Auditors may recover costs of proceedings to enforce due attendance at the audit. tained whether the provision aforesaid applies to proceeding XI. Where any auditor shall lay any information for a penalty in consequence of the default of any officer or other person to attend the audit, or the adjournment thereof, or t produce the proper account or vouchers, or to make or sign the proper declaration before him, the costs incurred by suct auditor, when not recovered from the defendant in such infor mation, shall, if the poor law board consent thereto, be pa able to such auditor, and be chargeable in like manner as the costs incurred by an auditor in enforcing the payment of suns certified by him to be due (b). (a) See upon this clause Q. v. Tyrwhitt, 14 Jur. 1024; 19 L. J. R., M.C. 249, 4 N. 8. C. 267. (b) See 7 & 8 Vict. c. 101, s. 32, and 21 & 22 Vict. c. 98, s. 80, ante, p. 305. BURIAL ACT CLAUSES. 20 & 21 VICT. CAP. 81. may, by constituted board. IV. In case it appear to Her Majesty in council, upon the Local board etition of the local board of health of any district established of health nder the Public Health Act, or upon the petition of any com- order in issioners elected by the ratepayers, and acting under or by council, be irtue of the powers of any local Act of parliament for the a burial mprovement of any town, parish, or borough, stating that he district of such local board of health or of such commisioners is co-extensive with a district for which it is proposed o provide a burial ground, and that no burial board has been ppointed for such district, and that an order in council has been made for closing all or any of the burial grounds within he said district, it shall be lawful for Her Majesty, with the advice of her privy council, in case Her Majesty see fit so to lo, to order that such local board shall be a burial board for the district of such local board, or that such commissioners shall be a burial board for the district of such commissioners, and thereupon such local board or such commissioners, as the case may be, shall be a burial board for such district accordingly; And the powers and provisions of the Acts hereinbefore mentioned (b) (except the provisions relating to the constitution or appointment and resignation of members of burial boards), and the provisions herein contained, shall extend to the district of such board, and to such board, or to the district of such commissioners, and to such commissioners, and to any burial ground and places for the reception of the bodies of the dead previously to interment which may be provided by (b) 16 & 17 Vict. c. 134; 17 & 18 Vict. c. 87; 18 & 19 Vict. cc. 78, 123. Burial board may be established for a district not maintaining its own poor, and which has had no separate burial ground. such board or by such commissioners, in like manner as te parish or parishes and the burial board thereof, and any burs ground and any such places as aforesaid provided by such iss mentioned board, save that no approval, sanction, or auth rization of any vestry shall be requisite: Provided always, that notice of such petition, and of t time when it shall please Her Majesty to order the same to taken into consideration by the privy council, shall be pa lished in the London Gazette, and in one of the newspape usually circulating in the district of such local board or of sat commissioners, one month at least before such petition is considered: Provided also, that this enactment shall not apply to y such district as aforesaid exclusively consisting of the whole part of one corporate borough within the meaning of the Public Health Act, 1848. V. The vestry, or meeting in the nature of a vestry, of a parish, new parish, township, or other district not separate maintaining its own poor, and which has had no separate burial ground, may appoint a burial board; And such vestry or meeting, and the burial board appointed by it, shall exercise and have all the powers which they might have exercised and had under the said Acts and this Act if such parish, new parish, township, or district had had a sepa rate burial ground before the passing of the said Act of the eighteenth and nineteenth years of Her Majesty: Provided always, that all the powers of any other vestry & meeting and burial board, if any, shall then cease and deter mine, so far as relates to such parish, new parish, township, district as aforesaid. Resolutions, &c. of ves tries not to be void by reason of irregularity of notices, &c. XXVII. No resolution or proceeding of any vestry, or meeting in the nature of a vestry, for the purposes of the said recited Acts and this Act, or any of them, shall be void or voidable by reason of any defect or irregularity of or in notice of such vestry or meeting, or any other error in form in the calling of such vestry or meeting, or in the proceedings thereat, unless notice in writing of such defect or irregularity or error shall have been given at such vestry or meeting, or within seven days after the day of the holding thereof, to the churchwardens or other persons to whom it belongs to call meetings of such vestry, or such meeting in the nature of a vestry, who shall thereupon call another meeting for the purpose of considering the previous resolution or proceeding or the matter thereof; And no such resolution and proceeding made or taken at any such vestry, or meeting in the nature of a vestry, before the passing of this Act, which shall not have been objected to by notice in writing to such churchwardens or persons as aforesaid, shall be deemed invalid by reason of any such defect, irregularity, or error. XXVIII. In the construction of this Act the expression « Burial "burial board" shall mean a burial board constituted under board." the hereinbefore recited Acts or any of them, or under this Act. Act to apply takings authorized by Acts hereafter to be passed. THE LANDS CLAUSES CONSOLIDATION ACT, 1845. 8 & 9 VICT. CAP. 18. An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature. [8th May, 1845.] "WHEREAS it is expedient to comprise in one general Act "sundry provisions usually introduced into Acts of parliament "relative to the acquisition of lands required for undertakings "or works of a public nature, and to the compensation to be "made for the same, and that as well for the purpose of "avoiding the necessity of repeating such provisions in each "of the several Acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves:" be it enacted: That this Act shall apply to every undertaking authorized to all under- by any Act which shall hereafter be passed, and which shall authorize the purchase or taking of lands for such undertaking, and this Act shall be incorporated with such Act; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act. Interpretations. Interpreta tions in this and the And with respect to the construction of this Act and of Acts to be incorporated therewith, be it enacted as follows: III. The following words and expressions, both in this and the special Act, shall have the several meanings hereby asspecial Act: signed to them, unless there be something either in the subject or context repugnant to such construction; (that is to say,) (a) (a) There was the same interpretation of number, gender, month, superior courts, and oath, as in 11 & 12 Vict. c. 63, s. 2, ante, p. 29. |