of more than Purpose of establishing a Lunatic Asy Act; and it is expedient that the said Act should be in other ' respects amended:' Be it enacted by the Queen'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 Recited Act to the said recited Act shall be deemed and taken to have autho- extend to Cases rized and empowered and to authorize and empower the Justices Two Counties of any County or Borough to unite for the Purposes of the or Boroughs said Act as follows; (that is to say,) any One or more County uniting for the or Counties may be united either alone or with any One or more Borough or Boroughs, and any One or more Borough or Boroughs may be united either alone or with any One or more County or Counties, and any One or more County or Counties, and One or more Borough or Boroughs, whether united or not, a Lunatic may unite with the Subscribers to any Lunatic Asylum esta- Asylum not blished or in course of Erection, or afterwards to be established, established. by voluntary Subscriptions, in erecting or providing an Asylum for the Pauper Lunatics of all or any of such Counties or Boroughs, whether such Union shall have taken place or shall take place at one and the same Time or at different Times. II. And be it enacted, That all the Powers and Authori- Powers, &c. ties, of what Nature or Kind soever, contained in the said Act to extend given by recited recited Act, or any Act amending the same, except as hereby expressly altered, shall extend to every Matter and Thing to be done under or by virtue of this Act. III. And be it enacted, That all Agreements, Acts, and Proceedings entered into, done, or had before the passing of this Act, and notwithstanding any Error or Omission whatsoever, shall be and the same are hereby declared to be valid, binding, and effectual, to all Intents and Purposes whatsoever, and in all respects, as if the Provisions of the said Act had been strictly complied with. lum, or to their uniting with Subscribers to theretofore to this Act. Former Proceedings by declared valid. Justices, &c. Union of addi of Expences to tited is less than that IV. And be it enacted, That where any Agreement for an Where by the Union has been made or shall be hereafter made, and in such subsequent Agreement the Proportion in which the Expences necessary for tional Counties carrying into execution the Powers and Purposes of the said or Boroughs recited Act or of this Act were or are to be charged and the Proportion assessed upon the several Counties and Boroughs and Sub- be borne by scribers so uniting shall have been or shall be specified, in purthose already suance of the Directions of the said recited Act, but by reason of some other Union the Proportions of Expences to be charged agreed upon, and assessed as aforesaid shall have been or shall be altered the Agreement and diminished, the Agreement for such Alteration and Dimi- to be valid, so nution shall nevertheless be deemed and taken to be valid, and the raising of to authorize and empower the Justices of every such County the smaller at the General or Quarter Sessions for the same, or the Council of every such Borough, to raise and levy, by the Ways and Means mentioned in the said recited Act, or any Act amending the same, such smaller Proportion and Sums of Money as shall under the Circumstances aforesaid be necessary for carrying into effect the Provisions of the said recited Act and of this Act. as to authorize Amount. Where a Borough unites with others, &c., a Proportion of Expences assessed to be paid to the Treasurers of the other Counties, &c. and applied in liquidation of previous Charges. Regulating V. And be it enacted, That when, in the Case of any such Union as aforesaid, any Monies shall become repayable to any County or Borough by reason of the Addition thereto of any other County or Borough or Subscribers, then such Excess shall be repaid to the respective Treasurers of such Counties or Boroughs according to the Proportions in which the original Sums were contributed, and shall be applied in Liquidation and Payment, pro tanto, of the Monies which shall have been raised and levied by such Counties and Boroughs, for the Purposes and under the Powers of the said recited Act, or of any Act amending the same, or of this Act, in such Manner as the Justices of any such County at any General or Quarter Sessions for the same, or the Council of any such Borough, shall respectively order and direct; or if all such Monies shall have been paid, then the same shall be applied in diminution of any Rate to be made in pursuance of the said recited Act, or any Act amending the same. VI. And be it enacted, That where any Union shall have been made before the passing of the said recited Act, or where any Union comprising more than Two Counties or Boroughs Boroughs have shall be made after the passing of this Act, and by the Agree Visitors where united, and have been joined by any other County or Borough ment thereupon made and entered into the Number of Visitors for any County or Borough has been or shall be fixed at less in the Case of a County than Seven, or in the Case of a Borough than Three, such Agreement shall and is hereby since the passing declared to be valid to all intents and Purposes, any thing in of this Act. Plans, Estimates, &c. not to be subject to the Approba Sessions of the said recited Act to the contrary notwithstanding; and in case such Union shall hereafter be joined by any other County or Borough, it shall be lawful, in the Agreement to be thereupon made and entered into, to fix a less Number of Visitors for any such County than Seven, and for any such Borough than Three. VII. And be it enacted, That where any Union has been or shall be made for the Purposes of the said recited Act, it shall not be necessary, after the passing of this Act, that the Plans, tion of Quarter Estimates, Contracts, and Agreements for Purchase, or any of them, shall be submitted for or be subject to the Approbation of the Court or Courts of General or Quarter Sessions of the County or Counties, or the Justices of the Borough or Boroughs, uniting, before the same shall be completed or carried into execution; provided that the Sum to be so expended shall not exceed an Amount previously authorized by the said Court or Courts of General or Quarter Sessions. Counties, &c. before they are carried into execution. Agreements to be entered into in the Form in Schedule (A.) of recited Act, except, &c. VIII. And be it enacted, That, notwithstanding the Provisions of the said recited Act, it shall not be necessary to specify in the Agreement to be executed in pursuance thereof the Numbers of every Committee of the County or Counties, Borough or Boroughs, or Subscribers, uniting, but that the said Agreement may be entered into in the Form or to the Effect of the Agreement in Schedule (A.) to the said Act annexed, except that it shall not be necessary that such Agree ment should be under the Seals of the Parties signing the same, any thing in the said Act to the contrary notwithstanding. IX. And be it enacted, That all Proposals, Agreements, Proposals, Contracts, and Plans made or to be made in pursuance and Agreements, execution of the said recited Act or of this Act, which shall &c. approved by the Secre have been or shall be approved of by One of Her Majesty's tary of State, Principal Secretaries of State under his Hand, shall be deemed after their Exeand are hereby declared to be valid, binding, and effectual, al- cution by Justhough the same shall not have been or may not be submitted valid. to and approved by such Secretary of State until after the signing and Execution thereof by any Committee of Justices or Visitors. tices, &c., to be in Schedule to be subject to Control of X. And be it enacted, That when any Committees of Justices Committees of elected and appointed, or of Subscribers appointed, as in the Justices, &c. said Act is mentioned, shall have agreed or shall agree to unite may insert additional Stipufor the Purposes of the said Act, it shall be lawful for such lations or ConCommittees to insert in the Form of Agreement set forth in the ditions in Form Schedule (A.) annexed to the said Act any Stipulations or Con- of Agreement ditions, in addition to the Matters by the said Act required to (A.); but Acts be specified in such Agreement, so that such additional Stipu- of Visitor not lations or Conditions do not in any way subject the Acts of the Committee of Visitors to the Approval or Control of any Court General or of General or Quarter Sessions, or of any Justices, in any Case Quarter Sesnot provided for by the said Act as amended by this Act; and sions. the additional Stipulations and Conditions so inserted in the said Agreement shall be of the same Force and Effect as the Matters so required to be specified, notwithstanding that such additional Stipulations or Conditions may control, in any other Manner than is herein-before specified and excepted, the Discretion and Acts of the Committee of Visitors as regulated by the said Act, or may require the Consent or Approval of, or may subject the Acts or Orders of the Visitors to be disallowed, modified, or controlled by One of Her Majesty's Principal Secretaries of State in Cases not provided for by the said Act; but any Stipulations or Conditions subjecting the Acts of the Committee of Visitors to the Approval or Control of any Court of General or Quarter Sessions, or of any Justices, in any Case not provided for by the said Act as amended by this Act, shall be void and of none Effect. pulations or XI. And be it enacted, That, with the Consent in Writing With Consent under the Hands of the greater Number of Visitors of each of Visitors, County, Borough, or Body of Subscribers united for the Pur- additional Stiposes of the said Act, and with the previous Consent in Writing Conditions may under the Hand and Seal of One of Her Majesty's Principal be repealed. Secretaries of State, the Committee of Visitors may from Time to Time repeal or alter any of the said additional Stipulations or Conditions inserted in the said Agreement. XII. And be it enacted, That the several Persons lending Money for the Purposes of the said Act shall not be bound to require Proof that the several Provisions of the said Act or of this Act, or of any Act amending the same, have been duly complied with; and that if there be an Order of the Justices Persons lending Money on Mortgage of Rates, &c. not bound to give Proof that of been given, &c. Notices have Power to Justices, &c. to levy Rates so mortgaged. Act to be construed with 8 & 9 Vict. c. 126. Act may be amended, &c. 5 & 6 Vict. c. 120. 10 & 11 VICT. of any County in General or Quarter Session, or of the Council of any Borough, making Application for the Loan, and any Mortgage be thereupon duly executed as by the said recited Act is provided, the Justices or Council (as the Case may be) shall have full Power to levy the Rates so mortgaged, for Repayment of the Money so borrowed, with Interest, notwithstanding that the Provisions of the said recited Act, or any Act amending the same, may not have been complied with; and it shall not be competent to any Rate-payer or other Person to question the Validity of any such Rate or Mortgage on the Ground that the aforesaid Provisions had not been complied with. XIII. And be it enacted, That this Act shall be construed and read with and as Part of the said recited Acts. XIV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. 6 6 6 CAP. XLIV. An Act to render permanent certain Parts of the Act thereof thereof in Cases where such Services should not have been previously recommended, or such Grants of Money should not have been previously asked by or on the Behalf of Her • Majesty; and that it should be lawful for Her Majesty, in 'manner aforesaid, to restrain and prohibit the Election of 'Members to serve in the said Assembly in different Districts ' on successive or different Days, and to require that all such Elections should be simultaneous, and should be completed ' within a Time to be limited, and that any such future Commission or Instructions as aforesaid should be laid before both Houses of Parliament within Thirty Days next after the Date thereof, should Parliament then be in Session, or if not, then within Thirty Days next after the Commencement of the ⚫ then next Session of Parliament; and it was thereby provided that no Change which should be made in the Constitution of the said Island under the said Act should continue for a longer Time than the First Day of September One thousand eight hundred and forty-six, unless Parliament should otherwise order: And whereas by an Act passed in the Session of Parliament holden in the Ninth and Tenth Years of Her Majesty's 'Reign, intituled An Act to continue till the First Day of Sep- 9 & 10 Vict. 'tember One thousand eight hundred and forty-seven certain c. 45. of the Provisions of an Act of the Fifth and Sixth Years of 'Her present Majesty, for amending the Constitution of the • Government of Newfoundland, it was enacted, that the Changes made in the Constitution of the said Island under the said recited Act should continue in force until the First Day of September One thousand eight hundred and forty-seven: And 'whereas upon and from the said First Day of September One thousand eight hundred and forty-seven the Changes made in the Constitution of the said Island under the first-recited Act ' will cease to be in force unless further Provision in that Behalf be made by Parliament; and it is expedient that 'from and after the said First Day of September One thousand eight hundred and forty-seven the first-recited Act 'should cease to be in force, save only so far as the same is ' herein-before recited:' Be it enacted by the Queen's most So much of Excellent Majesty, by and with the Advice and Consent of 5 & 6 Viet. the Lords Spiritual and Temporal, and Commons, in this herein-before present Parliament assembled, and by the Authority of the recited declared same, That so much as is herein-before recited of the first-recited permanent, and Act shall be permanent, and that upon and from and after the not recited to First Day of September One thousand eight hundred and forty- cease to be in seven so much of the said Act as is not herein-before recited force. shall cease to be in force. c. 120. as is so much as is II. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during this Session of amended, &c. Parliament. CAP. |