| |
FIRST SCHEDULE.
Transfer of Fire Brigades, etc., from Commissioners of Towns to Sanitary Authorities.
|
| |
Transfer of property of commissioners.
1. (1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for the commissioners for the purposes of the repealed section and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the sanitary authority for all the estate, term, or interest, for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the commissioners, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
|
| |
(2) All property transferred by this paragraph which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the commissioners shall, upon the request of the sanitary authority made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of the sanitary authority.
|
| |
(3) On and after the appointed day every chose-in-action transferred by this paragraph from the commissioners to the sanitary authority may be sued upon, recovered, or enforced by the sanitary authority in its own name and it shall not be necessary for the sanitary authority to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.
|
| |
(4) If any doubt, dispute, or question shall arise whether any property which immediately before the commencement of this Act is vested in or belongs to or is held in trust for the commissioners is so vested or so belongs or is so held for the purposes of the repealed section such doubt, dispute or question shall be decided by the Minister whose decision thereon shall be final.
|
| |
Transfer of liabilities of the commissioners.
2. (1) Every debt and other liability incurred by the commissioners for the purposes of the repealed section (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged shall, on the appointed day, become and be the debt or liability of the sanitary authority and shall be paid or discharged by and may be recovered from or enforced against the sanitary authority accordingly.
|
| |
(2) If any doubt, dispute, or question shall arise whether any particular debt or liability of the commissioners was incurred for the purposes of the repealed section such doubt, dispute, or question shall be decided by the Minister whose decision thereon shall be final.
|
| |
Preservation of continuing contracts.
3. Every bond, guarantee, or other security of a continuing character made or given by the commissioners in the performance of their functions under the repealed section to another person or by any person to the commissioners for the purpose of the said functions and in force immediately before the appointed day and every contract or agreement in writing made between the commissioners acting under the repealed section and another person and not fully executed and completed before the appointed day shall, notwithstanding the provisions of this Act, continue in force on and after the appointed day but shall be construed and have effect as if the name of the sanitary authority were substituted therein for the name of the commissioners, and such security, contract, or agreement shall be enforceable by or against the sanitary authority accordingly.
|
