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See 41 & 42 Vict. c. 76, s. 4, as to the settlement by police or 26 & 27 Vict. stipendiary magistrate of differences relating to a street or public c. 112.

road.

Expenses incurred by board of trade in doing works authorized, recovered from the company as a penalty (s. 40).

Through Post Office.] See 32 & 33 Vict. c. 73, ss. 10, 11.

THAMES.

See title "London," ante, p. 1456.

TITHES AND RENT-CHARGES.

Recovery of Tithes from other Persons than Quakers.] By 7 & 8 Will. 3, c. 6, ss. 1, 2, 6, small tithes, offerings, oblations and compositions for small tithes, which have not been commuted for a rent-charge under the Tithe Commutation Act, 6 & 7 Will. 4, c. 71 (for tithes commuted are recoverable by distress as rent in arrear, s. 81), and in amount [not exceeding 107., 53 Geo. 3, c. 127, s. 4] are only recoverable (5 & 6 Will. 4, c. 74; 4 & 5 Vict. c. 36), before two justices in petty session (neither of whom is patron of the church or chapel whence the said tithes arise, or in anywise interested in such tithes). 186 If not paid within twenty days after demand, upon the complaint of the rector [or under 7 Geo. 4, c. 15, and 11 & 12 Vict. c. 43, s. 10, Vol. I. p. 138, his attorney or agent, or the lessee of the rector], made within two years after the tithes become due and payable (7 & 8 Will. 3, c. 6, s. 6). 187 The justices make an order, and the amount is recovered by distress, if not paid for the space of ten days and upwards (Id. s. 3); and in default of distress, a commitment to prison for not exceeding three calendar months without hard labour, unless sooner paid (under 11 & 12 Vict. c. 43, s. 22, Vol. I. p. 228). [Forms, Nos. 1—4, p. 961, Oke's "Formulist," 6th ed.] If the defendant insist on any prescription, &c., whereby he is freed from payment, the justices must forbear to give judgment (7 & 8 Will. 3, c. 6, s. 8). An appeal allowed (Id. s. 7; see Reg. v. Hall, 35 L. J. (N. S.) M. C. 251).

Recovery of Tithes from Quakers only.] On nonpayment by Quakers of tithes [or any customary or other rights, dues or payments belonging to any church or chapel, which of right by law and custom ought to be paid for the stipend or maintenance of any minister or curate officiating in any church or chapel, 1 Geo. 1, stat. 2, c. 6, s. 2], in amount not exceeding 50l. (53 Geo. 3, c. 127,

186 7 & 8 Will. 3, c. 6, s. 1. By 7 Geo. 4, c. 15, in cities and towns where the justices are patrons of the living, the matter may be determined by two justices of the adjoining county, riding or division.

187 The 7 & 8 Will. 3, c. 6, does not extend to tithes in the city of London or the liberties thereof, or in any other city or town corporate where the same are settled by any act of parliament (s. 5).

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7 & 8 Will. 3, c. 6; 53 Geo. 3, c. 127.

5 & 6 Vict. c. 54.

23 & 24 Vict. c. 93.

s. 6), any [one, 53 Geo. 3, c. 127, s. 4] justice, on complaint of the parson, vicar, &c., may summon the parties to appear before two justices [Id.], neither of which justices is the patron of the church or chapel, or anywise interested in such tithes (7 & 8 Will. 3, c. 34, s. 4), and the amount, with costs not exceeding 10s. (s. 5), 188 is, upon an order, recovered by distress (s. 6); in default of distress, imprisonment not exceeding three calendar months, unless sooner paid (11 & 12 Vict. c. 43, s. 22, Vol. I. p. 228). It is only in this way that such tithes can be recovered (5 & 6 Will. 4, c. 74; 4 & 5 Vict. c. 36). An appeal is allowed to the next quarter sessions (7 & 8 Will. 3, c. 34, s. 7). Vide 6 & 7 Will. 4, c. 71, s. 84, as to recovery of rent-charges from Quakers.

Contribution to a Rent-charge.] By 5 & 6 Vict. c. 54, s. 16, in case any land charged with one amount of rent-charge shall belong to two or more landowners in several portions, and the owner of any one of such portions, or his tenant, has paid the whole of such rent-charge, or any portion thereof greater than appears to him to be his just proportion, and contribution thereto is refused or neglected to be made by any other of the landowners, or his tenant, after a demand in writing, any justice acting for the county, &c. in which the land is situated, upon the complaint of any such landowner, or his tenant or agent [made within six calendar months, 11 & 12 Vict. c. 43, s. 11, Vol. I. p. 135], may summon the owner so refusing or neglecting to make contribution, or his tenant, to appear before any two or more such justices, who, upon proof of the demand and of service of the summons, whether or not the party summoned shall appear, are to examine into the merits of the complaint, and determine the just proportion of the rent-charge so paid, which ought to be contributed by the landowner of such other portion of the said land, and by order are to direct the payment by him of what shall in their judgment be due and payable in respect of such liability to contribution, with costs; and thereupon the complainant may enforce payment of the amount of contribution and costs by distress and entry [Vide 6 & 7 Will. 4, c. 71, ss. 81-85; and 23 & 24 Vict. c. 93, ss. 29, 30], but with the restriction to two years' arrears. The demand must be served upon any person occupying or residing on the land, or in case no person shall be found thereon, then affixing same on some conspicuous place on the land (s. 17). [Forms of Complaint, Summons and Order, Nos. 5-7, p. 962, Oke's “Formulist,” 6th ed.] Restoration of Instrument of Apportionment to proper Custody.] By 23 & 24 Vict. c. 93, s. 28, whenever any person, other than the

188 This limitation may, doubtless, be treated as repealed by 11 & 12 Vict. c. 43, s. 36, Vol. I. p. 127, Note 2, and in that case, sect. 18, Id. pp. 195, 196, applies to these costs.

c. 93.

person legally entitled [i.e. the incumbent, churchwarden or church- 23 & 24 Vict. wardens of the parish, or other persons approved by tithe commissioners, 6 & 7 Will. 4, c. 71, s. 64], has possession of the sealed copy of any confirmed instrument of apportionment, any two justices for the county, &c. within which the lands are situate, upon the application of any person interested in the lands or rent-charge, and upon fourteen days' notice in writing of such application to the person in whose custody such copy is, may hear and determine such application; 189-and upon hearing such application, the justices may order such copy to be removed from the custody of the person holding the same, and to be deposited in such other custody as they, having reference to the security and due preservation of such copy, and to the convenience of the parties interested therein, may think fit,-and may impose a fine, not exceeding 208. for each day that any such copy is retained contrary to the terms of such order, upon the person so retaining it,—and may make such further order concerning the notice to be given of such removal and deposit, and concerning the costs of such application, and the said fine, or of any opposition thereto, as they may think reasonable. [Forms of Notice, Complaint, Summons and Order, Oke's "Formulist," 6th ed. pp. 963, 964.]

TOWNS IMPROVEMENT. 190

"The Towns Improvement Clauses Act, 1847," 10 & 11 Vict. 10 & 11 Vict. c. 34, the extent of which is shown in Note 450, Vol. I. pp. 768, c. 34. 769, provides for various matters being heard and determined before justices, viz. :-

The mode of determining questions of compensation with regard to lands purchased or taken is to be the same as under 8 & 9 Vict. c. 18 (title "Lands Clauses Act," ante, p. 1446) (10 & 11 Vict. c. 34, s. 19).

Corrections of errors and omissions in plans and schedule to special act, by two justices (s. 20).

Damage done to lands by reason of altering the levels of streets, &c., in case of dispute between commissioners and the owners or occupiers, to be determined in the same manner as questions of compensation for lands taken or purchased (s. 21).

189 This section being rather obscurely worded, it is recommended that the complaint should be made before the expiration of the notice, and that the summons should be returnable on the same day as the notice states the application will be made to the justices. Sce Reg. v. Sayers and Thackwell, 3 Law T., N. S. 405.

190 The provisions of this act, 10 & 11 Vict. c. 34, are incorporated with the Local Government Act, 21 & 22 Vict. c. 98, by sect. 45 of the latter, and, therefore, the local board will be the commissioners in these districts.

10 & 11 Vict. c. 34.

Expenses of demolishing, &c. buildings, cellars, &c., made without the consent of the commissioners, to be recovered as damages (s. 31).

Expenses of altering buildings, &c. erected without notice, or contrary to the provisions of the act, to be recovered as damages (s. 40).

Expenses of repairing, altering, &c. drains, privies and cesspools, neglected to be done after notice to the owners, recoverable as damages (s. 44).

Expenses of altering drains, &c. constructed contrary to the directions of the commissioners, recoverable as damages (s. 46).

The commissioners are liable to be indicted, like inhabitants, for neglecting to repair their highways (s. 49).

Expenses of numbering houses, omitted to be done by occupiers, recoverable as damages (s. 65); commissioners to make compensation to owner for damage for setting houses back (s. 68).

Expenses of removing projections to houses, &c. not removed after notice, recoverable as damages (s. 69); commissioners to make compensation for damage by removal of projections (s. 70). Expense of altering doors opening outwards, not altered after notice, recoverable as damages (s. 71).

Two justices may order ruinous or dangerous buildings to be taken down or secured, &c. by the owners, &c. (s. 75), and any justice may issue his distress warrant for the expenses (s. 76); compensation for houses, &c. taken where owner cannot be found (s. 77). [Forms, Nos. 1-7, Oke's "Formulist," 6th ed. pp. 965 -966.]

Expenses of repairing dangerous buildings or holes near streets, recoverable as damages from the owner (s. 83).

Parties aggrieved by orders of commissioners, as to new levels or sewers, may appeal to quarter sessions, entering into a recognizance before a justice to try appeal (s. 86).

Expenses of removal of stagnant water in cellar, &c. recoverable from the occupier or owner as damages (s. 99.)

Expenses of whitewashing and purifying houses, not done after notice, recoverable from the occupier or owner as damages (s. 102). Two justices may order certain nuisances and offensive trades to be abated (s. 104).

Expenses of altering public buildings, not approved of by the commissioners, to be recovered as provided with respect to ruinous or dangerous buildings (s. 110).

Justices may suspend licences for slaughtering-houses, in addition to penalty on conviction (s. 129).

Expenses incurred by the commissioners in executing private improvements for owners of buildings, recoverable as damages, or by action (s. 149, and see s. 150).

c. 34.

An appeal is given to ratepayers against rates, whose names are 10 & 11 Vict. inserted after rate is made to the justices at special sessions or quarter sessions (s. 180, and see s. 176).

Persons aggrieved by rates on the ground of inequality, unfairness, or incorrectness in the valuation of their premises, may appeal to the justices at the special sessions holden for the district after seven days' notice (s. 185), which provision is similar to that in the 6 & 7 Will. 4, c. 96 (ante, p. 1308, title "Poor"), and see sects. 188-190.

The recovery of rates may be by distress warrant of any one justice (ss. 191-197). Form, No. 8, p. 966, Oke's "Formulist," 6th ed.]

Recovery of Damages.] Damages are to be recovered as under the 8 & 9 Vict. c. 20, which is incorporated (s. 210), before justices, and not by action (Mayor of Blackburn v. Parkinson, 28 L. J. (N. S.) M. C. 7; 32 Law T. 91; Parkinson v. Mayor, &c. of Blackburn, 33 Law T. 132. See title "Railways," ante.

TRADES UNIONS.

"The Trade Union Act, 1871" (34 & 35 Vict. c. 31), intituled 34 & 35 Vict. "An Act to amend the Law relating to Trades Unions" contains c. 31. the whole law upon the subject of trades unions. The offences in relation to trades unions are in Vol. I. pp. 776-778. Certain of these unions may now be registered with the registrar of friendly societies, the provisions of the act as to which we will give in extenso under the same divisions as in the statute :

I. Criminal Provisions.

II. Registered Trade Unions.
III. Registry of Trade Union.

I. Criminal Provisions.

Trade Union not Criminal.] Sect. 2. "The purposes of any Sect. 2. trade union 191 shall not, by reason merely that they are in

191 Definition of "Trade Union."] By sect. 23, "the term 'trade Sect. 23. union' means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business as would, if this act had not passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade:-provided that this act shall not affect

1. Any agreement between partners as to their own business;

2. Any agreement between an employer and those employed by him as to such employment;

3. Any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.”

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