in this act contained shall authorize any governing body to promote any bill in parliament for the establishment of any gas or water works to compete with any existing gas or water company established under any act of parliament: Provided that no powers contained in this clause shall apply in any case where the promotion of or opposition to a bill by a governing body has been decided by a committee of either house of parliament to be unreasonable or vexatious. The provisions of this act do not apply to provisional orders. See ante, pp. 359 and 454. 3. No payment to any member of a governing body for No payment acting as council or agent in promoting or opposing any such to member of bill shall be charged as aforesaid. governing body to be so charged. Costs of pro opposing bills ings. 4. No expense in relation to promoting or opposing any bill or bills in parliament shall be charged as aforesaid unless moting or incurred in pursuance of a resolution of an absolute majority to require of the whole number of the governing body at a meeting of sanction of special meetthe governing body, after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in some local newspaper published or circulating in the district, such notice to be in addition to the ordinary notices required for summoning such meeting, nor unless such resolution shall have been published twice in some newspaper or newspapers circulating in the district, and shall have received, in respect. of matters within the jurisdiction of the local government board, the approval of such board, and in respect of other matters, the approval of one of her Majesty's secretaries of state, and in case of the promotion of a bill in parliament no further expense shall be incurred or charged as aforesaid after the deposit of the bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held in pursuance of a similar notice not less than fourteen days after the deposit of the bill in parliament: Provided further, that no expense in promoting or opposing any bill in parliament shall be charged as aforesaid unless such promotion or opposition shall have had the consent of the owners and ratepayers of that district, to be expressed by resolution in the manner provided in the Local Government Act, 1858, for the adoption of that act. By sect. 313 of the Public Health Act, 1875, which repeals the Local Government Act, 1858, it is provided that where in any act any provisions of any of the repealed acts are mentioned or referred to, such act shall be read as if the provisions of the Act of 1875 applicable to similar purposes were substituted. See the section ante, p. 464. The provisions of the Act of 1875 will therefore now have to be observed with reference to the resolution of owners and ratepayers required by the above section. These provisions are as follows: (1.) For the purpose of passing a resolution of owners and ratepayers under this act, a meeting shall be summoned on the requisition of any twenty ratepayers or owners, or of any twenty ratepayers and owners, resident in the district or place with respect to which the resolution is to be passed. (2.) The summoning officer of such meeting shall be- In boroughs, the mayor; In improvement act districts, the chairman of the improvement commissioners; In local government districts, the chairman of the local board; In places situated in any rural district or districts and having known and defined boundaries, the churchwardens or one of them having jurisdiction co-extensive with the place; or if there are no churchwardens, the overseers or one of them having the like jurisdiction; or if there is none of the officers respectively above enumerated, or if such officer in any case neglects, is unable, or refuses to perform the duties hereby imposed on him, by any person appointed by the local government board. Where the boundaries of a place are settled by order of the local govern ment board, the board shall by such order appoint the summoning officer. If any summoning officer appointed by the local government board dies, becomes incapable, or refuses or neglects to act, the local government board may appoint another officer in his room. (3.) Ratepayers or owners making a requisition for the summoning of such meeting shall, if required, give security in a bond, with two sufficient sureties, for repayment to the summoning officer, in the event of the resolution not being passed, of the costs incurred in relation to such meeting or any poll taken in pursuance of any demand made thereat; the amount of the security to be given by such sureties, and their sufficiency, and the amount of such costs, to be settled by agreement between the summoning officer and such ratepayers or owners, or, in case of dispute, by a court of summary jurisdiction. (4.) The summoning officer shall, on such requisition as aforesaid, fix a time and place for holding such meeting, and shall forthwith give notice thereof By advertisement in some one or more of the local newspapers circulated in the district or place; By causing such notice to be affixed to the principal doors of every church and chapel in the place to which notices are usually affixed. (5.) The summoning officer shall be the chairman of the meeting unless he is unable or unwilling to preside, in which case the meeting on assembling shall choose one of its number as chairman, who may, with the consent of a majority of the persons present, adjourn the same from time to time. (6.) The chairman shall propose to the meeting the resolution, and the meeting shall decide for or against its adoption: provided, that if any owner or ratepayer demands that such question be decided by a poll of owners and ratepayers, such poll shall be taken by voting papers in the form O. in Schedule IV. to this act, in the same way and with the same incidents and conditions as to the qualification of electors and scale of voting, as to notice to be given by the returning officer, delivery, filling up and collection of voting papers, as to the counting of votes, as to penalties for neglect or refusal to comply with the provisions of the act, 35 & 36 VICT. c. 91. and in all respects whatsoever as is provided by the rules for the election of local boards in Schedule II. to this act; except that in districts or places where there is no register of owners and proxies under this act, any owner or proxy shall be entitled to have a voting paper delivered to him if at least fourteen days before the last day appointed for delivery of the voting papers he sends a claim in writing to the summoning officer containing the particulars required by Schedule II. to this act to be contained in claims to be entered on the register of owners and proxies, and except that the provisions with respect to certain specified days of the month shall not apply. For the purposes of such poll the summoning officer shall be the returning officer, and shall have the powers and perform the duties of a returning officer under Schedule II. to this act, so far as the same are applicable to a poll under this schedule. If no poll is demanded, or the demand for a poll is withdrawn by the persons making the same, a declaration by the chairman shall, in the absence of proof to the contrary, be sufficient evidence of the decision of such meeting. (7.) A copy, under the hand of the summoning officer, of every resolution so passed, shall be forwarded by him to the local government board; and it shall be his duty to publish a copy thereof by advertisement for three successive weeks in some one or more of the local newspapers circulated in the district or place, and by causing a copy thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually affixed. (8.) Where in pursuance of a resolution passed in manner provided by this schedule any place is constituted a local government district, all costs incurred by the summoning officer in relation to the meeting, and any poll taken in pursuance of any demand made thereat, shall be a first charge on the general district rates leviable within such district; in the case of a resolution so passed by owners or ratepayers in any urban district, such costs shall be paid out of the fund or rate applicable by the urban authority to the general purposes of this act. approval of 5. The approval of the local government board or one of Proviso as to her Majesty's principal secretaries of state, as the case may local govern&c. to any such be, shall not be given to any such resolution as aforesaid ment board, until the expiration of seven days after the second publication resolution. thereof, as provided by this act, and in the meantime any ratepayer within the district of the governing body may give notice in writing to the local government board or secretary of state objecting to such approval. examined. 6. All costs, charges, and expenses incurred under the Costs to be provisions of this act shall, before the same become chargeable, be examined and allowed by some person to be authorized by one of her Majesty's principal secretaries of state or by the local government board, as the case may be. 7. The local government board, or one of her Majesty's principal secretaries of state, shall have power to direct a local inquiry to be held upon any application under this act, by any person or persons whom they may respectively nominate for the purpose, and to charge the costs and expenses of such local inquiry. Power to direct Saving clause. Towns Improvement Clauses Act, 1847, s. 142, repealed. Act not to extend to bills if object attainable by provisional order. Act not to apply to Ireland or the Metropolis. local inquiry upon the governing body or the person by whom such application shall be made. 8. Nothing in this act shall extend or be construed to alter or affect any special provision which is or shall be contained in any other act for the payment of the costs, charges, and expenses intended to be provided for by this act, or to take away or diminish any rights or powers now possessed or enjoyed by any governing body, or which are or shall be vested in or exercisable by the inhabitants of any district under any general or special act. 9. The one hundred and forty-second section of "The Towns Improvement Clauses Act, 1847," is hereby repealed so far as the same is inconsistent with the provisions of this act. 10. The provisions of this act shall not extend to applications for any bill in parliament for any object which would, for the time being, be attainable by provisional order. 11. This act shall not extend or apply to Ireland or the city of London or the metropolitan area as defined by "The Metropolitan Local Management Act, 1855." CONSPIRACY AND PROTECTION OF PROPERTY 38 & 39 VICT. CAP. 86. An Act for amending the Law relating to Conspiracy, and to the Protection of Property, and for other purposes. [13th August, 1875.] 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, as follows: 1. This act may be cited as "The Conspiracy and Protection Short title. of Property Act, 1875." 2. This act shall come into operation on the first day of CommenceSeptember one thousand eight hundred and seventy-five. Conspiracy and Protection of Property. 4. Where a person employed by a municipal authority or by any company or contractor upon whom is imposed by act of parliament the duty, or who have otherwise assumed the duty of supplying any city, borough, town, or place, or any part thereof, with gas or water, wilfully and maliciously breaks a contract of service with that authority or company or contractor, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city, borough, town, place, or part, wholly or to a great extent of their supply of gas or water, he shall on conviction thereof by a court of summary jurisdiction or on indictment as hereinafter mentioned, be liable either to pay a penalty not exceeding twenty pounds or to be imprisoned for a term not exceeding three months, with or without hard labour. Every such municipal authority, company, or contractor as ment of act. Breach of contract by persons employed in supply of gas or water. |