to ascertain and

settle un

or quantities of

manors

&c. leased.

messuages, lands, tenements, tithes, or hereditaments, whereby it shall be agreed that any unknown or disputed boundaries known or or quantities of such manors, messuages, lands, tenements, disputed boundaries tithes, or hereditaments, or any part thereof, shall be referred to the adjudication of such person or persons as may be agreed upon and named by the said Archbishop, Bishop, Dean, Dean and Chapter, or other corporation aggregate or sole, and by his or their lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, his, her, or their heirs, executors, administrators, or assigns, or by such owner or owners of any other hereditaments situate as aforesaid; and that such referee or referees shall be fully authorized to to make Surveys, make or cause to be made surveys, maps, and admeasurements Maps, and of the said manors, messuages, lands, tenements, tithes, and surements; hereditaments, or any part thereof, and to summon any perto summon sons as witnesses, and examine them on oath (which oath he or they are hereby authorized to administer) touching or concerning any of the matters or things so referred as aforesaid, or in any way relating thereto; and also to call for the production of all surveys, maps, deeds, books, papers, and writings in the custody or power of any of the parties to the said reference, or of any other person or persons, of or concerning the matters in question; and the said referee or with Maps referees, having well and sufficiently investigated and con

Referees

Admea

and exa

mine witnesses on

oath;

to call for all Deeds,

&c.;

to make

Awards,

thereto,

on parch

ment or vellum.

sidered the same, and all matters to him or them referred, shall and may make his or their award or awards in writing, under his or their hand and seal or hands and seals, with a map or maps drawn thereupon or thereunto annexed, and which said award or awards and map or maps shall be upon parchment or vellum, and shall award and determine, identify, delineate, and describe the boundaries, quantities, particulars, and situations of the said manors, messuages, lands, tenements, tithes, and hereditaments so referred to him or them as aforesaid; and the said award or awards and map or maps and Maps shall be laid before all the parties to any such agreement of reference or deed of submission, including the party or parties whose consent is required by this Act, whose approbation thereof shall be written upon the said award or awards, written. and shall be signed and sealed by them, and thereupon the

Awards

to be laid

before parties, and their approba

tion to be

said award or awards and map or maps shall be for ever afterwards binding upon all parties, and final and conclusive as to all matters therein contained or thereby referred to.

consents

required

Act.

2. Provided always, and be it further enacted, that in Certain every case in which any of the powers herein-before contained shall be exercised by any Bishop, Dean, Archdeacon, Pre- to render valid probendary, or other ecclesiastical corporation sole, the deed of ceedings submission or agreement of reference, and also the approba- under this tion of the award, shall, in the case of a Bishop, be executed by the Archbishop of the Province testifying his consent thereto; or in case of a Dean, the same shall be executed by the Dean and Chapter testifying their consent thereto; or in the case of an Archdeacon, Prebendary, or other ecclesiastical corporation sole, the same shall be executed by the Archbishop or Bishop of the diocese testifying his consent thereto.

Lunatics,

enter into

3. And be it further enacted, that from and after the pass- Power to Infants, ing of this Act it shall and may be lawful to and for the said married lessee or lessees, copyhold or customary tenant or tenants, Women, sub-lessee or sub-lessees, under-tenant or under-tenants, &c., to and such other owner or owners as herein-before named, reference. his, her, or their heirs, executors, administrators, or assigns, who at the time of making any reference authorized by this Act shall be tenant or tenants in fee tail, general or special, or for life or lives, and for the guardians, husbands, committees, or attornies of or acting for any such lessee or lessees, copyhold or customary tenant or tenants, sublessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as herein-before named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any such reference shall be respectively an infant or infants, feme covert or femes covert, or of unsound mind, or beyond the seas, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sign, seal, and deliver any agreement of reference or deed of submission or approbation of any award or awards and map or maps authorized by this Act to be made, as fully and effectually to all intents and purposes as if such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under

M

Agreements or Deeds of

Awards,

to be de

posited in Registry of Arch

bishop, Bishop, &c.

tenants, and such other owner or owners as herein-before named, his, her, or their heirs, executors, administrators, or assigns, had been tenant or tenants in fee simple, and of full age, sole, of sound mind, or within the realm of England, and not under any other legal disability.

4. And be it further enacted, that, immediately after the execution by the parties of the instrument shewing their Reference, approbation of any award to be made by virtue of this Act, and Maps, the agreement of reference or deed of submission, and also the award or awards and map or maps authorized to be made by this Act, and a copy of the minutes of evidence whereupon the same is made, shall be deposited, in the case of any reference by any Archbishop or Bishop, in the office of their own Registrar; and in case of any reference by any Dean, Dean and Chapter, Archdeacon, Prebendary, Canon, and other Dignitary and Officer of a Cathedral or Collegiate Church or Chapel, in the office of the Registrar of the Dean and Chapter thereof; and in case of any reference by any Masters or other Heads, or by any Fellows and Scholars, or other Societies herein-before named, in the office of the Steward or other proper Officer of their said Colleges and Halls; and every such Registrar, Steward, or other Officer, Documents or some person or persons on his behalf, shall produce the to be pro- documents and papers so deposited with him or any of them, inspection. at all proper and usual hours of business, to every person interested in the subject matter of such award, or to his or her agent duly authorized, who shall make application to inspect the same or any of them, and shall furnish a copy or copies of the same or any of them to every such person or agent who shall make application for such copy or copies; Registrar's and every such Registrar, Steward, or other Officer shall in every case be entitled to the sum of five shillings and no more for receiving and preserving the agreement of reference or deed of submission, award or awards, map or maps, and copy of the minutes of evidence as aforesaid, and the sum of one shilling and no more for every production of the same or any of them to be inspected, and the sum of sixpence and no more for every folio containing seventy-two words of every copy, and the sum of ten shillings and no more for every copy of a map so made as aforesaid.

duced for

Fees.

of refe

rence how

5. And be it further enacted, that the expences attending Expences every reference which shall be made under the authority of this Act, and all the proceedings hereby required relating to be paid. to the same, shall be paid and borne by the parties thereto in such manner, shares, and proportions as they shall agree; and in case the said parties shall not make any agreement relating to such expences, then all such expences, or so much thereof as shall not be provided for by such agreement, shall be paid and borne by the said parties in equal moieties.

6. Provided also, and be it further enacted, that this Act Act limited to England shall extend only to that part of the United Kingdom called and Wales. England and Wales .

3 & 4 GUL. IV, Cap. XXXI.

An Act to enable the election of Officers of Corporations and other public companies now required to be held on the Lord's Day to be held on the Saturday next preceding or on the Monday next ensuing.

W

HEREAS the profanation of the Lord's Day is greatly increased by reason of certain meetings which are usually or occasionally held thereon; and whereas it is the duty of the Legislature to remove as much as possible impediments to the due observance of the Lord's Day; 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 every meeting or adjourned meeting of any vestry or corporation, whether ecclesiastical or civil, or of any public company, for the Elections nomination, election, appointment, swearing in, or admission of Officers of Corpoof any officer or officers, or for the transaction of any other rations and other pubsecular affair of such vestry, corporation, or company, and

Where leasehold lands are intermixed with other lands and cannot be certainly identified, the Inclosure Commissioners are empowered by 9 & 10 Vict. c. 70, s. 8, whether an Inclosure be pending or not, to determine the boundaries and to make an award thereon.

lic Com

be held on

shall be

Saturday

preceding or the Monday following.

panies now every other meeting of a public and secular nature, which, required to according to any Act of Parliament, or according to any a Sunday charter, grant, constitution, deed, testament, law, prescripheld on the tion, or usage whatsoever, is or shall be required to be held on any Lord's Day, or on any day which shall happen to be on a Lord's Day, shall be held on the Saturday next preceding or on the Monday next ensuing, at the like hour, with like form and effect, as if the same had been held on such Lord's Day; and every matter transacted at any such meeting or adjourned meeting held upon any Lord's Day shall be absolutely void and of none effect to all intents and If election purposes whatsoever: provided always, that when no such take place nomination, election, appointment, swearing in, or admission shall have taken place on such Saturday, every person whose Saturday the person term of office would, according to any such Act, charter, holding the grant, constitution, deed, testament, law, prescription, or usage, have expired on any such Lord's Day, shall continue in office, and exercise and enjoy all the powers and privileges Monday. annexed or relating to such office, until and on such Monday next ensuing, in the same manner as if such Monday had been the customary day of nomination, election, appointment, swearing in, or admission.

does not

on the

office to continue so to do

until the

Elections

not made

on such

taken to be within

2. And be it further enacted, that whenever the nomination, election, appointment, swearing in, or admission of any Saturday such officer or officers as before mentioned shall not take or Monday shall be place on such Saturday or Monday, or shall become void, the case shall be and is hereby declared to be within the provisions of an Act made and passed in the eleventh year visions of of His late Majesty King George the First, intituled, An Act for preventing the inconveniences arising for want of Elections of Mayors or other chief Magistrates of Boroughs or Corporations being made upon the days appointed by charter or usage for that purpose, and directing in what manner such

the pro

11 Geo. I,

c. 4.

Elections shall be afterwards made, as fully and effectually as if such officer or officers had been expressly named in the said Act t.

By 11 Geo. 1, c. 4, it is provided that where an election is not made on the proper day the electors may meet on the next day for the purpose and may then make a valid election; and that if this be not done the Court of King's Bench may award a writ of Mandamus for an election to be made on a day named in the writ.