being filled up, be reduced to ten, it shall be lawful for the surviving or remaining trustees, or any five or more of them, by any writing or writings under their hands and seals, as often as occasion shall require, to nominate, elect, and appoint other fit and proper persons, being substantial inhabitants and householders in the said parish, to be trustees with them, so as the trustees to be elected, together with the remaining trustees, do not exceed the number of forty; and such person or persons as shall be so nominated, elected and appointed a trustee or trustees as last mentioned, shall and may and is and are hereby empowered to act in the execution of this act, to all intents and purposes, as fully and effectually as any of the last-mentioned trustees is and are by this act empowered to act. 57 Geo. III. c. 21. III. Provided also, and be it further enacted, That if any person or No Trustee to act persons hereby appointed, or hereafter to be elected, chosen or appointed, a where interested. trustee or trustees for the purposes of this act, shall have any interest in the said intended additional burial ground, or in any part thereof, or shall have any share or interest in any contract for inclosing and fencing the same, or for erecting any building therein, or otherwise relating thereto, otherwise than as a trustee or trustees under this act, every such person and persons shall from thenceforth be utterly disabled and disqualified from acting in the execution of this act. IV. And be it further enacted, That the said trustees shall enter or cause to be fairly entered and written, and kept in one or more book or books to be provided and kept for that purpose, all receipts, payments, debts, credits relating to the carrying into execution the purposes of this act, and all contracts made with or by the artificers and workmen to be employed in or about the inclosing or fencing the said intended additional burial ground, or erecting any building therein, and making the same fit and convenient for the burial of the dead therein, or in or about the pulling down, clearing, and carrying away the materials of any building or buildings standing on additional ground so to be purchased for the purposes aforesaid, or with or by any person or persons to whom such materials shall be sold, or any way relating thereto; and also all other proceedings of the said trustees in the carrying the purposes of this act into execution; and shall also, by or out of the monies arising out of all or any the assessment or assessments to be made under or by virtue of this act, or by or out of any other sum or sums of money which shall come to their or any of their hands as trustees as aforesaid, for the purposes of this act, or to the hands of any treasurer or receiver to be by them appointed, shall pay for the purchase of such additional ground for burial, and for the inclosing and building upon the same, or removing any building or buildings erected thereon, or making the same fit for the burial of the dead, and all such other charges and expences as shall and may arise and be incident to the said trust, or carrying the purposes of this act into execution; and shall also pay all such charges and expences as shall have been paid or incurred in relation to obtaining and passing this act, or carrying into execution any of the purposes thereof. Proceedings of entered in Books. Trustees. Power to ad V. And be it further enacted, That the said trustees shall and they are First Meeting of hereby authorized and required to meet at the Sculcoates public Hall, or any other convenient place in the said parish of Sculcoates, within fourteen days next after the passing of this act, and to proceed to put this Act in execution; and shall and may then and from time to time adjourn their meetings as they or any five or more of them shall think proper, and may also meet at any time or times, without adjournment, upon notice given to them by their clerk, to be appointed as hereinafter is mentioned, by the direction of the vicar, curate, or churchwardens of the parish for the time being, or any five or more of the said trustees, five days at the least before every such meeting; and that all acts and proceedings of the majority of Five competent any five or more of the said trustees assembled at any of their meetings to act. shall be as valid and binding to all intents and purposes as if all the said trustees had been present and concurred therein. VI. And be it further enacted, That it shall be lawful for the said trustees from time to time to appoint a treasurer and clerk, and also a collector or collectors, receiver or receivers of the rates or assessments to be made by virtue of this act, and such other officers and persons, with such salaries, allowances or gratuities, as the said trustees shall think necessary or ex journ, or to meet without Adjourn ment. Trustees to appoint a Treasurer, Clerk, Collectors, &c. with Salaries, &c. 57 Geo. III. c. 21. Clerk not to act vice versa. pedient for effectuating the purposes of this act; and shall and may take security from the treasurer, collector or collectors, or receiver or receivers, for the due execution of their respective offices, and for duly accounting for the monies to be received by them respectively; and that it shall be lawful for the said trustees from time to time to remove or discharge any such treasurer, clerk, collector, and other officers and persons as aforesaid, when and as they shall think proper, and to appoint others in their stead. VII. Provided always, and be it further enacted, That it shall not be as Treasurer, and lawful for the said trustees to appoint the person who may be appointed to act as their clerk in the execution of this act, or the partner of any such clerk, the treasurer for the purposes of this act, or to appoint the person who may be appointed treasurer, or the partner of any such treasurer, the clerk to the said trustees; and if any person shall act in both the capacities of clerk and treasurer for the purposes of this act, or if any person being the partner of any such clerk shall act as treasurer, or being the partner of any such treasurer shall act as clerk, in the execution of this act, every person so offending shall for every such offence forfeit and pay the sum of fifty pounds to any person or persons who shall sue for the same, to be recovered in any of His Majesty's Courts of Record at Westminster, by action of debt, or on the case, or by bill, suit or information, wherein no essoign, protection, or wager of law, nor more than one imparlance shall be allowed. Officers to account. VIII. And be it further enacted, That all such officers so to be appointed, shall, under their hands, at such time or times, and in such manner as the said trustees shall direct, deliver to the said trustees, or to such person or persons as they shall appoint, true and perfect accounts in writing of all matters and things committed to their charge by virtue of this act, and also of all the monies which shall have been by such officers respectively received by virtue and for the purpose of this act, and how much thereof hath been expended and disbursed, and for what purposes, together with proper vouchers for such payments, and shall pay all such money as shall remain due from them respectively to the said trustees, or to such person or persons as they shall appoint to receive the same; and every such trea surer shall, when thereunto required by the said trustees, or any five or more of them, lay his accounts before the said trustees in order that the same may be audited, passed, and allowed by them, if approved of; and all the said officers so accounting as aforesaid shall, whenever thereunto required by the said trustees, verify their said accounts; and if any such officer shall refuse or neglect to make and render, or to verify any such account as aforesaid, or to produce and deliver up the vouchers relating to the same, or to make payment as aforesaid, or shall refuse or wilfully neglect to deliver to the said trustees, or to such person or persons as they shall appoint to receive the same, within twenty-one days after having been thereunto required by the said trustees, or any five or more of them, by notice in writing, given to or left at the last or usual place of abode of such officer, all books, papers and writings in his custody or power relating to the execution of this act, or give satisfaction to the said trustees respecting the same, then and in any such case, upon complaint made by the said trustees, or by such person or persons as they shall appoint for that purpose, of any such refusal or wilful neglect as aforesaid, to any justice of the peace for the county, riding, city or place wherein such officer so refusing or wilfully neglecting shall be or reside, such justice may and he is hereby authorized and required to issue a warrant under his hand and seal for the officer so refusing or neglecting to appear before him, and upon his appearing, or having been summoned and not appearing, or not being to be found, to hear and determine the matter in a summary way, and if upon the confession of the party, or by the testimony of any credible witness or witnesses upon oath (which oath such justice is hereby empowered to administer) it shall appear to such justice that any of the monies that shall have been collected or received by virtue of this act shall remain due from such officer, such justice may and he is hereby authorized and required, upon non-payment thereof, by warrant under his hand and seal, to cause such money to be levied by distress and sale of the goods and chattels of such officer, and if no goods and chattels of such officer can be found sufficient to answer and satisfy the said money, and the charges of distraining and selling the said goods and chattels, or if it shall appear to such justice that such officer shall have refused or wilfully neglected to render and give such account, or to verify the same as aforesaid, or to produce the vouchers, relating thereto, or that any books, papers or writings relating to the exccution of this act shall be in the custody or power of such officer, and he shall have refused and wilfully neglected to deliver up or give satisfaction respecting the same as aforesaid, then and in every such case such justice shall commit such offender to the common Gaol or House of Correction for the county, riding, city or place where such offender shall be or reside, there to remain without bail or main prize until he shall give and make a true and perfect account and payment as aforesaid, or until he shall compound with the said trustees for such money, and shall have paid such composition in such manner as they shall appoint (which composition the said trustees are hereby empowered to make and receive,) and until he shall deliver up such books, papers and writings, or give satisfaction in respect thereof to the said trustees, but no such officer shall be detained or kept in such common Gaol or House of Correction for want of such sufficient distress by virtue of this act, for any longer space of time than six calendar months. IX. And be it further enacted, That the said trustees shall and they are hereby required to order or direct a book or books, to be provided and kept by their clerk for the time being, in which book or books such clerk shall enter or cause to be entered true and regular accounts of all sums of money received, paid, laid out and expended under or by virtue of this act, and of the several articles, matters and things for which such sums of money shall have been disbursed, laid out and paid, which book or books shall at all seasonable times be open to the inspection of the said trustees, or any creditor or creditors on, or any person who shall pay to, any rate or assessment, rates or assessments, to be made under or by virtue of this act, without fee or reward; and the said trustees, creditors, and all such persons aforesaid, shall and may take copies of or extracts from the said book or books, or any part or parts thereof, without paying any thing for the same; and in case the said clerk shall refuse to permit the said trustees, or such creditors, or any such person or persons as aforesaid, or any of them, to inspect the same, or take such copies or extracts as aforesaid, such clerk shall forfeit and pay any sum not exceeding five pounds, to be levied and recovered in manner hereinafter mentioned. X. And be it further enacted, That the said trustees shall from time to time sue and be sued in the name of the clerk to the trustees for the time being, and that no action or suit so brought or commenced shall abate or be discontinued by the death of the said clerk, or by any act of the said clerk, without the consent of the said trustees; but that such clerk shall be always deemed plaintiff or defendant in any action or suit, as the case shall happen: Provided always, that such clerk shall be reimbursed out of the monies arising or to arise by virtue of this act, and indemnified against all such costs, charges, damages and expences, as by the event or in consequence of any such action, or suit he shall be put unto, or become charged or chargeable with, by reason or on account of any such action or suit. XI. And be it further enacted, That it shall be lawful to and for the said trustees, or any five or more of them (whereof the vicar or curate for the time being of the said parish shall be one,) and they are hereby authorized and empowered, from time to time when and so often as it shall be judged necessary and expedient by them to obtain additional ground for burial, to treat, contract and agree with the owners of, and all other persons anywise interested in, any lands, grounds, buildings, tenements or hereditaments within the said parish, for the purchase thereof, or of any part or quantity thereof, for the making additional ground for burial for the use of the said parish, provided that the quantity of land so to be purchased, whether the same shall be purchased at the same time, or at different periods, as additional ground for burial may be wanted, shall not in the whole exceed three acres. XII. And be it further enacted, That all such land as shall be so purchased by the said trustees under the provisions of this act, for the making additional ground for burial, shall, when consecrated, for ever thereafter be appropriated, used, and employed for the purpose of burying the bodies of such persons as shall die in the said parish, or shall be thought proper 57 Geo. III. c. 21. Accounts to be kept of Receipts and Disbursements, which shall be open to the inspection of the Trustees and Creditors. To sue and be sued in the name of the Clerk to the Trustees. Clerk to be indemnified. Power to pur. chase Lands, &c. How the Ground so to be purchased shall be applied. 57 Geo. III. c. 21. Incapacitated Persons impowered to sell. Directions for applying Purchase Money, if 200£. and upwards. Where less than 200£ and exceeding 20€. and required to be buried therein, and for no other use or purpose what soever. XIII. And be it further enacted and declared, That it shall be lawful for all bodies politic,orporate or collegiate, corporations aggregate or sole, and all feoffees trust, committees, executors, administrators, guardians, and other trustees whatsoever, and for all husbands, femes covert, and other persons whatsoever, seised, possessed of, or interested in any houses, edifices, lands, grounds, tenements or hereditaments, from time to time to contract for, sell and convey the same for the purposes aforesaid, not only for and on behalf of themselves, but also for and on the behalf of their Cestui que trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other persons whatsoever; and all such contracts or agreements, sales, conveyances and assurances, shall be valid and effectual in the law to all intents and purposes whatsoever, not only to convey the estate and interest of the person and persons conveying, but also to convey all right, estate, interest, use, trust, property, claim and demand whatsoever, of their several and respective Cestui que trusts, and all claiming or to claim by, from, through or under them. XIV. And be it further enacted, That all money which shall be paid for the purchase of any lands, grounds, tenements, buildings or hereditaments purchased by virtue of the powers of this act for the purposes thereof, which shall belong to any body politic, corporate or collegiate, or to any feoffee in trust, executors, administrators, husband, guardian, committee, or other trustee for or on behalf of any infant, idiot, lunatic, feme covert or other Cestui que trust, or to any person whose lands, tenements or hereditaments are limited in strict or other settlement, or to any persons under any other disability or incapacity whatsoever, shall, in case the same shall amount to the sum of two hundred pounds, with all convenient speed be paid into the Bank of England in the name and with the privity of the Accountant General of the High Court of Chancery, to be placed to his account ex parte the trustees for carrying this act into execution, to the intent that such money shall be applied, under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way, by the person or persons who would have been entitled to the rents and profit of the said lands, grounds, tenements, buildings and hereditaments, in the purchase or redemption of the land tax, or discharging any debt or debts, or such other incumbrance, or part thereof, as the said court shall authorize to be paid affecting the same lands, grounds, tenements, buildings or hereditaments, or affecting other lands, grounds, tenements, buildings or hereditaments standing settled therewith to the same or the like uses, trusts, intents or purposes; or where such money shall not be so applied, the same shall be laid out and invested, under the like direction and approbation of the said court in the purchase of other lands, grounds, tenements, buildings or hereditaments, which shall be conveyed and settled to, for, and upon such and the like uses, trusts, intents and purposes, and in the same manner as the lands, grounds, tenements, buildings or hereditaments which shall be so purchased as aforesaid stood settled or limited, or such of them as at the time of making such conveyance and settlement shall be existing undetermined and capable of taking effect; and in the mean time and until such purchase shall be made, the said money shall, by order of the said court, upon application thereto, be invested by the said Accountant General in his name, in the purchase of three pounds per centum Consolidated Bank Annuities, or three pounds per centum Reduced Bank Annuities; and in the mean time and until the said Bank Annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of the said Consolidated or Ruduced Bank Annuities shall from time to time be paid, by order of the said court, to the person or persons who would for the time being have been entitled to the rents and profits of the said lands, grounds, tenements, buildings or hereditaments so directed to be purchased by virtue of this act, in case such purchase or settlement were made. XV. Provided always, and be it further enacted, That if any money so agreed to be paid for any lands, grounds, tenements, buildings, or hereditaments purchased for the purposes aforesaid, and belonging to any corpora tion, or to any person or persons under any disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall exceed or be equal to the sum of twenty pounds, then and in all such cases the same shall, at the option of the person or persons for the time being entitled to the rents and profits of the lands, grounds, tenements, buildings or hereditaments so purchased, or of his, her or their guardian or guardians, committee or committees, in case of infancy, lunacy, or idiotcy, to be signified in writing under their respective hands, be paid into the Bank of England, in the name and with the privity of the said Accountant General of the said High Court of Chancery, and to be placed to his account as aforesaid, in order to be applied in manner herein before directed, or otherwise the same shall be paid, at the like option, to two trustees, to be nominated by the person or persons making such option, and approved by three or more of the trustees for carrying this act into execution, such nomination and approbation to be signified in writing under the hands of the nominating and approving parties, in order that such principal money, and the dividends arising thereon, may be applied in any manner hereinbefore directed, so far as the case shall be applicable, without obtaining or being required to obtain the direction or approbation of the Court of Chancery. 57 Geo. III. c. 21. XVI. Provided also, and be it further enacted, That where such money Where less than so agreed to be paid as next before mentioned shall be less than twenty 20£. pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the lands or hereditaments so purchased for the purposes of this act, in such manner as the trustees for the carrying this act into execution, or any three or more of them shall think fit, or in case of infancy, idiotcy, or lunacy, then such money shall be paid to his her or their guardian or guardians, committee or committees, to and for the use and benefit of such person or persons so entitled respectively. XVII. And be it further enacted, That the certificate and certificates to be given by the said Accountant General, together with the receipt and receipts of one of the cashiers of the Bank of England to be thereunto annexed, and therewith filed in the register office of the said Court of Chancery, of the payment into the Bank of England by the trustees for carrying this act into execution, of their purchase money, or an office copy or office copies of the same certificates and receipts, shall from time to time and at all times be and be deemed and taken to be a good and sufficient discharge to such trustees, their successors, heirs, executors, administrators and assigns, for so much of the said purchase monies for which such certificate or certificates, and receipt or receipts as aforesaid, shall respectively be given, and that after the filing of such certificate or certificates and receipt or receipts as aforesaid, the said trustees, their successors, heirs, executors and administrators, shall be and is and are hereby absolutely acquitted and discharged of and from the same monies, and shall not be answerable or accountable for any loss, misapplication, or nonapplication thereof, or of any part thereof. XVIII. Provided always, and be it further enacted, That where any question shall arise touching the title of any person to any money to be paid into the Bank of England in the name and with the privity of the Accountant General of the Court of Chancery in pursuance of this act, for the purchase of any lands, grounds, tenements, buildings or hereditaments, or of any estate, right or interest in any lands, grounds, tenements, buildings or hereditaments to be purchased in pursuance of this act, or to any bank annuities, to be purchased with any such money, or the dividends or interest of any such bank annuities, the person or persons who shall have been in possession of such lands, grounds, tenements, buildings or hereditaments, at the time of such purchase, and all persons claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such lands, grounds, tenements, buildings or hereditaments, according to such possession, until the contrary shall be shown to the satisfaction of the said Court of Chancery; and the dividends and interest of the bank annuities to be purchased with such money, and all the capital of such bank annuities, shall be applied and disposed of accordingly, unless it shall be made appear to the said court that such possession was a wrongful possession, and that some D The Trustees under this Act indemnified in paying Purchase Money into Court. Provisions where Question shall arise touching the Titles to Money paid into the Bank. |