside himself in the licensed house, the christian and surname, and previous occupation of the superintendent who is to reside therein; and such notice, where given for any house which shall not have been previously licensed, shall be accompanied by a plan of every such house, to be drawn upon a scale of not less than one eighth of an inch to a foot, with a description of the situation thereof, and the length, and breadth, and height of, and a reference by a figure or letter to, every room and (a) Sect. 10.

(z) 2 & 3 W. IV. c. 107, s. 8.

apartment therein, and a statement of the greatest number of patients proposed to be received into such house," which notice and plan shall be laid by the clerk of the peace before the justices at such time as they shall take into consideration the application for such license (b).

The license is to be made out by the clerk of the peace according to a form in the schedule of the act, for such time, not exceeding thirteen calendar months, as the justices shall think fit (c); and shall be under the hands and seals of three or more of the justices in quarter sessions assembled, and stamped with a 10s. stamp (d). For which license the clerk of the peace is to receive after the rate of 10s. for every insane person not being a parish pauper; and the sum of 2s. 6d. for every parish pauper proposed to be received into such house; but for no license to be so granted shall be paid less than 157., unless granted for a less period than thirteen months, in which case the justices may reduce the sum to not less than 57. (e).

The clerk of the peace shall keep an account of the sums so received, and after defraying the expenses to be disbursed in execution of the act, he shall pay the balance to the treasurer of the county in aid of the county rate (f). If the justices refuse to renew any license, the lord chancellor, upon the representation of the justices, may, by an instrument under his hand and seal, within one month after each representation, sanction and confirm such refusal; or if the lord chancellor, within that time, shall not refuse to confirm it, such refusal shall then be deemed effectual (g).

The justices at the Michaelmas general quarter sessions of the peace in every year, shall appoint three or more justices of the peace, and also one or more physician, surgeon, or apothecary, to act as visitors of each house licensed for the reception of one or more insane persons within the county; and the said justices, physician, surgeon, or apothecary so appointed as visitors for each house as aforesaid, shall, and are hereby authorized and empowered to visit every such house in manner directed by this act; and such visitors shall at their first meeting take the oath required by this act, such oath to be administered by a justice of the peace, being one of such visitors; and every such visitor, being a physician, surgeon, or apothecary, shall be allowed and paid, for every day he shall be employed in executing the duties imposed upon him by this act, such sum as the justices in general quarter sessions shall be pleased to direct, to be paid him by the clerk of the

(b) 2 & 3 W. IV. c. 107, s. 15. (c) Sect. 18.

(d) Sect. 19.

(e) Sect. 18.
(f) Sects. 20, 21.
(g) Sects. 25, 26.

peace out of the monies to be received by him for licenses granted under this act, and in case of deficiency, then out of the county rates : provided also, that in case of the death of any justice, &c. so appointed visitor as aforesaid, or of his refusal or inability by reason of illness or otherwise to act as such, the said justices at any general or adjourned sessions of the peace may appoint a visitor in the room of such justice, &c. who shall die, or refuse, or become unable to act as aforesaid, and the names of all such visitors so appointed at the Michaelmas quarter sessions, or any general adjourned sessions of the peace, shall, within seven clear days of such appointment, be published in some newspaper circulated in the county wherein such licensed house shall be situate; and the appointment of such visitor shall, within twenty-one clear days, be communicated by the clerk of the peace to the clerk of the metropolitan commissioners, who shall register the same in a book to be kept for that purpose; and in case of default of such communication, the clerk of the peace shall forfeit and pay a penalty of 51., to be recovered as is hereinafter directed (h).

The duties of justices at the sessions respecting county lunatic asylums will be found in stat. 9 G. IV. c. 40, which is too long to be inserted here.

An appeal against an order made by justices of a borough having separate quarter sessions and commission of the peace on parish officers under 9 G. IV. c. 40, s. 38, may be heard by a recorder (i). As to repaying charges of removing an insane pauper to an asylum (j).

SECTION IX.

POLLING PLACES AT COUNTY ELECTIONS.

By 6 & 7 W. IV. c. 102, s. 1, on petition from the justices of any county, riding, parts, or division in England or Wales, in quarter sessions assembled, representing that the number of polling places therein is insufficient, and praying that the place or places mentioned in the said petition may be a polling place or polling places for the county, &c. within which such place, &c. is situate, his majesty, by and with the advice of his privy council, may declare any place or places mentioned in the petition to be polling place, &c. for that county, &c., and the justices for the same in quarter or special sessions assembled, as in 2 & 3 W. IV. c. 64 mentioned, shall conform

(h) 2 & 3 W. IV. c. 107, s. 11. (i) Reg. v. St. Lawrence, Ludlow, 11 Ad. & E. 170; 3 P. & D. 155; 8 Ad.

& E. 144, n. S. C.

(j) See Reg. v. Darton (Inh.), 3 P. & D. 486.

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