The Sun.
London, England, 1848-11-24 00:00:00

KENDAL FELL ACT AMENDMENT.
(To repeal, wholly or in part, the existing Act, and to
amend and extend the same, er make ether provisions in lieu
thereof. To authorise the granting and confirming of Building
Leases, and Leases of Quarries, and the Sale of Limestone and Lime,
and the making of Sales and Exchanges of the Lands and Buildings
vested in the Trustees. To authorise the appropriation of the In-
come of such Lands and Buildings to certain public purposes. To
grant numerous Powers for the Improvement of the Borough. To
authorise the making of Bye-laws for regulating the Public
Quarries, and for other purposes. To better define or alter the
Qualification of the Trustees and Electors. To amend the provisions
of the existing Act as to Rating, and to authorise the levyinz of
Rates for Lighting the borough, and for other purposes. To authorise
a transfer of the Trustees' Powers and Property to the Corporation,
and to grant to the Trustees, and also to the Corporation, other
Powers.
Notice is hereby given, that Application is intended to be made to
Parliament in the session, for leave to bring in a BILL, or Bills,
to repeal, alter, amend, extend, and enlarge some of the powers arid
provisions of an Act passed in the 7th year of the reign of his
Majesty King George the Third, intituled "An Act for incissing a
piece of waste ground in the borough and township of Kirby-in-
Kendal, for the benefit of the poor ; and for cleansing and enlighten-
ing the streets of the said town ; and for confirming a rule or order
of Assize, and order of the High Court of Chancery, relating to rates
and assessments to be raised for the relief of the poor by the in-
habitants of the said township, and the owners of lands called
The Park and Castle Lands,' or wholly to repeal the said
Act, and to make other provisions in lieu thereof." And
it is intended by the said Bill or Bills to grant to the
trustees acting in the execution of the said Act, power to grant
building leases of the lands inclosed under the said Act, and of other
the lands now vested in the said trustees, or held and applied by
them for the purposes of the said Act, for any term of years, or for
any life or lives, or for any term of years determinable on the drop-
ping of a life or lives, and either with or without a premium, and at
such rent or rents, and upon such terms and conditions, and with
such powers as to the disposition and appropriation of the lands to be
comprised in such leases, and with such other powers and provisions
as the said trustees shall think proper. Also powerstolet orof grantleases for any term, not exceeding twenty-one years, of any part of
the said lands not used as public quarries, for the purpose
quar-
rying and getting and burning lime-stone, and disposing of lime-
stone and lime. Also powers to enter into contracts for leases, and
to alter, release, or renew such contracts, and to accept sur-
renders of leases, and to grant other leases in lieu thereof, or of
lands, the leases of which may have been avoided by re-entry. Also
powers to the Trustees to get, burn, and sell lime-stone and lime,
for the purposes of the said Bill or Bills, out of any part of
the lands vested in the said trustees. Also powers to convey in ex-
change any parts of the said lands, or of any lands to be acquired by
the said trustees for any lands, and to pay or receive money for equa-
lity of exeliange. Also powers to sell for chief rents, orfocre
pst chief
sums
msin
gross, any port of the said lands now or hereafter to be vested in or
held by the said trustees, and to lay out the moneys (except
rents) to be produced by such sale, and any moneys to be recived for
equality of exchange in the purchase of other lands to be settled to the
same uses, or to apply suck moneys in carrying into execution any of
the objects and purposes to be authorised by the said Bill or Bills,
and in the meantime to invest any portion of such moneys which
may not be authorised to be applied for the general purposes of such
Bill or Bills in any public securities at interest. And it is also in-
tended by the said Bill or Bills to alter the appropriation of the
surplus rents and other moneys arising from the said lands, which
are now applicable in aid of the poor-rate for the township of
Kendal, including the Park and Castle Lands, and to authorise the
application of such rents and other moneys, or any part thereof,
to the maintenance of fire-engines, pipes, water-plugs, and
other machinery, and also to the maintenance of a suffi-
cient body of firemen for the management and use of such en-
gines; and also to authorise the appropriation of any part of the
said rents and moneys in payment of the expense of constructing
sewers within the borough of Kendal, or any part or parts
thereof, or in aid of the expense of carrying out any sanitary or
other public object or Improvement within the said berough, or
any part or parts thereof, whether the same may be effected by the
said trustees, or by the council of the said borough, or by any
other body or persons, or in payment of the expense of effecting all
or any of the objects and purposes to he authorised by the said Bill
or Bills, including the expense of and incident to the application for
and passing of such Bill or Bills, or for or towards all or any of the
before-mentioned objects and purposes. And it is ,:also intended
by the said Bill or Bills to extend to the said borough,
or some parts thereof, some of the powers and provisions of " Tbe
Towns Improvement Clauses Act, 1847," and to give to the said
trustees, or to the body corporate or council of the said borough,
powers to cause the streets, roads, lanes, and other public
and private ways and places within the said borough, or within
any part or parts thereof, to be named, and the houses therein
to be numbered. Also powers to improve the streets, roads, lanes,
and other public and private ways, and places within the said bo-
rough, and to cause projections and obstructions within the said
borough to be removed, and doors to be made to open inward',
and coverings for cellar doors to be provided, and water-snouts
to be affixed. Also powers to cause ruinous or dangerous build-
ings to be taken down or gamed, and hoards to bo set up
during repairs, and deposits of building materials or excavations to
be lighted, and dangerous places to be repaired or inclosed. Also
powers to cause fire-places of factor es of every kind, and of steam-
enzines, to consume their own smoke, and party walls of houses
and buildings to be constructed so as to prevent the spread
of fire. Also powers to regulate the construction and ventila-
tion of buildings intended as places for public meetings. Also
powers to contract for lighting the streets, roads, lanes, and other
public and private ways and places within the said borough. Also
powers to establish and maintain places for public recreation and
convenience, and for public bathing places, baths, wash-houses, and
drying grounds, with proper conveniences thereto respectively,
and to appropriate any parts of the lands vested in the
said trustees for sites for such places and buildings. Also powers to
make, regulate, and recover charges for the use of such places and
buildings respectively, and to sell such places of recreation, bathing
places, baths and wash-houses, or any of them. Also powers to
prevent the deposit of nuisances and obstructions in the bed of the
river Kent, and of any of the waters running Into the said river, or
to compel the removal thereof. Also powers for the trustees to esta-
blish and maintain public lime kilns at the public quarries on the lands
vested in the said trustees. And also powers for the said trustees, and
for the. body corporate or council of the said borough, as the case may
require, to enter upon any lands for any of the purposes to be autho-
rised by such Bill or Bills. Also powers to purchase, by compulsion
or otherwise, any lands er houses which may be required for the .
purposes of such or Bills. Also powers to the said trustees, or to
the body corporate or council of the said borough, a's, the
case may require, to execute any works which they may have re-
quired the owner or occupier of any house or land to execute, and
who may have neglected to execute the same. Also powers to re-
cover the expenses of such works front the owner or occupier,
and to define the liabilities of such owner and occupier respec-
tively, and to compel occupiers to permit owners to execute the
works ordered by the trustees, or body corporate or council of the
borough, as the case may be. And it is also Intended by the said
Hill or Bills to extend all the powers and authorities contained in
the said existing Act, and also all the powers and authorities to be
conferred by such Bill or Bills, if it shall be so thought fit, to the
whole of the municipal borough of Kendal as enlarged, extended,
and defined by the Act to provide for the regulation of municipal
corporations in England and Wales, and the Act for making tempo-
rary provisions for the boundaries of certain boroughs.
And it is also intended by the said Bill or Bills to anthorise the
said trustees, or the body corporate or council of the borough, as the
case may require, to levy and raise within the whole of the said
borough, or within any districts or parts thereof, new or additional rates
and assessments for lighting the said borough, or any part or parts
thereof, and for carrying into execution such of the powers and au-
thorities as by the said recited Act are directed to be defrayed out of
the lighting and cleansing rate thereby authorised, and also for the
purpose of paying off and discharging the debts owing by the said trus-
tees, and now charged upon or liable to be paid out of the said lighting
and cleansing rate, and also for the purpose of defraying the several
costs and expenses by the said proposed Bill or Bills to be directed or
authorised to be paid oat of the rate or rates to be thereby authorised
to bo assessed and levied within the said borough, or any part or
parts thereof, and to grant exemptions from the payment of the
whole or any part of the existing or of such intended rate or rates.
And it is also intended by the said Bill or Bills to take powers to
levy tolls, rates, or duties, and to alter existing tolls, rates, or du-
ties, and to confer, vary, and extinguish exemptions from payment
of tolls, rates, or duties, and to vary, limit, and extinguish any rights
and privileges existing over the lands now vested in the trustees, or
any part thereof, which may bo at variance with the
provisions of the proposed Bill or Bills, and to confer, vary, extin--
gulch other rights and privileges; and to Incorporate in the said Act
or Acts all or any of the clauses and provisions of " The Towns Im-
provement Clauses Act, 1847," with respect to the manner of making
rates, with respect to tho appeal to be made against any rate, and
with respect to the recovery of rates.
And it is also intended by the said Bill or Bills to give to the said
trustees power to make bye-laws for regulating the public quarries,
gravel, sand, and clay pits on the said lands rested in the said
trustees, and for preventing any person working the same without
due authority, er in an improper manner, amid front removing
stones, gravel, sand, clay, limestone, or lime therefrom,
beyond the limits of the townships of Kendal, Kirkland,
and Nethergraveship, except upon payment to the trus-
tees of certain rates to be fixed by such bye-laws; also to give to the
said trustees, or to the body corporate or council of the said
borough, as may be deemed expedient. powers to make bye-laws
for regulating the use of tho places for public recreation, and of the
public bathing places, baths, and wa•hhouses, and for regulatinz
the firemen and the use of the fire-engines ; and to give to the said
trustees and body corporate, or council respectively, powers to im-
pose penalties for the breach of the bye-laws made by them re-
spectively, and to incorporate in the said Bill or Bills, in reference
to such bye-laws, the powers of the said Towns Improvement
Clauses Act, with respect to the making of bye-laws.
And it is also intended by the said Bill or Bills to authorise the
said trustees to borrow money by way of mortgage, at interest, or
by way of annuity upon the said lands so vested in or held by them,
and of the rents and profits thereof, or of any part thereof respec-
tively ; and also to authorise the said trustees, or the body corporate
or council of the said borough, as the case may require, to borrow
money by way of mortgage, at interest, or by way of annuity, upon
the credit of all or any of the rates to be levied under the authority
of the said Bill or Bills, and to apply the moneys so to be raised
under ally such powers, to all or any of the purposes to be autho-
rised by such Bill or Bills, as the trustrees or body corporate or
council respectively shall think proper, and to provide out of such
rents or rates a sinking fund for paying off the principal money so to
be borrowed on the credit thereof respectively.
And it is also intended by the said Bill or Bills to define, or alter
and amend the qualification of the said trustees, and the mode of their
electionSandanppotaintdmeednnta, or alter, and uniend the qualification, and their duties, powers and:proceed-
ings ; and also
of parties entitled to vote in the election of such trustees,
and the mode of voting, and to alter, vary, or extinguish all or
lieghstsa,i d
ptrri nv
lteegeass, and tdonteieosn fartfr
the a
ntfhetheexiefixitilsstginpgowpnezersf, tri
osormsoemoef
said trustees, and also the properties now vested in them, upon the
body corporate or council of the said borough of Kendal.
And it is also intended by the sail Bill or Bills to authorise the
said trustees, at a meeting to be called for that purpose, to trans-
fer, in writing, under their hands and seals, all or any of the
owers, rights privileges, and duties , and also if shall be so
hought fit, all, the properties now vested in them asit
such trustees,
under the said existing Act, and to be vested in them by the said
proposed Bill or Bills, to the body corporate of the said bo-
rough, in order that the said body corporate, by the council of the
said borough, may become the trustees for executing the several
powers and previsions of the said existing Act, and of such Bill or
Bills, the consent of the council, to such transfer, being previously
obtained.
And it is also intended by such Bill or Bills, in the event of any
of the powers to bo conferred thereby, being conferred on or vested
in the body corporate or council of the borough, to authorise
the council of the borough to pay the expel= of