Commissioners Clauses Act 1847

10 & 11 Vict. c. 16 · Enacted 23 April 1847 · Extends to United Kingdom

Contents

1. 1Extent of Act.
2. Interpretations in this Act
3. 2The special Act: Prescribed: The undertaking: The commissioners.
4. 3Interpretations in this and the special Act: Number: Gender: Person: Lands: Month: Superior courts: Justice: Two justices: Sheriff: Clerk: The town.
5. 4Short title of this Act.
6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
7. Commissioners
8. 6Joint owners or occupiers when qualified eligible as commissioners.
9. 7Same property not to give two qualifications.
10. 8No bankrupt or insolvent to be a commissioner.
11. 9No person holding office or concerned in a contract to be a commissioner.
12. 10Shareholders in companies established by Act of Parliament not disqualified by reason of contracts.
13. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
14. 12Declaration to be made by commissioners before acting.
15. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
16. 14Declaration to be taken at the first meeting.
17. 15Penalty on commissioner, not being qualified, acting.
18. 16Commissioners neglecting to act to cease to be one.
19. Election and rotation of commissioners
20. 17One-third of commissioners elected by Ratepayers and owners to go out of office every three years.
21. 18Commissioners eligible to be re-elected.
22. 19Mode of supplying occasional vacancies.
23. 20Manner of making the rotation list.
24. 21Annual meeting for election of commissioners.
25. 22Returning officer at elections.
26. 23Returning officer to appoint poll clerks.
27. 24Scale of votes of owners and occupiers.
28. 25Electors to vote in ward where their property qualification is situate but not to vote for more than one ward.
29. 26Commissioners may cause alphabetical list of voters to be made, and may defray the expence out of the rates.
30. 27Returning officer may summon rate collectors, &c. to attend the election. Penalty on rate collector, &c. for neglect.
31. 28Mode of voting at elections.
32. 1Section 1
33. 2Section 2
34. 29Poll may be closed if no voting paper be tendered for one hour.
35. 30Returning officer to examine poll books and declare the poll.
36. 31Voting papers and poll books to be open to inspection for six months after election.
37. 32Manner of proceeding if any person is elected a commissioner in more than one ward.
38. 33If no election day appointed, it may be made on a subsequent day.
39. 34Election not to be void for want of title in presiding officer.
40. 35Expences of presiding officer to be paid out of rates levied.
41. Meetings of commissioners
42. 36First meeting of the commissioners.
43. 37Election of chairmen of meetings.
44. 38Manner of voting.
45. 39Quorum of commissioners.
46. 40Commissioners to hold annual and monthly meetings.
47. 41Meetings of commissioners may be adjourned from time to time.
48. 42Monthly meetings to be held for transacting the ordinary business under this and the special Act.
49. 43No extraordinary business shall be transacted at monthly meetings, unless notice be given.
50. 44No resolution of commissioners to be revoked at a subsequent meeting unless under certain circumstances.
51. 45As to the holding of special meetings.
52. 46Notice to be given of things to be done by the commissioners by special order only.
53. 47How notices of meetings of commissioners are to be given.
54. 48Expences of meetings.
55. 49Power of commissioners to appoint committees.
56. 50Quorum of committee.
57. 51Acts of the commissioners not to be invalidated by reason of vacancies.
58. 52Informalities in appointment of commissioners not to invalidate proceedings.
59. 53Commissioners may provide public offices, &c.
60. 54Commissioners to provide daily attendance at their office to receive notices, &c.
61. 55Proceedings to be entered in a book, and, when signed, shall be received in evidence.
62. Contracts
63. 56Power to commissioners to enter into contracts.
64. 57Notice to be given of contracts to the amount of 100 l. or upwards
65. 58Commissioners may compound for breach of contract.
66. 59As to the conveyance of lands by the commissioners. Receipt under seal to be a sufficient discharge.
67. Legal proceedings
68. 60Commissioners not to be personally liable for acts done in the capacity of a commissioner. Commissioners to be indemnified for acts done in the execution of their office.
69. 61Actions or suits to be brought in the name of any two commissioners or their clerk.
70. 62Executions to be levied on the goods belonging to commissioners by virtue of their office only.
71. 63Commissioners and clerk to be reimbursed all damages, &c.
72. 64How indictments to be preferred.
73. Officers
74. 65Power to commissioners to appoint clerk and other officers, and remove them from time to time.
75. 66Offices of clerk and treasurer not to be held by same person.
76. 67Officer taking fees other than those allowed to lose his office, and forfeit 50 l.
77. 68Security to be taken from all officers intrusted with money.
78. 69Collectors to pay over monies within seven days to the treasurer.
79. 70Officers to account.
80. 71Summary recovery against parties failing to account.
81. 72Officers refusing to make out account and deliver up documents, &c. may be committed to prison.
82. 73Where officer about to abscond, a warrant may be issued in the first instance.
83. 74Proceedings against officers not to discharge sureties.
84. Mortgages
85. 75Form of mortgage.
86. 76Register of mortgages to be kept and to be open to inspection.
87. 77Transfer of mortgages.
88. 78Register of transfers to be kept.
89. 79Interest on mortgages to be paid half-yearly.
90. 80Power to borrow money at a lower rate of interest to pay off securities at a higher rate.
91. 81Repayment of money borrowed at a time and place agreed upon.
92. 82Repayment of money borrowed when no time or place has been agreed upon.
93. 83Interest to cease on expiration of notice to pay off a mortgage debt.
94. 84Monies borrowed on security of rates to be paid off in a limited period.
95. 85Mode of paying off mortgages.
96. 86Arrears of interest, when to be enforced by appointment of a receiver. Arrears of principal and interest.
97. 87As to the appointment of receiver.
98. 88Account books to be open to the inspection of mortgagees.
99. Accounts
100. 89Accounts to be kept of receipts and disbursements, which shall be open for inspection. Penalty for refusal.
101. 90Statement of accounts to be prepared and to be open for inspection. Copies of such statement to be furnished.
102. 91Accounts to be examined and settled at the annual meeting.
103. 92Auditors to be appointed. Qualifications of auditors.
104. 93Auditors to inspect accounts, and may appeal against part of the same, if they think fit.
105. 94The court may order payment of the costs of the appeal.
106. 95Annual account to be made up and transmitted to the clerk of the peace in England or Ireland, or to the sheriff clerk in Scotland, and to be open to inspection.
107. Byelaws
108. 96Power to make byelaws for regulating the conduct of the officers, &c. of the commissioners.
109. 97Fines for breach of such byelaws.
110. 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
111. Notices
112. 99Service of notices upon commissioners.
113. 100Notices by advertisement.
114. 101Authentication of notices and orders.
115. 102Proof of debts in bankruptcy.
116. 103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
117. Recovery of damages and penalties
118. 104Railways Clauses Consolidation Acts 1845, as to damages, &c. to be incorporated with this and the special Act.
119. 105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
120. 106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
121. 107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
122. 108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
123. 109Nothing in this or the special Act to affect the rights of the crown.
124. Access to special Act
125. 110Copies of special Act, to be kept by commissioners at their office, and deposited with the clerks of the peace, &c. and to be open to inspection.
126. 111Penalty on commissioners failing to keep or deposit such copies.
127. 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
128. Schedule (A)Voting paper
129. Schedule (B)Form of Mortgage
130. Schedule (C)Form of Transfer of Mortgage
131. Schedule (D)Schedule (D)