Liverpool Sanitation Act 1846
Jurisdiction | UK Non-devolved |
Citation | 1846 c. cxxvii |
ANN0
NON0
&
DECIMO
VICTORIA3
REGINB.
Cup.
csnii.
An
Act
for
the
Improvement
of
the Sewerage
and
Drainage
of
the Borough of
Liueryool,
arid
for
making
further
Provisions
fbr
the
Sanatory
Regulation
of
the
said
Borough.
[26th
Jzcne
1846.1
HEREAS
an Act was passed in the Twenty-sixth Year
of
the Reign
of
His
late Majesty Icing
George
the Third, inti-
tuled
An
Act
for
opening,
maki?ag,
widening,
and
altering
26
G.
3.
certain Streets, Passages, and
Places
zcithin the
Tozcn
of
Liverpool
in
c.
12.
the
County
Palatine
oj*
Lnncaster
;
for
supplying
the
said
Tozcn
uith
fresh
and
wholesome
Water
;
for
removing and preventing
Xuisances
ancl
Aiziaoyances therein
;
for
appointing
additional Market Places
;
ancl
for
extending
so
much
of
tlie Powers
of
an Act
of
the Second Year
of
Iris
present kajesty
as
relates to Kackney Coachmen, CImirnzen, Carters, ancl
Porters,
to
a
certain Distance
beyond
the Liberties
of
the
said
Tozo7;lz:
And whereas an Act
was
passed in the Eleventh
Year
of
the Reign
of
His late Majesty King
George
the Fourth, intituled
An
Act
for
the
11
G.
4.
sr
better Paving
and
Sewemqe
of
the
Tozcn
of
Liverpool
in
the
County
1
W.
4.
c.
15.
Palatine
of
Lancaster
;
ancl
for
settling
the
Bozindahs
betxeen
the
said
Town
and
the
Townsh$
of
Iiirlrdale
ancl
Parts
of
tlie
Townships
of
Everton
and
West
Derby:
And whereas an
Act
was
passed in the
Fifth Year
of
the Reign
of
Her
present Majesty, iiitituled
An
Act
for
5
&
6
Vict.
amending
an
Act relntiiig
to
the Paving and Sezcerage
of
the
Toton
of
c.26
[Local.]
28
A
Liver-
2486
5
&
G
Vict.
c.
105.
44.
,582
G
Vict
c.
106.
6
Sr
7
Vict.
c.
75.
Council
of
the
Borough
of
Liverpool
to
carry
this
Act
into
execution.
Certain
J,i\Terpool
iii
the
Coiozty
I-'clkZtilLe
of
Lancaster
:
Ancl whereas an
Act,
JITT:Ls
passed
in the
Sebsioii
of'
l'arliameiit held
iii
the Fifth
ancl
Sixth
years
of
tlie Reign
of
lIcr
present Najesty, intituled
An
Act
for
better
pri1y
mrl
iirqiroriny
the
AYti,eets
ancl
fIi@ca?ys
zcithin
th(1
lj,t.t~~~-
pcii*ocliial
Place
of
Toxteth Park
in
the County
Palatine
qf
Lancaster,
mid
for
tJ~e
Seel-cernqe
of
cel-tain
Pmts
of
tJie
said
Place
:
Ancl
ivliereas
:in
Act
was
passeh
in the
Fifth
Year of the Reign of Her present
3Iajesty, iiititulecl
872
Act
for
the
13~omotion
qf
the
.€tealth
of
the
Inha-
Litcints
of
the
Bo~oiryJi
qf
Liverpool,
mid
the
bctter
l?eplntiorz
of
Ztiildings
in
tJ2p
s&
~oroicg?~
:
Xiici
whereas
an
Act
was
passed
in
the Session
of
P:irlixriient
ldtl in the Fifth
aid
Sixth Tears
of
the IZeigii of
Her
present Jlajesty, intitnled
,111
Act
,for
the
Iinproceineiat,
good
Govern-
meiLt,
niatl
Police
Eeyiilutiou
of
Uic
Uoi~ozigli
oj-
Liverpool
:
Ancl
whereas
an ,ict
was
passed in tlie Se;sion
of
l'arliainent held in tlie Sixth and
Serentli Ye:m
of
tlie lteigii of
JLer
present Majesty, intituled
A71
11~tfo1~
enrtbliizy
tJie
C'oiiii,,is.~ioiaei.s
jj12
piczhy
aid
seuxrhaq
the
Town
cy'
Liver-
pool
more
qj'ecfuully
to
rater
the
Streets
of
the
said Town,
and
to
proride
Jl'citer
fofol*
extiip~diiny
Piws
tlieiziiz
:
hid
whereas the Borough
of'
Lica.pon1,
as now estcndcd, coiiiprise> not only tlie Town and
Eorough
of
I;ic*erpooZ
:iiicl
Part of the said Extra-parochial Place
of
Toxteth
Pwk,
in tlie
said
recited Acts respectirely iiientioned, but also the several
Townships
of
Ji'r;ei*ton
and
I
ancl
Part
of
the Township of
TTTest
Dr16y
:
And
whcreas the said Townships
of
Evertoiz
aiicl
lii'dclnle
and
the saicl Part of the Township
of
TVest
Derby
have become and are
est
reinely
populous, and no express Provisioii hath lxen
made
for
the
Sewerage
or
1)rainage thereof,
or
for the Supply of Water
for
public
Purposes therein,
or
for
the paving and cleansing of the
several
Streets,
Courts,
and
Alleys therein
:
And whereas
it
is expedient that Remedy
should be
had
therein, aid that further Provision should be made for
the Coiistruction and Xnintenance of Drains and Sewers,
ancl
for the
paving and flagging the Surfhce
of
tlie Streets, Courts, and Alleys,
and
for
the Supply of Tater for the I'reveiitioii and Extinction
of
Fires, and
for
the
cleansing
of
the
Drains, Sewers, Streets, Courts,
Alleys,
aiid
Houses,
and
other public Purposes,
and
for the l'revention
of Suisances,
ancl
the Improvement
of
the Health and Comfort, and the
lliiniiiution of the Disease and lllortality
of
the Inhabitants through-
out the whole of tlie said Boi-o~igli
of
Liuerpool;
and
it
is
expedient
that the Powers to be granted for the said Purposes should be
coiii-
billed under
One
IIanageinent,
and should
be
uniform
throughout the
dole of the said Borough
:
May
it
therefore please
Your
Majesty
that it may be enacted
;
aiid
be
it enacted
by
the Queen's most Excel-
lent Xa,jesty, by and with the Advice and Consent
of
the Lords
Spiritual and Teniporal,
ancl
Co~nnio~is, in this present Parliament
assembled, and
by
the Authority
of
the same, That the
1Clayor,
Alder-
iiien, ancl Burgesses of the Borough of
Liverpool
shall
by
the Council
of
the Borough
be
aiid they are hereby empowered to carry this Act
ancl
the several
Powers
thereof into execution.
IT.
And whereas bv the
said
recited Act of tlie Fifth Year
of
the
~owvers
to
be
Reign
of
Her present Xajesty, iiititulecl
~iz
~ct
fo)*
the
Promotio?i
of
exercised
by
the
lfenltli
of
the
hzhabitants
of
the
Borough
of
Liverpool,
and
the bettel.
12epkition
of
Bziildiiys
in
the
said
Borough,
the said Council
are
tlie
Health
Committee
appoilited
enipowered,
as
therein mentioned,
to
appoint
a sufficient
Ktiniber
of
their
..
9"
&
IO"
VI
eronra,
cap.
cxxv11.
2487
their own Body to be
a
Conimittee called
"
The Health Committee,"
under
and
also
to appoint certain Persons to be Surveyors of Buildings
5&6Vict.
under ancl for the Purposes of the said Act
;
be it enacted, That the said
*'.
Health Coininittee and the said Surveyors shall have all such and tlie
like Powers and Authorities, and shall be subject to such and the like
Duties and Liabilities, under the said Council, for the carrying into effect
and executing the Provisions
of
this Act, as are granted to
or
vested
in or imposed upon them for the carrying into effect and executing
the said last-recited Act.
111.
And for the Purpose of assisting the said Xayor, Aldermen,
IfInspector
and Burgesses,
and
the said Council aiid Health Committee, in carry-
of
Sewerage
shall
be
ing into effect and executing the several Provisions of this Act, be
it
appointed
enacted, That if
at
any future Time any Inspector shall he appointed
under any
under the Provisions of any general Act
of
Parliament to be passed
general
for the Improvement of the Sewerage and Drainage of Towns and
Act,
shall exer-
populous Uist'ricts, and for providing JFTater and otherwise promoting
cise
the
the Health and Convenience
of
the Inhabitants, such Inspector shall
Powers
have and exercise such and the like Powers, Authorities, and Privileges,
under this
for the Purpose of superintending and otherwise assisting. in carrying
*ct.
this Act into execution,
as
shall or may be had or exercised by hiin
in
any
Town or District in which the Provisions of such general Act
of
Parliament
inay
be in force and operation.
IV.
And be
it
enacted, That
so
many of the Provisions of the said
So
much
of
recited Act passed in the Fifth Year of the Reign of Her present
5&6Vict.
Majesty, and intituled
Atz
Act
for
the
Proiiaotion
of
the
Heulth
of
tlie
Tda-
as
relates
to
bitants
of
the
Borough
of
Liverpool,
uizcl
the better
Re+qulxtion
of
Builclimp
the regu-
in
the
said
Bor~ouglz,
as
relate to tlie regulating the Width of Streets and
lating the
Courts, the Size and Situation of Iloonis
and
of
Windows therein,
Streets,
&c*
repealed.
the Occupation
of
Cellars, the providing
and
repairing
of
Privies and
Aslipits, the flagging and cleansing of Courts and Passages, the cleans-
ing of Houses, Drains, Privies, and Cesspools, and the inaking of Rye
Laws for the Prevention of Nuisances in Courts and Passages, and which
are comprised between the Fourth and the Twenty-fifth Sections
of
the
said Act, both inclusive, and also the several Provisions of the same
Act comprised in the Ninety-sixth, Ninety-seventh, Ninety-eighth, and
Kinety-ninth Sections thereof respectively, and relating to the paving
and Repair of certain Streets in the said Borough, shall on and after
the
Day
in which this Act shall come into operation be and the same
are
on and after the
said
Day hereby repealed, but without Prejudice
to
any Acts
or
Proceedings heretofore done, had, or transactecl under
or
pursuant to the same Provisions respectively,
or
to any Demands
or
Liabilities by reason
or
in consequence thereof.
c.
44.
V.
And be
it
enacted, That
so
many of the Provisions of the
so
mucil
of
said recited Act
of
the Session
of
Pal-liameiit held in the Fifth and
106.
as
relates
to
the
Sixth Years of the Reign of Her present Majesty, intituled
An Act
for
the
Improvement,
good
Gouewment,
and
Police
h'e~plation
of
the
of
Borozcyh
of
Liverpool, as relate
to
the Removal of Dirt, Ashes, and
Ashes, &c.
Rubbish, and the scavenging ancl carrying away of Filth, and the
repealed.
sweeping of Footways and Pavements, and which are comprised in
and between the One hundred aiid twenty-second and the One hundred
and
2488
9"
&
IO"
VICTORIAC,
Ccpcxxvii.
and twenty-ninth Sections of such Act, both inclusive, shall
on
and
after the
Day
on which this Act shall come into operation, be ancl
the same are on
and
after the said Day hereby repealed, but without
Prejndice to any Acts or Proceedings heretofore done, had, or trans-
acted under or pursuant to the
same
Provisions,
or
to any Deniands
or Liabilities
by
reason or
in
consequence thereof.
CertainPtirtS
of
11
G.
4.
TI.
And be it enacted, That the said recited Act passed in
the
&
1
W.4.
c.15.
re-
pealed.
5
CL
6
Vict.
c.
26.
re-
pealed.
So
much
of
105.
as
relates
to
that
Part
of
Tox
t
et
h
Park which
is
within the
Borough
of
Liverpool
repealed.
Eleventh Year
of
the Reign
of
His late Majesty Icing
George
the
Fourth, except
so
much thereof
as
provides for settling the Boundaries
between the said Town and the Township of
Kirkdde
and Parts
of
the Townships of
Euerton
and
?Yest
Derby,
ancl which are respectively
comprised in and between the Eightieth and One hunclrecl and third
Sections of the said Act, both inclusive, shall on and after the Day
on which this Act shall come into operation
be
and t,he same are
on and after the said Day hereby repealed, and a11 Powers and Autho-
rities granted by or
by
virtue
of
the said Act to the Commissioners
or
other Officers in the said Act mentioned shall on and after the said
Day
absolutely cease and determine, but without Prejudice to any
Acts
or
Proceedings heretofore clone,
had,
or transacted under
or
pursuant to the same Powers, Provisions, and Directions,
or
to
any
Demands
or
Liabilities
by
reason
or
in consequence thereof.
VII.
And be
it
enacted, That the said Act passed in the Fifth
Year
of
the Reign of
Her
present Majesty, intituled
An
,4ct
foT
amend-
ing
an
Act
relatang
to
the Paving and Sewerage
of
the
Town
oj.
Liverpool
in
the
County
Palatine
of
Lancaster, shall
on
and after the Day on
which this Act shall come into operation be and the
same
is on and
after the said
Day
hereby repealed, but without Prejudice to any Acts
or Proceedings heretofore done, had, or transacted under
or
pursuant
to
the Powers, Provisions, and Directions of the said last-mentioned
Act, or to any Demands or Liabilities
by
reason
or
in
consequence
thereof.
WII.
And whereas the
Powers
and Provisions
of
the said Act
passed in the Session of Parliament
held
in the Fifth
and
Sixth Years
of the Reign
of
IIer present Jfajesty, intituled
An
Qct
for
better
paving
rind
inzpouing
th
22reet.s
and
Higlwys
zcithin
the Extra-pwochiul
Place
of
Toxteth Park
in
the
Count?/
Palatine
of
Lancaster,
and
fin.
the
Seweraye
of
certain
I'ayts
of
the
said
Place,
so far
as
the same reiate to
the Construction and Repair
and
cleansing of Sewers, Drains, and
Watercourses, and other Sewerage Purposes,
nnci
to
the raising
of
Money
ancl
the Imposition of Rates for the said last-mentioned Pur-
poses,
are confined to such Part of the said Extra-parochial Place
as
lies within the Boundary of the said Borough
:
And whereas the
Powers
ancl
Provisions of the
same
Act, so far as the same relate to
the Construction, Repair, paving,
and
flagging tlie Streets, and
to
the
cleansing of the said Extra-parochial Place, and tlie raising
of
Xoney
and the Imposition of Rates
for
tlie said last-mentioned Purposes,
extend to the whole of the said li:stra-paro&ial Place of
Toxteth
Pcirk,
as
well
within
as
without the said Gorough
;
be it enacted, That such
and
so
many
of
the
Provisions
of
the
said
Act as relate to that Part
of
the said E&ra-pnrochial Place of
Toxteth
Pwk
which lies within the
said
Yo
&
10"
VICTORIE,
Cupcxxvii.
2489
said Boroug> shall on and after the
Day
on which this Act shall come
into operation be and the same are on and after the said
Day
hereby
repealed, and
all
Powers and Authorities granted
by
or
by
virtue of
the said Act to the said Commissioners, or to any Persons whatsoever,
with relation to such last-mentioned
Part
of the said Exti*a-parochial
Place, shall on and after the said
Day
absolutely cease and determine,
without Prejudice nevertheless to any Acts or Proceedings hitherto
done, had, or transacted under or pursuant to the Provisions
of
the
said Act
;
and that in
all
future Proceedings
to
be had and done and
Acts to be performed under the
said
Act the same shall be read and
construed and in
all
respects carried into operation and effect
as
if
it
had been expressly confined in its Operation to the said Part of the
said Extra-parochial Place which lies beyond the said Eoundary
of
the
said Borough of
Liverpool:
Provided always, that nothing in this Act
contained shall be taken or construed to repeal, alter, determine,
or
affect any
of
the Provisions of the
said
Act,
or
of the Powers or
Authorities of the Commissioners appointed under the said Act,
so
far
as
such Provisions, Powers, and Authorities relate
to
the Part of the
said Extra-parochial Place which lies beyond the said Boundary of the
Borough of
Lit.erpooZ.
IS.
Provided always, and be
it
enacted, That the repealing
of
the
Repeal
of
said several Provisions of the said several Acts shall not in anywise
Acts
and
annul, prejudice,
or
affect any Purchase, Sale, Conveyance, Contract,
not
to
Security, Act, lalatter,
or
Thing whatsoever made, done, committed,
Acts
done
or
executed under
or
by
virtue or in pursuance
of
such Provisions, or
or
Offences
any
of
them, before the said
Day
on which this Act shall come into
~~~'~~~
operation, but all such Purchases,
Sales,
Conveyances, Grants, Con-
Act
cOmeS
tracts, Securities, Acts, Matters, and Things, shall be
and
the same
into
opera-
are hereby declared to be as good, valid, and effectual, to all Intents
tion.
and Purposes whatsoever, as if the said Provisions were not repealed
;
and all Offences done or committed and
all
Forfeitures incurred
under the said Provisions,
or
under any Bye Law made in pursuance
thereof, before the said Day on which this Act shall come into opera-
tion, shall and may be prosecuted, punished,
sued
for, and recovered
in all respects
as
if this Act had not been passed.
Parts
of
Acts
X.
And be
it
enacted, That on and after the Day on which this
W11en
this
Act shall come into operation
all
the Lands, Messuages, Enildings,
~ct
comes
Works, and Hereditaments,
of
whatsoever Tenure
or
Description, ancl
into
opera-
all
the Monies, Bonds, Covenants, Debts, Arrears
of
Debt, Arrears
of
tion
I'roperty
the
of
Bates, Tiabilities, Deeds, Rooks, Writiiigs,
lf
aps,
Pla~ls,
and
Personal
the
Commis-
Estate ~vhatsoever, which shall then belong to
or
be vested in such
sioners
to
be
Commissioners respectively, under or by virtue
of
or arising fi-om
or
vested
in
in anywise relating
to
the Provisions of the mid Acts,
so
far as the
Aldermen,
same relate to the said Borough, shall be and the same are hereby
311d
B~~-
vested in the said Nayor, Aldermen, and Burgesses, for the like re-
gessee.
spective Estates, Rights, Interests, and Purposes, and in like Manner,
as
the same respectively would have remained
or
have been
so
vested
in or would have belonged to such Commissioners respectively
if
this
Act had not been passed
;
and all Persons and Corporations
who
shall
then owe
or
be subject to any Liability, whether immediate or
ftiture,
to pay any such Money to such Commissioners respectively, shall pay
[Local.]
28
B
the
the
Mayor,
2490
Coni
in
i
s-
sioners
ap
p
oi
n
t
cd
under
5
X:
6
Vict. c.
26.
to
remain
in
Office till
this
Act
comes into
operation.
Cop.
cxxvii.
the same, with
all
Interest (if any) due or
to
accrue due thereon, to
the said
Slayor,
Aldermen,
aid
Eurgesscs, upon the Trusts and for
the I'urposes of carrying into executlon the
l'owers
and Authorities
hereby
intrusted to them.
SI.
And whereas
it
is provided by the said Act thirdly herein-
before recited, that
011
the Third
Thzwstlay
in the Month of
iVoveinber
in every Year
One
Third of the Commissioners nominated and chosen
out of the Town Council, being those who should have been longest in
Office, and One Third of the other Commissioners, being those
who
should have been longest in Office, should
go
out
of
Ofice, and
in
each Instaiicc the Places of the retiring Commissioners should be
supplied by the Election
of
a similar Number of Commissioners, as
therein-after provided
:
And whereas
by
this Act
it
is
provided, that on
and after the First
Day
of
Jaiiua~y
next the said last-mentioned Act
shall
be aiid
the
same
is
liereby repealed
;
be it enacted, That, notwith-
staiicliiig any thing in the said Qct
or
any other Act contained, every
Persoii who shall
at
the Tiine of the passing of this Act be
a
Com-
niissioner appointed under the Powers Contained in the said last-men-
tioiied Act shall continue and remain in such Office until this Act
shall come into oper
a
t'
1011.
All
con-
SII.
Ancl be it enacted, That on and after the
Pay
on which this
tracts, Src.
Act shall come into operation all Cont,racts, Assurances, Acts, and
under local
Acts
Inay
lie
Proceedings entered into, made, or transacted with
or
carried on by
enforced
by
or
against, and
all
Forfeitures, Penalties, and other Obligations
iin-
01-
against
posed upon such Commissioners respectively, in relation to the Exer-
Mayor2
cise and Execution
by
them of the several Powers, Authorities, and
&c., and
Courlcil
Provisions in the said recited Acts or any of them contained,
so
far as
respectively
the
saine
relate to the said Rorou~h, shall be incumbent upon, carried
on
by,
and enforced by and against the said ,\layor, Aldermen, and
Burgesses, in the same Xanner and as fully
as
the same might have
been carried on by and eiiforced by
or
agahst the said Commissioners
respectively if this Act had not been passed.
911
Acts
required
to
be
done
by
Commis-
sioners,
Src.,
to
be
here-
after per-
formed
by
the
Conncil,
biC
SIII.
And be it enacted, That
all
Matters and Things
by
any Act
of the present
or
any foriner Session of Parliament required to be
done to the Satisfaction
or
with the Approval of the Commissioners
nanied in the said recited Acts
or
any of them,
or
of the Surveyors
or other Officers appointed by them, shall hereafter be done through-
out the Limits of the said Eorough to the Satisfaction and with
the
Approval of the Council of the said Borough, or the Surveyors
or
other Officers
by
them appointed under the Provisions of this Act;
and
all
aiid every the Provisions in any such Act relating to the said
Coniinissioners, or their Surveyors
or
Officers, shall hereafter be con-
strued and applied throughout the said Borough
as
if the said Council,
or their Surveyors
or
Officers, had been named in such Acts, instead
of the said Commissioners, their Surveyors or Officers respectively.
Certain
SIV.
And be
it
enacted, That every Clerk
or
Treasurer
or
other
Person holding any Office of Profit in the Borough in respect of the
Oficers
to
receive
Com-
pensation,
Execution of any of the Duties hereby vested
in
or
imposed upon the
and Mode
of
Council, whether appoint,ed uiider such Coiiiiiiissioners
or
otherwise,
and
4249
1
and who shall not be employed and retained by the Council
in
an
ascertaining
Office
of
equal Value under this Act, shall be entitled to have an
Compensa-
adequate Compensation, by way of Aniiuity
or
otherwise, to be
t'on*
assessed by the said Council, for the Salary, Fees, aid Emoluments of
his Office which lie shall cease to hold, Regard being had to the Manner
of his Appointment to the said Office, and his Teim or Interest
therein, and all other Circumstances of the Case
;
and every Person
entitled to such Compensation
as
aforesaid shall, within Three Months
after the Day when this Act shall have come into operation, deliver
to the Town Clerk a Statement under his Hand, setting forth the
Amount received by him
or
his Predecessors in every Year during
the Period of Five Years next before the Day when he shall have
ceased to hold his said Office,
or
during such shorter Period as the
Ofice which such Person may hold shall have been established, on
account of the Salary, Fees, Emoluments, Profits, and Perquisites
i
n
respect whereof he shall claim such Compensation, and containing a
Declaration that the same is a true Statement, according to the best
of the Knowledge, Information, and Belief of such Person, and also
setting forth the Sun1 claimed by him as such Compensation
;
and the
said Town Clerk shall lay such Statement before the Council, who
shall take the same into consideration, and determine thereon: Pro-
vided always, that if the Council shall not determine on such Claim
within Six Xonths after the aforesaid statement shall be delivered to
the Town Clerk, such Claim shall be considered as admitted: Pro-
vided also, that if any Meniber of the said Council shall
so
require,
the Person preferring such Claim, upon receiving Notice in Writing,
signed by the Town Clerk, shall atteiid at any llleeting
or
adjourned
Meeting of the said Council, or any Comniittee thereof, to which the
Investigation of such Claim may be referred by such Council, and then
and there answer
all
such
Questions as shall be asked by any Member
of
the said Council or Committee touching the Matters set forth in the
Statement subscribed by such Person as aforesaid, and produce all
Vouchers,
Books,
Papers, and Writings in his Possession, Custody, or
Power relating thereto
;
and immediately upon a Determination being
made the Person preferring such Claim shall be informed of the Par-
ticulars of such Determination by Notice in Writing under the Hand
of the Town Clerk; and in case the Person preferring such Claim
shall think himself aggrieved by the Determination of the Council
thereon,
it
shall be lawful for him
to
appeal to the next General
Quarter Sessions of the Peace to be holden for the said Borough
;
and
the Recorder shall thereupon hear and determine such Appeal, and
award the Amount of Compensation, if any, which the Party ought to
receive, and shall order such Costs to be paid by either Yarty as to
him may Beem fit; and the said Council shall from Time to Time
pay to every such Person entitled to such Compensation
as
aforesaid
the Monies
or
Annuity
so
granted or determined as and for Compen-
sation, when and as the same shall respectively become due and pay-
able; and every Order niade on such Appeal may be removed by
Writ of Certiorari into any of the Superior Courts
;
any thing in this
Act contained to the contrary thereof notwithstanding.
XV.
And be
it
enacted, That if the Compensation payable to any
if
cornpen-
such Clerk, Treasurer, or other Person
as
aforesaid shall be by way
sation pay-
of
able
toclerk,
2492
&c.
be by
way
of
Annuity, the
same
to
be
secured by
Bond.
Expences in-
curred by
Commis-
sioners in
endeavouring
to
promote
Two
Bills
for
extending
their
Powers
to be paid
in the same
Manner as
other
Debts
of the
said
Comniis-
sioners.
And
also
all
Expences
incurred
in
reference to
a
Bill
for
amending
of
Annuity, siicli Annuity slid1
he
secured to such Clerk, Treasurer,
or
other Person by
Ihnd
or Obligation under the Common Seal of the
saicl Mayor, Alderinen, and Burgesses, in
a
sufficient Penalt,y, con-
ditioned for the Payment to such Clerk, Treasurer,
or
other Person,
his Executors, Administrators, or Assigns, of such Annuity, with
all
Arrears thereof, if any, accrued before the Date of such Bond;
and such Dond
or
Obligation shall be prepared and executed at
the Expence of the Fund
by
this Act inacle chargeable with such
Annuity, and shall be delivered to the Person entitled to stich Com-
pensation
as
soon
as
conveniently inay be after the Amount thereof
shall have been admit,ted
as
aforesaid by the Council of the Borough,
or shall have been determined, in the event of such Appeal
as
afore-
said, by the Order of the said General Quarter Sessions
or
of any
Superior Court: Provided always, that the Payment of such Annuity
shall be
a
primary Charge upon the general liate
by
this Act autho-
rized to be levied, and shall not be
n
Charge upon the Borough Fund
of the said Borough, or upon the Estate of the said Mayor, Aldermen,
and Burgesses, unless
it
shall happen that in any Year the said
geiiersl liate shall be insufficient for the l’nynieiit thereof.
XVI.
And
whereas the said Commissioners for the better Paving
and Sewerage of the Toivn of
LirerpoZ,
acting in pursuance of the
said Second, Third, ancl Seventh recited Acts, have in this present
Session of Parliarneiit incurrred certain Expences in and about the
Promotion of
Two
certain Bills, intituled respectively
A
Bill
for
the
better
Pcicinq
ancl
Sezl;eraye
of
the
Borough
of
Liverpool,
and
for
the
bettel.
suppZying
the
1nhubitant.s
tliercof
tcith
IVater,
and
A
Bill
foy
bettel.
supplying
the
Eoi*ough
of
Liverpool
tdth
JT’uter, which Bills, in
compliance with the Opinion
expressed
by
the Rate-payers of the
Parish
of
Liz$erpool,
have been abandoned
;
be
it
enacted, That
all
the
Costs, Charges,
and
Expences incurred by the said Commissioners
preparatory to and in and about tlie applj-ing for and endeavouring to
obtain the said Cills or either of them, and all other Costs, Charges,
and Expelices incurred
by
the said Commissioners in any Manner
incident to the Promotion of
said
Bills
or
either of them, or to with-
drawing the same, shall be and be deemed to be Costs, Charges, and
Expences incurred by the said Commissioners in pursuance of and
under the Authority of the said Second, Third,
and
Seventh recited
Acts,
or
some or one of them,
and
shall be paid and discharged in the
same Manner
as
other Debts
and
Liabilities of the said Commissioners
are
by
this Act directed to be paid and discharged
;
and
it
shall be
lawful for tlie said Commissioners to apply any Monies nom in their
Hands,
or
which niay
at
any Time hereafter be received
by
them under
the Authority
or
by
virtue
of‘
the said Second, Third, and Seventh
recited Acts, or any or either of them, in and towards Payment of
such Costs, Charges, and Expences, in such Proportions ancl in such
&lanner as they shall think proper.
XT’II.
And whereas tlie said Commissioners acting under tile
recited 14ct, intituled
An
Act
for
better
patiiiqj
uizcl
ainprovin,q
the
Styeets
ancl
IIhghzcuys
zcithin
tlre
~~~,?:t,.ci-~,“1.ocl~ial.”ce
of
Toxtetli Park,
nncl
for
the
Sezcernye
of
certain
Parts
of
the
said
Place,
at the Instance
of
the Rate-paprs of the said Extra-parochial
Place
of
Tozteth
Pork
applied
2493
applied for an Act to amend the said Act, and to confer additional
recited Act
Powers for the better paving and improving. the said Extra-parochial
5
&
6Vict.
C.
105.,
and
Place
;
but in consequence of the Introduction
of
this present Act
of
Improve-
Parliament,
by
which the Powers of the said Commissioners,
so
far
as
ments
of
the same could be exercised within that Part of the said Extra-parochial
Toxteth
Place of
Tozteth
Park
coinprised in the municipal Boundary of the
Park.
Borough of
Liverpool,
the said Application was necessarily abandoned,
as
interfering with the Objects of this Act; be it therefore enacted,
That all
Costs,
Charges, and Expences incurred by the said Commis-
sioners preparatory to and in aid aboiit the applying
for
and
endeavouring to obtain such Act
as
aforesaid, and
all
other Costs,
Charges, and Expences incurred
by
the said Commissioners in any
Manner incident to the Promotion of the said Bill, shall
be
deemed
to
be Costs, Charges, and Expeiices properly incurred
by
the said Com-
missioners in pursuance of the Powers vested in them
;
and
it
shall be
lawful for the said Commissioners
t80
apply to or towards the Payment
thereof any Monies in their Hands, or which may at any Time here-
after be received by them under the
Powers
vested in them.
Council from Time to Time to provide and maintain
a
fit
and con-
Pravidea
venient public Office
or
Offices within the said Borough, for holding
for
llolding
the Meetings and transacting the Business of the said Council
or
any
Meetings
Committee thereof, in relation to this Act, and for the Use of their
and
trans-
Officers, and for the holding of such other public Xeetings and trans-
acting
Business.
acting such other public Business relating to the said Borough
as
the
said Council shall from Time to Time direct,
or
allow
to be held
or
transacted therein, and
also
to provide Lands and Buildings
fit
and
convenient for the Deposit of the Dung, Ashes, and other Filth to be
taken and collected under the Authority of this Act, for the depositing
of Stone and other Materials for the Streets, and
for
the Accomnio-
dation of all Horses,
Carts,
Tools, Implements, arid other Articles,
Matters, and Things required for the Purposes of this Act
;
and for
any of such Purposes
it
shall be lawful for the said Mayor, Aldermen,
and Burgesses to purchase or hire any Lands, Xessuages,
or
Buildings,
or
any
Part
of
any
such Lands, Messuages,
or
Buildings, which shall
by
the said Council
be
considered necessary, of and from any Person
who
shall be willing to sell or let the same,
or
otherwise
to
cause any
new Erection
or
Building
to
be made upon any Land
or
Ground which
shall be purchased or hired under the Provisions of this Act.
XVIII.
And be
it
enacted, That
it
shall be lawful for the said
Councilmay
public
Office
XIS.
And bc
it
enacted, That
it
shall be lawful for the said Council
Power to
to enter into Contracts with
any
Person
or
Persons for the Execution of
Council
to
enter into
any
Works
directed or authorized
by
this Act to
lic
done,
or
for furnishing
Materials,
or
for
any
other Xatters
or
Things whatsocvcr necessary for
the Purposes
of
this Act
;
and
every
such
Contract shall be in Writing,
and shall specify the several
Works
to be done, ancl the lhterials to he
fLirriished, and the Prices
to
be paid for the
suiiie,
and the Time
or
Times
mithin mhich the said
Works
are to be completed, and the Penalties to
b
c
sufferccl
in case
of
Noirperforniance thereof,
ancl
shall
be
uiider the
Coininon Seal of the said Mayor, dlderincn, and Burgesses,
ancl
shall
also
be
duly executed
by
the l'ersoii
or
l'ersons
contracting to perform
such
Work
or
Wor1;s
reipectively
;
and
such
Contract
sliall
be liinding
[Locnl.]
25
c
011
2494
the Town
Clerk.
Authenti-
cation
of
Notices.
Council
to
appoint
a
local Sur-
veyor.
Council
to
appoint
a
Clerk and
other
Officers.
Offices
of
Clerk
and
Treasurer
not
to
be
held
by
the
on
the said Mayor, Aldermen, and Burgesses, and Actions and Suits
may be maintained thereon, and Damages and Costs recovered,
by
or
against the said Mayor, Aldermen, and Burgesses,
or
the other Parties
failing in the Execution thereof; and
a
Copy of every such Con-
tract shall
be
entered in
a
Book
to
be kept by the Town Clerk
for that Purpose; and the said Council shall and they are hereby
required to take Securit,y for the due and faithful Performance
of
such Contracts.
Service
of
Notice
on
Council may
he
left
wit11
XX.
Bnd be
it
enacted, That any Summons, Notice, or Writ, or
other Proceeding
at
Law
or in Equity, required
to
be served upon the
said Mayor, Aldermen, and Eurgesses, or the Council,
for
the l'ur-
poses
of
this Act, may lawfully be served by leaving the same at the
Office of the Town Clerk.
XXI.
And be
it
enacted, That every Summons, Demand, or Notice,
or other like Document given under the Provisions
of
this Act, may
be in Writing or Print,, or partly in Writing
or
Print, and shall be
sufficiently authenticated if signed
by
the Mayor or Town Clerk, or
the Chairman of any Meeting
of
the Council, or
of
any Committee
thereof, acting in execution
of
any of the Powers
of
this Act, and need
not be sealed with the Common Seal.
XXII.
And be
it
enacted, That the said Council shall and they are
hereby authorized and required to appoint, subject to Approval by
One
of
Her Majesty's Principal Secretaries
of
State, and with such
Salary as they shall think fit, to be paid out
of
the Monies to be raised
by
virtue
of
this Act, a Person duly qualified as
a
Civil Engineer
to
act as
a
Iocal Surveyor
of
the Drainage and other Works authorized
under the Provisions
of
this Act; and if any such Surveyor shall die,
resign, or be removed, the said Council shall, with the like Approval,
appoint another Person
so
duly qualified in the Room
of
the Surveyor
so
dying, resigning, or being removed.
XXIII.
And be
it
enacted, That the said Council may from Time
to Time appoint and employ
a
Treasurer,
a
Clerk or Clerks,
a
Collector
or Collectors of the Rates or Assessments herein-after mentioned, and
of
any other Monies to be paid under
or
by
virtue of this Act, and all
such other Officers and Persons to assist in the Execution
of
this Act,
as
the said Council shall think necessary and proper, and may from
Time to Time remove such Treasurer, Clerks, Collectors, and other
Officers and Persons, and appoint others in the Room of such
as
shall
be
so
removed,
or
as
may die, resign, or discontinue their Offices, and
out
of
the Monies to be raised for the Purposes of this Act shall pay
such Salaries, Wages, and Allowances to the said Officers and Persons
respectively
as
the said Council shall think reasonable.
SSIV.
And
be
it
enacted, That neither the Person who shall hold
the Office of Clerk, nor the Partner
of
such Clerk, nor any Person in
the Service or Eniploy of such Clerk or
of
his Partner, shall be
elipible to be Treasurer
;
and that neither the Person who shall be the
0
same Person.
Treasurer, nor the Partner of such Treasurer, nor any Person in the
Service or
Employ
of
such Treasurer
or
of
his
Partner,
shall
be
eligible
9'
t4
10"
VICTORIA;:,
Cu,p.
cxxvii.
2495
'eligible to bc the Clerk; and if any Person offend in any of the
Penalty.
following Cases he shall forfeit One hundred Pounds
;
(that
is
to say,)
If any Person accept both the Office of Clerk and Treasurer
:
If any Person, being the Clerk,
or
the Partner of such Clerk,
or
in
the Service
or
Employ of such Clerk
or
of his Partner, accept the
Office of
Treasurer,
or
act
as
Deputy of the Treasurer,
or
in any
Manner officiate for the Treasurer
:
If any Person, being the Treasurer,
or
the Partner of such Treasurer,
01'
in the Service
or
Ernploy of such Treasurer
or
of his Partner,
accept the Office of Clerk,
or
act as Deputy
of
such Clerk,
or
in
any Manner officiate for such Clerk:
If any such Clerk
or
Treasurer shall hold any Place of Profit
or
Trust under the
said
Council other than that of Clerk or Treasurer,
as
the Case may be:
And any Person may sue for such Penalty, either
by
Action of Debt
or
on the Case,
in
any
of
Her Majesty's Superior Courts of Record, and
shall on Recovery thereof be entitled to full Costs
of
Suit.
XXV.
And be
it
enacted, That if any such Treasurer, Clerk,
Sur-
Officer
veyor, Collector,
or
other Officer employed by the
said
Council under
taking
to
lose
his
the Provisions
of
this Act shall exact, take,
or
accept, on account of
Office,
any
thing done
by
virtue of his Office,
or
in relation to the Functions
forfelt
501.
of the said Council, any Fee
or
Reward whatsoever other than the
Salary, Rewards,
or
Allowances allowed
or
sanctioned
by
the said
Council,
or
be in anywise concerned
or
interested in any Bargain
or
Contract made
by
the said Council, he shall be incapable
of
being
afterwards employed by the said Council, and he shall forfeit Fifty
Pounds
;
and any Person may sue
for
such Penalty, either by Action
of Debt
or
on the Case, in any of
Her
Majesty's Superior Courts of
Record, and shall on Recovery thereof be entitled to f~dl Costs of
Suit.
XXVI.
And
be
it
enacted, That before any Person intrusted with
Mayor,
&C.
the Custody and Control
of
Monies, whether Treasurer, Collector,
or
to
take
other Officer
of
the Council, and appointed under this Act, shall enter
~~r~&ccrs
upon his Oflice, the
said
Mayor, Aldermen, and Burgesses shall take
intrusted
sufficient Security from him for the faithful Execution of his Office.
with
Money.
XXVII.
And be
it
enacted, That every Officer appointed
or
em-
Officers
to
ployed by the said Couiicil by virtue of this Act shall, froin Time to
account.
Time when required by the said Council
or
by
any Comniittee thereof,
make out and deliver to them,
or
to any Person appointed by them for
that Purpose,
a
true and perfect Account in Writing under his Hand
of
all
Monies received by him on behalf' of the said Mayor, Aldermen,
and Burgesses,
or
of
the said Council
;
and such Account shall state
how, and to
whom,
and for what Purpose such Monies have been dis-
posed of; and, together with such Account, such Officer shall deliver
the
Vouchers and Receipts for such Payments
;
and every such Officer
shall
pay to the said Mayor, Aldermen, and Burgesses,
or
the said
Council,
or
to any Person appointed
by
them respectively to receive
the
same,
all
Monies which shall appear to be owing froin him upon the
Balance of such Accounts.
SXVIII.
And
8496
&C.
Officers
refusing
to
deliver up
Documents,
Bc.
to be
imprisoned.
Where
Ofti-
cer about
to
abscond,
a
Warrant
may
be
issued
in
the first
instance.
~enalty
on
SSVIII.
And
be
it enacted, That if any such Officer fail to render
Parties
such Account,
or
to produce and deliver
up
all the Vouchers and
to
Receipts relating to the same, in his Possession
or
Power,
or
to pay the
account
or
to
deliver
Balance thereof,
when
thereunto required, or if for Five Days after being
up Vouchers,
thereunto required he fail to deliver up to the said Mayor, Aldermen, and
Burgesses, or to the said Council,
or
to any Person appointed by them
to receive the same,
all
Papers and Writings, Property, Effects, Mat-
ters, and Things, in his Possession or Power, relatilip. to the Execution
of this Act, orJelonging to the said Mayor, Aldermin, and Burgesses,
or
the said Council, then, on Complaint thereof being made
to
a
Justice,
such Justice shall suiiimoii such Officer to appear before Two or more
Justices, at
a
Time and Place to be set forth in such Summons, to
answer such Charge
;
and upon the Appearance of such Officer, or in
his Absence upon Proof that such Summons
was
personally served
upon him, or left at liis last known Place of Abode, such Justices may
hear and determine the Matter in
a
summary Way, and may adjust
and declare tlie Balance owing
by
such Officer
;
and if
it
appear, either
upon
Confessioii of such Officer, or upon Evidence,
or
upon Inspection
of the Account, that any Monies of the said Mayor, Aldermen, and
Burgesses, or of the said Council, are in the Hands of such Officer, or
owing by him to the said
Nayor,
Aldermen, and Burgesses, or the said
Council, such Justices may order such Officer to pay the same
;
and if
he fail to pay the Amount it shall
be
lawful for such Justices to grant
a
Warrant to levy the same by Distress, or in default thereof to commit
the Offender to Gaol, there to remain without Bail for
a
Period not
exceeding Three Months, unless the same be sooner paid.
XXIX.
And be it enacted, That if any such Officer refuse to make
out such Account in Writing, or to produce and deliver to the Justices
the several Vouchers and Keceipts relating thereto, or to deliver up
any
Books,
Papers,
or
Writings, Property, Effects, Matters,
or
Things,
in his Possession or Power, belonging
to
the said Mayor, Aldermen,
and Burgesses, or the said Council, such Justices may lawfully commit
such Offender to Gaol, there to remain until he shall have delivered up
all
tlie Vouchers and Receipts, if any, in his Possession or Power,
relating to such Accounts, and hare delivered
up
all Books, Papers,
Writings, Property, Effects, Xatters, and Things, if any, in his Posses-
sion or Power, beionging to the said Mayor, Aldermen, and Burgesses,
or to the said Council.
XXX.
Provided always, and be
it
enacted, That if any Person
acting on behalf of the said Council shall make Oath that he
has
good
Reason to believe, upon Grounds to be stated
in
his Deposition, and
does believe, that
it
is the Intention of any
such
Officer
as
aforesaid to
abscond, it shall be lawful for the Justice before
whom
the Coinplaint
is made, instead of issuing his Suniiiions, to issue his Warrant for
bringing such Officer before
Two
Justices, but no Person executing
such Warrant shall keep such Officer in Custody longer than Twenty-
four
Hoiirs
without bringing hiiii before
some
Justice
;
and
it
shall be
lawful for the Justice before whom such Officer may be brought, either
to
discharge such Officer, if he tliiiik there is no sufficient Ground for
liis Detention, or to orcler such Officer to be detained in Custody,
so
as to be brought before
Two
Justices at
a
Time and Place to be named
in
9"
&
10"
VICTOR
TIE,
Cup.
cxxvii.
2@7
in such Order, unless such Officer give Bail, to the Satisfaction
of
such
Justice, for his Appearance before such Justices, to ans\ver the Com-
plaint of the
said
Council.
XXSI.
hid
be it enacted, That
no
such Proceeding against
01'
Proceeclings
Dealing with any such Officer
as
aforesaid shall deprive the said
not
to
Mayor, Aldermen, and Burgesses, or the Council, of any Remedy
which they might otherwise hare against any Surety of such Officer.
XXXII.
And be
it
enacted, That the said Council shall cause Books
Accounts
to
to
be provided and kept, and true and regular Accounts
to
be entered
be
kel)t
Of
Receipts
and
therein
of
a11
Sums of i\loney received and paid for and on account of
Disburse-
this Act, and of the several Purposes for which such
Sums
of Money
ments, w~iic~i
shall have been received and paid, which Books shall
at
all
seasonable
shall
be
Times be open to the Inspection of any Member
of
the said Council,
Open
to
or any Mortgagee
or
any other Creditor having Security on the Rates
by
this Act authorized to be imposed and levied, without Fee or
Reward
;
and
any
of
such Persons may take Copies of
or
Extracts from
the said
Books
without paying any t,hing for the same
;
and any Clerk
or
other Person having the Custody of the said Books, mho shall not
on
any reasonable Deiiiand periiiit any such Person
as
aforesaid
to
inspect
the said
Books,
or
to take such Copies or Extracts as aforesaid, shall
forfeit ancl
pay
for every such Offence
a
Sum not exceeding Five
Pounds; and such Accounts shall be examined and audited at the
same
Time mid in the same Rlanner in all respects
as
the Accounts
of the said Borou@i are directed to be examined and audited by an Act
passed in the Session
of
Parliament held in the Fifth and Sixth Years
of the Reign of His late Ilajesty King
Jli'llinm
the Fourth, intitulcd
5
&
6
W.
4.
An
Act
to
provide
for
the
Regulation
of
Ntmicipal
Coryorations
in
c.%*
England
ancl
Wales.
XXXIII.
And be
it
enacted, That the said Council shall cause
a
Council
to
Map and Plan to be made of the said Borough, on
a
Scale not less
Provides
Map
and
than Sixty Inches
to
a
Mile, and shall cause to be marked thereon the
Plan
of
tile
Coiirse of all existing Sewers and Drains, as far as they can be ascer-
Borougll,
to
tained, the Lines
of
Pipes or Concluits for the Collection aiid Distri-
be
kept
at
bution
of
Water, also the Course of the Pipes for the Distribution of
$~1~~~~
to
Gas, and such other TYorks with such other Particulars as the Case
I-,e
open
to
inay require, aiicl
ghall
cause the said
Map
to be from Time to Time
Inspection.
altered aiid amended, and Additions made thereto, as may be required
;
and such Map, or
a
Copy thereof, with the Date expressed thereon of
the last Time it shall liave been
so
corrected
and
amended, shall be
kept at the Town Hall, and
shall
be open
at
all seasonable Hours
to
the Inspection of the Owners or Occupiers of any Lands or Tenements
within the said Borough.
Inspection.
SSSIV.
And
be
it
enacted, That the said Council shall cause to
Co11tour
be inscribed on such
Nap
and Plan
a
Series of
;\larks
or Figures,
Lines
to
be
denotiiig
a
complete System
of
levelling, exhibiting the true Form or
zT:e:n:*l
Iielief
of
the Ground in the
Dorough
or District, and shall also cause
~~~,~l~
~~~k~
to
be
cl~awn,
wherever practicable, Lilies of equal Altitude, coniiiionly
to
be
made.
called Contour Lines,
at
every Four Feet
of
Elevation, or at such
other
1ntcrr:ils
as
inny
appear, upon
due
Inquiry, to be the best
[
Locnl.
]
28
D
ad apt
ecl
2498
..
Cq1
CXXVIl
.
adapted for the Guidance of Works of Sewerage .znd Drainage, for the
Collection and Distribution of Water, and for other public and private
Purposes within the said Borough, and shall also cause proper Bench
Marks
to
be inscribed and marked at convenient Distances and Places
at
the Corners
of
Streets, on Posts, Houses,
or
other prominent Objects
witshin the said Borough,. which Bench
3larks
tlie said Council are
hereby authorizecl to inscnbe.
Ord
iian
ce
XXSV.
Provided always, and be
it
enacted, That if any Survey
of
Surveys tobe
the said I3orough shall have been made under the Directions of
Her
ProcureL’.
Majesty’s
Board
of
Ordnance, upon
a
Scale
of
not less than Sixty
Inches to the Jlile, it shall be la~vful for One of Her Majesty’s Priiici1)al
Secretaries of State to direct
a
Copy of such Survey to be procured
for the Use of the said Council, who shall cause any AdditiGns to be
made thereto which shall appear to be requisite for the Guidance of
future Improveinents to be made within the said Borough; and
it
shall be lawful for the said Council to cause every such Plan
to
be
engraved, printed,
or
lithographed, and coloured in such Manner as
inay
appear
to them most convenient; and the Costs of every
such
Map
or
new Survey shall be paid out
of
the Sewer Rate herein-after
authorized to be levied.
Mayor, Al-
XXSVI.
And be
it
enacted, That the
said
Mayor, Aldermen, and
dermen~
Bureesses shall be and they are hereby declared to be the Surveyors
Burgesses
to
be
Surveyors
of Highways within and throughout the said Borough., and shall have
OfHighways.
and they are hereby invested with, and
by
the said Council may
exercise, all such Powers and Authorities as any Surveyors of High-
ways in that
Part
of
the United Iiingdom called
England
are or
shall
be
invested with by virtue of the Laws now
or
hereafter to be in
force, and shall also be subject to all the Liabilities to which Sur-
veyors of Highways are nom by
Law
subject
or
may hereafter become
subject.
Control
of
XXXVII. And be
it
enacted, That the Management and Control
the Streets
vested
in
tile
over all and every of the Streets within the said Borough existing and
fiIayor,
AI-
being at the Time when the Provisions
of
this Act shall come into
clermen,
and
operation, or which shall thereafter be made, (not being Turnpike
Burgesses.
Roads,) ancl the Pavements and other Materials
as
well in the Foot-
ways
as
Carriageways
of
the said Streets, and
all
Ejections and Uuild-
ings, Xaterials, Implements, and other Things, provided for the
Purposes of the
said
Highways
by
the Surveyors of the Highways,
or
by
the said Commissioners, under the herein-before recited Acts
respectively,
or
by
the said Mayor, Aldermen, and Burgesses,
or
the
said Council, shall be the Property of and are hereby vested in the said
Jfayor, Aldermen, and Burgesses.
Power fw
SSXTTIII.
And be
it
enacted, That
it
shall be lawful for tlie said
Council
to
Council
from
Time
to
Time to cause
all
or
any of the Streets witliin
came
tlie
Streets
to
be
the said Borough
so
vested in the Ilayor, Aldermen, and Burgesses as
paved.
aforesaid, or any Part thereof, to be formed, paved,
or
flagpd, and
the Ground
or
Soil thereof to be raised, lowered,
or
altered, in such
Manner ancl with such Materials as they shall think proper, and also
to pave
or
make, with such Materials
as
they shall think fit,
an>-
Causeways, Yavements,
or
Footways
for
the
Cse
of
l’assengers in
or
011
9499
on the Sides of any such Street,
or
elsewhere within the said Rorongh,
ancl
to cause such Streets, Causeways, and Footways to be repaired
from Time to Time
as
may be required: Provided always, that if in
consequence of carrying the said Power and Authority into execution
any Alterations
of
any Steps,
Doors,
or
Entrances into any Houses or
Buildings,
or
of
any Pavement, Sewer, or Drain adjoining or belonging
to
any Property, shall be rendered necessary, such Alteration shall be
made by the said Council
by
and out
of
the Rates to be raised
by
virtue
of
this Act.
XXXIX.
And whereas it would conduce to the Convenience ancl
Streets not
Health of the Inhabitants, and be for the public Advantage, if
Pro-
Hi&va~s
vision were made
for
the levelling, paving, and flagging
of
Streets
levelled
may
be
which have been laid out and formed
by
Persons who have neglected
to have the same properly levelled and paved, and which have not
become Highways repairable
by
the Inhabitants
at
large, and for
preventing such Inconveriiences in future
;
be
it
therefore enacted,
That where any such Street
or
Part of
a
Street, being
a
Carriageway,
is now
or
shall
at
any Time hereafter be formed
or
laid out within the
said Eorough, and shall not, together with the Footways thereof, be
sufficiently levelled, paved,
or
flagged, it, shall be lawful for the said
Council at any Time, after giving such Notice as is herein-after
pro-
vided, to cause any such Street and the Footways thereof to be freed
from Obstructions, and to be properly levelled, made, pnved,
or
flagged,
and channelled, in such Way and with such Materials
as
to them
shall seem most expedient
;
and the whole of the Cost, Charges, and
Expences attending the same shall be paid and reimbursecl to the said
Council, in the Manner and at the Times herein-after provided, by the
Owners
oi
the Houses, Buildings, and Lands abutting on each such
Street, the Proportion
of
such Costs, Charges, ancl Expences to be
ascertained
by
the Surveyor appointed under this Act
for
the Time
being: Provided always, that every such Owner
as
aforesaid who
shall have
well
and substantially, and to the Satisfaction
of
the said
Council, levelled, made, paved,
or
flagged and channelled such
Pro-
portion
of
the
said
Streets, and of the Footways thereof,
as
may be
opposite to and fronting any House, Ruildine,
or
Land belonging to
such Person, shall stand discharged from malimg any such Payment
ancl Reimbursement
as
aforesaid
to
the said Council in regard to the
Pavements of any such Street.
SI,.
And be it enacted, That
no
such Street
shall
be considerecl
Streets
to
be
to
have been sufficiently paved and flagged unless the same shall
complcted
Curb-
he
completed with Curbstones and Gutters to the satisfaction
of
the
stones
Council.
Gutters.
XLI.
And be
it
enacted, That when any such Street
or
Part
of
a
Certain
Street shall hwe been levelled, made, paved, or flagged
by
the said
Streets,
after
Couiicil, the same
shall
be certified
by
Writing under the Hands of
being
to
pave:!,
be
their Surveyor
;
and such Street
or
Part
of
a
Street shall thereupon
IIigll\rnys.
be
a
public Highway, ancl be vested in the said Mayor, Aldermen, and
Burgesses, and shall be repaired and repairable from Time
to
Time by
the said Council in such and the same Manner
as
the other public
Streets within the said
Borough
are
or
may be repaired or repairable
;
311d
9500
9"
&
IOo
VICTORIA,
Capcxxvii.
and every sucli Cert,ificate shall be transcribed in and recorded amongst
the Proceedings of the said Council.
Streets
inay,
XLII.
And be
it
enactecl, That
if
any Street within the said
on
the
Borough, being
a
Carriageway, shall
at
any Tirne be made, paved,
Application
of
Owner,
be
flagged,
aiid
put into good Order and Condition to the Satisfaction of
declared
the said Council, then, on the Application of the Persons being the
Highvays.
Owners of the Houses or Buildings acljoiriing to or abutting upon
such Street, or being the Owners of the greater
Part
in
Extent
of
such
Houses or Buildings,
by
Writing under their Hands, inade to the said
Council, it shall be lawful for the said Mayor, Aldermen, and Bur-
gesses, by Writing with their Common Seal attached thereto, to
declare the
same
to be
a
public Highway,
and
after such Decalaration
tlie
same
shall be
a
public
I-Iighway,
and
for ever afterwards rested
in the
said
Mayor, Aldermen,
and
I3urgesses, and shall be repaired
and repairable by the said Council,
under
the Authority and Powers
of this Act.
Courts
and
Passws
to
be
flagged
and
clian-
nelled.
XLIII.
And be
it
enacted, That every Court and
Passap
within
the Borough shall be ~vell and sufficiently, to the Satisfaction of the
Couiicil, flagged and channellecl by Owners of the Houses, Buildings,
and Lands abutting thereon, and having the Right to the
Use
thereof;
and
if any such Court
or
Passage shall not be well
aiid
sufficiently
flagged
and
channelled as aforesaid, and kept in good Repair to the like
Satisfaction,
it
shall be lawful
for
the Council to cause the ssine to be
done
;
and the whole
of
the Costs, Charges, and Expences attending
the same shall be paid and reimbursed to the said Council in the
Manner herein-after provided by the
Omiiers
of the Houses, Buildings,
and Lands abutting on such Court
or
Passage, and having the Use
thereof, in such Proportions
as
the said Surveyor shall determine.
Level.;
of
XLIV.
And
be
it
enacted, That tlie Levels
of
every
new
Street or
llew
Streets
intended
iiew
Street which shall
be
niade or laid out within the said
to
be
fixed
Borough shall be fixed by the said Surveyor, under tlie Direction
of
by
the Sur-
veyor
the said Council or
some
Cornniittce thereof; and every Person mho
theDirectinn
shall
intend to lliake or
lay
out any new Street, whether the
same
be
of
tlie
intended to
be
used
as
a
public
Way
019
not, shall give
or
c:iuse
to be
Counci'.
given to tlie said Council Notice
of
sucli Intention
by
~riting
deli\weci to the said Surveyor or left
at
his Office
at
least Fourteen
Days
before the Coniniencement
of
such
Work
;
and cvery such Person
shall
at
the
Time
of giving such Kotice leave or cause to
be
left at
the Office of the said Surveyor
a
Plan of such intended new Street,
drawn to
a
Scale of not less than
One
Inch for cvery Four Feet, and
the Level
so
fixed shall thereafter
be
kept
and observecl by
all
Persons
raising any House or other Building in the siticl Street: I'rovided
nevertheless, that in case tlie said Council sliall
fd
to cause
such
Level to
be
fixed witliin the
Space
of Six Weels from the Tirne
of
tlie
Jklivery
of
such Sotice
as
aforesaid, it shall bc lawful for tlic Person
causing such Street
to
be made or laid out
to
proceed with the same
as
if sucli
lied
liad
been fixed
:is
nforesaid
;
and
in every such Case
cvery Change of the Led which the said Council shall aftern-ards
deein rcquisite,
and
of the n'orks consequent thereon, shall be
niade
by tlie
said
Council, and the Expence thereof shall
lie
defraj-ed out of
the
..
9"
&
10"
VICTORIB,
Cup.
cxxvi1.
2501
the Paving Rate
;
but in case such Person
so
intending to make
nr
lay
out any new Street,
as
aforesaid shall neglect to cause such Notice
to be given as aforesaid,
or
shall neglect to deposit such Plan
as
aforesaid,
or
shall not keep the Level
so
fixed
as aforesaid, then a11
the Espences consequent
upon
the Change of any Level of the said
Street which shall be deemed requisite by the said Council shall
be
defrayed
by
the Person causing such new Street to be made
or
laid
out, which Expences shall be recovered
as
any Penalty under the
Provisions of this Act
;
and such Person
so
oflencling shall moreover
forfeit
a
Sum not exceeding Five Pounds, and
cz
like Sum
for
every Day
during which such Default shall continue.
XLV. And be
it
enacted, That on and after the said Day on which
Regulatin$
Width
of
this Act shall come into operation it shall not be lawful to form, lay
new
out, or build any new Street,
or
Part thereof, within the said Borough,
unless the same, being
a
Carriage Road, shall (measuring from the
Buildings or intended Buildings therein at the Level of the Surface
of
the Roadway of such Street) be at least Thirty Feet wide; and in
every such Street there shall be at least
a
clear Space for the
Bed
of
the Street of not less than Twenty Feet in Width, with
a
sufficient
Footway on each Side thereof of not less than Fire Feet in Width, clear
of any Steps
or
other Projections, ancl in the like Proportion for Streets
of
greater Width
;
and
no Dwelling House shall be built in any such
Street which shall exceed in Height the Width of such Street, measnr-
ing from the Front of the Buildings or intended Buildings on each
Side thereof.
XLVT. And be
it
enacted, That from and after the Day on which
Regulating
'
this Act shall come into operation
it
shall not be lawful to form, lay
Widthof
new
out, or build,
or
to perinit
or
suffer to be formed, laid oiit,
or
built, any
Court, unless the same shall be of
a
clear Width
of
Fifteen Feet, mea-
suring from the Buildings
or
intended Riiildings therein
:
Provided
always, and be
it
enacted, that to any such Court in which there shall
be
more than Eight Houses there shall be
an
additional Width of
One
Foot for every such additional House
;
and provided also, that there
shall be an Entrance
to
erery such Court of the full Width thereof,
and open from the Ground upwards.
Courts.
XLVII. And be
it
enacted, That from and after the Commence-
Height
of
in
ment of this Act
it
shall not be lawful to build any House in any
Court
which House shall be of greater Height than Thirty Feet, nor
shall
any
House in any Court contain
more
than
Two
Floors or Stories
above the Ground Floor.
SLVIII. And be
it
enacted, That in estimating the Height of any
Houses to
be
from
Ground
Floor toEave
of
Roof.
lay
out, or perinit or suffer to be formed or laid out, any new Street
Persons
or
Court, or any Part thereof respectively, within the said Borouwh
or
who shall build, raise, or add to any House therein,
or
perinit or
suffer the same to be done, contrary in anywise to the ProI-isions of
this
Act.
[Local.]
28
E
this
HOLISC
for the Purposes of this Act the Measurement shall be taken
measured
from
the Level
of
the Ground Floor
to
the Eave of the Roof.
XLIX.
And
be
it
enacted, That every Person
who
shall
forin
or
Penalty
on
new
b
'
Streets,
kc.,
to
25052
Regulation
as
to
Width
of
Streets
and
Foot-
ways.
Council niav
90
&
IO"
VICTORIA,
Cup.
cvxvii.
this Act, shall forfeit
aid
pay
a
Sum not exceeding Twenty Pounds,
ancl
a
further Sruni not exceeding Twenty Pounds for every Day after
tlie first during wliicli
he
sliall periiiit or suffer such new Street
or
CoLirt, or
l'art
of
a
Street or Court,
or
such liouse, to remain
so
fonned, laid
out,
built,
or
added to as last aforesaid
:
Provicled always,
that, the Provisions
of
this Act relating to the Width of Streets and
to
the IYicltli ancl Coiistructioii of Courts shall not extend
or
apply to any
existing Street
or
Court,
or
to any Street
or
Court which shall be
proved
to
the Satisfaction of the said Council
to
have been agreed to
have been formed or set out in the Disposition of any Estate for Sale
in Lots, arid of which
a
Sale Plan shall have been
so
proved to have
been prep;ared previous to tlie passing of this Act, nor to any Street or
Court, being
a
Footway only, which shall be inade upon the Site of
Buildings crected before the passing
of
this Act, aiid in which no
Euilcliugs shall
be
used
for
the
Purpose of Habitation, except by
Sermnts in care of the same.
L.
Provided
al\vaj-s,
and
be it enacted, That any Street, being
an
Approach to the
Back
of any House in any other Street, aiid in which
back Street there shall not
bc
the principal or only Entraiice to any
Dwelling House, may be of a \\'icith not
less
than Fifteen Feet if
a
Carriageway, ancl not less than Three Feet
if
a
Footway
;
.provided
that it shall not be lawful to erect or build or suffer to be inhabited
any
House
having the principal or onlS Entrance in any such back
Street, whether the same shall be
a
Carriageway or not
;
slid provided
also, that if any such last-inentioned back Street, being
a
Footway only,
shall exceed the Length of One hundred Yards without being inter-
sected by
a
Street being
a
Carriageway of Thirty Feet in Width, such
hack Street shall not be less than Four Feet in"Width in every Part
thereof.
1,I.
And be
it
enacted, That it shall
be
lawful for
the
said Council
Fences
fi-om Time to Tinie to place ally Fences, Rails, aiid Posts
on
the Sides
of
any Footways or Carriageways within the said Borough, for the
to
Foot\vays.
Purposes of Safety, and to prevent any Carriage or Aiiiinals going
011
the same, and also
to
place any Posts in any Carriageivays,
so
as
to
iiiake the Crossings: thereof less dangerous for Foot Passengers, and
also from Time to Time to repair and renew any such Fences, lbils,
or Posts, or to remove the same,
or
any other Obstruction or Encroach-
ment
on
ally Carriageway or Footway within the said Borough.
to
he
placed
l'enalty on
Persons
a1
tering
Pave men ts
without the
Consent
of
the
LII.
And
be
it
enacted, That if any Person shall displace, take
up,
or
riiake any Alteration in the Pavements, Flap, or other Materials of
any Foot
or
Carriage
Waj;s
in any Street within the said Borough,
without the Consent in JVriting
of
the said Council, or shall cause any
Obstruction to any Street, every such Person
so
ofl'ending shall for
every such Offence forfeit a Sum not exceeding Five Pounds
;
pro-
vided tliat nothing in this Act contained shall
be
taken
to
curtail
or
prejudice the Privileges and Authorities of any public Company or
other
Body
or Person authorized by Law to take up the Pavements,
Flag:, or other Naterials of any Street, or
to
deposit any Materials
therein for building or other Purposes.
LIII.
And
..
cup.
CXXVll.
LIIL
And be
it
enacted, That if any
Cartcr
or other Person haying
Penalty
on
the Charge of any Cart
or
other like Carriage shall break, damage, or
Carters
in-
injure the l’aveinent, Flagging,
or
Curbstones of any Footway within
juring
Pave-
ments
by
un-
the Borough,
by
driving over the same,
or
by discharging tlie Coiitents
loac~ing
carts
of any Cart or like Carriage thereon, he shail forfeit
a
Suin
not exceed-
thereon.
ing Fifty Shillings for every such Offence, over ancl above the Amount
of
Damage done to such Flagging, Pavement,
or
Curbstone, the
Amount of which Damage may be included in any Conviction for any
such Offence,
or
may be recovered before Justices as Penaltics are by
this Act directed to be recovered.
LIV.
And be
it
enacted, That if any Company or Persons autho-
Persons
rized
to
take up any of the Pavement, Flagging, Curbstones, or other
Materials of the said Streets, for the Purpose of laying, altering, or
reillstate
repairing any Gas
or
Water Pipes, or other lawful Cause, shall not
them,
and
with due Diligence cause the Ground and Eubbish
to
be filled
in,
and
guard them
the Pavement or Flagging and Curbstones to be reinstated, and the
with
to
prevent
Surface to be made good
in
a
proper and substantial Manner, and shall
Accidents.
not in the meantime fence aiid guard
arid
affix
and maintain Lights
during the Night near to the Places where any Ground shall be open,
so
as
to preveiit any Accidents, eT-ery such Coinpany or Person
so
offending shall for every such Offence forfeit
a
Suin not esceediiig
Five Pounds
;
and
it
shall be lawful for the said Council to cause such
Grouiid to be filled in
aiid
such Rubbish to be removed, and to repair
and nialie good the Pavement, Flagging, or Curbstone of any such
tion, and to place and inaintain Lights during the Sight to prevent
Accidents, as to them shall seein necessary
;
and the reasonable Costs
and Charges thereof shall be paid by the said Company or Persons
respectively to such Persons as shall froin Time
to
Time be appointed
by
the
said
Council to receive the same, and in default of Payment
thereof t8he Amount thereof shall be recovered from such Companies
or
Persons respectively as any Penalty is recoverable under this Act
:
Provided always, that such l’aveinent, Flagging, Curbstone, or Mate-
rials shall not be considered
to
have been reinstated in aproper and
substantial Manner
by
such Company or any other Person having
Authority to take up the same, unless the
same
shall have been rein-
stated with the same or similar Xaterials, of the like Quality and
Thickness, and cemented and bound together in the
same
or in an
equally substantial Manner as those of which
it
mas
previously com-
posed, and in such Xaiiner as to maintain the general Level of such
Street.
Paveriients to
Street
so
brokeii up, and properly
to
fence
or
guard any such
C
’
xcava-
LV.
And be
it
enacted, That when the Pavement or Soil of any
Streets,
kc.
Street, or any Sewer
or
Drain, shall be opened or broken up
by
the
broken
UP
to
said Council,
or
by any other Person, they shall with
all
convenient
without
Speed complete the Work on account
of
which the same shall have
been broken up,
and
fill
in the Ground, and make good, in the Manner
herein-before described, the Pavement or Soil and the Sewer or Drain
so
opened or broken up, and carry away the Rubbish occasioned
thereby, and shall in the meantime cause the Place where such Pave-
ment or Soil shall be so opened or broken up to be fenced and
guarded, and to
set
up and maintain upon
or
against the Part
of
the
said
be reinstated
Penalty for
obstructing
Construction
of
Works.
Power for
Council
to
contract
with
Com-
panies
for
restoring
Pavements.
Mayor,
Aldermen,
and
Bur-
said Paveinlent or Soil
so
broken up
or
opened
a
sufficient Light
during every Xght whilst such Pavement
or
Soil shall be continued
open
or brokcn
up.
LVI.
And
for pi-eventing any Obstruction to the Esecution of tlie
Works hereby authorized, be
it
enacted, That if
any
Person wilful!y
obstruct
any
Person acting under the Authority of tlie said Council
in
setting
out
the
1,ine
of the
Works,
or pull
up
or
remove any
Poles
or
Stakes driven into the Gro~iiicl for the Purpose
of
setting out the
Line of such
Works,
or
deface
or
destroy any Marks made for the
same
Purpose, he shall forfeit any Sum not exceeding Ten Pounds for every
such Offence.
LVII.
And be it enacted, That
it
shall be lawful
for
the said
Council to contract
and
agree, for any Term of Years
or
otherwise,
with the
several
Companies
or
Persoiis respectively authorized to take
up any of the Pavements, Flagging,
or
other formed Surface of any
of
the Streets within the
said
Borough, for the filling in, paving,
fl
uuing,
aiid restoring-
of
such Parts of the said Streets
as
shall be from lime
to
Tiine required to be
t:hi
up for the Purpose
of
laying, altering, or
repairing any Pipes or other like I'urpose.
"pp,.
LVIII. And be
it
enacted, That the said
Mayor,
Aldermen, and
Burpesses shall be liable
to
be indicted at Common Law for the Want
of
de
sufficient Kepair of any public Highway within the said Borough,
gesses liable
toInc1ictm2nt
in the same
;\fanner
as
any Person or Persons liable
to
the Repair of
fbr
Want
of
such Highways
was
or
were before the passing
of
this Act.
Ilei'airs.
PeraonsrnteJ
under this
Act
be
free
from
~i~~~~~~~
Rates.
LIS.
And
be it enacted, That every Person who shall be assessed
to the Paving Rate niade under this Act
for
any Lands or Tenements
within the said Gorough shall, in respect of such Laiids or Tenements,
be
released from
a11
Rates
and
Assessments for the Repair of any
Highways,
and
shall
be exempt from Liability to the Repairs
of
IIighway
s.
No
Toll
to
be
LX.
And be
it
enacted, That it shall not be lawful
for
the Trustees
collected
Ox'
of any Turnpike
lload
to collect any Toll
or
to expend any Money
arising fyom Toll in the Repair
of
any Streets
or
Roads
within the
Streets
within
the
Limits
of't11i.q
Limits
of
this
Act.
Act.
Borough
to
LXI.
And whereas
it
is expedient to make Provision for the
be effectL1alb
effectual Sewerage
and
Drainage
of
the whole of the said Borough
;
be
it
enacted, That the said Surveyor and other Officers of the
Mayor,
sewered
under
tlic
Control
of
Aldermen, and Burgesses,
or
of
the said Council, shall make a careful
the
Council
Inspection
of
the Sewerage
Works
in the said Borough, and shall
and
their
thereupou furnish the said Council with an Estimate of the probable
Espences necessary
to
be incurred
for
the Purpose of eff'ectually
Surveyors.
sewering and clraining the said Borough, and the Council shall and
they are hereby required with
all
convenient Dispatch to avaiI them-
selves
of
the
Eower~
and
Authorities
by
this Act conferred upon
them
for
such Purposes, and
to
cause the 13orough
to
be well and
effectua;lly
semrcd
ancl clrained in the Bfnnner herein-after provided.
LSII.
And
..
cup.
CXX\’11.
2505
LXII.
And for carrying into effect the Purposes aforesaid, be
it
Se\c,ers and
enacted, That on and after the
Day
on
which this Act shall come into
other Works
operation all Sewers, together with
all
Buildings, and other Works,
:::t$/;or,
Naterials, and Things therewith connected, existing within the said
Aldermen,
Borough,
or
which shall thereafter at any Time be constructed and
and
Bur-
made therein, whether constructed
at
tlie Cost of the said Mayor,
gesses.
Aldermen, and Burgesses, or otherwise, shall be vested in the said
Mayor, Aldermen, and Burgesses, and shall be under the sole and
entire Management and Control of the said Council, subject to the
Provisions of this Act.
LXIII.
And be
it
enacted, That the
said
Council shall cause to
be
Council
to
constructed and made such
aid
so
many main and other Sewers
as
causeSewer6
shall be necessary and proper for the effectual draining of the whole
~~h~~em~~~e
of
the said Borough, together with all such Reservoirs, Engines,
exia.
Sluices, Penstocks, and other Works
as
shall be required for properly
flushing and cleansing out such Sev-ers, in, under, or across
all
or
any
of the Streets, whether dedicated to the Use
of
the Public
or
not,
Turnpike Roads and other Places within the said Borough, and, if
needful, through
aiid
across
all
underground Cellars
and
Yaults which
they inay find under any of the
said
Streets, Ways, Thoroughfares,
Turnpike Roads, and other Places, doing
as
little Damage as may be,
and inakiiig full Compensation for any Damage done, the Amount of
such Compensation to
be
determined by any Two Justices in manner
herein-after provided, and
also
shall cause such and
so
many Rings
or
Openings to be made or left in the Sides of the said Sewers
as
mill be
sufficient to enable the Owners
or
Occupiers of any Houses built or to
be built adjoining
or
near to any such Sewers, to inake or branch any
Drain from such House into the said Sewers as the said Council shall
think necessary and expedient for that Purpose
;
and in case it shall
be found necessary, for completing any
of
the aforesaid
Works,
to build,
carry,
aiid
continue the same into and through any inclosed Lands
or
other Place,
not
being a public
Way,
it
shall be lawful for the said
Council to build, carry, and continue the
same
into or throug) the
said
Lands
or
other Place accordingly, making full Coinpensatioii
to
the Owners and Occupiers thereof, the Amount of such Compensation
to be determined
by
any Two Justices in manner herein-after pro-
vided, and
also
to c:iuse such Sewers to comniuiiicate with and empty
themselves into any public River, Stream, Watercourse, or tidal Basin,
or to cause the Refuse from such Sewers to be conveyed by
an
appro-
priate Channel to the most convenient Site for its Collection and Sale,
and its Applicntion
as
Jfannre for agricultural Purposes,
as
may be
deenied most expedient, but
so
that the sainc shall in
no
Case becoine
a
public Xuisance
01-
Annoyance to the Neighbourhood
;
and all such
Sewers and other Works and Premises
shall
belong to the said Mayor,
Aldermen, and I3urgesscs, and be
at
all
Times under the Control,
Care, and Management of the said Council and their Surveyors aiid
Oficers respectively
:
Provided always, that
if
any
such
Tork
should
at
any Time be constructed
or
made in, or such Sewers
or
Drains
should be carried through or under,
or
opened
or
discharged into any
Quay,
Pier, IYall, Basin,
or
other Laids, Tenements,
or
Heredita-
ineiits whatever, belonging to
or
under the Control or Xanagement
of‘
the Trustees of the
LiwrpooZ
L)oclis, then aiicl in such Case the said
[Locd.]
28
If’
several
..
cup.
cxs\r11.
several
jyorks,
so
far as the same affect the said Premises of the said
Trustees, shall be constructed under the Superintendence and to the
Satisfaction
of
the Engineer
fix
the Time being
of
the said Trustees.
Councilniay
LSIV.
And be
it
enacted, That the said Council shall have
alter Sewem
Authority, from Time to Time as they shall see
fit,
to widen, deepen,
embank, alter, arch over, amend, clean, and scour out all
or
any
of
the Sewers within the said Borough, and also to cleanse, drain off into
any
Sewers,
and otherwise abate all stagnant Ponds, Ditches, and
other
Receptacles
of foul Water and Filth existing within the said
Borough
;
and flirther, in Cases in which any of the existing
or
future
Sewers vested
in
the
s:tid
Mayor, Aldermen, and Burgesses shall, from
any Cause whatever, appear to the said Council to have become use-
less
or
unnecessary, it shall be lawful for the said Council, if they
shall thiiik fit
t9
do
so,
to
take up, stop,
or
fill in, and discontinue
such
old
Sewer, in such Manner that the same shall not be or become
a Suisance
or
Annoyance to the Neighbourhood.
Ifexisting
LXV.
Provided always, and be
it
enacted, That no Person shall,
1)
rivate
by means of any Alteration, Amendment, Enlargement, or Discon-
tinuance
of
any Sewer,
or
other Proceeding of the said Council under
Drains
are
interfered
witli,
tile
this Act, be deprived of the Use
or
Enjoyment
of
any private Sewer
Council
shall
or Drain which such Person shall theretofore have been lawfully
en-
construct
titled to use
;
but the said Council shall and they are hereby required
so
to construct or alter any such private Sewer or Drain as to render
others.
the same as effectual for the Purpose
for
which
it
was intended
as
any such Drain
or
Sewer might
be
at the Time
of
such Alteration,
or
to provide for the Use of such Person such other Sewer
or
Drain
as
shall be equally effectual for such Purpose; and in case the said
Council shall refuse
or
neglect
so
to construct and alter any such pri-
vate Urain
or
Sewer the
Use
of
which may be affected by the Acts of the
said Council, or to provide such other Sewer or Drain as aforesaid
for
the
Space
of
Twenty-eight Days next after Kotice in
\Vriting
served upon
them, the said Xayor, Aldermen, and Burgesses shall forfeit and pay to
the Party aggrieved any Sum not exceeding Forty Shillings for every
Day during which the said Council shall refuse
or
neglect
so
to construct
arid alter
or
to provide such other Drain
or
Sewer as aforesaid.
Penalty
on
to
construct.
Power to
purclrase
private
Sewers
by
Agrepincnt.
LXVI.
And be it enacted, That
it
shall be
lawful
for the said
Jhyor, Aldermen, and Burgesses to purchase any Sewers
or
Drains
under
or
adjoining to the Streets
of
the said Borough which may be
the Property of
or
vested
in
any Person whatsoever, and for that
Pur-
pose the said Council may contract and agree with any such Person
for such Purchase, and the Price to be agreed upon between the
said
Council and such Person shall be paid out of the Monies to be raisecl
by this
Act
for
the Purposes of Sewerage.
Reservation
Of
Riglit
to
use
Sewers.
LXVII.
And whereas the Owners
of
Houses
or
Buildings
at
the
Sides
of
or
near any of the said Sewers which may at any Tirile be
purchased by the said Nayor, Aldermen, and Burgesses, niay before
such Ynrchase have purchased
of
and
from the Constructors or Owners
of such Sewers, or otherwise lawfully acquired, the perpetual Right to
use the same, as appurtenant to such respective Houses or Buildiiigs
;
be
Ccy.
cxsvii.
be
it
enacted, That the Owner and Occupier for the Time being
of
every House
or
Building in respect whereof or
as
appurtenant whereto
such Right shall have been purchased
or
otherwise lawfully acquired,
shall and may
at
all
Times hereafter use and eiijoy such respective
Sewers, or such other Sewers
as
shall be made and substituted in the
Place thereof,
in
common with
all
other Persons having for the Time
being the Right to use the same, and as appurtenant to such respective
House
or
Building, without Interruption
by
the said Council.
ing, making, and constructing of any Sewers
or
Drains under
~l~~~n~o
the Canal leading from
Leeds
to
Liverpool
in the said
l3oroug.h
of
be
con-
Liverpool,
or across and over
or
under any Tunnel, Lands, Stations,
structed
to
or
Works in the said Borough belonging to the
Grand
Jziizction
or
other Railway Company, such Sewer
or
Drains shall be carried, niade,
the
En-
and constructed under the said Canal and the Banks thereof, and
gineers
across and over
or
under such Tunnel, Lands, Stations, and Works, in
certain
Coni-
such Manner and according to such Directions as the Engineers to
panics-
such Company respectively shall judge
.fit
and proper.
Sewers
or
Drains
so
authorized
to
be made and constructed across and
Council
over
or
under any Tunnel of such Railway Company as aforesaid shall
se,cers,
kc.
from Time to Time and at all Times thereafter be supported, main-
Company
tained, and kept in good and perfect Repair and Condition
by
the said
nlay repair,
Council; and in case of any Want of Repair to the same
or
any of
recover
Expences
of
them, if the said Council shall not on receiving Twenty-four Hours
Kotice in Writing from or on behalf' of such Company repair and
make good the said Sewers
or
Drains,
it
shall be lawful for such
Company, their Agents, Servants, or Workmen, and they are hereby
authorized and empowered,
at
the Expiration of the said Sotice,
to repair and make good the said Sewers
or
Drains
so
to be made
or constructed across and over
or
under such Tunnel, and all the
Expences thereof shall be repaid to the Company by the said
Council out of the Monies to be raised by virtue
of
this Act, on
deiriand; and in default of such Payment any Two or more Justices
shall and they are hereby required,
on
Application of the Company, by
Warrant under their Hands and Seals, to cause the Amount of such
Expences to
be
levied by Distress, in inttnner herein-after mentioned,
and
to be paid to the said Company, rendering the Overplus, if
any,
upon demand, after deducting the reasonable Charges
of
making such
Distress and Sale, to the said Council;
or
otherwise the said Coiipany
shall
and may sue for and recover the same against the said Mayor,
Aldermen, and Burgesses,
by
Action
of
Debt or on the Case, in any
of
the Superior Coiirts.
LXVIII.
Provided also,
and
be
it
enacted, That in the carry-
Sewersunder
Satis-
action
of
LSIX.
Provided always, and be
it
further enacted, That the said
On
default
of
r
epii
i
r
LXX.
Provided always, and be
it
enacted, That the said Council
'rutinel
not
shall not, in
or
by the Execution of any of the Powers hereby
to
be
un-
granted, occasion any Injury to such Tunnel,
or
any Obstruction
or
~~~~r~~~~~,
Impediment to the Traffic along
or
upon the same,
or
hinder or prevent
the fidl and free Use and Enjoyment thereof, save
only
so
far as
shall
be
unavoidable in carrying the same
Powers
into execution.
Trustees of
Liverpool
Docks to
corist
ruct
and keep in
repair
Sewers,
&c.
under
the
Docks.
9"
&
10"
VICTORIB,
..
cclr).
CXXVll.
LSSI.
And be
it
enacted, That the Trustees of the
Licerpool
Docks
shall and they are hereby required froni Time to Time to make
or
cause to be made and kept in repair such and
so
marly
Sewers and
Drains in and under such
Part
or
Parts of the Docks, Basins,
or
Quays of the Trustees
as
the said Trustees shall think proper,
so
as
effectually. t,o drain and carry
off
the Water into the said Docks and
Basin
or
into the River
Mersey,
from the Sewers
or
Drains made
by
or
to be vested in the said Council
;
and the said Council shall, subject
to the Provisions
of
this Act, from Time to Time have Liberty to carry
and construct any Sewer
or
Drain made by them, under
or
by
virtue
of
this Act
or
under the said recited Acts,
or
any of them, into any
Sewer or Drain now made
or
hereafter to be made by the said Trustees
in and under the said Quays, Docks,
or
Basins.
Sewersunder
LXSII.
Provided always, and be
it
enacted, That nothing in this
the
said
Act contained shall be construed to require the said Trustees
of
the
Liverpool
Docks to enlarge
or
alter any of the Sewers
or
Drains already
Docks not
to
be
altered
by
'rrustees,
made and
now
existing in and under the Quays
of
the said Docks
or
&c.;andifany
Basins
;
and that if any Question shall at any Time hereafter arise
Questions
between the said Council and the said Trustees, relative to the Capacity
or Sufficiency of any of the Sewers or Drains hereafter to be made
by
arise
as
to
Sufficiency
of
sewers,
thc
the said Trustees
as
aforesaid to receive the Water froin the Sewers
same to be
or
Drains to be constructed by the said Council,
so
as effectually
to
decided
drain
and
carry off such Water into the said Docks or Basins
or
River,
then and in such Case it shall and may be lawful for the said Council
Arbitration.
and Trustees and they are hereby required to nominate and appoint
an indifferent Person
on
each Side, by Authority to such Two Persons
so
nominated and appointed to choose the Third
;
and the Award and
Determination of the Three,
or
any Two of them, under their Hands,
relative to the Mattel. in question, shall be final and conclusive upon
the Parties, and shall be acted upon and conformed to accordingly
;
and upon the Completion of the Sewers and Drains
by
the said Trus-
tees, in compliance with the said Award and Determination,
all
further
Liability of the said Trustees in respect of the said Sewers or Drains
which shall have been the Subject, of the said Award and Determination
sliall cease and deterniine, except
as
to the Repairs thereof.
Power
to,
inake
a
Branch
into
the Sewer
in
Sefton
Street.
Sewer to be
kept in
repair.
LSSIII.
Aiicl be
it
enacted, That
it
shall be
lawful
for the Council
to make
a
Branch and communicate any Main Sewer
or
Drain autho-
rized to be made by virtue of this Act with the Sewer already made
by the Trustees of the
Li.u.ei.23001
Docks through
Sefton
Street
within
the said Extra-parochial Place
of
Toxtelh
Park,
YO
as effectually
to
drain and carry
off
the Water into the Docks
or
Basins of the said
Trustees or into the River
illersey,
from the Sewers made or to be
made by the said Council
;
and that the said Trustees of the
Lizwyool
Docks shall keep the said Sewer tlirou6h
Scfton
Street
aforesaid in
sufficient Repair
;
proJ*ided that nothing
in
this
Act
contained shall be
construed to vest the said Semer or the Property thereof in the
Council.
Ifsewer
in
LSXTV.
Provided always, and
be
it
enacted, That in case the said
Sefton
Street
Sewer through
Sejjttolz
Streot
sliall at any Tinie after the passing of
this
Act
be cliscontinued,
or
become unfit for the Purposes aforesaid,
di
s
coli t
I
n
LI
ecl,
Sewer
to
be
the
9"
&
10"
VICTORIB,
Cap.
cxxvii.
2509
the said Trustees of the
Liverpool
Docks shall and they are hereby
made
in
required from Time to Time to make
or
cause to be made and kept
DockQl1a~s.
in repair such and
so
many Sewers and Drains in and under such
Part
or
Parts of the Quays of the said several Docks or Basins as the
said Trustees shall think proper,
so
as effectually to drain and carry
off the Water into the said Docks
or
Basins
or
into the River
.Mersey,
from such
of
the Mains, Sewers,
or
Drains
of
the Council
as
shall com-
municate with the present Sewer through
SPftOn
Street
aforesaid
;
and
the Council shall have Liberty
to
carry and construct any Sewer
or
Drain made by them under and
by
virtue
of
this Act into the said
Sewer
through
Sefon
Street,
or
into any Sewer
or
Drain hereafter to
be made by the said Trustees,
as
the Case may be.
this Act directed to be done by the Trustees of the
Liverpool
Docks
~~~r~~~~
shall be carried into execution in such and the same Manner, and the
Provisions in this Bct contained relating thereto shall receive such
Liverpool
and the same Construction,
as
if such Acts, Matters, and Thinss had
Dock
been directed to be done by them under
or
by virtue of the subsisting
Acts relating to the
Lzcerpool
Docks, and as if such Provisions had
been contained therein.
LXXV. And be
it
enacted, That the Acts, Matters, and Things by
As
to
Works
by
LXXVI. Provided always, and be
it
enacted, That
no
Sewers
or
No
Sewer
or
Works authorized by this Act shall be constructed, made,
or
carried
Work
terfere
to
with
in-
under
or
be opened
or
discharged into
or
otherwise interfere with
anyDock
any Dock now belon8ing to the Devisees in Trust of the Most Noble
belonging
to
Fnmcis
Duke of
Brzdgwater
deceased,
or
to
the Right Honourable
theTrustees
F~anci,s
Egerton
commonly called Lord
Francis Eyerton
;
and no such
ofthe late
Sewers
or
Works shall be constructed, made,
or
carried
in,
upon,
Bridgwater,
through, over,
or
under any Quay,
Pier,
Wall,
or
other Lands
now
belonging to the said Devisees in Trust and Lord
Fraizcis
A'qerton
respectively, except under the Superintendence and to the reasonable
Satisfaction
of
the Engineer for the Time being of the said Devisees in
Trust
or
Lord
Francis
Egerton,
his Heirs
or
Assigns,
as
the Case
may be.
LXXVII. And be
it
enacted, That, except
as
by this Act
is
Saving
expressly declared, nothing herein contained shall prejudice, take
Whts
Of
away, diminish,
or
affect the Rights, Powers, Privileges, or Biithorities
of'
tile
now vested in
or
enjoyed by the said Devisees in Trust and Lord
Duke
of
Francis Egerton
respectively.
Bridgwater.
Duke
of
the Trustees
LXXVIII. And be
it
enacted, That wherever any Sewer or Surface
As
to Sewers
Drain shall be constructed by the Trustees of any Turnpike Road for
~~~~~~'
the Purpose of draining and carryin6
off
the Surface Water
of
any
Roads.
such Road,
it
shall be lawful for the said Trustees to cause such Drain
or
Sewer, and the said Council shall allom the same, to communicate
with and empty itself into any convenient Sewer near thereto vested
in the said Mayor, Aldermen, and Burgesses
:
Provided always, that
every such Communication shall be made under the Direction and to
the Satisfaction of the said Surveyor
;
and if any Sewer shall be con-
structed by the said Council in any Turnpike Road in such
a
Manner
that the same shall
be
used for carrying
off
the Surface Water, or for
[Local.]
28
G
otherwise
2510
..
alp.
cxxv11.
otlierwisc clraining such Road, then the said Trustees shall contribute
su&
n
fair
Proportion towards the Expence of such Sewer
as
shall be
adeynate to the Amount of the Benefit derived therefroin,
aid
in case
of
any
Dispute
as
to the iimount of such Proportion the smw shall be
settled by
Two
Justices.
sewers
may
LXSIS.
And be it enacted, That
it
shall be lawful for any Person,
be
used
by
being tlie Owner
or
Occupier of
any
Property situate beyond the
O~ners
Limits of the
said
13orougl1,
and in respect of which such Owner or
Occupiers
of
Land
Occupier
would
not
be liable to tlie Payment of the Rates authorized
Limits
of
to
be
levied uncler this Act, upon Payment to the
said
Council, for the
the rhough.
Usc
of the said Sewers,
of
such a reasonable Sum of Money as shall be
agreed upon between
such
Person and the said Council, or
iii
case they
cannot agree such Sum to be fixed by any Two Justices in inaiiner
herein-after provided, at his owii Expence, to branch into and
to
cause
to corniiiunicatc with any of the Sewers vested
in
the said Mayor,
Alclerinen, and Burgesses,
any
Sewer
or
Drain whicli in respect of the
said Property
iiiay
be Ia~vfully made tlierefroin,
of
such
a
Size arid in
such Manner and Form of Coniniunicatioii in all respects
as
the said
Couiicil shall direct
or
appoint
:
Provided always, that nothing in this
Act contained
shall
affect any Eight heretofore acquired
by
the Owiiers
or Occupicrs
of
any such Property
to
communicate with or use
aiiy
of
the Sewers or Drains vested in the said JIayor, Aldermen, and Burgesses
uncler the Provisions of this Act.
Council
to
give
Notice
before
Com-
mencemen
t
of
Works
certain
Cases.
LXXX.
And be
it
enacted, That before cornmeiicing to level, make,
pave,
or
flag any Street under the Provisions herein-before contained,
which
has
not become
a
Highway, and before making any Sewer uncler
this Act wherc
110
Common Sewer previously existed, and before com-
mencing
to
widen, deepen, embank, alter, arch over, or ainend aiiy
Sewer at present existing, ancl before abandoning
aiiy
old Sewer, tlie
said
Council shall Five Notice of their Intention
to
level, make, pave,
or
flag
any such Street, or to make such new Sewer, or to alter or
aineiid
such
existing Sewer,
or
to abandon such old Sewer,
as
the Case
may
be, by affixing, Twenty-eight
Days
at least before the Coinmence-
nient
of
any such Work, in the usual Places for affixing Kotices in
front of the Town Hall,
a
printed
or
written Notice, specifying the
Works intended to be undertaken, and shall also
affix
such Notice in
a
conspicuous Place
at
the Ends of each and every such Street through
or in which such Work is intended to be undertaken, which Kotice
shall set, forth the Name or Situation of the Street intended to be
levelled, made, paved, or flagged, and the Nanie or Names
of
the Place
or Places through
or
near which
it
is intended the said new Sewer shall
pass,
or the existing Sewer be altered or amended, or the old Sewer be
stopped up, and also the Places of the Beginning and the End thereof,
ancl shall refer
to
a
Plan of such intended Work which shall be made
under the 1)irectioii of
the
said Surveyor, and in case of
the
Construc-
tion or Alteration of any such Sewer, to
a
Section showing the Depth
of such Sewer below the Surface of the Ground, and on
a
Scale
not
less for the Plan than One Inch to Sixty-six Feet, and for the Section
of the Sewer not less than One Inch to
Two
Feet
;
and such Plan and
Section sliall be deposited in the Office of the said Surveyor, and be
open at
all
reasonable
Hours
during such Twenty-eight
Days
for the
Inspection
..
9"
&
10"
VICTOJLLIE,
cup.
CXXVII.
2511
Inspection of all Persons interested therein
;
and such Kotice shall
also
set forth the Time and Place appointed for holding
a
Meeting of the
said Coiincil
or
of some Committee thereof,
to
consider any Objections
made against such intended Works
;
and a11 Persons who shall deem
themselves interested therein,
or
likely to be aggrieved thereby, shall
be entitled to be heard before the said Council
or
Committee at such
Afeeting
;
and thereupon the said Council may abandon
or
make such
Alterations in the said intended
Work
as they shall .judge
fit
:
Provided
always, that no such Alteration shall cause
a
Deviation of
more
than
Ten Yards from the Line described in the Notice and set forth in the
Plan,
or
more than Two Feet from the Height shown in such Section;
aiid
no
such Work shall be begun until the End of Seven Days after
an
Order
for the Execution thereof shall have been duly made by the
said Council
or
Committee, and entered in the Books of such Council
o
1.
Committee
.
LXXXI.
Snd be
it
enacted, That
it
shall be lawful for any Person
Persons
liable to contribute towards the Expence of any of the
Works
afore-
%grieved
said,
or
who shall otherwise deem himself to be aggrieved
hy
the
to
may
the
appeal
undertaking of such Work,
at
any Time within Seven Days next after
Sessions.
the making of any such Order to give Notice in Writing to the said
Council that he intends to appeal against the undertaking thereof to
the next General
or
Quarter Sessions of the Peace for the said Boroiigh
which shall be holden after the Expiration of Ten Days next after
such Kotice, together with
a
Statement in Vriting of the Grounds of
the Appeal
;
and if within Four Days next after giving
or
delivering
such Notice as aforesaid any such
Party
shall enter into
a
Recog-
nizance before such Justice of the Peace, with Two sufficient Sureties,
conditioned to
try
the Appeal, and abide the Order
of
the Court, and
pay such
Costs
as
shall be awarded
by
the Court thereupon,
it
shall not
be lawful for the said Council to begin to execute, under the Authority
of
this Act, any such
Work
so
appealed against, until after the Judg-
ment of the Court upon such Appeal; and such Court, upon due
Proof of such Notice and of such Recognizance having been given
and
entered into, shall hear and determine the Matter of the Appeal,
and shall make such Order thereon, and award such Costs to either of
the Parties, as the Court in its Discretion shall think
fit
:
Provided
always, that it shall not be lawful
for
the Appellant to be heard in
support of such Appeal unless such Notice aiid Statement shall have
been given as aforesaid, nor on the hearing of such Appeal to go into
Evidence of any other Grounds of Appeal than those set forth in such
Statement
as
aforesaid.
LXXXII.
And whereas numerous €louses and Buildings have from
HouseDrains
Time to Time been erected and built in the said Borough, without
to
be
made
having proper Drains communicating therefrom with any Sewer, which
?;;;''':*
Proceedings are highly prejudicial to the public Good
;
be
it
enacted,
of
Council.
That in
all
Cases where any House
or
Building situate within the said
Borough shall at any Time be found not to be drained by
a
sufficient
Drain
or
Pipe communicating with some Sewer, and emptying itself
into the same, to the Satisfaction of the said Council, and if
a
Sewer
of sufficient Size, under the Jurisdiction of the said Council, shall pass
along any Street, and within Thirty Feet of any Part of such House
or
Building,
2513
Building,
on
a
lower Level than such House or Building,. it shall be
lamful
for
the said Council, if they shall think
fit,
by Notice in TVriting,
to
require the Owner of such House
or
Building f'orthmith,
or
within
such reasonable Time as shall be appointed by the said Council,
to
construct and make from such House
or
Building into the nearest
Comiiiori Sewer a covered Drain
or
Pipe, of such Materials, of such
Size, at such Level, and with such Fall
as
shall be adequate for the
Drainage of such House
or
Building, and also, if practicable, of its
Areas, Water-closets, Privies and Offices, if any, and to carry and
convey the Soil, Drain, and Wash therefrom into the said Sewer
;
and
if the Owner of such I-louse or Building shall refuse or neglect, during
Twenty-eight Days next after the said Xotice shall have been delivered
to such Owner, or left at such House
or
Building, to begin to construct
such Drain,
or
shall thereafter fail to carry it
on
and complete it xith
all
reasonable Despatch, it shall be lawful for the said Council and
they are hereby required to cause the same to be constructed and
made, and to recover the Expences to be incurred thereby in the
Manner herein-after provided.
If
Owners
neglect,
Council to
perform
the
Work, and
recover the
Expence.
NO
Houses
LXXXIII.
And be it enacted, That
it
shall not be Iawful to erect,
tobeerected,
build,
or
rebuild any House or other Building within the said Borough,
"lthout
unless
a
Drain be constructed, if required by the said Council, to the
Drains.
Satisfaction of the said Council, of such Materials, of such Size, at such
Level, and with such Fall
as
they shall direct,
so
that the same shall be
available for the Drainage of the lowest Floor of such Building, and
also of its Areas, Water-closets, Privies, and Offices,
if'
any, which
Drain shall lead from the intended Site of such House to such Sewer
already made
or
intended to be constructed near thereto,
as
the said
Council shall direct and appoint, or if there be no such Sewer existing
or intended to be constructed within Thirty Feet of any Part of the
intended Site of such
HOLW,
then to such covered Cesspool or other Place,
not being under any Dwelling House, as the said Council shall direct.
Notice
of
Buildil%s,
&"
to
be
given
to
the
Coullcil.
LXXXTV. And be
it
enacted, That before beginning
to
lay or dig
out the Foundations of any new House within the said Borough, or to
rebuild any House therein, and also before making any Drain for the
Purpose of draining Water directly
or
indirectly from any Land
or
Tenement into any Sewer under the Jurisdiction of the said Council,
Fourteen clear Days Notice in Writing shall be given to the said
Council by the Person intending to build
or
rebuild such House or to
make such Drain,
by
Writing delivered to
or
left
at
the Office of the
said Surveyor
;
and every such Person shall at the Time
of
delivering
such Xotice leave
or
cause to be left
at
the Office of such Surveyor
a
Plan, drawn to
a
Scale of not less than One Inch for every
Six
Feet of the intended Work, and every such Plan shall show the
intended Situation of the Privy and of the Ashpit (if any)
of
such
House, and the
Course
of such Drain
;
and every such Foundation shall
be laid at such Level as
is
provided by this Act, and under such
Regulations as the said Council shall order
;
and every such Branch
Drain shall be made in such Direction, Manner, and Form, and
of
such Materials and Workmanship,
as
the said Council shall orcler, and
the making of every such Drain shall be under the Survey and Control
of the said Council
;
and in default of such Sotice,
or
if such Building
or
9.5
13
01.
Drain shall be begun
or
made without or in any respect contrary to
any Order of the said Council or the Provisions of this Act, it
shall
be
Iawful for the said Council to cause such Building to be cleinolished,
and to cause such Drain tobe relaid, amended, or remade, as tlie Case
may require, and to cause the Espences thereof to be levied and
repaid to them by the Owner thereof in the Manner herein-after
provicled.
LXXXV.
And be it enacted, That whenever any House shall be
H~es
re-
buiit
to
be
on
rebuilt within the said Borough the Level
of
the lowest Floor of such
,,roper
House shall be raised sufficiently to allow of the Construction of such
~evels.
a
Drain
as
is herein-before provided in the Case of Houses
to
be built
after the passing of this ,4ct, and for that Purpose the Levels shall be
taken and determiiied under the Direction
of'
the said Council;
ancl
whenever any House shall
be
taken clown as
low
as
the
Floor
of the
First Story,
for
the Purpose of being built up again, such building shall
be
deemed
a
rebuilding within the Meaning
of
this Act: Provided
always, that the Level
of
the Ground Floor
of'
every
House
which shall
be built or rebuilt in the said Borough shall in
no
Case be less than
Six Inches above the Level
of
the Footway
or
Road adjoining such
House, whether there shall be
a
Cellar to such House or not.
LSSXVI. And be
it
enacted, That
it
shall be lawfd for any
Private
Person,
at
his
own
Espence, to make or branch any Drain into any
~~:f,s~l~&
of
the Sewers vested in the said Mayor, bldermen, and Burgesses, or
into
Sewers
authorized to be made by virtue of this Act,
01-
otherwise acquired
constructed
by
them, of such Size and in such Manner and
Form
of Coniniunication
by
Council,
in all respects as the said Council shall direct or appoint, and for that
tain
Regula-
Purpose to take up and remove
so
much of the Pavement and other
tions.
Materials
of
any Street
as
inay
be required, unless the said Council
shall consent ancl agree, which they are hereby authorized to do,
to
form
so
much
aid
such
Portion of such Drain as shall lead from
the Point
of
Communication in such Sewer to the Extremity of such
Street; and in case any Person shall make or branch any Drain
into any
of
the said Sewers
so
vested in the said Mayor, Aldermen,
and Burgesses,
or
authorized
to
be made under and by virtue of this
Act, of
a
larger Size or in
a
different Manner ancl Form of Communi-
cation than shall be clirected or appointed
by
the said Council, every
Person
so
offending shall for every such Offence forfeit
a
Sum not
exceeding Five Pounds.
LXXSYII.
Ancl wlierens
it
wou!d tend to insure
a
greater Efficiency
Council nlay
and Economy in the Execution of Works if the same were executed
agree
to
make
House
Drains
at
by
Persons under the immediate llirection
ancl
Control of the Surveyor
of
the said Council
:
be it enacted, That it shall be lawful for the said
E~~,~~~~
of
Council
to
contract and agree with the Owners of any I-Iouses or
Omner.
other Tenements within the said Borough, that
any
Drains requirecl
to be macle by such Owners should be constructed ancl made
by
the
said Council
;
and the Cost Price and Expence of making such Drains,
as certified by the Surveyor
of
the said Council, shall be repaid by
such Owners to the said Council,
ancl
in default of Payment the
saine
may
be
recovered in the Manner herein-after pro\-icled.
[Local.]
28
I$
LXXXVIII.
And
Vaults
al,d
LSSSVIII.
And
be it enacted, That no Vault, Arch, or Cellar
sliall
Cellarsuntlcr
be
ilia&
under any Street within tlie said Borough without the
Streets
not
Consent
of
the
said Couiicil
fir&
obtained in Writing, and that a11
such Taults, Arches,
ancl
Cellam hereafter to be made within the
to
be
made
without
Consel,t
of
said
Borou~li
slid1
be
substantially made, aiid
so
as
not to interfere
the
Council.
or
coiniiiuiiicate
wit11
aiiv
Drains or Sewers under the Control of the
saicl Coiincil, witliout tIicjir Consent in Writing first obtained
;
aiicl
if
any Tault, Qrch,
or
Cellar
shall
be
niade contrary to the Provisions
of
this Act, it shall
be
lawful for the said Council to fill
up
the same,
and
the I:spences incurred thereby shall be paid by the Person making
such
Vault, Arch, or Cellar, to be recovered
as
herein-after provided.
Gully-
holes,
".
to
be
Trails,
LziSSIS.
And diereas the noxious Effluvia exhaling from Gnlly-
holes
of
Sewers
and
Drains has been found to be unwholesome and
injurious to Hcalth
;
be
it enacted, That the said Council and the
Owners of ally private Drains shall, by providing proper lraps
or
otlier Coverings,
or
by
T'eiitilation, or by
such
other Ways
and
Neans
as
shall
be
practicable for that Purpose, prevent the Effluvia
of
Sewers
:incl
Drains from exhaling through Gully-holes, Gratings, or otlier
Openings
of'
Sewers
in
Streets or other Places.
fitted with
1,
be
kept
in
good
Orcler
by
Owners
and
occu-
piers.
P0:rer
to
cause
In-
spection
of
Drains,
Pri-
vies,
and
Cesspools.
ur~i~
~ri-
vies-,
""
Cesspools to
Sc'.
hd be
it
enacted, That
all
Drains,
as
well witliiii
as
without
tlie Laiids or Tenements to which they belong,
and
all Privies
and
Cessnools within tlie said Borough. shall be under the Survev aiid
Coii&ol of the said Council, andQof the Surveyors and
Office&
ap-
pointed
by
them for that Yurposc, and shall be repaired and kept in
propei- Order at the Cost and Charges
of
the Owners
of
the Lands
ancl Tenements
to
which the same belong; and
if
the Owner and
Occupier of any Land or Teneinent to which any such House Drain,
Privy,
or
Cesspool shall belong shall neglect to repair and to put the
same into good Order in the ;\lanner required by the said Council
during Fourteen
lhys
after Sotice in Writing for that l'urpose, signed
by the Town Clerk
or
Surveyor, sliall have been given to such
Owner,
or
left upon the Premises, shall be lawful for the said Council to order
such Drain, Privy, or
Cesspool
to be repaired and put in good Order,
2nd
to levy and recover the Costs aiid Expeiices thereof from such
Owner
in the ;\lanner herein-after provided.
SCI.
Aid be
it
enacted, That
it
shall
be
lawful for the
said
Council
or
for
their Surveyor, or such other Person
as
shall be
:ippointecl
by
the said Council, to inspect any Drain, Privy,
or
Cess-
pool within the said Borough, and for that Purpose, at
all
reasonable
Times in the Daytime, after Twenty-four Hours Kotice in Writing
shall have been given to the Occupier of the Premises to which such
Ilrain, Privy, or Cesspool is attaclied,
or
left upon
the
Premises, to
enter, by tliemselves or their Surveyor and Workmen, upon any Lands
and Teneiiients, aiid
also
to
CRL~
the Ground to
be
opened in any
Place tliey shall think fit, doing
as
little Uaiiiage
as
may be
;
and
if
such Drain, Privy, or Cesspool shall be found to
be
niade to the Satis-
f'action
of
the said Council, and in proper Order and Condition, they
shall cause the same to
be
closed and made
good
as
soon
as
may
be
;
and
the
Expence,
of opening, closing,
and
niaking
good
such Drain,
Privy,
or
Cesspool shall be defrayed by the
said
Council.
XCII.
And
Cup.
cxxvii.
2515
XCII.
And be it enacted, That in case any Sewer, l)rain, l'rivy,
Penalty
oll
Cesspool, or other Work shall
011
Inspection
he
lound not to have
Persons
been made according
to
the L)irections and Hegulatioiis of the Council,
or
altering
or contrary
to
the Provisions of this Act, or in case any Person,
&c.,
without the Consent
of
the said Council, shall construct, rebuild, clear
contrary
to
out, unstop, or in anywise alter any Semer, Drain, Privy, Cesspool, or
tile Orders
other Work which
has
been ordered
by
thein not, to be niade, or to be
$.the
demolished, stopped up, or amended, every Person
so
offending shall
forfeit and pay any Sum not exceeding the
Sum
of Five Pounds, and
a,
further
Sum
of Five Pounds
for
every Day after the first on which
such Offence shall be committed or continued.
XCIII.
And be
it
enacted, That the said Council shall for tlie
Council,
&c.
Purposes
of
this Act have full Power and Authority to enter, or to
en~owered
to
enter
order and direct their Surveyor
or
other Officers and Persons eiiiployed
upon
Lands
by
them, at
all
reasonable Hours in the Daytime, to enter into and
oll
which
upon any Land or Tenement within the said Borough, and into ancl
Buildings
upon the Land on which any House, Building, or other Erection is
erected. are to
be
built, or being built or intended to
be
built,
and
into and upon any
Buildings or any
Part
thereof, without being liable to any Action
at
Law or Suit in Equity, or any other legal Proceedings
or
Molestation
whatsoever, for or
on
account
of
such Entry, or the Worla done or
to be clone in any Part thereof, in pursuance
of
this
Act.
Council
and
they are hereby required, when any
of
the said Streets
Placed
across
so
vested in the said Xayor, Alderinen, and Burgesses shall be under
Streetswllile
Repair, or when any Sewers or Drains are being inade
or
shall be
Repairs,
6rc.
under liepair, or when from :rny
other
Cause the said Streets shall
are
making,
have become claiigerous, either to the Inhabitants or to Persons passing
and repassing therein, to take proper Precaution,
by
shoring up and
at
Night.
protecting the adjoining
HOUSW,
and to
fix
and place, or cause to be
fixed and placed, such and
so
many Bars, Chains, or Posts across
or
in
any
of
the said Streets, to prevent tlie passing and repassing of
Carriages,
Carts,
Cattle, and Horses during the Time
of
such Works
and Repairs being carried on,
as
to thein shall seem proper
;
and the
said Council shall cause any Sewer or Drain or other Works, during
the Construction or Repair thereof by them, to be well and sufficiently
lighted, and attended by
a
Vatchinan during the Night, to prevent
Accidents
;
and if any Person shall take down, alter, or remove any
of'
the said Bars, Chains,
or
Posts, or extinguish any Light, without
the Authority or Consent
of
the Surveyor of the said Couiicil, every
such Yerson
so
oRending shall for every such Offence forfeit and pay
any
Sum
not exceeding Five Pounds.
XCIV.
Ancl be it enacted, That
it
shall be lawful for the said
Bars
to
be
XCV.
And be
it
enacted, That
if
for the Purposes of this Act
Situatioii
of
it
shall at any Time
or
Times be deemed necesstwy and expeclient
Gas
and
by
the
said
Council to raise, sink, or otherwise alter the Situation
~~~e~~Ipps
of
any mTater or
Gas
Pipe
01'
l'ipes, plug or Plugs, or other n'ater-
tered,
at
works
or
Gaswoi-ks,
so
far
as
the same are laid or placed in any of
Expence
of
the Streets of the
said
Borough,
it
shall ancl inay be lawful to and for
the
Council.
the said Council and they are hereby empowered
so
to
do
or
cause
the same to be done, when and
as
often and in such Maiiner and in
such
2516
..
:lo
&
10"
VPCTORIZ,
cup.cxx\~lI.
such Place
or
Places
as
they the said Council shall think riglit and
proper
;
provided that the Mvater
or
Gas
Pipes, Plug,
or
other Water-
works
or Gasworks, be not permanently injured thereby,
or
the Water
or
Gas
prevented from flowing in its proper Channel
;
ancl
the Costs,
Charges,
and
Expelices attending such raising, sinking, and altering,
and full Compensation for every Damage done, shall be paid by the
said Council out
of
the Money authorized
to
be raised
by
virtue
of
this
Act for the Purposes
of
Sewerage.
Council
to
SCVI. And be
it
enacted, That if by reason
of
the Alteration
of
make
Cw-
the
Level
of any Street, the making or altering of any Sewer,
or
in
pensation
for
Dminge
otherwise carrying into execution any of the l'omcrs
or
,Iuthorities
done.
of this Act,
any House,
13uilding7
or
other Hereclitaiiieiit within the
said
I3orough
shall
be
darnaged
or
ot,herwise prejudicially affected,
then and in every siicli Case the said Council shall make
good
such
Damage, and pay
to
the
Owner
and Occupier
of
such House, lhilding,
or
other Hereclitament such Ainouiit
of
Compensation
for
such Injury
as
shall be agreed upon between such Owner and Occupier and the
said
Council
;
and if such Owner
aid
Occupier ancl the said Council
cannot agree
as
to the Amount
of'
such Compensation,
ancl
the
Propor-
tions thereof to
lie
paid to
such
Owner
ancl
Occupier respectively,
then the Amount
of'
such Compcnsation,
and
also
the Proportions which
the Persons claiming the same are entitled to, shall be settlecl
and
recovered before
Two
Justices in the ;\lanner herein-aftcr provided.
penalty
on
XCTII.
hiid
be
it
enacted, That if any Person at any Time shall
Persons
ob-
obstruct
or
molest the said Council,
or
any Surveyor
or
other Officer
strutting
or
Workman,
or
other Person employed
by
thein, in the Performance
in
ancl Execution
of
their Duty,
or
of any tlhg mliich they are respec-
their
Duty.
tively
required
to do by
or
by virtue
or
in consequence of this Act,
every such Person
so
oBending shall forfeit and pay any Sum
not
exceeding Twenty Pounds.
Proceed-
SCVIII. And be it enacted, That in
case
the Occupier of any
ings
in
CJSC
IIouse, Xuilding,
or
Premises sliall prerent the Owner thereof from
of Tenants
opposing
carrying into effect, in respect
of
such
House,
Building,
or
Preniises,
Execution
any of tlie Provisions of this Act,
01-
of
the said recited Act of the
ofthis
Act,
Fifth
Year
of
the Reign of Her present Majesty, intituled
An
Act
Lfov
Or
Of
recited
tlie
Yroniotion
of
the
Health
oj'
the
Iizhabital~ts
of
the
Borouylh
(f
Liver-
Act5&
6
Vict.
c.
44.
pool,
and
the
bettel.
12egzclution
qf
Buildiiigs
in
the
said
Bo~or~gh,
or
from
doing any of the Matters or Things which by this
or
the said last-
recited Act are required to be clone
by
such Omiier, ancl after Sotice
of
such Provision shall have been g.iven
by
the Owner of such House,
Building,
or
Premises, to the Occupier thereof,
it
shall
be lawful for
any Justice, upon
Proof
thereof,
to
ninke an Order in IVritiiig re-
quiring
such
(Jccupier to permit such Owner to carry iiito eft'ect the
Jlatters required to be done by him
;
and if after the Expiration of
Tri-enty-one
Days
from
the Date of
SUC~
Order
such Occupier shall
continue to refuse to permit such Owner to execute such
l\Torks,
it
shall
be
lawful
for any Justice
to
issue his Warrant to
any
Constable,
requiring him to put the
Owner
into the Possession of snch Premises,
for
tile
Purpose
of enabling such
On-ner
to
carry into effect the
nlatters by this
or
the said last-mentioned Act
required
to
be done by
such
such Owner, and
aiiy
Constable to whom such Warrant may be
directed shall duly execute the same; and every Owner who shall
with reasonable Diligyce pursue the
Means
hereby provided for
ob-
taining Possession
of
such House, Building, or Premises, for the Pur-
poses
aforesaid, shall
be
discharged from any Penalties to which he
may have become liable by reason of any Default in such Ilatter.
XCIX
And be
it
enacted, Tliat if the Owner of any House, Build-
Mow
Costs,
6.c.
are
to
be
recovered
ings, or Land iiiade liable
by
this Act for the Repayinent to the said
Council of any Costs, Charges, and Expences incurred, or llonies
ex-
from
pended by
them,
shall not, when and as soon as the same shall become
ers.
due and payable from him, repay
all
such Costs, Charges, Expences, and
Monies to t'he said Council,
it
shall be lawful for the said Mayor, Alder-
meii, and Burgesses to recover the
same
from such Owner, or from any
subsequent Owner
of
such Premises, in an Action of Debt in any of the
Superior Courts, or in any other Court having Jurisdiction.
C.
And be it enacted, That
by
way
of additional Remedy
it
Power
to
shall be lawful for the said Council, mhetlier any such Action shall
lev~CI1arges
have been brought against any such Owner or not,
to
require the
onoccupier.
Fayment of
all
or any Part of such Costs, Charges,
aid
Expences
from the Person
who
shall then or
at
any Time thereafter occupy any
such
House,
Building, or Land
;
and in default of Payment thereof
by
such Occupier, on Demand by
the
said Council,
the
same
may be levied
by
Distress and Sale of the Goods and Cliattels of such Occupier, in
the same Manner as any Rate
may
be recovered from him.
CI.
Provided always, and be it enacted, That in no Case, except
Occupier
as
herein-after mentioned, shall any Occupier, being only the Tenant of
not
to
be
such Premises, be liable to pay more Money in respect of such Costs,
more
liable
than
for
Charges, and Expences as aforesaid than the Amount of I'Lent due froin
the
Amount
him
at
the Time of the Demand made upon him for such Costs,
of'Ilent
due.
Charges, and Expenccs, or which shall at any Time after such Demand,
and Notice not to pay the same to his Landlord, accrue and become
payable by
him, unless
he
shall neglect or refuse, upon Application
made
to
him for that Purpose by or on behalf
of
the
said
Council,
truly to disclose the Amount of
his
Rent, and the Kame and Address
of the Person to whom such Rent is payable
;
but tlie Burden of
Proof that the Sum demanded
of
any such Occupier
is
greater than the
Rent which
was
due by
him
at the Time of such Dc-niand, or which
shall have since accrued, shall lie upon such Occupier.
CII. And be it enacted, That in every
Case
in which
aiiy
Occupier
Occupiers
of any
~ousc,
Buildings, or
rmis
s~iall have paici any Sum for
~~Y~~$~cc
levelling, makins, paving,
or
flagging any Street,
or
for making
or
re-
frorll
1tent
pairing any Drain, Privy, Cesspool,
or
other TITork, in respect of
his
in
certain
Occupation
of
such House, Ihddings, or Lands,
he
sliall be entitled to
Cases-
deduct from his Rent such Part of the Amount
so
paid
by
him as
is
hereiii-after specified
;
(that is
to
say,) if
at
the Tiiire of scch Work
being done he is
a
Tenant at Will,
or
for
any less
Term
than One
Year, he may deduct tlie Trhole Amount
paid
by him
;
if
for
Oiie
Year and
less
than
Two
Tears, he
may
deduct Siiieteeii Twentieths
thereof; if
for
Two
Years and less than Three Years, he inay deduct
[Local.]
25
I
Eighteen
2518
Eighteen Twentieths thereof; ancl
so
in the
same
Proportion the Amount
\vhich such Occupier shall
be
entitled to deduct shall be less
by
One-
tlventieth
Part
of
the Sum
SO
paid
by
hiin
for every additional Pear,
accordiilgr
,to
the Kmnber of Years unexpired
of
the
Term
for which
he
is
the lenant
;
but if such Occupier is the Tenant for
a
Term
of
Twenty Years or more he shall not be entitled to deduct from his
Xent any Part
of
the Sum
so
paid
by him
:
Provided always, that any
Tenant
under
a
Lease containing
a
Covenant for Renewal thereof shall
be deeiiied a Tenant for the full Term to which his Holding may be
extended under
sidi
Covenant
;
aid
that every Tenant for
a
Term
depiding upon
a
Life
or
Lives shall be deemed a Tenant for such
absolute Term of Years as shall be of the same Value as such
con-
tillgent Term, according to the Governineiit Tables
for
the Purchase
of Life Annuities
;
and every Lessor, being himself
a
Lessee
of
any
HOIISC,
Buildings,
or
Imids,
from whose ltent any Part of the Amount
so
paid to the said Council shall have been deducted
by
his Under.
tenant, shall be entitled, in like ;Ilanner, to deduct from the Rent
paj-able by him
to
his Lessor such
Part
thereof
as
accordin5 to the
Provisions herein-before contained he would have been entitled to
deduct from his Rent had he been the Occupier, and paid to the said
Council
as
aforesaid the Sum
so
deducted fi-om the ltent payable
to
hiin
:
Provided
also,
that nothing herein contained shall be taken
to
affect any special Contract made between any
Lessor
and Tenant
or
Occupier of any Houses, Buildings.,
or
Lands, respecting the
Pay-
ment of the Costs and Charges of levelling, making, paving,
or
flagging
any Street, or
of
constructing, remaking,
or
repairing
any
Drains,
Privies, Cesspools,
or
other
Torks.
Unoccupietl
CIII.
And
be
it
enacted, That if any House, Building,
or
Land
Or
unpro-
abutting on the
Sides
of any Street
or
Part of any Street, not being
a
ductive
Pro-
perty
may
Highway, which,
or
any Part
of
ivhich, shall have been levelled,
be
let
to
de-
formed, paved, or flagged
by
the said Council,
or
if any House or Build-
fray
Ex-
ing in respect of which any Drain shall have been constructed, made,
penccs*
or
remade by the said Council, and the Costs and Expences of which
Worlis are to be repaid to the Council
by
the Owners thereof in the
hIanner
herein-before provided, shall
be
unoccupied
or
unproductive.
and the Owner thereof shall for the Space of
Six
Months neglect
or
refuse
to
contribute and pa37 his Proportion of the Costs, Charges, and
Expences of levelling, making, paving,
or
flagging such Street,
or
the
Costs of constructing, making,
or
remaking such Qrain
or
other
Work,
and the same shall not have been recovered from the Occupier thereof,
it shall be lawful for the said Mayor, Aldermen, and Burgesses,
at
or
after the Expiration of Fourteen Days Notice to that Effect affixed or
placed on any such House, Building, or Land, to take possession
of
such unoccupied
or
unproductive House, Building, or Land, and to
fence
off
and let the same or
any
Part
thereof, by any Deed under
their Common Seal, for such Term as shall be agreed upon between the
intended Lessee thereof
and
the said Council, not exceeding the Term
which according to the Rent agreed upon shall enable the Council to
reiinhurse themselves, and
to
appoint some Person to deliver the
Possession
of
such House, Building,
or
Land to such
Lessee
;
and every
such Lease shall effectually
vest
the legal Estate in possession of the
House, Building,
or
Land comprised therein in the
Lessee
therein
named,
named, for the Term thereby expressed
to
be granted, and
shall
give
such Lessee
a
good Title thereto against the Owner thereof and
all
other Persons whomsoever; and the Rents of such House, Building,
or
Land shall be paid
to
the said Council, who shall thereout, in the
first place pay the Expences of such fencing and letting, ancl in the
next place,
pay
the Sum due from such Owner for his Share of the
Costs, Charges, and Expences of levelling, making, paving, or flagging
such Street,
or
construct,ing, making, or remaking such Drain or other
Work, and after Payment thereof shall retain the Surplus (if any)
of
such Monies for the Owner of such House, Building, or I,and, or
his Assignees
or
other legal Representative.
CIV. And be
it
enacted, That where any Street, shall have been
CouilciI
may
levelled, made, paved,
or
flagged
by
the said Council, and the Costs,
allow
to
Owners
Charges, and Expences whereof are to be repaid and reimbursed to the
for
Council
by
the Owners of the adjoining. Properties, in the Proportions
nent
of
and in the Manner herein-before provided,
or
in case any Drain or
Expences
of
other Work shall have been constructed, made,
or
repaired by the said
~~~~fs
a,ld
Council, the Costs of which are to be repaid
to
the said Council
by
the
malting
Owners thereof,
it
shall be lawful for the said Council and they are
Drains.
hereby required, in all such Cases where the Owner shall be only
Tenant for Life of such Premises, or where the Amount
of
the Sum to
be repaid
to
the Council shall be more than Half the Amount of the
net annual Value of such Premises, and in any other Cases in which
the said Council shall in their Discretion think
fit
to allow Time for
the Repayment of such Costs, Charges, and Expences, and to receive
the same by such Instalments
as
the said Council, under the Circnni-
stances of the Case, shall consider equitable and just, but
so
that the
same shall be repaid by annual Instalments of not less than One-
twentieth Part of the whole Sum originally due, with Interest for the
Principal Money from Time to Time remaining unpaid, after the Rate
of Five Pounds
per
Centum
per
Annum,
during the I'eriod of
For-
bearance, but all such Sums remaining due, notwithstanding the said
Council shall have agreed
to
allow any Time for the Repayment thereof
as
aforesaid, shall remain and be chargeable upon the several l'remises
in respect of which the same were originally payable, and shall and
may from Time to Time, at the Expiration of the several Times
so
allowed for Repayment thereof, be recoverable therefrom, and from
the respective Owners ancl Occupiers thereof, both present and future,
in like Jlanner as such respective Amounts might have been recovered
2nd
mould have been recoverable if no such Time or Times
had
been
allomed for Repayrnent thereof.
CV.
And in order to prevent any Dispute touching the Word
Persons
''
07~n~1-,77 for all the Purposes of this Act whereby an Owner is
receiving
Rents
to
be
required to do
any
Matter
or
Thing under the Provisions
of'
this Act,
deemed
the
or
to be rated, or pay any Rates
or
Monies, be it enacted, That the
owner.
person receiving the Rents of any Property from the Occupier thereof,
011
his own Account or as Trustee
or
Agent for any other Person,
shall he deemed the
"
Owner" of the same for all such Purposes.
CVI.
And
be
it
enacted, That the said Council shall cause all the
Coullcil
to
Streets, whether dedicated to the
Fse
of the Public or not, together
cause
.ivith
Streets
to
be
2520
cleansed,
and Dust
and
Aslies
removed
froin
the
Houses.
Dirt,
Dust,
&c.
vested
in
the
Mayor,
6.c.
Council
to
appoint
Scavengers.
Penalty
on
Scavengcrs
Mi
ng
to
1;)
r
ni
their
Duty.
with the Foot Pavemeiits, froin Tiine to Time to be properly swept
and cleansed, and
all
Dust, Dirt, and Filth of every Sort which may
be found thereon
to
be collected and removed therefrom, and sliall
cause all the Soil, Ashes, Rubbish, and Filth
to
be taken and carried
away from the Houses aiid Premises of the Inhabitants
of
the said
Borough, and sliall cause all or any
of
the Sewers, Privies, and
Cess-
pools
within the
said
Borough to
be
emptied and cleansed in
n
sufficient aiid proper Xanner,
as
shall be required
;
and it shall be
lawful for the said Council
to
purchase or hire any Cart, Carriage,
or
other Xachiiies, and also any Horse
or
Horses,
for the better execut-
ing and performing any of tlie above Duties
;
provided that nothing
hereiii coiitained shall authorize the Remoral
by
the Council of any
Horse
or
Cow JIaiiure froiii any Stable
or
Cowhouse, without the
Consent
of
the Owner thereof, save uiider the Provisions herein-after
contained witli respect to the same.
CVII.
And be it enacted, That, the
Dirt,
Dust, Kiglitsoil, and Filth
to
be
so
collected froin the Streets, l'rivies, Sewers, aiid
Cesspools,
and
all
tlie Dust, Ashes, acd Rubbish to
be
collected, taken, and
carried
away
from a11 and every of the Rouses or elsewhere within
the
said Borough, shall
be
the Property of the said
Nayor,
Aldermen,
and Burgesses, aiid are hereby vested in them, and the said Council
shall
have full Power to sell aiid dispose
of
the same for the Purposes
of
this Act, as they shall think proper, and the Money arising from
the
Sale thereof shall be applied for the Purposes of the Paving Bate
of tlie District in wliich the same shall have been collected, and the
Person purchasing the same shall have full Power and Authority
to
take, carry away, and dispose of the
same,
for his own proper
Use
and
Benefit.
CTTIII.
And
be
it
enacted, That
it
shall
be
lawful for the said Council
to
appoint and employ
a
sufficient
Xumber
of Persons,
or
to
contract
with any Company or other Persoii, for the sweeping, cleansing, and
watering of the
said
Streets, and for removing of
a11
Aslies,
Rubbish,
Filth, and for the emptying of Privies and
Cesspools
;
and such Persons
shall be
called
Scaveiigers
;
and such Scavengers
or
their Servants
shall,
on
sucli
Days
aiid
at
such Hours and in such lianner
as
the
said Council sliall from Time
to
Time appoint, sufficiently execute
all
such Works and Duties as they
shall
respectively contract or be
employed to perform
;
and if any such Scavenger fail to sweep and
properly cleanse
or
water any Street which he shall contract,
or
be
employed to sweep, cleanse, or water, or
sliall
fail to clean out and
empty any Privy,
Cesspool,
or
Sewer, at the The and in the ;\lanner
appointed by the said Co~incil,
or
on the lawful Request of
any
Owner
or
Occupier of any House
or
other Tencnient, or to collect or remove
any Dirt,
Ashes,
or
I:ubbish which he shall contract or be employed to
remove, at the Time
and
in tlie AIaimer prescribed
by
the Council for that
Purpose, or shall deposit
any
of such Soil, Dirt,
Ashes,
or Ilubbish in
any
other Place than sucli
as
shall be appointed by the
said
Council,
lie sliall for every
such
OFeence forfeit aiicl pay
a
Suiii not esceecling
Five Pounds; aiid if any sucli Scarenger
or
his Servant,
01-
any
Persoii employed to clean
out
or
empty
any
such Privy, Cesspool, or
Sewer, sliall malie use of
any
abusive or insulting
I,anguage,
or
be
guilty
2521
guilty of other such Behaviour, or in anywise wilfully misconduct
himself in any House, Yard, or other Place which he shall have
entered for the Purposes aforesaid, or towards any Inmate of such
House, he shall for every such Offence forfeit and pay
a
Sum not
exceeding Five Pounds.
(31s.
And be
it
enacted, That if the Dun6
01'
Soil
of
any Stable,
Regulatioiis
Cowhouse, or Pigsty, or other Collection
of
refuse Jlatter, shall at
to
prevent
Accumula-
any Time
be
allowed to accumulate within the said Borough for more
tions
of
than Fourteen Days, such Dung, Soil, or Kefuse shall, if not renioved
nun&
within Forty-eight Hours after Notice from any Oficer of the said
Council, become vested in the said Nayor, Aldermen, and Burgesses
;
and
it
shall be lawful for the said Council,
or
the Person for the Time
being having the Contract for doing
so,
to sell and dispose
of
the same
as
the Property of the said Mayor, Aldermen, and Burgesses, and the
Money thence arising shall be applied to the Purposes
of
the Paving
Rate
for the District wherein such Dung
or
Soil shall have
so
accu-
mulated
;
and if any Person shall allow
or
permit any Dung, Dirt,
Ashes, or Filth to accumulate within his Dwelling House for more than
Three Days after the Scavenger shall have applied to remove the
same, such Person, upon being lawfully convicted, shall be subject
to
a
Penalty not exceeding Forty Shillings
:
Provided always, that if at
any Time a.Certificate, signed
by
the Nedical Officer
of
Health herein-
after authorized to be appointed,
01-
by
any
Two
legally qualified
Medical Practitioners, shall be presented to the said Council, certify-
ing that any Accumulation of Dung, Soil,
or
Filth within the said
Borough ought
to
be removed,
as
being to the Prejudice of the Health
of the Inhabitants, the
Tomn
Clerk shall forthwith give Kotice to the
Owner or reputed Owner of such I>ung,
Soil,
or
Filth, to reiiiove the
same within Twenty-four Hours after such Notice, and in case of Failure
to
comply with such Notice, or if no such Owner can be found, the
said Dung, Soil,
or
Filth shall thereupon become vested in the said
Mayor, Aldermen, and Burgesses, and liable to be disposed of in the
Manner herein-before provided.
CX.
And be
it
enacted, That any Occupier
of
any House
or
Penalty for
Lands, or other Person, who shall refuse to permit any Soil, Dirt,
obstructing
Ashes, or Rubbish to be taken away by the Scavengers
appoiritecl
by
Scaven~ere.
or contracting with the said Council as aforesaid,
or
who
shall obstruct
the said Scavengers in the Performance of their Duty, shall for every
such Offence forfeit
and
pay
a
Sun1
not
exceeding Five Pouncls.
CSI.
And be
it
enacted, That every Person, otlier than
the
Scaven-
Pellalty
on
gers for the
Time
being,
or
other Person acting for or in their Behalf,
Persons
who shall collect
or
carry away any Sightsoil, Dirt,
Ashes,
Eubbisli,
$~~~~~s
or Filth from any Street or House or other Place witIiin tlie saici
removing
Borough, shall forfeit and
pay
a
Sum not
exceeding
Forty Sliillings
Dirt,
&c.
for the first Offence, Five Pounds for the second, and Ten Pounds for
the third and every following Offence.
CSII.
Aiicl be
it
enacted, That
110
Person shall suffer any waste or
Stagnant
stagnant Water, Filth, Rubbish,
014
other offensive Xatter to remain
POO'S
of
in
any Cellar or
other
Place mithin aiiy
IIouse,
or
on aiiy Ground be-
[
Locnl.]
2s
rc
longing
Water
and
An-
9"
&
10"
VICTORI,ZE,
..
cup.
CXXVII.
noyances
to
longing to or occupied by him,
SO
as
to be
a
Nuisance to any Person,
beremoved.
019
injurious
to
Health
;
and every Person who shall suffer any such
JVater, Filth, Rubbish, or other offensive Natter to remain for Twenty-
four Hours after receiving Notice from the Surveyor
or
other Officer
to the Council to remove the same, shall for every such Offence be
liable
to
a
Penalty not exceeding Forty Shillings
;
and every Person
who shall allow the Contents of any Privy, Ashpit, Middenstead,
or
Cesspool to soak
or
flow
therefrom, to the Annoyance of the Occupiers
of any adjoining Property, shall for cvery such Offence be liable to
a
like Penalty
;
and
it
shall be lawful for the said Council to drain and
cleanse out any stapnt Pools of Water, and to remove any such
Annoyance
as
aforesaid, and for
that
Purpose to enter, by their Officers
and Worknien, into and upon any Land and Premises at
all
reasonable
Times, and to do all necessary Acts for any of the Purposes aforesaid,
and to charge the Costs aiid Expences incurred thereby lipon the
Owiier or Occupier of the Premises upon which such Offence shall be
coiiiinittecl.
Owner
of
House
be required
to
provide
Privy
2nd
Ashpit
for
sarnc*
CSITI.
And be
it
enacted, That
it
shall belawful
for
the saidCounci1
or
Health Committee
to
require the Owner
of
any House
or
Tenement
separately occupied as
a
Dwelling, to which
no
sufficient Privy
or
Ashpit is attached, to provide such proper Privy to the same in such
Situation, not disturbing any Building already erected, and with such
proper
Door
and Covering to such Privy, and also such fit, and
suffi-
cient Ashpit, in such Situation, not disturbing any Building already
erected,
as
the said Council
or
Health Committee shall consider requi-
site for the
Use
of the Inmates and Occupiers thereof; provided that
a Privy and Ashpit,
or
Two
or
more Privies and Ashpits, may, with
the Approbation
of
the said Council or Health Committee, be used in
common by the Inmates and Occupiers of Two or more such Houses.
No
House in
out
proper
Privy.
CXIV. And be
it
enacted, That on aiid after the said Day on which
to
be
this Act shall conie into operation no House shall be built in the
said Borough without there being constructed, to the Satisfaction of
the said Council or Health Committee, in such Situation as shall be
appointed by the said Council
or
Health Committee,
a
Privy, with
proper Doors and Coverings to the same, and
also,
if required, an
Ashpit, together, if required by the said Council
or
Health Committee,
with a proper Funnel
or
Flue or other Means for carrying off upwards
any offensive Stench from such Privy
or
Ashpit.
built with-
Owners
of
CXV.
And be
it
enacted, That the Owner of every House
now
Hmes
to
built
or
hereafter
to
be built shall keep the Privy and Ashpit belong-
keep
Privies
ing
to such House,
or
used by the Inmates
or
Occupiers thereof,
E1
and
Aslipits
in
repair.
good Repair, to the Satisfaction of the saicl Council
or
Health
Corn-
iiiittce; and if the
Owner
of any
House
shall
not
provide the same with
a Privy, with such Door aiid Covering to the same, and also, if
required, with such Ashpit
as
aforesaid, or shall build any House
without such Privy, and, if required, such Ashpit,
or
shall not repair
such Privy aiid Ashpit
to
the Satisfaction of the said Council or
Health Committee, within One Month next after Notice in Writing
for
that Purpose from the Surveyor
or
other Officer thereto authorized
by the Council
or
I-Iealth Coininittee shall
have
been given to such
OIVl~er,
..
cup.
cxs\'11.
Owner,
or
left for him at his usual or last known Place of Abode,
or
upon or afixed to the Premises in respect
of
which the same shall be
given, every Owner
so
rnaking default shall for every such Default
forfeit any
Sum
not exceeding Five Pounds, and any further Sum not
exceeding Ten Shillings for every Week during which such Ilefault
shall in anywise continue unamended.
CXVI.
Xiid be
it
enacted, That
it
shall be lawful for the said
Public
Con-
Council to build, form, and erect such Privies, U~.inals, Necessaries,
~~~~~~~d.t"
and other similar Conveniences in such Situat,ions as they shall deem
proper for the Accommodation of the Public, and to defl-ay the
C
'x
p eiice
thereof, and
any
Damage occasioned to any Person by the Erection
thereof, and the Expence of keeping the same in good Order, out
of'
the
Monies
to
be collected for the Purposes ofthe Paving Rate.
CXVII. And for the Purpose
of
discouraging and prohibiting t,he Use
Cellars
in
of Buildings unfit for Dwellings,
he
it
enacted, That, on and after the
Courts
not
to
be
used
said
Day
on
which this Act shall come into operation
it
shall not be
as
separate
lawful to let separately for Habitation,
or
to occupy
or
suffer to be
Dwellings.
occupied as a separate Dwelling Place, any Cellar under any House in
any Court.
CXVIII. ,4nd
be
it
enacted, That on and after the Day on which this
Penalty
for
Act shall come into operation it shall not be lawfill to let separately
letting
Cer-
tain under-
to
hire as
a
Dwelling, nor to occupy or suffer to be occupied as such,
ground
any
Room or Cellar of which the Height in every
Part
from the Floor
Hoonis
or
to
the Ceiling
is
less than Seven Feet,
or
of wliich the Surface of the
Cellars
for
Floor is more than Four Feet below the Surface
of
the Footway of the
Dwel'inc.
nearest Street, nor unless there be an Area not less than
Two
Feet and
Six
Inches wide in every
Part
from
Six
Inches below the Floor
of
such
Room
or
Cellar to the Surface or Level of the Ground adjoining
to
the
Front thereof, and extending the full Length of such Front, protected
with sufficient Iron Railings to the Satisfaction of the said Council or
Health Committee, provided that
in
any
Part
of such Area not being
opposite to the Window
of
such Room
or
Cellar
it
shall be lawful to
place and maintain such Cellar Steps
as
shall be necessary for Access
to
such Room
or
Cellar, but
so
nevertheless that there shall at all Times
be
a
clear Space of at least Six Inches wide between every Part of
such Steps and the external Wall
of
such Cellar, and provided also
that
it
shall be lawful to place and maintain over and across any Part
of
such Area, not being over or opposite
to
such Window, such House
Steps as shall be necessary for Access to any EIouse above such Kooin
or
Cellar, and that, save as aforesaid, the said Area shall be open and
free from Obstruction,
nor
unless there be in such llooin
or
Cellar an
open Fire-place, with
a
proper Flue therefrom, and an external JVindow
of
st
least Nine Superficial Feet in Area, clear of the Sashfralne, Tvhicli
Window shall be
a
Casement Window opening on Hinges
or
Pivots,
unless the Sashes thereof shall be double, and made
so
as
to open both
at
the
Top
and Bottom
;
and every inner
or
back Cellar let or occupied
along
with such
Room
or Cellar
as
Part of the same Letting
or
Occu-
pation shall have an external Window opening as aforesaid, and
of
not
less than Four Superficial Feet in Area clear of the Sashframe
;
and
no
Room
or
Cellar shall be
so
separately let or occupied unless the
Owier
thereof shall provide for the Inmates thereof
a
Privy and (if
required)
2524
Exception
as
to
Cellars
built
in
pur-
suance
of
Houses
not
required)
a11
Ashl~it, to be respectively built
to
the Satisfaction
of
the Council
or
Health Committee, and
i:i
such Situation as they shall
approve;
and
if any Person shall let
cr
suffer
to
be
occupied or oc-
any
underground Cellar or
Rooin
contrary to the Provisions
of
CUPY
this
Act, after Kotice shall have been given to hiin of the Existence,
Nature, and Consequences
of
this Enactnient, then,
on
Conviction
thereof before
Two
Justices
of
the Peace, sucll Person shall be liable
to
forfeit, for every
Day
during which such Cellar or Room shall
be
so
occupied,
a
Sum not *exceedin~ Twenty Shillings
;
provided that every
such Room
or
Cellar
in whlch any Person shall sleep or
pass
the
Xight shall
be
deemed and consiclered to be occupied
as
a
Uwelling
for the Purposes of the above I'hactment.
CSIX.
And
whereas by the said recited Act passed in the Fifth
Year of the Reign of Her present Jfajesty, intituled
An
Act
for
the
Pronzotio72
of
the Ilcnlth
of
the Inliabitants
of
the
.73orough
of
Liverpool,
aid
the
better
Regulation
of
Btiillings
in
the
said
Borough,
it
was
pro-
vided that froin and after the First
Day
of
Jdy
One thousand eight
hundred and forty-four it should riot be lawful to let separately, ex-
cept as
a
Karehouse
or
Storehouse, or to suffer to be occupied
as
a
Dwelling Place, any Cellar or
Room
under any other House whatsoever,
which Cellar
or
Room
should
be less in Height from the Floor to the
Ceiling than Seven Feet,
or
which should be less than One Third
of its Height above the Level
of
the Street adjoining the same,
or
otherwise should not lime Two Feet at least of its Height from
the Floor to the Ceiling above the said Level, with an open Area
of
Two Feet wide from the Level of the Floor
of
such Cellar
or
Room
up
to
the Level
of
the said Street,
or
which should not have attached
thereto the Use of
a
Privy and an Sshpit, according to the Enact-
ment therein contsiiied, or which should not also have
a
Window
of
not less than Three Feet Square, or otherwise of an
Area
of riot less
thm
Sine Feet clear of the Sashfrarne, and
a
Fire-place with
a
Chiiiiney or Flue
:
And
whereas
divers Cellars have been respectively
built and altered in the said Borough
so
as
to conform to the said
recited Provisions of the said Act
;
be
it
enacted, That nothing
in
this Act containecl shall be held to subject any Person to the said
Penalty last herein-before mentioned by reason of the occupying
or
permitting to be occupied, in any Street being
a
Carriageway, of any
Cellar
so
built
or
altered as last aforesaid before the passing of this
Act, and which shall continue to conform to the said herein-before
recited Provision
;
but the Burden
of
Proof that such Cellar has been
so
built or altered before the passing of this Act shall be upon the
Person occupying or suffering
such
Cellar to be occupied as aforesaid:
Prorided always, that between the Time
of tlie
pasbing
of
this Act
and tlie Day
on
which the
saine
shall
come
into operation
it
shall not
be
lawful to build any underground
Eooin
or Cellar intended for
separate IIabitatioii
unless
the
same
shall be built conforillably n-ith
the
Provisions of tliis
,4ct.
CIS.
And
for
the better Regulntion
of
IIabitations to be here-
to
be
of
less
after erected in the
said
Borough,
lie
it enacted, That
110
I-Iouse shall
be
hereafter built in the said
13orough
\rliicli shall iiot hare at
least
Dimensions
than
is
Iiere-
in
specified.
One
I:Ooill
011
the Ground
E!oo~*
coiit:tining One hu1idred :111d &$.lit
Superficial
Superficial Feet clear of any Stairs
or
Staircase, or any other Reduc-
tion, save One Chimney Breast and Fire-place therein,
or
which shall
have any Room therein which shall in any Part thereof be less than
Eight Feet in Height from the Floor to the Ceiling, save Cellars used
for Habitation, which shall not be less than Seven Feet, ancl Cellars
not used for Habitation, which shall not be
less
than
Six
Feet in
Height from the Floor to the Ceiling, and Attic Rooms in which
there shall either be
a
Span of not less than Fourteen Feet at the
Spring of the
ltoof,
with a clear perpendicular Height from the Floor
to
the Ridgetree of not less than Twelve Feet, or otherwisc in which
there shall be
a
clear Height of
at
least Two Feet Six Inches,
measuring perpendicularly fi-om the Floor to
a
horizontal Line drawn
from
the lowest Spring of the Roof, and a clear Height and Space
from and between the said last-mentioned horizontal Line to the lower
Side of the Ridgetree
of
not less than Nine Feet; provided that in
any Case when there shall be in such Attic Rooin an Excess of clear
Height from the Floor to the said lowest Spring of the Roof beyond
the said specified Height of Two Feet,
Six
Inches
it
shall
be lawful
to
reduce the said Space between the said horizontal Line and the lower
Side
of
the Ridgetree by an Amount not greater than Double such
Ex-
cess, but
so
nevertheless that there shall in no
Case
be
less than Eight
Feet, measuring perpendicularly from the Floor to the said lower Side
of the Ridgetree
;
provided that no Room shall be held or considered
to be an Attic
Room
for the Purposes
of
this Act unless such Rooin
is
in
a
House having Three Floors above the Basement, and unless
some Part of such Room is higher than the said Sprins of the Roof,
and there shall in no Case be more than One Attic Story in
any
House.
CXXI. And be
it
further enacted, That in every Room which shall
ind dons
to
be
of
a
spe-
be used for Habitation in any such House there shall be
at
least One
cified
Size.
external Window the Dimensions of which shall not be less than Five
Feet in Height
and
not less than Three Feet wide, clear
of
the Sash-
frame,
or
otherwise shall be
of
an Areit of not less than Fifteen Feet
clear of the Sashfi-ame
;
provided that Attic ancl Cellar Windows inay
be
of
Dimensions not less than Three Feet Square,
or
otherwise of an
Area
of
not less than Nine Feet clear
of
the Sashframe
;
and every such
Window, whether in the Cellar, Attic, or other
Room,
shall be
a
Case-
ment Window opening on Hinges
or
Pivots, unless the Sashes thereof
shall be double, and made
so
as
to open both
at
the Top
and
Bottom.
CXXII.
And
whereas the Health of the Population, especially of
~ppoint-
the poorer Classes,
is
frequently iii,jurecl by tlie I'revslence of epi-
nwnt of
Me-
demical and other Disorders,
and
the I'irulence and Extent of such
$F~~~~er
Disorders is frequently clue and owing to the Existence of local
Causes which are capable
of
Eeiiioval, but which
have
hitherto fly-
quently escaped Detection from the TTant of some experiencecl Person
to examine into and report upon them, it is expedient that Power
should be given
to
appoint
a
duly qualified Medical Practitioner for
that Purpose
;
be
it
therefore enacted, That it
shall
be
lawful for the
said Council to appoint, sukject to the Approval of One of Her
Majesty's Principal Secretaries of State,
a
legally
qualified IIedical
Practitioner of Skill and Experience to inspect ancl report periodically
on
the Sanatory Conclition of the
snid
Eorongh,
to
ascertain the
[Local.]
28
L
Existence
to
white-
wash
and
purify them.
Penalty
on
Owner for
NiJ
ect.
Appoint-
ment
of'In-
spector
of'
Nuisances.
1i:r;istcnce
of
Diseases, more especi:dly Epidemics increasing the Rates
of JIortality, and to point ont the Existence
of
any Nuisances
or
other
local
Causes which are likely
to
originate and maintain such
Diseases, and iiijuriously affect the Health of the Inhabitants of the
said I3oro~1~11, and to take cogiiizance of the Fact
of
the Existence
of
any contagious Disease, and
to
point out the most efficacious Modes
for checking or preventing the Spread of such Diseases, and also to
point out the most efficient Means for the Ventilation
of
Churches,
Chapels, Schools, registered Loclgiiig Houses, and other public Edifices
within the said Borough,
ancl
to perform any other Duties of a like
Kztture which nxiy be required of hiin; and such Person shall be
called
"
The
Meclical Officer of Health
for
the Borough of
Liverpool;
"
and
it shall be lawful for the said Council to pay to such Officer such
Salary
as
shall be approved of by One of
Her
IIajesty's Principal
Secretaries of State.
Council inay
order
Own-
CSXIIT. And be it enacted, That when
it
shall appear to the said
Cpuncil
or
Health Committee, either from the Report of the said
Officer of Health for the said Eorouzh
or
otherwise. that anv
House
ers
of
Houses
U
or Part of any
HOLIS~,
or
the Premises adjoining to any Housc, in the
said Borough, is or are in such
a
filthy or unwholesome Condition that
the Health
of
the Inmates or of the Public is thereby affected
or
endangered, or that the whitewashing, cleansing,
or
purifying of any
such House
or
of any
Part
thereof would tend to prevent
or
check
infectious or contagious Disease which may have occurred therein,
it
shall be lawful for the said Council or Health Committee from Time
to Time, if they shall think it expedient,
to
order the Owner or Occu-
pier of such House or Dwelling, or
Part
thereof, within the said
Eorough,. to whitewash, cleanse, and purify the same in such Manner
and within such Time as the said Council
or
Health Committee may
deem reasonable; and if such Owner or Occupier shall not comply
with such Order he shall forfeit and
pay
any Sum not exceeding Ten
Shillings for every Day's Keglect thereof; and it shall be lawful for
the said Council or Health Committee to cause such House
or
Dwel-
ling, or any Part thereof, to be whitewashed, cleansed, and purified,
and to recover thc Expence thereof from such Owner or Occupier
;
proridecl that when, on account of the Poverty of such Owner
or
Occupier
or
other special Circumstances,
it
shall appear expedient to
the said Council
or
Health Committee to pay the whole or any Part
of such Expence, it shall be lawful for them
so
to do out of the
Monies to be raised by this Act.
CXXIT'.
And be
it
enacted, That
it
shall be lawful for the said
Council and they are hereby required to nominate and appoint One
or
more Persons to superintcnd and enforce the due Execution of all
Duties to be performed
by
the Scavengers appointed under this Act,
and to report to the
said
Council and Health Committee
all
Breaches
of the Bye
Laws,
Rules, and Regulations of the said Council and
Health Committee, and to point out the Existence of any Nuismces
;
and such Person shall be called
''
The Inspector of Nuisances
;"
and
the
said Council and Health Committee shall require such Inspector
to
provide and keep
a
Book in which shall be entered all Complaints
made
by
any Inhabitant
or
the said Borough of any Infringement
of
the
..
>I0
&
IO"
VI
CTORIR,,
Cup.
CSXY\~PI.
the Provisions of this Act,
or
of the Eye
Lam,
Rules,
and
Rcgula-
tions made by the said Council for the Preservatioll of due Order and
Cleanliness,
or
for the Suppression of Nuisances,
as
inay be required
by
the said Council and Health Committee
;
and such Inspector shall
forthwith inquire into the Truth
or
otherwise of such Complaints, and
report upon the same
to
the said Health Committee
at
their next
Meeting; and such Report, and the Order of the said Health
Coin-
inittee thereon, shall be entered in the said Book, which shall be kept
at the Office
of
the said Town Clerk, and shall be open
at
all
reason-
able Times to the Inspection of any Inhabitant within the said
Borough
;
and it shall be the Duty of such Jnspector, subject to the
Direction of the said Council and Health Committee, to make Corn-
plaints before any Justice, and take legal Proceedings for the I'unish-
ment
of
any Person
or
Persons
for
any Offence under this Act,
or
under any Bye Laws made
by
virtue thereof.
CXXT'. And whereas the Keepers
of
Lodging Houses of an in-
For
t!lc
Re-
gulation
and
ferior Description
for
the Accominodation of RIendicants, Strangers,
I,,spection
and other Persons for the Night or other short Periods,
allow
the
~,~d~i~~
same to be crowded
by
receiving more Lodgers that such Lodging
Houses.
Houses are adapted to contain, with
a
due Regard to Health, and allow
Persons affected with Fever and other Diseases of a contagicus Kature
to
remain in them
till
Infection has been communicated
to
other
Lodgers, and receive other JJodge~*s into the Apartments and Beds
from which diseased Persons have been removed, without any puri-
fying
or
other disinfecting Process
;
be it enacted, That no Keeper of
any such Lodging House within the said
Zorough,
and which shall
not be
a
Public House
or
Inn licensed by Justices
for
the Sale
of
spirituous Liquors, shall accommodate
or
receive such Lodgers, unless
such House shall have been registered in
a
Book to be kept by the
said Council
or
Health Committee for that Purpose
;
and
it
shall be
lawful
for
the said Council
or
Health Committee from Time to Time
to
fix
and determine the Number of Lodgers who may be accomino-
dated
in
each such Lodging House
;
and the Names of the Keepers
of
such Lodging Houses shall be recorded
by
the said Council and Health
Committee in
a
Register to be kept for that Purpose
;
and such Council
or
Health Committee may order that
a
Ticket, containing the Number
of Lodgers for which the House
is
registered, and
any
liules
or
In-
structions of the said Council
or
Health Committee regarding Health,
Cleanliness,
or
Yentilation, shall be hung
iip
or
placed in
a
conspicuous
Part of each Room into which Lodgers are received
;
and the Keepers
of
all
such Lodging Houses shall
at
all Times give Access thereto when
required by any Person
or
Persons appointed by the said Couiicil
or
by the said Health Committee, for the Purpose of making an Inspec-
tion and Inquiry,
or
for the Purpose of performing any disinfecting
Process which the said Council
or
Health Committee may
order;
and
if any Keeper
of
such Lodging House shall oEend against any of these
l'rovisions he shall be liable for each such Offence to a Penalty not
exceeding Forty Shillings.
CSXVI. And be it enacted, That from and after the said Day on
Furnaces
to
which this Act shall come into operation all Furiiaces employed or to
be
made
to
be employed in the working
of
Engines
by
Steam, and all Furnaces
theirown
consume
ernployd
Smoke.
3538
90
sr.
ioo
VICTORIB,
Cap.
cxxvii.
employed or to be eiiiployecl in any Ifill, Factory, Dyehousc,
Brewery, Bakehouse, Gasworks, and other Buildings used for the
Purposes of Trade
or
Nanufacture within the said Borough (although
a
Steam Engine be riot used
or
employed therein), and all Furnaces
employed in working the Engines of any Steam Boats plying on the
River
Nemey
between the said Borough and any Place
ill
the Coun-
ties Palatine of
Chester
and
Lancaster,
and of any Steam Tugs
or
Boats employed for the Purpose of towing or haling any Ship or
Vessel in the said River,
or
plying for such Employment, or of any
Stcairi Boats plying for Hire between the Port of
Lizw-pool
and any
Place in the United Ihgdom of
Great
Britain
and
Irelaizd,
shall,
in
all
Cases where the same shall be practicable, be constructed
so
as
Penalty
on
to
prevent or coiisuine their
own
Smoke; and if ally Person shall
Ownersof
after the said Day on which tliis Act shall come into operation use
Furnaces
for
any Furnace for any of the Purposes aforesaid within the said Borough
Neglect.
or
011
the said Iiiver which shall not be
so
constructed
as
aforesaid, or
shall negligently use any Furnace for any of the Purposes aforesaid
so
constructed
as
to
prevent or consuine the Smoke thereof, or
shall
carry
on any Trade
or
Business which shall occasion any noxious
or
offensive
Effluvia,
or
otherwise annoy the Neighbourhood or Inhabitants, without
using the best practicable Means for preventing
or
counteracting such
Annoyance, every such Person
so
ofhiding, or the Owner
or
Occupier
of every such Furnace
or
Annoyance, or the Master
or
otlier Person in
charge or comrnand of such Eoat on such River, shall forfeit and
py
a
Sum not exceeding Five Pounds for and in respect of every
Day
during
which such Furnace
or
Annoyance shall
be
so
used and continued after
One Month's Xotice in Writing
shall
have been given to hiin by the said
Council
or
their Officer to remedy or discontinue the same.
H~~
the
said
CXXVII. And be
it
enacted, That the said Penalty shall be reco-
Penaltymay
vered in the same Manner
as
other Penalties imposed by this Act are
be
reco-
directed to be recovered, provided that the Penalty for any such
Offences committed on the River
Meiaey
inay be recovered before
vered.
any
Two
Justices acting for the said Borough
or
for the said Counties
Palatine of
Lancaster
and
Cliester
respectively.
Recital
of
CXXVIII. And whereas certain Slaughter Houses
or
Euildinp
certain
for the killing and dressing
of'
Beasts and Cattle have been erected
111
Powers as
to
the said Borough under the Powers
and
L4uthorities of the said recited
Act
of
the Twenty-sixth Year
of
the Reign of His late Majesty Iiing
Slaugli
ter
Houses.
George
the Third: And whereas
it
was
enacted by the sanie Act that
no
Beast or Cattle should
be
killed
or
dressed elsewhere in the said
Town,
save
in such Buildings, under
a
certain Penalty therein speci-
fied
:
And whereas the said Act applied to the Borough as tlie same
was limited prior to the passing
of'
tlie said Act to provide for the
Regulation of Xunicipal Corporations in
Emylcii2d
ancl
JVales
:
And
whereas by
the
said recited Act passed in the Session
of
Parliainent
held in the Fifth and Sixth
Years
of
the Ecigii of Her present &+sty,
intituled
An
Act
.for
t?te
Iinpi*ore~m~t,
yoocl
GIol;'er12112e12t,
and
Police
,&yzilalion
of
the
Borozyh
of
Liverpool,
it
was
anlongst other things
enacted, that the several Slaughter Houses tlien used within the new
Parts of
the
said
Borougli,
(that is to say,) vithin such
Parts
of
the
present Uorough as were not comprised therein previous to the passing
Of
5
6r
6
Vkt.
c.
106.
..
9"
8~
10"
VICTORIIE,
Cap.
cxxni.
of t,he said Act to provide for the Regulation
of
Municipal Corporations
in
England
and
Wales,
should be registered
at
the Town Clerk's Office,
under
a
certain Penalty,
as
therein mentioned
;
and
it
was
by the same
Act further provided, under the Penalty therein mentioned,
that
no
Place which had not been
so
used previously
to
the Commencement
of
the said
Act
should be used
or
occupied as
a
Slaughter House within
such new Parts
of
the said Borough, unless
a
Licence for that Yurpose
were previously obtained from the said Council: And whereas by the
same Act the Coiincil were empowered to grant certain Licences
to
Retail Butchers for the killing of Cattle within the Borough
as
the
same
was
limited prior to the passing of the said Act for the Regula-
tion
of
Nunicipal Corporations in
England
and
'Wales
;
be
it
therefore
enacted, That any Person who shall within the Parish of
Liverpool
be
slaugh-
kill
or
dress
for
the Purpose
of
Trade,
or
cause
or
permit
to
be
teredelse-
killed
or
dressed for such Purpose, any Cattle elsewhere than in the
where than
said Slaughter Houses erected
as
aforesaid, under the said Powers and
in
such
Slaughter
Authorities of the said recited Act passed in the Twenty-sixth Year
Houses
or
of
the Reign
of
His late Majesty King
George
the Third,
or
in
a
Place
other
li-
erected
or
used for
a
Slaughter
House
under
a
Licence for that
censed
Purpose granted
by
the said Council under the Authority of the said
Places.
Act
for
the Improvement, good Government, and Police ICegulation
of
the Borough of
Liverpool,
and in force
at
the Time of the killing
or
dressing of such Cattle, shall
for
every such Offence forfeit and pay
a
Sum
not exceeding Five Pounds, and the like Penalty for every Day
after the first upon which such Offence shall be continued.
No
Beast
to
CXXIX. And be
it
enacted, That every Inspector of Nuisances to
Inspector
of
be appointed under the Authority of this Act shall by virtue of such
to
Nuisances be
also
Appointment have, exercise,
and
enjoy
all
the Rights, Powers, Privi-
Illspector
of
leges, and Authorities which by the said
,4ct,
intituled
An Act for the
Slaughter
Improvement,
good
Government, and
Police
Regulation
of
the Borough
of
Houses and
Liverpool, are conferred upon
any
''
Inspector of Slaughter Houses
Meat*
and
Meat"
appointed under the Authority
of
the said Act,
CXXX. And be
it
enacted, That on and after the Day on which
Knackers
this Act shall come into operation
it
shall be lawful for the said
Yards
to
be
Council from Time to Time, upon Application being made to them for
licensed
registered.
and
that Purpose, to grant Licences to such Persons
as
the said Council
shall in their Discretion think
fit,
to
carry on the Trade and Business
of
Knackers, and
to
deal in dead Horses and other Carrion; and in
every such Licence shall be contained and expressed the Kame
of
the
Person to whom such Licence is granted, and the Name, Situation,
or
other local Description of the Knacker's Yard
or
other Place wherein
such Trade
or
Business may be carried on by the Person
to
whom
such Licence shall be
so
granted; and every such Licence shall be
under such Conditions, Restrictions, and Limitations, and shall con-
tain such Clauses for the Forfeiture thereof,
as
shall
or
may
from Time
to
Time be prescribed
or
directed by the said Council; provided
that no such Licence
shall
be did
or
effectual until the same shall
be registered at the Office of the said Town Clerk.
CXXXI. And be it enacted, That
every
Person mho shall
be
so
Name
of
licensed
as
last aforesaid shall cause to be painted in Roman Capital
Person
li-
[Local.]
28
A%!
Letters,
censed
as
9
9530
.,
cup.
CXXVJl.
Knacker
to
‘le
Painted
on
Premiscs.
Letters,
Six
Inches at the least in Height, and of
a
proportionate and
poper 131wiitli, in such Place as shall be appointed
or
directed by the
saicl Inspector of Kuisances, over or adjoinilig to the Door
or
other
Eritrance
of the Yard or Place in which he shall be
so
licensed to carry
on
the said Trade or Biisiness, his
Name
and Suriiame, together with
the
Words
‘‘
Licensed Knacker,” and shall continue the said Kame and
Words
so
painted
as
aforesaid during the whole Time that
he
shall
carry
on
such
Trade
or
Business in such Yard
or
Place.
No
I’erson
CXXXTI.
And
be
it, enacted, That if after the
said
Day on which
to
carry
on
this
Act
slid1 conic into operatioil any Persoii shall, within the said
the
Trade
of
Knacker
Borough, curry on the
Trade
or Business of
a
Knacker, or deal in dead
witliout such
Horses or other Carrion, without having obtained such Licence, or
Iicence-
after the Forfeiture or other 1)etermiixtion of such Licence, or if any
Person shall within the said llorongh carry
011
such Trade or Busi-
ness, or slanyhter
for
the Purpose
of
Trade
ally
Horse
or
other Aninial
unfit for the
Food
of
Nan,
or deal in the same
01-
in any Carrion mhat-
soever,
in any Yard
or
Place which shall not be
so
named or described
in soiiie snch Licence in force
:it
such Time
as
a
Place in which such
Trade
or
I3usiness
may
be carried on,
or
which shall not
at
such Time
have the
Name
of the Persoii licensed to carry on such Trade therein
so
inscribed thereon
as
herein-before directed, shall for every such
Offence forfeit and pay a
Sum
not exceeding Five Pounds, and the
like Penalty for every
Day
after the first upon which such Offence
sh:tll
be continued.
Justicesinay
CSXXIII.
And be
it
enacted, That if any Candle House, llelting
order
Nui-
House, Jlelting Place, or Soaphouse,
or
any Boiling House for Offal,
sances to be
or
any Cellar,
Room,
01’
other Place used
for
storing Bones
or
Rags,
abated.
or any Manufactory or other Euilding
or
Place in the said Borough,
shall be certified to the Council or to the said Health Coininittee by
the Officer of IIealth to
be
a Kuisance,
aid
injurious to the Health
of
the Inlinbitants, the said Council
or
the said Health Comniittee shall
direct Complaint to be made hefore any Justice, and
it
shall
be
lawful
for any such Justice to suininon the Person by or on
whose
Behalf
such guisance
is
carried on before any
Two
Justices, and such Justices
shall inquire into such Complaint,
and
it
shall be lawful for them,
by
an
Order in Writing under their Hands, to direct and order the Persoii
by
or on dose Behalf such Nuisance
is
carried on to discoiitinue
or
remedy the same within such Time as to thein shall appear expediect
:
Provided always, that if
it
shall appear to such Justices that, in carry-
ing on the Business complained of, the best Means then known to be
available for mitigating the injurious Effects of such Business have not
been adopted,
it
shall be lawful for them to suspend their final Deter-
inination, upon Condition that the Person so complained against shall
undertake to adopt, within
a
reasonable Time, such Means
as
the said
Justices shall find to be practicable, and order to
be
carried into effect,
for mitigating
or
preventing the injurious Effects of such Business.
PcnaltY
for
Disobe-
dience
of
Justices
Order.
CSSXIV.
And be
it
enacted, That if any such Nuisance
as
afore-
said shall not be discontinued
or
remedied within such Time
as
shall
be
ordered by the said Justices, the Person
by
or
on
whose
Behalf
such Kuisance
is
carried on, kept, or made shall be liable to
a
Penalty
not
9"
&
10"
VICTOKI2E,
Cup.
cxsvii.
5253
1
not exceeding Five Pounds for every
Day
duriiig which such Nuisance
shall be continued
or
unremedied
after
the Expiration of such Time
as
aforesaid
:
Provided almays, that when any Person who shall think
himself aggrieved by any such Order shall, according to the Provisions
contained in this Act, appeal against any such Order, such Person
shall not be liable to discontinue or remedy the Nuisance mentioned
therein,
or
to
py
any Penalty, until after the Expiration of Five
Days after the Determination of such Appeal, and the Confirmation of
such Order, unless such Appeal shall cease
to
be prosecuted.
CSSXV.
And be
it
enacted, That nothing in this Act contained
Act not
to
shall be construed to render lawful any Act or Omission on the Part
deet
Nui-
of any Person which is
or
but for this Act would be deemed and ad-
sances
Common
at
judged
to
be
a
Nuisance at Common Law, nor to exempt, any Person
L~,!,.
guilty of a Kuisance at Common Law from Prosecution
or
Action in
respect thereof, according to the Forms of proceeding at Common Law,
nor from the Common Law Consequences upon
a
Conviction thereof:
Provided always, that if any Person coiivicted of an Offence under this
Act
shall
have paid the whole Amount adjudged to be paid under such
Conviction, and the Costs thereof, in every such Case he shall be re-
leased from all further
or
other criminal Proceedings for the same
Offence.
CXXXVI.
And whereas by the said recited Act passed in the
Water
to
be
Session of Parliament held in the Sixth and Seventh Years of the
supplied for
.[Reign of Her present Majesty the Comniissioners in that Act men-
Pur-
tioned were empowered to purchase Lands, and to sink Wells, and
erect Steam Engines, Tanks, and lteservoirs, for the providing a coii-
stant and regular Supply of Water for the watering of the Streets,
and the Extinction
of
Fires, and for the Supply
of
Baths, and
for
other public Purposes, as in the said Act mentioned, but the Powers
of the said Commissioners for supplying Water
for
such Purposes are
confined to that Part of the Borough of
Liverpool
which is comprised
within the Boundaries of the Parish
of
Liverpool,
and do not extend
to the said Townships of
Everton
and
Iiirkdule,
or
to the said Parts of
the Township
of
West
Derby
and
of
the Extra-parochial Place of
Tuxteth
Park
which are respectively situate within the Boundary of
Powers
of
the said Borough
of
Liverpool:
And whereas
it
is expedient to extend
Cornmission-
such Supply
of
Water as aforesaid to the ~vlaole of the said Borough
;
be
it
enacted, That
on
and after the said Day
on
which this Act shall
c.
75.
to
come into operation all and every the Powers, Authorities, and
cease.
Duties of the said Commissioners, of what Kature
or
Kind soever, coii-
ferred
or
imposed upon them by or by virtue
of
the said last-recited
Act, and of every Officer
or
other Person acting under such Authority,
shall wholly cease and determine, but without Prejudice to any Acts
or Proceedings previously done, had, or transacted uiider
or
pursuant
to such Powers, Authorities, and Duties, or to any Demand or Lia-
bility by reason
or
in consequence thereof, and which shall be existing
on the said Day when this Act shall come into operation.
which this Act shall come into operation such of the Powers,
the commis-
Authorities, and Privileges, and the Right and Obligation
to
carry
sioners un-
der
the
said
CXXXVII.
And be
it
enacted, That on and after the
Day
on
power
of
into
8532
9'
&
10'
VICTORIB,
Act
trans-
into effect such of the Provisions respectively contained in the said
fend to the
last herein-before recited Act as if this Act
had
not been passed
lnight have been exercised, enforced, or carried into eft'ect by the said
Commissioners, (save only and except such of the aforesaid Powers,
Authorities, Privileges, and Provisions
as
are hereby repealed,) shall
be and the same are hereby transferred unto and vested
in
the said
Mayor, Aldermen, and Burgesses, and the said respective Powers,
Authorities, and Privileges shall be from Time to Time exercised by
the said Council, and the said Provisions shall be carried into effect in
the i\lanner herein directed.
Property
of
Cm~mis-
sioners un-
der the
said
Act
vested
in the
Mayor,
kc*
CSSXTIII.
And be it enacted, That on
and
after the Day on
which this Act shall come into operation all the I,ands, Mcssuages,
Buildings, Engines, Wells,
Works,
and Hereditaments, of whatsoever
Tenure or Description, which shall then belong to
or
be vested in the
said Commissioners,
or
which shall have been acquired
by
them under
the Powers and Provisions of the said last-recited Act, and shall be
then held by them, and also
all
the Monies, Lands, Covenants, Debts,
Arrears of Debts, Arrears of Rates, Liabilities, Deeds,
Books,
Writings,
Maps, Plans, and Personal Estate whatsoever, which shall then be
vested in such Commissioners, shall be and the same are hereby vested
in the said Mayor, Alderinen, ancl Burgesses, for the like respective
Estates, Rights, and Interests, and in like Manner, as the same
respectively would have remained
or
have been
so
vested in
or
would
have belonged to such Commissioners respectively if this Act had not
been passed; and
all
Persons and Corporations who shall then
owe
or
be subject,
to
any Liability, whether immediate
or
future, to pay
any such Money to such Commissioners, shall
pay
the same, with all
Interest, if any due
or
to become due thereon, to the said
Mayor,
Aldermen, and Burgesses, upon the Trusts and for the Purposes of
carrying into execution the Powers and Authorities hereby intrusted
to them.
Contracts,
CXXXIX.
And be
it
enacted, That on and after the said Day on
".
under
which this Act shall come into operation
all
Contracts, Assurances,
the
said
Act
may
be en-
Acts, and Proceedings by the said last-mentioned Act authorized to
forced by or
be entered into, macle,
or
transacted with
or
carried on
by
or against,
against the
and all Forfeitures, Penalties, and other Obligations thereby imposed
Or
upon such Commissioners in relation to the Exercise and Execution
the Mayor,
etc.
by them of the several Powers, Authorities, and Provisions by this
Act transferred to
or
authorized to be exercised
by
the said Mayor,
Aldermen, and Burgesses,
or
the said Council, and which are not
hereby repealed, shdl
or
niay be entered into, made,
or
transacted
with, and be incumbent upon, carried on
by,
ancl enforced apinst the
said
Mayor, Aldermen, and Burgesses, ancl the said Council respec-
tively, in the same Manner and
as
fully
as
if the respective Enact-
ments in relation thereto were herein repeated, with the Substitution
of a Reference to the said Mayor, Bldermen, and Burgesses, or the
said Council respectively,
for
the respective References in the same
Enactments contained to the said Commissioners respectively.
Repeal
of
CXL.
And be
it
enacted, That the several Provisioiis of the said
certain Pro-
last-recited
Act
for the
making
of a Rate, and for the Application of
visions
of
the
..
9"
8~
10"
VICTORI,;E,
Cup.
cxxvi1.
2533
the Rates in the said Act recited, and for the empo-c\;ering the Owners
hic
said
of Property beyond the Limits in the said Act mentioned to make
*ct.
private Sewers into the Sewers vested in the said Commissioners, and
which are contained in the Forty-first, Forty-third, and Forty-fourth
Sections
of
the said Act respectively, shall be and the same are hereby
repealed, but without Prejudice to any Acts or Proceediiigs heretofore
done, had, or transacted under or pursuant to the same, or to any
Demands or Liabilities by reason
or
in consequence thereof.
CXLI.
And be
it
enacted, That
it
shall
be lawful for the
said
:$'D,Ctio
Council and the
said
Council shall
lay
down and for ever maintain
Pipes
and
Pipes and supply such Water throughout the said Townships
of
sup~y
Everton
and
Iiirkdale,
and the said Parts of the said Township
of
West
kt
ater
Derby
and of the
said
Extra-parochial Place
of
Tozteth
Park
which
:I:'i$O$,,.
are respectively situate within the
said
Borough,
in
such
and
the like
llanner, and subject in all respects to the same Restrictions and
Liabilities, as
by
virtue of the said recited Act and this Act they are
empowered and required
to
do with respect to such
Part
of the said
Borough
as
is situate within the said Parish of
Liverpool.
CXLII. And whereas by the said recited Act it is provided that the
Annual Sum
of
5001.
to
said Mayor, Aldermen, and Burgesses shall, for
the
Consideration
be
paid
by
therein mentioned, and
as
Part of the Expence of maintaining the Fire
Council
Police of the said Boro~$!, ply an annual
Sum
of
Five hundred
towards
the
Pounds to the said Commlssloners, to be applied
as
therein mentioned
;
Fire Police
for
the Pur-
be
it
enacted, That the said Mayor, Aldermen, and Burgesses shall and
poses
of
they are hereby required in every Year to pay and apply the said
Act.
Sum
of
Five hundred Pounds towards the Purposes
of
this Act,
so
far
as
the same relate to the said
Supply
of Water
;
and the said Xayor,
Aldermen, and Burgesses may and they are hereby authorized and
required to raise and pay the
said
annual
Sum
of Five hundred Pounds
as
Part of the Expence of maintaining the said Fire Police, in such
Manner
in
all
respects as
if
this Act had not been passed.
CXLIII. And be
it
enacted, That
all
existing public Cisterns, Pumps,
Council
to
Conduits, and other Waterworks used
for
the gratuitous Supply of
afford
ply
of
a
Water
Sup-
Water to the Inhabitants of the said Borough shall be continued,
by
maintained, and supplied with Water by the said Council, and shall
C.
isterns,
be vested in the said Jlayor, Aldermen, and
Burgfsseq,
and be under
Pumps, and
the hhiagement and Control of the said Council
;
aiicl
it
shall be
for
hths
lawful for the said Council to supply with Water any public Baths
or
Wash-houses that may be established for the Use
of
the poorer
Classes.
and
Wash-
CXLIP.
And be
it
enacted, That any present or future Water Coin-
Compa!>ies
pmy having Mains or Pipes in the said Borouxh shall and they are
:,,":,",pr,",
hereby required, if requested by the said Council
so
to
do,
to furnish
pu~llic
pur-
to
the said Council,
in
such Parts of the said Eorough where the
poses,
if
Mains or Pipes of any such Company shall
be
laid, a sufficient Supply of
re(1~1iled-
Tater for any public Baths
and
Wash-houses Tdiich may be established
for
the
Use of the poorer Classes, upon Payment for the same at such
Rates and upon such Terins
mcl
in such Quantities
as
shall be agreed
rl.pon between the said Council and such Company
:
I'roJ-iclecl never-
[Local.]
25
.x
theless,
25344
Penalty
for
damaging
Works.
Penalty of
Five
Pounds
for
com-
mitting
any
of
the
Offences
herein
named.
Penalty
on
Gas
Makers
for
allowing
Water
to
be
corrupted.
theless, that
if
such Company shall at any Time be unable to supply
the said Council with Water for the above Purposes, without Prejudice
or
Hindrance to the regular and sufficient Supply to the Persons sup-
plied by the said Company with Water, and
to
the Shipping resorting
to
the said Port, then the Obligation
to
supply the Council with Water
as
aforesaid shall cease
so
long as such Inability shall continue.
CXLT'.
And be
it
enacted, That every Person who shall wantonly
or unnecessarily break, injure,
or
open any Lock, Gate, Yalve, or other
dIain Pipe, Branch Pipe,
or
other
Pipe,
or any Fire-plug,
or
any other
Part of the Waterworks belonging to the said Mayor, Aldermen, and
Burgesses,
or
their Lessees
or
Contractors,
or
shall flush
or
draw
off
the Water of the said illayor, Alderinen, and Burgesses,
or
their
Lessees
or
Contractors,
or
shall do any other wilful Act whereby such
Water shall be wasted, or shall milfully obstruct
or
injure any l'erson
in the Execution of the Powers conferred by the said lastly recited
Act
or
this Act, for the I'urpose
of
procuring Supplies of Water, shall
forfeit for every such Offence
a
Sum
not exceeding Five Pounds.
CXLVI. And be
it
enacted, That every Person who shall wilfully
or knowingly commit any
of
the following Offences shall for every
such Offence forfeit and pay a
Sum
not exceeding Five Pounds
;
(that
is
to say,)
1.
Every Person who shall bathe in any Reservoir, Aqueduct, or
other Waterworks belonging to the said Mayor, Aldermen, and
Burgesses,
or
their Lessees
or
Contractors,
or
shall wash
or
cause
to
enter therein any
Dog
or other Animal
:
2.
Every Person mho shall throw, put,
or
cast any Gravel, Stone,
Rubbish, Dirt, Filth,
or
other noisome or offensive Matter
or
Thing into any such Reservoir, Aqueduct,
or
other Waterworks
as aforesaid,
or
who shall mash
or
cleanse therein any Cloth,
Wool, Leather,
or
Skin of any Animal or other Thing:
3.
Every Person who shall cause
or
permit the Water of any Sink,
Sewer, or Drain,
or
any other offensive Liquid, Matter, or Thing
belonging
to
him, to run, clrain,
or
be conveyed into any of the
Springs, Rivulets, Reservoirs, Aqueducts, Pipes,
or
other Water-
works belonging to the said Mayor, Aldermen, and Burgesses,
or who shall commit or cause any other Act whereby the Water
of the said Mayor, Aldermen, and Burgesses shall be fouled
or
corrupted.
CXLVII.
And be
it
enacted, That if any Person making
or
supplying
any Gas within the said Borough shall at any Time cause or
suffer
to
be conveyed
or
to flow into any Stream, I?eservoir, Aqueduct, Pond,
or
Place for Water within the said Borough, or belonging to the saict
JIayor, Aldermen, and Burgesses, or into any Drain, Sewer, or Ditch
communicating therewith, any Gas,
or
any Washing, Substance, or
Thing which shall
be
produced in making
or
supplying Gas,
or
shall
do
any Act
to
the Water contained in any such Stream, lieservoir,
Aqueduct, Pond,
or
Place
for
Water, whereby the Water therein shall
be fouled
or
corrupted, then such Person shall forfeit and
pay
for
every such Offence any Sum
not
exceeding Fifty Pounds.
CXLT'III.
Ai:d
CXLVIIT.
And be
it
enacted, That whenever any Gas shall escape
Daily
froiii any l’ipe which shall be laid doivii
or
set up
by
any Person
~~~~~~~r
inaliinw
or
supplying any Gas within the said Borough, such Person
G~~
after
shall, immediately after receiving Kotice in Writing of any such
Notice.
Escape of Gas, prevent such Gas from escaping; and in case such
Person shall not within Twenty-four
Hours
next a€ter the Service of
such Notice effectually prevent the Gas from escaping, and wholly
remove the Cause of Complaint, then he shall for every such Offence
forfeit the Sum of Five Pounds
for
each Day after the Expiration of
Twenty-four
Hours
from the Service of such Notice (luring which the
Gas shall be suffered to escape.
?
CXLIX.
And whereas in and
by
an Act of Parliament passed in
Live~001
the Fourth Year of the Reign of Her present Majesty, intituled
An
p”ny
not
tO
Act to alter, mend, and enlarge tile Powers and Provisions
of
an
Act
for
be liable
to
liqhting
with Gas the Port and
Town
of
Liverpool
and
Tozcnsliip
of
certain
~e-
Toxteth Park
in
the County
of
Lancaster
;
and for lighting with Gas the
Idties
con-
several
Townships
of
West Derby, Everton, Kirkdale, Walton-on-the-
recited
Acts
hill, Bootle-cum-Linacre, Litherland, Great Crosby, Wavertree,
and
after
nlen-
Garston,
in
the County
of
Lancaster, certain Provisions are contained
tioned.
and enacted whereby the
Liz:wpool
Gas Light Company are macle
4
6-
5
~ct.
liable to certain Penalties for corrupting Water in manner therein
mentioned, and for Escapes of
Gas
from the Pipes of the said Company,
and which Provisions are contained in the several Sections numbered
Fifty-three to
Sixty,
both inclusive,
of
the said Act, and the same are
still in force against the said
Liverpool
Gas Light Company: And
whereas in
and
by
a
certain other Act
of
Parliament passed in the
Fourth Year of the Reign of
His
late Majesty King
George
the Fourth,
intituled
An
Act
for lighting
with
Oil
Gas the
To~n
of
Liverpool
ancl
4
G.
4.
c.
39.
certain Places adjacent thereto,
certain Provisions were contained and
enacted whereby the
Liveipool
Oil
Gas
Light Company were made
liable to certain Penalties for corrupting Water in manner therein
mentioned, and
for
Escapes
of
Gas
from the Pipes
of
the said last-
mentioned Company
:
And whereas such Provisions are contained in
the several Sections numbered
Sixty
to Sixty-four, both inclusive, of
the
said last-mentioned Act
:
Bnd whereas by another Act of Parlia-
ment passed in the Fourth Year of the Reign of His late IIajesty
4
&
5
W.
4.
King
William
the Fourth, intituled
An
Act
to
empozcer
the
Liverpool
c.
1.
Oil
Gas
Light
Company
to
produce
Gas
from
Cod
unci
otlw
itlaterids
;
aid
to
amend
the
Act
relating to
the
said Company,
the Name of the said
Lirerpool
Oil Gas Light Company was changed to that of thc
Lirerpool
Kew
Gas and Coke Company: And whereas the said Provisions con-
tained in the said Act of the
Liverpool
Oil
Gas Company are now in
force against the said
Lirerpool
New Gas and Coke Company: And
whereas the several Provisions and Penalties
so
enforced against the
said
Licerpool
Gas Light Company and
Liverpool
Kern Gas and
Coke
Company respectively are
a
sufficient Protection to the said
Jlayor,
Aldermen, and Burgesses, and to the Public, against the aforesaid
Xischiefs,
as
respects the said Companies
;
he
it
therefore enacted,
That
so
long
as
the said Provisions and Peiialties contained and im-
posed in and by the said Acts relating to the said Gas Companies
respectively shall be in force the said Coinpanies respectively sliall
not
bc
liable to the Provisions and Penalties herein contained for the
Prevention
Gas
Corn-
tained
in
c.
2s.
9"
&
10"
VICTORIA;,,
..
cup.
CYXV11.
Prevention of the Corruption of Water and Escapes of Gas
;
but such
last-mentioned Provisions and Penalties shall,
as
to the said Companies
respectively, be suspended during such Period.
Apparatus,
And be
it
enacted, That
it
shall be lawful for the said
S.C.
to
be
Council to 1iurchase, provide, and maintain
all
such Apparatus,
Mat-
provided
for
ters, and Things
as
may appear to them to be necessary
to
assist in
restoring
Persons
tip-
searching for drowned Persons, and restoring Animation to Persons
parently
apparently drowned,
and
to employ and reward Assistants therein, in
drowned.
such Nanner as to the said Council shall seein expedient.
CL.
Server Rate,
CLI. And in order
to
raise lfoney for the carrying the several
PavingRate,
Purposes of this Act into execution, be it enacted, That
it
shall be
lawful for the said Council, once in ewry Year, or oftener if they shall
and
general
Kate
to
be
assessed in
think it necessary,
to
make
One
or more Rate
or
Rates, to be called the
the
said
"
Sewer Rate,''
for
the Purpose of purchasing, constmcting, and re-
Boro%'l*
pairing
Sewers
for the said Borough, and for otherwise inaintaining
effectually the wholesome Sewerage ancl Drainage of the said Borough,
ancl also for securing, raising,
and
paying any Jfonies, and the Interest
thereof, which may be borrowed on the Security of the said Sewer
Rate, in pursuance of the Provisioiis of this Act
;
and in like Rfanner,
once in every Year,
or
oftener if they shall think
it
necessary, to
make
One or more Rate
or
Rates, to be called the
"
Paving Rate," for the
Purpose of forming, making, maintaining, paving, sweeping, cleansing,
and watering the Streets within the said Borough, and
for
securing,
raising, ancl paying any Monies, and the Interest thereof, which may
be borrowed on the Security of the said Paving Rate, in pursuance of
the Provisions of this Act
;
and in like Manner, once in every Year,
or
oftener if they shall think
it
necessary, to make One
or
more Rate or
Rates, to be called the
"
General Itate," for defraying all Sums specially
made payable
by
this Act out
of
such Rate, together n-ith the Salaries
of
a11
Officers acting in the Execution of this Act, unless otherwise pro-
vided, and all other incidental
Costs,
Payments, Compensations, Charges,
ancl Expences attending the Execution of the Powers, Duties, and
A4u-
thorities hereby imposed aiid given to the said Council and Bealth
Coininittee, ancl .which are not herein otherwise specially provided for.
CLII.
And be it enacted, That every such Rate
as
aforesaid shall
be iiiacie and levied
by
the said Council at yearly, half-yearly, or
quarterly Periods,
or
oftener if they shall think necessary. upon
all
or
every Person who shall hold,
use,
or occupy any House, Shop,
Warehouse, Counting-house, Coach-house, Stable, Cellar, Vault,
Building., VorBsh op
,
Manufactory
,
Garden
,
Land
,
or
Ten
enien
t
~vh
a
t
-
soeTier, situate within the Limits of the
said
Eorougli, nccordiiig to the
full
net aunual Yalue thereof respectively, the same to be ascertained
in mmiier herein-after mentioned
;
anci' the said Rates shall
from
Time to Tiiiie
he
collected
ancl
paid yearly, half-;7early7 or quarterly,
Oi'
oftener
if
the said Council
shall
tbk proper,
in
every Year, and
shall coiiiiiieiice from
such
Time after this Act shall come into
opera-
tioa
in
the said Eorough
as
tlie
said
Council shall think fit.
As
to
the
Maniier
of
I{
at
es.
1
cvy
i
ng
C
ounci
1
to
CLTIT.
Ancl
be
it
enacted,
That
the said Council,
at
a
Meeting
to
fix
the
Amount
of
be
held oiice in ecch
Year,
shall
estimate
and
fix,
ancl
they are he1Gby
Water
Rate.
authorized
Yo
&
IO”
VICTORIB,
Cap.cxxvii.
as37
authorized and required to estimate and
fix,
the Amount of Money
necessary to be levied for the Purpose of defraying the current Costs,
Charges, and Expeiices of the
Water
Department, under which shall
be understood to be comprehended the Payment of the Interest of the
Sum
of
Fifty thousand Pounds borrowed
as
herein-after inentioned
on the Credit of the said Rates and yearly Suin of Jfoney in the said
Act
made and
passed
in the Session
of
Parliament held in tlic Sixth
and Scveiith Years of the Reign of Her present JIajesty respectively
mentioned,
as
well
as
any Sum of Money which the said Council shall
think
fit
to appropriate, set apart, and apply each Year
as
and for
a
Sinking Fund for paying
off
and discliarging the said Debt,
also
the
Expence
of
Reservoirs, Engines, Machinery, and other Works lierein-
before mentioned, together with the Expence of providing and pre-
serving Springs, and otherwise obtaining and distributing Supplies of
Water
as
herein-before provided, and such Portions
of
the Salaries,
Wages, and other Espenccs of any Surveyors, Clerks, Collectors,
or
other Officers or Servaiits employed by them, as the said Council shall
think equitable
and
fair to charge
to
such Account, also the Rent (if
any) agreed to be paid to any Water Company
or
Person for furnish-
in8
Supplies of Water for the Purposes of
the
said recited Act and
of
this Act.
CLIV. And in order to raise
a
Sum
of
Money
sufficient to defray
Council
to
the Costs, Charges, and Expeiices of the Water Department, be
it
lnakea
enacted, That
it
shall be lawful for the said Couiicil, once in every
Year, to make
a
Rate,
to
be
called
“
The Water Rate,” to be made
and levied on every Person ~dio shall hold, use,
or
occupy any House,
Shop, Warehouse, Counting-house, Coach-house, Stable, Cellar,
Vault, Workshop, Manufactory, or other Building, and all Yards and
all
other Places where Goods or other Property are deposited
019
Business carried on, according
to
the net annual Talue thereof
respectively
;
and the said Rate shall from Time to Time be collected
and
paid by yearly, half-yearly, or quarterly Payments, or at shorter
Periods,
as
the said Council shall think proper, aiid shall conimeiice
from such Time
as
shall be fixed by the said Council.
Water
Rate.
CLV.
Provided always, and be
it
enacted,
That
no
Person shall
Churches,
be rated to
any
Rate whatever
iiiade
in pursuance
of
this Act, in
CilaPelsp
schools,
&c.
respect
of
any Church, Chapel,
or
other Builcliiig exclusidy used
for
not
liable
to
l’ublic JVorship, or
in
respect of any %at-charge in lieu
of
liectorial
be
rated.
or Vicarial Tithes, or
any
Coinposition in lieu of any such Kent-cliarge,
or in respect
of
any Building used for the Education of the Poor
exclusively, or iii respect of any
Laiid,
Euilding,
or
other Property
belonging to the said Couiicil under
the
Provisions of this Act.
CLVT.
And be it enacted, That the net annual
Talut:
of
all
such
Net annual
Property in respect of which the
Persoii
who shall hold,
me,
01-
Value
to
be
occupy the same is liable to be rated under tlie Provisions in this Act
uxor
determined
ding
to
contained
shall
be ascertained according to the lleaning of the Words
Provi-
“
net annual Value,” as described in an Act of Parlianient
passed
in
sions
of
tlie Session
of
I’arliameiit held in the Sixth
and
Seventh Years of the
6
7
111’.
4.
Keign
of
His late Majesty King
Jl-illiicnz
the Fourth,
aiid
iiitituled
,172
Act
to
?wplute
l’iwocliial
A.i.sessmmts,
and shall in all Cascs, for
[
Locctl.]
2s
0
tlie
96*
2538
Cap.
cxxvii
.
the Purposes of this Act, be taken and estimated according to such
Value
as
the same is or shall be rated or assessed in the ltate
or
Assessment for the Relief of the Poor in the Year preceding.
Poor Rate
may
be
in-
spected and
copied.
CLVII.
Aid in order to assist the said Council in making any Rate
or Rates in pursuance
of
this Act, be
it
enacted, That
it
shall be
lawful for the said Council and they are hereby authorized and
ciiipowered, at all reasonable Times, to inspect, or by Writing signed
by thein or any Three of thein to grant Authority to any other Person
to inspect and take Copies of any of the Rates made for the Relief of
the Poor within the said Borough, or the Hooks wherein the Assess-
ment thereto shall be entered
;
and if any Person in whose Custody
or
Power any of the said Rates or
Books
shall be shall refuse or
neglect to produce the same in manner hereby required,
01'
to permit
such Copies
or
Extracts to
be
made as aforesaid, he or they shall for
every such Offence forfeit and pay any Sum not exceeding Fire
Pounds.
Pow
er
to
CLVIII.
And be
it
enacted, That if any Property shall be omitted
levy
Rates
from the Poor Rate, or shall be erected, completed, or occupied after
in
respect
of
Property
the Rate shall have been made for tlie Relief of
the
Poor in any Pear,
not
included
it
shall be lawful for the Council to cause a Valuation to be made of
in
the
Poor's
the annual Rent or Value thereof, and to cause the same Rates or
Rate.
Assessments
for
any
of
the Purposes
of
this Act to be made upon the
Owners or Occupiers thereof,
as
the Case may be,
as
they could have
done if such Property had been rated
or
assessed to the Rate for the
Relief
of
the Poor
:
Provided always, that such Owners and Occupiers
shall have the same Right of Appeal against any such Rate or Assess-
ment as is granted by this Act against the Rates to be made by virtue
thereof.
Debt
of
CLIX.
And whereas for the Purpose of carrying into effect the
Commis-
Provisions of the said Act passed in
a
Session
of
Parliament held in
sioners
the Sixth and Seventh Years of the Reign of Her present Majesty, the
charged
on
Water
Itate.
said
Cominissioiiers in that Act mentioned were empowered to borrow
at Interest on the Credit of the several Rates and Assessnients, and
the said yearly Sum of Five hundred Pounds, in that Act mentioned,
by way of Assignment or Mortgage thereof, any
Sum
not exceeding
Fifty thousand Pounds
:
And whereas the said Commissioners have
borrowed the said Sum
of
Fifty thousand Pounds, and the same
is
now secured on the Credit of such Rates and yearly Sum of Money as
aforesaid
;
be
it
enacted, That every Creditor on such Rate or Assess-
ment, or on the said yearly Sum, shall have such and the like SecuritjT
upon the said Water Rate and upon the said yearly Sum of Five
hmq-
dred Pounds
by
this Act respectively directed to be assessed, levied,
and
paid, and such and the like Remedies, Rights, and Privileges
for
the liecovery of
my
Principal Money
or
Interest secured thereon,
against the said Mayor, Aldermen, and Burgesses,
as
if this Act had
not been passed he would have had upon the said Rates
ancl
Assess-
ments and the said yearly Sum, and against the
said
Commissioners in
the said Act passed in the said Session of Parliament held in the Sixth
and Seventh Years of the Reign of Her present
Maj
esty respectively
mentioned; and
the
said Sum of Fifty thousand Pounds aid every
Part
9”
&
2539
Part thereof shall be and reinain, until the same and every
Part
thereof shall be paid and satisfied, a Charge
011
the said JTater Rate
and on the said yearly Sum
of
Five hundred Pounds
so
directed to
be raised and levied,
as
Part
of
the Expence
of
maintaining the said
Fire Police,
as
herein-before mentioned.
CLX.
And be
it
enacted, That the said Parish of
Liverpool,
and
Iiatcs
to
be
the said several Townships
of
Everton
and
I
respectively, and
levied
On
the said Parts of the Township
of
JVest
Derby
and of the said Extra-
parochial Place of
Toxteth Park
respectively, shall be separate and
Districts.
distinct Districts for the Purposes of laying and levying the said
several Rates; and
it
shall be lawful for the said Council and they
are hereby required, instead
of
making One Rate or Rates respectively
for the whole
of
the said Borough, to make separate and distinct Rates,
as Occasion shall require,
for
every such separate and distinct Dist,rict
respectively, and
to
appoint, if they shall see
fit,
Surveyors, Collectors,
and other Officers for every such District, or any
Part
thereof respec-
tively, and to cause separate and distinct Accounts to be kept
of
all
Monies collected and received by virtue of any Rate or Rates which
shall be made under the Authority of this Act, in every distinct Dis-
trict, and of all Payments and Disbursements in respect thereof; and
the said Council are liereby authorized to apply the Monies to be col-
lected and received from each distinct District by virtue of any such
Rate
or
Rates
as
aforesaid to and
for
the several Purposes to which
the same niay be lawfully applied under the Authority of this Act,
but
so
nevertheless that) each District shall,
as
near
as
may be, bear
its own Costs, Charges, and Expences; and in case any such Costs,
Charges, and Expences shall apply to or be incurred in respect of Two
01’
more Districts, the same
shall
be apportioned and divided between
such Districts in such Manner
as
the said Council shall adjudge
to
be
fair and equitable.
separate and
CLXI.
And whereas by the said Act of the Eleventh Year of the
Council
to
Reign of His late Majesty Icing
George
the Fourth the Mayor, Bailiffs,
PY
an11uab
aiid Burgesses of the said Tomn of
Liverpool
were required to con-
towards
the
tribute and pay a certain yearly Sum of Five thousand Pounds,
to
be
Paving and
applied in aid of
and
for carrying the several Purposes of that Act
Sewerage
into execution, in such MTay
as
the Conmissioners in that ;Ict
Itate5
tile
Parish
ot’
ineiitioned should direct; and by the said Act of the Fifth Year of
Liverpool.
the Reign of
Her
present Majesty, intituled
,412
Act
for
a?nencli~~~
c~2
5
6
Vict.
Act
~elatzng
to the
Yaui72g
ancl
Smerage
oj
the
Town
oj‘Liverpoo1
in
the
c.
26.
Cozmty
Pdutine
oflancaster, the said
Illayor,
Aldermen, and Burgesses
were authorized and required
to
pay to the said Coininissioners the
yearly Sum
of
Three hundred and seventy-five Pounds for the Term
of
Ten Years from the passing of the said Act, to be appliecl
to
the
I’iirposes
of
Sewerage only: And whereas the Operation
of’
both the
said Acts
was
confined to the said Parish of
Liceryool;
be
it
enacted,
That
the said Mayor, Aldermen, ancl Burgesses shall yearly and every
Tear pay and apply the said Sum of Five thousancl Pounds from the
Borough Fund towards and in aid of the said Sewerage and Paving
nates in the said District of
the
Parish of
Liverpool,
in such Shares
and l’roportions as the said Council shall think fit, ancl the further
Sum
of Three hundred and seventy-five Pounds, yearly ancl every
I-ear,
certain
Sums
2,540
cc1p.
cxxvii.
Year, until tlie End and Determination of the said Term of Ten
Years, in
aid
of
the Sewerage Rate within the said District
of
the
Parish
of
L~WI~OOL
The
Debt
CLSII.
And whereas it was enacted in and by the said Act, passed
in the Session of Parliament held in
the
Fifth
and
Sixth Years of the
already
con-
tracted
in
Toxtetil
Ikign of Her present Majesty, intituled
ih
Act
for
better
paving
and
Park,
under
inaprociq
the
Streets
and
II$I~~umys
~itlh
the Ext~a-pa~ochial Place
of
5
ti
Vict-
Toxteth Park
in
tlie
County
L’alutine
of
Lancaster,
and
for
the
Seeztiemqe
of
certuin
Pavts
of
the
said
Place,
that
it
should be lawful for the
c.
105.
to be
charged on
.
the Itate
for
Commissioners thereby appoiiited to borrow at Interest, on the Credit
that Dis-
of the several Rates
or
Assessinelits
by
that Act granted for the
trict.
Purposes of Sewerage, any Sum of Money not exceeding Five thousand
Pounds,
by way of Jlortgage
or
Annuity,
as
tlie Case might be
;
be
it enacted, That the said
Sum
of Five thousand Pounds,
or so
much
thereof as
the
said Coiiirnissioiiers in pursuance
of
the said Authority
have borrowed and taken
up
at Interest, and which
at
the Time of
the passing
of
this Act shall remain owing and unpaid, shall be
a
Charge upon the Sewer Rate to be made as herein-before directed in
the said
Part
of the Extra-parochial Place
of
Toxteth
Park
which is
within the said Borough, and the several and respective Mortgagees
and
Annuitants having such Security as aforesaid shall be Creditors
on the said Sewer Rate
;
and the
same
Xortgage Debts and Annuities
respectively, and
all
Interest due
or
to
accrue due thereon, shall be
paid by the said Council out
of
such Sewer Rate; and the several
Mortgagees and Annuitants respectively holding
such
Securities shall
respectively have, exercise,
and
enjoy such and the like Remedies,
Rights, and Privileges
for
the Recovery of their said Afortgage Debts,
Annuities, ancl Interest respectively, against the said Nayor, Aldermen,
and Burgesses, as
if
this Act had not passed they might have
had,
exercised, and enjoyed against the said Comniissioners.
Rates
CLSIII.
And be it, enacted, That
it
shall
be
lawful for the said
be
prospec-
Council to niake
any
such Rate for tlie Purposes aforesaid prospec-
tively to raise Money to pa37 Charges
aid
Espeiices
to be incurred
spective.
thereafter, or retrospectiiiely to raise Xoney to pay Charges and
Expences already incurred.
CLSIV. And be it, enacted, That when
any
Property whatsoever in
unoccuniec~
respect of which any Occupier woulcl be liable to be rated and assessed
Owner
of
PrcmisL to
to he Sewer Rate under {he Provisions of this Act
shall
at
the
Tiine
be rated to
of
making such Rate be unoccupied, then and in every such
Case
it
shall
lie
lawful for the said Council and they are hereby requirecl to
the
Sewer
Rate.
rate and assess the Owner of such unoccupied l’reinises
to
such
Rate,
and
every
such Owner shall pay the Aniount
of
such
Rate
clue fro111
such Owner
:
Provided ;~lways, that nothing licrein contained shall
afflect tlic Right herein-after reserved to recover
any
Arrears
clue
of
Sewcr
Kaics
from
any
future Occupier of such l’reiiiises.
CLST.
And be
it
enacted, Tliat when any Premises in respect of
which
any
Person
inay
be liable to be assessed to the Paving
Rat,
General
hte,
or
Water
R:itch,
under tlie l’rovisions of this Act, shall
at
the
Tinx
of
iiiakiiig any such Rates be unoccupied, then
and
in
erery
Uno
cc
11
pi
ccl
l+elriiscs
may
be
in-
ciuded
Rates; but
2541
every such Case
it
shall be lawful for the Council to include such
theRatesare
Premises in the said Rate, describing them in the Column in the said
::;,,'c4,",e
Rate appropriated to the Kame of the Occupier as being
((
void
;
"
unless
tlley
and if any Person or Persons shall afterwards occupy such Property
are occl1-
during any Part of the Period for which such Rate shall
hare
been
~ie(1.
made
it
shall be lawful for the Council to insert in such Rate the
Kame of such Occupier, and
to
collect from such Occupier
or
from
the
Owner, if
he
shall be liable to pay the same, such Portion of the
said
Rates as shall be proportioned to the Time during which such
Person
or
Persons shall occupy such Property
;
and every such Person
shall thereupon be deemed, to all Intents and Purposes, to be properly
rated; and all such Rates may be collected and recovered from the
Person who shall be liable
to
pay the same under the Provisions
of
this Act,
in
the same Manner
as
other Rates made payable under the
Provisions
of
this Act
:
Provided always, that any such Person whose
Kame shall be
so
inserted in such Rate, and such Owner
as
last afore-
said, may appeal against the same to the Justices
at
Special Sessions
or to the General Quarter Sessions which shall be holden next after
such Insertion of his ?\Tame
as
aforesaid: Provided also, that, except
as
aforesaid, no Paving Rate, General Rate, or Vater lhte shall be
payable
by
any Person ~vliatsoever in respect of unoccupied Premises.
CLXVI. ,4nd be it enacted, That whenever the
Kame
of any
owIler
or
OTvner
or
Occupier liable to be rated uncler the Provisions of this Act
Occupier
shall not be known to the Council
or
to the Person making any Rate,
be
rated with-
it
shall be siifficient to rate such Owner or Occupier in the Eate
Book
out
stating
of the said Council as the Owner or Occupier of the Property to be
his
Name.
rated,
by
the Designation of
"
the Owner
"
or
"
Occupier,
"
without
stating his Name.
every Rate authorized to be made under the Provisions of this Act,
making
and of the Time at which the same is intended to be made, and of the
given,
Place where
a
Statement
of
the proposed Rate shall be deposited for
Inspection, shall be given
by
the
Council
by
Advertisement Twice
in
some Newspaper printed or circulated within the Borough, irnme-
diately previous to such Rate being made,
or
as nearly
so
as may be
:
Provided
always,
that
it
shall not be necessary in any Proceedings
to levy and recover sncli Rate to prove that such Kotice as aforesaid
was given.
CLXTTII.
And be
it
enacted, That Notice of the Intention of making
Notice
of
Rates
to
be
CLXVIII. And be
it
enacted, That iminediately after any Rate
shall
Rate
may
be
be made under the Provisions
of
this Act the
slime
shall be open to
inspected
by
the Inspection of any Person rated or otherwise interested in such
Kate-pay ers.
Rate
at
all seasonable Times, and any such Person may take Copies
or Extracts from such Rate without paying any thing
for
the same
;
and
if the Person having the Custody of such Rate shall refuse
or
shall not permit any such Person
as
aforesaid to take Copies or
Extracts from such Rate, he shall forfeit fur every such Offence any
Sum
not exceeding Five Pounds.
CLSIS.
And
be
it enacted, That
it
shall be lawful for the Council
Itates
may
from Time to Time to amencl any Rate macle by virtue of this Act
be
mended-
[Local.]
28
P
by
..
cy'.
cxxv11.
by
irlserting tliereiii tlie Same
of
aiiy
Person
who
ought
to
have been
i-atecl,
01-
by
sti-iliing out the
Kaiiie
of
any Person
who
ought not to
have been rated,
or
by lnaliilig such
otlier
Aineiidnients therein
as
mill
inake
such
Kate confbriiinble to this Act
;
and no sucli Aiiieiidrnents
shall be held
to
avoid the Rate: Provided always, that
aiiy
Person
who
shall be aggrieved by any
such
Alteration
shall
have the same
Right
of
Appeal therefrom
as
he
would have had if his Kame had
been originally inserted
in
such
Kate, and no such Alteration had been
iiincle;
and
every
Pcrsoii
-whose Ihte shall be altered shall be entitled
to
Seven Days Kotice of
such
Alteration before the Rate
shall
be
payable
by
hini.
Partics
illay
CLSS.
And be
it
enacted,
That
if
aiiy
Person shall thiiik him-
apl'eal
to?11e
self aggrieved by aiiy Itate inacle under tlie Authority of this Act, or
Quarter
Ses-
sioiis
against
by
any Matters 'included
iii
or
omitted from the
same,
he
inay
appeal
anate.
to
the next Geiieral
or
Quarter Sessions of the Peace for the said
1:orough
;
but no
such
Appeal against such Rate, or any Matter coii-
taiiiecl in or omitted from the same, shall be entertained
at
such
Geiieral
or Quarter Sessions, unless Fourteen clear Days Kotice in
Writing
of
sucli
Appeal, stating the Sature ancl Ground thereof, be
given by the aggrievedParty to the said Council,
by
leaving the same
at
the Office
of
the said Towii Clerk
;
and
at the General
or
Quarter
Sessions for which any such Kotice of Appeal shall
be
given the
Court shall proceed to hear
ancl
determine the Appeal
in
a
summary
Way,
except when the Court
shall
think
fit
to
adjourn the Appeal to
the
following Sessions, which they are hereby authorized to
do,
and
in
all
such Cases the Court
shall
hear
and determine the Appeal
at
such last-mentioned Sessions.
Quarter
Ses-
C'LSSI.
diicl
be
it enacted, That the Court
of
Quarter Sessioiis
sions
011
sliall,
iii
ally
Appeal against any Rate made under the Authority of this
Appeal
may
a,nend
or
Act, have the
same
Powers of ainending or quashing such Rates as
quasIiItates,
are by
Law
vested
by
such Court for ainencling
or
quashing the
and
a~ard
ltates for the Relief
of
the Poor within their Jurisdiction upon Appeals
against such Rates, ancl
shall
likewise have in aiiy such Appeal the
Costs.
s:uiie Powers of :Irvarcling
Costs
to be paid
by
or to any of the Parties
to
an
Appeal,
ancl
of recovering such Costs, as are
now
or
may be
vested
in
such Court for awarding and recovering Costs in an Appeal
against
aiiy
Rate for the ltelief of the Poor within their Jurisdiction.
ltates
to
recovered
by
Dis
t
rc'ss.
CLXSII.
And be
it
enacted, That if any Person rated under the
Authority of this Act shall not pay
aiiy
of the said Rates
due
from
Or
him for the Space of Fourteen Days after Demand thereof in Writing
by
the said Council
or
their Collector,
it
shall be lawful
for
the Mayor,
Aldermen, and Burgesses to recover the same
by
Action of Debt in
my
of
Her llajesty's Superior Courts,
or
any other Court whatever haviiig
Jurisdictioii there over Debts to the Amount sought to be recovered
;
or
any Justice shall,
on
tlie Application of the Council or of their Collec-
tor, suiiimon any such Person to appear before him, at
a
Time
to
be
iiieiitioned in
the
Suniiiions, to
show
Cause why the Rate due froiii hiin
should not be paid
;
and
in cage no sufficient Cause for the Nonpay-
ment of
such
Rate shall be shown the same shall be levied
by
Distress,
and
such Justice shall issue his Warrant accordingly.
CLXXIII.
Ancl
CLXSIII. And be
it
enacted, That the Warrant of Distress
for
the
Recovery of any ltate made payable by this Act may include One
Person or several Persons, and may be in the Form or to the Effect
mentioned in the Schedule (A.) to this Act annexed
;
and in
all
Cases
where a Distress is hereby authorized to be made every Constable
authorized by the Warrant to levy any Sum mentioned therein
shall, upon being required by
a
Collector of Rates, aid in making
a
Distress or Sale pursuant to such Warrant
;
and every Constable who
shall refuse
so
to do shall be liable to a Penalty not exceeding Five
Pounds.
CLXXIV.
Provided always, and be
it
enacted, That
it
shall be
lawful for the Council to reduce or remit the Payment
of
any Rate,
on account of the Poverty
or
Sickness of any Person liable to the
Payment thereof.
CLXXV. And be
it
enacted, That
if
any Person shall quit or be
about
to
quit any rateable Property before he shall have paid the
Rates then payable by him in respect thereof, and shall not pay the
same to the Council
or
their Collector, on Demand,
it
shall be lawful
for
any Justice of the Peace having Jurisdiction where such Person
may reside or his Goods be found to suninion such Person to appear
before him at
a
Time
to
be mentioned in the Sunimons, to show
Cause why the Rates should not be paid, and if no sufficient Cause
for the Nonpayment of such Rates be
shown
accordingly the same
shall be levied by Distress, and such Justice shall issue his Warrant
accordingly.
CLXXVI. And be
it
enacted, That when any Paviiig Rate, General
Rate, or Water Rate shall be made for a particular Period, and the
Owner or Occupier mho shall be rated to such
Rate
shall cease
to
be
the Owner or Occupier of the Property in respect whereof he shall be
rated before the End of such Period, such Owner
or
Occupier shall
be liable to pay
a
Portion only of such Rate payable for the whole of
such Period proportionate to the Time during which he continued to
be Owner
or
Occupier; and in every such Case, if any Person shall
become the Owner or Occupier of any Property
so
rated as aforesaid,
during any Part of any Period for which any such Rate shall have
been made, such Person shall pay a Portion
of
such Rate proportioiied
to the Time during which he shall have held
or
occupied the Property
so
rated, and the same shall be recovered fi-om him in the sanie
illanner
as
if he had beeii originally rated for such Property.
9543
Form
of
Warrant
of
Distress.
Power
to
reduce or
remit
Rates.
Persons
about to quit
liable to
pay
Rates
on
Demand.
Rates to
be
apportioned.
CLXXVII.
And be
it
enacted, That when the Owner of any rateable
Rates
due
Property shall have been rated in respect thereof, and the Rate shall
~~~~'~''~r
remain unpaid for the Space of Three Rlonths,
it
shall
be
lawful
for
covered
the Council
or
their Collector
to
recover the Amount of such Rate
fi.olll
occu-
from the Occupier of such rateable Property by Distress and Sale of
pier.
his
Goods
and Chattels, in like llanner as Rates
may
be recovered
from the Occupiers
of
any Property liable to be rated: Provided
always, that no Occupier shall be required to pay,
nor
shall his Goods
and Chattels be distrained for any further Sum than the Aniouiit of
Eent due from him at the Time
of
the Demand made upon him for
such
2544
Occupier
refusing
to
give Name
of
Owner
liable
to
a
Penalty.
0
c
c
u
p
i
e
r
9'
&
10'
VICTORIB,
such Amount of Rate,
or
which shall after such Demand, and Kotice
not to pay the
same
to his Landlord,
at
any Time accrue ancl become
payable by him, unless lie shall refuse, on Application being made to
him for that Purpose by or on behalf ofthe Council, truly
to
disclose
the Amount of his Rent, and the Kame and Address of the Person to
whom such Kent
is
payable
;
but the Burden of Proof that the
Sum
deinaiided from any such Occupier is greater than the Rent which
was
due
by
hiin
at
the Time
of
such Notice,
or
which shall have since
accrued, shall lie upon such Occupier.
CLXSVIII.
,Ind be it ennctecl, That if, on the Request of the said
Council
or
of thc Collector of the said Rates, the Occupier
of
any
Property shall refuse or wilfully omit to disclose, or shall wilfully
mis-state to the Council
or
Collector making such Request, the Name
of
the Owner of such Property, or of the Person receiving or
au-
thorized to receive the Rents of the same, it shall be
lawful
for any
Justice of the Peace, on Oath macle before him of such Request,
and
of such Refusal or wilful Omission
or
Ks.statement, to summon the
Person who shall have
so
refused or wilfully omitted or mis-stated as
aforesaid
to
appear, at the Time ancl Place to be mentioned in
such
Suininons, before such Justice
or
before sonic other Justice
;
and if
the Person
so
summoned shall neglect or refuse to attend
at
the Time
and Place mentioned in the Summons, or if he shall attend and not
shorn
good Cause to the Justice then present
for
such his Refusal
or
wilful Omission
or
Mis-statement, it shall be lawfd
for
such Justice,
upon Proof, in
case
of the Neglect
or
Refusal to attend as afore-
said, of the due Service of the said Si~ininons, to impose
a
Penalty
~ipoii such Person
wlio
shall have
so
refused
or
wilfully oriiitted or
have made such wilful Mis-statement, not exceeding the Sum of Five
Pounds.
CLXSIX.
And
be
it
enacted. That if the Amount of anv Rate
may
recoyer
which under the Provisions of this Act ought to be borne ai;d paid
Money
pald
by
the
Owner
of any rateable Property shall be paid
by
the Occupier
for Rates
due
frorr,
of such Property, or levied on his Goods ancl Chattels, then the
Owner,
or
Person
who
shall be the Owner of such Property at the Time of such
deduct thc
Payment
or
Levy shall reimburse the Occupier
;
and it shall be lawful
Amount
for such Occnpier to decluct the Sums paid
or
levied, together with
Rent.
the Costs of the Distress (if any) paid
by
him, from any Kent due or
to
become clue from him in respect of such Property
;
and the Payment
shall be
a
good and sufficient Discharge to
such
Occupier, against
such Owner, for
so
inuch Money as he shall have paid in the Manner
directed by this ,4et, or shall have sustained the
Loss
of by reason
of
any Distress made under this Act
;
01'
such Occupier niay recover
the same froin such Owner as aforcsaid,
by
Action of Debt or on
the Case,
to
be brought in any
of
Her Majesty's Superior Courts
or
in ally Court whatsoever.
from
the
One
Half
of
CLSSX.
Ancl
be
it
enacted, That in every Case in which any
Sewr
Rates
Occupicr of any rateable Property shall have paid any
Slim
for
Sever
Rates he shall be entitled to deduct froin
the
R,eiit which shall
at
may
be
de-
ducted
by
Occupier
the Time of such Payment be due in respect of such rateable
Pro-
from
his
perty,
or
which inay thereafter accrue
due
and beconie payable by
Rent.
him,
him, One Half of such Amount of Sewer Rates
so
paid
as
aforesaid:
Provided
always,
that nothing herein contained shall be taken to
aft'ect
any
special Contracts between
any
Lessor aiicl Occupier
of'
such
rateable Property, whereby
it
is
agrcecl
that the Occupier sliall pay
and discharge tlie Sewer llates
due
or
to become due in respect
of'
such Property
.
CLSSXT.
Provided always, and be it enacted, That when any
Pal+lg,
Owner
shall
be rated to the Paving l:ate, General Rate, or Water Rate,
~~~~~~~~es
in respect
of
any rateable Property dich
shall
be
iii
the
Occupation
paid
by
of
a
Tenant, under any
Lease
or Agreement made prior to the Period
Owners
may
when this Act shall come into full Force and Operation, snch Tenant
berecoveycl
shall
repay
to the Owner
all
Sums
which sliall
be
paid
by
the Owner
;z('a2:fta'n
on account
of
any such Rates inade under the Yrovisioiis of this Act,
during the Continuance
of
such Lease
or
Agreement, unless
it
shall
have
been agreed,
by
the Terms of such Lease or Agreement as
aforesaid, that the Owner should
pay
such
Itates
in respect of such
Property
;
and every such
Sum
of Money payable
by
the Tenant to
the Owner under the Pro.\-isions herein-before contained niay be
recovered, if the
same
be not paid upon Demand,
as
Arrears of Rent
could be recovered from tlie Occupier
by
the said Owner.
CZSSXII.
And be it enacted, That
110
Person, although liable to
Liability
to
the
Payment
of'
illoiiey
towards the
Rates
authorized to be raised
Iiates
to
under this Act, shall by reason thereof be disabled to act as
a
Justice
certain
offi-
of the Peace or otherwise in any 3htter relating to the carrying of
cers
to act.
this Act into execution.
disqualify
CLSSXIII.
And in order to
raise
3Ioney for defrayin8 the Expences
Money
may
incurred or to be incurred by tlie Council in carrying into effect the
be
borr~we('
Provisions
of
this Act,
he
it
enacted, That it shall
be
larvf'iil for the
of
the
said Council ancl they are hereby authorized to borrow aiid take up
at
Interest, on the Credit of the
Rates
herein-before authorized to be made
and levied,
of
ancl froin any Person who shall be willing
to
advance
the same, the
Sum
and Suins
of
Money necessary for clefraying the
Costs, Charges, and Expences incurred
or
to be incurred by thein in
carrying into effect the Provisions of this Act
;
and for securing the
Repapent of such
Sum
or
Sums
of Jloney, with Interest
at
a
liate
not exceeding Five Pounds
pci'
Ceiztiinz
per
4nnuni,
the said Council
may mortpge and assign over the said liates or Assessments,
or
any
Part
thereof, to the Person who shall advance such Money, or his
Trustee,
as
a
Security for the Money
so
to be borrowed, together with
Interest for the
same
:
Provided
al~vays,
that the
Money
borrowed to
defray the Costs, Charges,
aiicl
Expences of sewering
ancl
draining
such
District shall,
as
near
as
may be,
be
charged upon
the
Credit
of'
the
Sewer
Rate to be
assessed
upon such separate Uistrict
;
arid
in like
Xanner
the Money borrowed to defray t,he Costs,
Charges,
and
Es-
pences of forming, makinu
e7
maintaining, paving, sweeping, cleansing,
and watering the Streets in each District
shall
be charged upon the
Credit
of
the Paving lhte in such District
;
and the ?rloney borrowed
for the Purpose of defraying the Espences of the Water Department
shall
in
like IlIaiiner
be
chargecl upon the Water ltate in such Uis-
on
Securitv
A
trict
;
ancl in case any such Cods, Charges, ancl Espences sliall apply
[Local.]
28
Q
to
'2546
One-tliirti-
eth Part
of
Xonies
bor-
rowed
on
Security
of
Rates
to
be
paid
off
yearly.
Forni
of
Mort
gage.
Expenccs
of
Mortgages.
Registers
of
Mortgages
to
be
kept,
and
to
be
open
to
In-
spection.
..
cup.
CXXVll
.
tu
or
be
incurred in respect of
Two
or
more Districts,
or
Parts thereof
respectively, the
same
slmll be apportioned ancl divided between Dis-
tricts in such SIaiiiier
as
the said Council shall adjudge to be
fair
and
equitable.
CLSSSIV.
And be
it
enacted, That in order to clischarge the Prin-
cipal 3foney
of
any such
Sixni
or
Sunis of Money
as
shall be borrowed
on Security
of
any
of
the said Bates
it
shall be lawful
for
the said
Council, and they are 1lerel)y autliorized aiid required, yearly and
every Year, to deduct, appropriate, aiid set apart and apply out of
such
Rates respectively such
a
Sum
of
Money as shall be in propor-
tioii to One-thirtieth
Part
of
the Noney borrowed or secured, and
which at that Time shall remain due and secured,
as
aforesaid, upon
the said
Kates
respectively,
as
and
for
a
Sinking Fund, to be applied
in
paying
off
and
discharging the Principal Monies
so
respectively
borromed or secured, and
shall
fi-oiii Time to Time cause such Sink-
ing Fiuid to be invested in the Purchase
of
Exchequer Bills
01-
other
Governinelit Securities,
and
to
be increased
by
Accumulation
in
the
way
of
Compound Interest,
or
otherwise, until the same shall be
of
sufficieiit Amount to pay
off
the said Principal Debts,
or
some one
of
them, or some Part of some one
of
thein respectively,
at
which Time
the saiiie
shall
be
so
applied in paying
off
the sanie in maimer herein-
after mentioned.
CLXXXV. And be it enacted, That every Xortgage of Rates
authorized to be made under the Provisions
of
this Act shall be
by
Deed duly stamped, in which the Consideration shall be truly statecl
;
and every such Deed
shall
be under the Common Seal of the Mayor,
Aldermen, and Burgesses, and may be according to the Form in the
Schedule (C.) to this Act annexed,
or
to
the like Effect; and the respec-
tive Mortgagees shall be entitled one with another
to
their respective
Proportions of the Rates aiid Assessments or other Property coni-
prised in such Jlortgages, according to the respective Sums in such
SIortgages inentioiled
to
be advanced by such Mortgagees respectively,
aid to be repaid the Sums so advanced, with Interest, without any l're-
ference one above another
by
reason of Priority of advancing such
Sionies,
or
of the Dates
of
any such Xortgage respectively.
CLXXXVI. And be
it
enacted, That the Expences
of
every Jfort-
bb
wave
shall from Time to Time be defrayed
by
the Council out
of
the
SIoiiey raised by the same.
CLXXXVII.
And
be
it
enacted, That
a
separate Register of Xort-
gages on the Sewer Rates,
a
like Register of Mortgages on the Paving
Rates, and
a
like Register of Nortgages on the Water Rates,
shall
be
kept
by
the
Town
Clerk,
and
within Foizrteen Days after the Date of
any Mortgage an Entry
01-
Memorial, specifying the Kumber and Date
of
such JIortgage, and the Sum secured thereby, and the Names of the
Parties thereto, with their proper Additions,
shall
be made in the proper
Register
;
and every such Register may
be
perused at
all
reasonable
Times by any Jlortgagee, or
by any
Person interested in any such
Jlortgage, without Fee or Reward.
CLXXXTIII.
And
..
Cup.
cxxi711.
2547
CLSSXVIII. And be it enacted, That froin Tinie to Time any Party
Transfer
of
entitled to any such Mortgage niay transfer his Right and Interest
&fortgageS.
therein to any other Person; and every such Transfer shall be
by
Deed
duly stamped, wherein the Consideration shall be truly stated
;
and
every such Transfer may be according to the Form in the Schedule (D.)
to
this Act annexed, or to the like Effect.
CLXXXIX.
And be
it
enacted, That within Thirty Days after the
Register
of
Date
of
every such Transfer, if executed within the United IGngdorri,
Transfers
to
or otherwise within Thirty Da
s
after the Arrival thereof in the United
Kingdom,
it
shall be produce% to the Town Clerk, and thereupon the
Town Clerk shall cause an Entry
or
Memorial thereof to be made in
the proper Registry, in the same Manner as in the Case
of
the original
Nortgage
;
and after such Entry every such Transfer shall entitle the
Transferee, his Executors and Administrators, to the full Benefit of
the original Mortgage, and the Principal and Interest thercby secured
;
and such Assignee may in like Manner assign or transfer the same
again, and
so
toties
quoties
;
and
it
shall not be in tlie Power of any
Person, except the Person to whom the same shall have been last
transferred, his Executors or Administrators, to make void, release, or
discharge the original Xortgage, or the Monies due thereon or secured
thereby.
CXC. And in order that
no
undue Preference may be given in
Modeofpay-
paying
off
any Mortgages, be
it
enacted, That, \vhenever tlie Council
ing
gages.
Off
Mort-
shall be enabled to pay
off
One or more out of the Number of Mortgages
of
the Sewer Rates, the Paving Rates,
or
the Water Rates respectively,
or
a
Part
of'
the Money secured
on
any such Mortgage, they shall
decide the Order in which such Jfortgages shall be paid
off
by Lot
or
Ballot, and shall cause
a
Notice, signed by the Town Clerk, to be given
to the Person entitled
to
the Money to be paid
off
pursuant to such
Lot or Ballot, and such Notice shall express the Principal Sum pro-
posed to be paid
off,
and that the same will be paid, together with the
Interest due thereon, at a Place to be specified, at the Expiration of
Six
Months
from
the Date of giving such Notice.
be kept.
CXCI.
And
be
it
enacted, That the Council may, if they think
Repayment'
proper,
fix
a Period for the Repayment of all Principal Monies borrowed
,O'Ed::iac
on Mortgage under the Provisions of this Act, with the Interest thereof;
;,
TinIe
and
and in such Case the Council shall cause such Period to be inserted in
place agreecl
the Mortgage Deed;
and
upon the Expiration of such Period the
"~011.
Principal Sum, together with the Arrears of Interest thereon, shall on
Demand be paid to the Party entitled to receive such Principal Noney
and Interest; and if no other Place
of
Payment be inserted in such
Mortgage Deed, such Principal and Interest shall be payable at the
Office of the Treasurer of the Borough.
Deed for the Repayment of the Money so borrowed, the Party entitled
fE':i
to
receive such Money inay, at the Expiration or at any Time after
when
no
the Expiration of Twelve Months from the Date of such llortgage,
Tinieor
demand Payment of the Principal Money thereby secured, with
all
Place
has
Arrears
of
Interest, upon giving
Six
Months previous Notice for that
been
upon.
agreed
CXCII.
And be
it
enacted, That if no Time be fixed in the Mortgage
Repayment
Purpose
;
2548
Purpose
;
ancl in tlie like
Case
the Council may at any Time
pay
0%
tlie
illo~ey borrowed,
011
giving the like Kotice
;
and every such Sotice
shall be in T\’riting
or
l’rint,
or
both,
and
if given
by
a
Mortgagee
or
Creditor shall be delivered to tlie Town Clerk,
or
left at his Officc, and
if given by the Council shall be given either 1xmoiially to such Mort-
gagee
or
Creditor
or
left at his Residence, or if
such
Jlortga~ee
or
Creditor bc unknown to the Council, or cannot be found after diligent
Inquiry,
such
Notice
shall
be
given
by Iidvertisement in the
London
Guzette!
ancl in
One
Livciy~ooZ
Sewspaper.
Interest to
CXCIIT.
Ancl
be
it
enacted, That if the Council sliall liave nireii
cease on
Ex-
Kotice of their Intention to
pay
off
any
such
Mortgage
at
a
lime
piration
of
wheii the same
iriny
lawfully be paid
off
by them, then at the Espi-
Notice to
pay
offn
Mort-
ration of such Kotice
all
fiirther Interest sliall cease to be payable
011
gage Debt.
such &Tortgage, unless
on
Dc1niand
of
Papent
made
pursuant to
such
Notice, or at any Time thereafter, the Council shall fail to pay the
l’rincipal
and
Iiiterest
due
at tlie Expiration of
such
Kotice on
such
llortgage.
q7.
Mortgagees
CXCIV.
And
be
it
enacted, That
it
shall
be lnmfd for any Mort-
may
enforce
gagee
or
other Person entitled to receive Paymeiit of tlie
Aloney
Payment
by
secured by
any
Mortgagee to enforce the Paymerit
of
tlie Principal
the Appoint-
ment
or
llloney
and Interest due on
any
Mortgage authorized by tlie Provisions
Receiver.
of this Act,
by
applying for the Appointment of
a
Receiver in the
Manner herein-after provided
;
but in order to authorize
the
Appoint-
iiieiit
of
such
Receiver the Amount of Money owing to the llortgagce
or
Jlortgagees,
or
Creditor or Creditors,
by
whom the Application
is
rriade,
shall not be less than
One
thousand Pounds.
It
eceiv
er
CSCT’.
Ancl
be
it
en:tctecl, That if within Six Months after the
may be
W-
I’rincipal Jloney
or
any Interest on-ing upon
any
such
Jlortgage has
became
payable,
and
after Demand thereaf in Writing, the
same
be
pointed
if
Arrear re-
mains
unpaid
not paid, the JIortgagec
or
other Creditor
as
aforesaid, without l’re-
for the
Tiinc
judice to
his
llight to
sue
fbr
such
Principal i\loney, together with all
prescribed.
Arrears of Interest, in any of the Superior Courts of
Law
or
Equity,
maj-,
if his Debt amount to the Sum
of
One
thousand l’oiinds, alone,
or
if
his Debt does not amount to that Sum,
he
may in coiijuiiction
with other Mortgagees whose Debts, being
so
in arrear after
Demand
as
aforesaid,
shall
together with his amount to the said Sum, require
the Appointment of
a
Keceiver,
by
an
Application
to
be made
as
lierein-after providecl.
Mode
of
appointil3g
lieceivcr.
CXCTI.
Ancl
be
it
enacted, That every A-pplicntion for
a
Receiver
shall
be
niade
to
Two
Justices,
and
on
any such Application
it
shall be
lawful for
such
Justices, by
Orcler
in Writing, after hearing
the
Parties,
to appoint
some
Person to receive
ilie
whole
or
a
competent Part of
the
lktes ancl Assessinelits liable to tlie I’aynient
of
such
Intcrcst,
or
Principal and Interest,
(as
the Case may
be,
j
until such Interest, or
until such Principal
and
Interest,
(as
tlie Case inay be,) together with
all
Costs, including. the Cliarges of receiviris tlie Rates and Assess-
iiieiits, be fully
paid
;
and upon
such
Appointment being
niacle
all
snch liates
ancl
Assessments
as
aforesaid shall
be
paid to
and
received
$y
the
Person
so to
be
appointed,
who
is liereby enipov-erccl to give
good
9"
SL.
10"
VICTORIE,
..
cap.
CXXVll.
2549
good and sufficient Discha,rges for the
same
;
and the Money
$0
to be
received shall be
so
much Money received
by
or to the
Use
of the
Party to whom such Interest, or such principal and Interest,
(as
the
Case may be,) shall be then due,
and
On
whose
Behalf such Receiver
shall have been appoiiited
;
aiid after such Interest and Costs, or such
Principal, Interest, and Costs, have been
so
received,
the
Power of such
Receiver shall cease.
CXCVII.
And
be it enacted, That if any Person against
whom
the
Proof
of
said Council shall have any Claim or Dernand become bankrupt,
01'
Debts
Bankruptcy.
in
take the Benefit
of
any Act for the Relief of Insolvent Debtors,
it
shall
be lawful for tlie Town Clerk
01-
Treasurer, in all Proceedings against
the Estate of such Bankrupt or Insolvent,
or
under any Fiat, Seques-
tration, or Act of Insolvency against such Eankrupt or Insolvent, to
represeiit the said Council, and act in their Behalf in all respects as if
such Claiiii
or
Deinaiid liad been the Claim or Demand of
such
Clerk
or Treasurer, and not of the
said
Council.
CXCVITI.
And be
it
enacted, That if any
Party
shall have coin-
Tender
of
niitted any Irregult~rity, Trespass,
or
other wrongful Proceeding in the
Amends.
Execution of this Act, or by virtue of any Power or Authority
thereby given,
and
if before Action brought in respect thereof such
Party make Tender of sufficient hinends to
the
Party injured, such
last-mentioned Party shall not recover in any such Action; and if
no
such Tender shall have been
made
it shall be lawful for the Defen-
dant, by Leave of
the
Court vherc such Action shall be pending,
at
any Time before Issue joined, to pay into Court such Suni of Money
as
he shall think
fit,
and thereupon such Proceedings shall be
had
as
in other Cases where Defeiiclsiits
are
alloved to pay JIoney
into Court.
CXCIX.
And
be
it
enacted, That in
all
Cases where any Damages,
Provision
for
Costs,
or
Expences are by this Act directed to
be
paid, and the Method
Damages not
of ascertaining the Amount or enforcing the Payment thereof is not
provided
otherwise
for.
provicicd for, such Amount, in case of Dispute, shall be ascertained
and dctermiiied
by
Two
Justices
;
and if the Amount be not paid by
the Person liable to
pay
the sainc within Seven Days after Deinand,
the Amount may
he
rceovered
by
Distress
of
the
Goods
of such
Person, and the Justices by whoin the same shall have been ordered
to
be paid,
or
either of them, on Application, shall issue their Warrant
accordingly.
CC. And be
it
enacted, That where in this Act any Question of
hiethod
of
Compensation, Espcnces, Cliarges, or
Damages
is referred to the
proceeding
Deterinination
of
any One Justice or inore,
it
shall be lawfiil for any
before
ticesinQues-
Jus-
Justice,
upon
the Application
of
either Party, to
summon
the other
tions
of
Party to appear before
One
Justice or before
Two
Justices,
as
the
Case
l>nmnges,
may require, at
a
Time or Place
to
bc named in such Summons
;
and
upon the Appearance
of'
such Parties, or in the Absence of them upon
Proof
of
due Service of the Summons,
it
shall he lawful for such One
Justice or sucli Two Justices
(as
the Case iiiay be) to
hear
and deter-.
mine such Question,
and
for that Purpose to examine such I'arties
or
any of them,
and
their Ktnesses, on
Oath
;
aiid the Costs of every
[
Locctl.]
28
n
such
2550
gesses.
Treasurer
may reim-
burse him-
self.
Council may
make Bye
Laws
for
the
Purposes
herein
named.
..
9"
&
IO"
VICTORIA^,
CCLJI.CXXVII.
such Inquiry shall be in the Discretion of such Justices, and they shall
determine the Ainouiit thereof.
Recovery
of
CCT.
And with respect to any lloney under the Provisions
of
this
the
Mayor,
"Om
Act adjudged to be paid by the &fayor, Aldermen, and Burgesses, or by
~ld~~~~~,
the Council, for which
no
other
i\Iode
of
Proceeding
is
hereby provided,
and
Bur-
bc
it
enacted, That if such Money be not paid by the Jlayor, Aldermen,
and Eurgesses, or
bv
the Council, to the Partv entitled to receive the
same, Gthin 'Tweniy-one Days 'after DeinaGd thereof in Writing,
stating the Order of the Justice for the Payrnent of such Money, the
Amount
shall
be
recovered by Distress of the
Goods
of the Mayor,
Aldermen,
and Burgesses, and if no sufficient Goods of the Mayor,
Aldermen,
and
Ihrgesscs
can be found,
by
Distress of the
Goods
of'
the
Treasurer of the Ijorough, but
no
such Distress shall issue against the
Goods of such Treasurer unless Seven Days previous Kotice in Writ-
ing, stating the Amount
so
due, and deinaiiding Payment thereof, shall
have
becn
given to such Treasurer, or left
at
his usual Place of Abode.
CCII.
And be it enacted, That if such Treasurer pqy any
Money
under any such Distress as aforesaid
it
shall be lawful for him to
re-
tain the Amount
so
paid by him, ancl
all
Costs and Expences occasioned
thereby, out of any Money belonging to the Mayor, Aldermen,
ancl
Burgesses coming into his Custody or Control, or to sue the
Illayor,
Al-
clermen, and Burgesses
for
the same,
in
the same Manner
as
other Parties
are by this Act enabled to sue the Mayor, Aldermen, and Burgesses.
CCIII.
And be
it
enacted, That
it
shall
be
lawful for the said
Council and they are hereby required from Time to Time to make
Bye
Laws,
as
they shall think fit, for all
or
any of the Purposes fol-
lowing
;
(that
is
to
say,)
For preventing Suisances ancl Annoyances in the Streets,
or
near
thereto, and effecting Cleanliness therein
:
For
making Regulations for registering and Inspection of Slaughter
Houses and Knackers
Yards,
and for keeping the same in a
cleanly and proper State, ancl for removing Filth therefrom
at
least once in every Twenty-four
Hours,
and for requiring that
they shall be provided by the Occupier with
a
sufficient Supply
of
Water
:
For
regulating the Manner of keeping Swine, and preventing the
keeping thereof within any Dwelling House or Ihacker's Yard,
and for describing the Liinits in the said Borough within which
it
shall be lawful to keep the same
:
For regulating the Duties of Scavengers, and for regulating the
AIanagement
of
public Privies and Urinals
:
For
regulating the Renioval of the Contents of Niddensteads and
Privies, and for preventing foul Water soaking.
from
any
Pre-
nlises whatsaever, to the Annoyance of the Occupiers of adjoining
I'roperty, and also for preveiiting any such Xiddensteads
or
Privies,
or
any Hogsty, Dunghill,
01'
Manure
Heap,
fi-om being a
Kuisance
or
Annoyance to
ally
Inh
a
b'
1tant:
For making Regulations for the registering of Lodging Houses, and
for maintaining Cleanliness therein, and keeping them in a d-hole-
some
Condition
:
And
2551
And to ascertain and
fix
what pecuniary Penalties shall be incurred
l’rorided always, that no such last-mentioned Penalty shall exceed for
any One Offence the Sum of Forty Shillings, and in the Case of
a
con-
tinuing Nuisance the Sum of Five Shillings for every
Day
during
which such K‘uisance shall be continued or unreinedied.
by Persons breaking such
Laws
:
CCIV.
Arid
be
it
enacted, That no Bye
Law
made under the
ByeLalV~
Powers for that Purpose herein contained shall be
of
any Force until
when
ap-
by
the Expiration of Forty Days after a Copy of the same, sealed with
Secretary
the Seal
of
the said Mayor, Aldermen, and Burgesses, shall have been
State,
and
sent to One of Her Mqjesty’s Principal Secretaries of State, and shall
published
in
Newspapers,
have been published once
in
Two
Newspapers circulating within
the
to
Le
Evi-
said Borough; and if
at
any Time within the said Period
of
Forty
dence.
Days Her Majesty, with the ,4dvice
of
Her Privy Council, shall dis-
allow the said
Bye
Law or any Part thereof, such Bye
Law,
or
the
Part thereof disallowed, shall not come into operation
;
and
a
Copy of
any such Dye
Laws,
signed by the Town Clerk, shall be received as
E:vidence of such Bye
Laws
in
a11
Courts
of
Law
and Equity, and
before all Justices.
CCV.
And be
it
enacted, That
all
Bye
Laws
made in pursuance
B~cLa\vsto
of this Act shall be printed, and
a
Copy thereof shall be affixed and,
~~~~~?$~i,,
continued in the Office
of
the said Town Clerk, and Copies thereof
~~or,,n~~er~’s
shall be delivered to any Person who may apply for the same, on
Office.
Payiiieiit
of
such Sum as the said Council shall thi&
fit,
not exceeding
Sispencc.
taiiied relative to Offences against this Act punishable upon sum-
~~~~l’~~o
mary Conviction shall be taken to apply to
all
Offences committed
he
in breach of any Bye
Law
iiiade by thc said Council
by
virtue of this
Act.
CCK.
And be
it
enacted, That all the Provisions herein-after con-
How
CCVII.
And be it enacted, That
it
shall be lawful for the said
Council
to
order Costs
Council to direct any Prosecution for any public Kuisance whatsoever
of
E,rosfcu-
which shall be permitted or suffered within the Borough, and to order
tionp.
Proceedings to be taken for the Recovery of any Penalties, and for the
Punishment
of
any Persons offending against the Provisions of this
Act, and to direct
aiid
order the Expences of such Prosecution or
other Proceedings to be paid and borne by and out
of
the general Kate
authorized to be imposed under the Provisions of this Act.
CCITIII.
And be
it
enacted, That every Penalty
or
Forfeiture
Penalties
to
imposed by this Act, or by any Bye
Law
iiiade in pursuance thereof,
::::zE:;’ilY
the Recovery of which is not otherwise providecl for, may be recovered
before
T~~~
by
suiiiniary Proceeding before Two Justices
;
and on Complaint
Justices.
being inade to
any
Justice he shall issue
a
Suniiiioiis, requiring the
Party complained against to appear before
Two
Justices
at
a
Time
and
Place to be named in such Summons
;
and every such Summons
shall
be
served on the Party offending, either in Person
or by
leaving
the same with some Inmate at his usual Place of Abode
;
and upon the
Appearance
3552
Powcr to
mitigate
Penalties
and
Costs.
Penal
ties
niay
be
levied
by
Distress.
Appearance
of
the
Party
complained against,
or
in his Absence, after
Proof of the due Service of such Suiiimons, it' shall
be
lawful
for
Two
Justices to proceed to
the
hearing
of
the Complaint, and that although
no
Inforination in Writing
01%
in Print shall have been exhibited
before them;
aiid
upon Proof of the Offence, either
by
the Confession
of
tlie
Party
complained against,
01-
upon the Oath of One credible
Witness
or
more,
it
shall be lawful
for
such Justices
to
coiivict
the
Offender, and upon such Conviction to
ad-judge
the
Offender to pay
the Penalty
or
Forfeiture incurred,
as
well
:LS
such Costs attending
the Coiir.ictioii
us
such Justices shall think fit.
CCIS.
And
be
it enacted,
That
it
shall be lawful
for
:my
Jus-
tice
or
Two
Justices, in a11
Cases
where
Persons
shall be convicted
before hiin
or
them of any Ofi'ence
under
this Act,
or
uiidcr any
I?pc
Law
made by virtue of this Act, to mitigate the Penalty
and
the
Costs
pay:\ble
in a11 such Cases
to
One
Half
or
any
less
Pro-
portion thereof, if such Justice
or
TITO
Justices
shall think
it
right
so
to
do.
CCS.
Ancl
be
it enacted, That if
upon
any such Adjudic
a
t'
ion
as
aforesaid tlie Rinouiit of
tlie
l'enalty or Forfeiture, and of such Costs
as
aforesaid,
be
not
forthwith paid, the Amount
of
such Penalty and
Costs niay
be
levied
by
Distress
;
aiid such Justices,
01-
either
of
them,
niay
issue their
or
his Warrant of Distress accordingly.
In
default
CCXI.
And
be it ennctccl,
That
it
shall
be
lawful for
anv
such
Distress,
Offenders
iuay
be
imprisoned.
Distress,
how
to
be
1
e
v
id.
Justice to
order
any
Off'cndc~
so
convicted
as
aforesaid to be &tailled
and
kept
in
safe
Ciistody until Return caii
be
conveniently iiiade to
the
Warrant
of
Distress to be issued for levying such Penalty
or
For€eiture,
and
Costs,
uiilcss
the Offender nix sufficient Security, by
way
of
Recognizance or otherwise, to the Ratisfaction
of
the Justice,
€or
his. Sp1)e:;'rance before
him
on the Day appointed for such I:ctnrn,
sncli
Dny
not
being
iiiore
tliaii Eight
Ihys
f'roiii
the Time of talting
sucli Securitp
;
but
if
before
issuing sucli
'Warrmt
of Distress it sllnll
appear to the Justice,
by
tlie Xclinissioii
of
the Offender
or
otherwise,
that
no sufficient Distress
can
be
hacl within the Jurisdiction of such
Justice whereon to levy such Penalty
or
Forfeiture and Costs, he
may,
if
lie
tliiidis fit, refrain
froin
issuing
such
VTai*r:tnt of Distress
;
and in
such Case,
or
if sucli Tlrarraiit shall have been issued, and upon the
Return thereof such Insufficiency
as
2foresaid shall be
niade
to appear
to the Jnstice, tlien such Justice rimy,
by
Kai-rant,
cause
such
Offender
to
be
committed
to
Gaol,
there to reniaiii without Bail for
my
Tcrlii
not
esceecling 'Three Xoiitlis, unless
such
Penalty or Forfeiture aiid
Costs
he
soonel- paid and satisfied.
CCSII.
And
be
it
enacted,
That
where in this Act
any
Sum
of
3loiiey,
wlictlier in
the
Xature
of l'eiialty
or
otlierwise,
is
directed to
Le
levied by Distress,
SLiCli
Sum
of
Money
shall
be
leT-ied
by
Distress
:ind
Salc
df
the
Goods
and Chattels of
the
Person liable to
pa)-
the
smne
;
aiid
tlie
Overplus
arising froin
the
Sale
of such
Goods
311~1
Chattels, after satisfying such
Snrii
of Money,
aid
the Expiices of
tlie
1)iC.tl-ess
and Sale, shall
bc
returned,
on
Deiiiand,
to
tlie l'erson whose
Guods
shall have
been
clistrsined.
CCSIII.
Aiid
CCSIII.
hid
be it enacted, That no Distress levied
by
virtue
of
Distress
not
this Act shall be deemed unlawful, nor shall any
Pcrson
malcin~ the
unlawful
for
same
be
deemecl
a
Trespasser,
on
account
of
any Defect or \Vant
of
1,
orm
:;:.of
in the Summons, Conviction, Warrant of Distress, or other Proceediiig
relating tliereto, nor shall such Person be deemed
a
Trespasser
nb
iizitao
on account of any Irregularity afterwards cominitted
by
him, but
all
Persons aggrieved
by
such Defect or Irreplarity may recover fU
Satisfaction for the special Damage in
an
Action
upon
the Case.
Penalty or Forfeiture shall be imposed shall, where the Application
Of
l'enalt'es*
thereof is not otherwise provided for,
awtrcl
the same to the said
Council, to be by them used and applied to the Purposes of this Act
as
to them shall appear fit, and shall order the
same
to be paid over
to
the proper Officer for that Purpose.
fi,
CCXIV.
And be
it
enacted, That the Justices
by
whom any such
Application
CCXV.
And be
it
enacted, That no Person shall be liable
to
the
Penalties
to
Payment of any Penalty or Forfeiture imposed by virtue of this Act
2t{y:i.r
for any Offence made cognizable before
a
Justice, unless the Complaint
Montlls.
respecting such Offence shall have been macle before such Justice
within Six Months nest after the Coinmission of such Offence.
CCSVI.
And be
it
enacted, That if, through any Act, Neglect, or
Darnage
to
Default on account whereof any Yerson shall have incurred
any
Penalty
be
nlade
imposed by this Act, any Damage to the Property of the said Mayor,
t,on
good
to
in
addi-
Aldermen, and Burgesses shall have been corninitted by such Person,
Penalty.
he
shall be liable to make
good
such Damage,
as
well
as
to pay such
Penalty
;
and the Amount of such Damages shall in case of Dispute
be determined
by
the Justices by whom the Party incui*ring such
Penalty shall have been convicted; and on Xonpayineiit
of
such
Damages, on Demand, the same may be levied by Distress, and such
Justices,
or
One
of
them, may issue their
or
his Warrant accordingly.
to summon any Person
to
appear before him
as
a
Witness in any
Witnesses
Matter in which such Justice
shall
have Jurisdiction uncler the Provi-
T:tz
sions of this Act,
at
a
Time and l'lace mentioned in such Summons,
and
to administer to him an Oath
to
testify the Truth in such Matter
;
and if any Person
so
summoned shall, withont reasonable Excuse,
refuse or neglect to appear at the Time and Place appointed for that
Purpose, having been paid or tendered
a
reasonable
Sum
for his
Expences, or if any Person appearing shall refuse to be examined
upon Oath or to give Evidence before such Justice, every such Person
shall forfeit
a
Sum
not exceeding Five Pounds for every
such
Offence.
CCXVII.
And be
it
enacted,
That
it
shall be lawful for any Justice
Penalty on
CCSVITI. And be it enacted, That it shall be lawful fo13 any Officer
Transient
or
Agent
of
the said Mayor, Aldermen, and Burgesses,
or
of the
said
Offenders.
Council, and for any Constable of the said Borough, and all Persons
called by him to his Assistance, to seize and detain any Person
TV~O
shall have committed any Offence against the Provisions of this Act,
and whose Kame and Residence shall
he
unknown to such Officer
01-
Agent, and convey him with all convenient, Despatch before some
Justice, without any Warrant or other Authority than this Act
;
anci
[LOCUZ.]
28
S
such
25.54
such Justice
slid1
proceed with all coiivenieiit Despatch to the hcariiig
ancl cteteriiiiiiing
of'
the Complaint against such OEender.
Form
of
CCSTS.
And
be it enacted, That the Justices before wl.101ii any
Conviction.
Person
shdl be coiivicteci
of
my
Offence against this Act
may
cause
thc Con\-iction to
be
drawn
up
according to the Form in the Schedule
(E.)
to this Act annexed.
Procceciings
not
to
be
quashed for
Want
of
Form.
C'CSS.
rincl
bc
it
enacted, That
110
Proceeding in pursuance of this
Act sliall be
quashed
or
vacated for Want
of
Form, nor shall the s:i~iie
be
reiiiovecl
by
Certiorari
or
otherwise into any of the Superior Courts,
except
as
hereiii-before specially provided.
sions,
011
g
i
vin
cr
9
Security.
Court
to
inake
such
Order
as
they
think
reasonable.
Saving
11iglits
of
the
Grand
J
ti
ii
c
tio
n
Railway
Company.
Saving
Rights
of
Dock
Trustees.
Parties
may
CCXSI.
illid
be it enacted, That
if
any Person shall
feel
aggrieved
api'eal
to
by
any lktcriiiiiiatioii
or
dcljudicatioii of any Justice with respect to
Quarter
ani'
l'eidtv
or
Forfeiture
under
the Provisions
of'
this Act. such
Pckoii
inai
appeal
to tlic General Quarter Sessioiis for tlie
Eo~ough
;
but
110
such Appeal slid1 be entertained unless
it
be iiiade within
Pour
Noiitlis next after the
iiiakiu~
of
sucli Deteriiiinatioii
or
Acljudication,
nor
unless
Ten
Ikys
Sotice
in
Writing of such Appeal, stating the
Sature arid
Gi-o~iids
thereof, be given to the Person against, whom the
Appeal shall be brought, nor unless the Appellant forthwith after such
Kotice enter into ilecognizances, with
TWO
sufficient Sureties, before
a
Justice, coiiditioiied duly to prosecute such Appeal, aiid to abide the
Ortler
of
the Court thereon.
CCXXII.
And be
it
enacted, That
at
the Quarter Sessioiis
fbr
which such Notice shall be given the Court shall proceed to hear
aid
deteriniiie the Appeal in a smnmary Way,
or
they may, if they
think fit, ailjourn
it
to the following Sessioiis
;
aiid
upon tlie hear-
ing
of'
such
Appeal
the Court
may,
if they think
fit,
mitigate
any
Penalty
or
Forfeiture,
or
they may confirm or quash
the
ddjudi-
cation,
aiid
orcler
any Jloiiey paid
by
the Appellant,
or
levied
by
Distress upoii his
Goods,
to
be
returned to him,
and
inay
also
order
such further Satisfaction to be inade to the Person injured
as
they
:nay
judge reasonable; and they
make
such Order concerning the
Costs
both
of'
the dcljudicatioii and
of
the Appeal,
as
they may think
reasonable.
CCSSIII.
Provided always,
and
be it enacted, That nothing in this
Act contained shall extend or be construed
to
extend to take
away,
lessen, ijrejudice,
or
affect any of the Rights, Franchises, Powers, and
Authorities
of
or vestfed
in
the
Grand
Junction
Railway Coiiipttiiy
uiider aiicl by virtue of any Act
or
Acts
of
Parliament of the present
or of any former Sessions, but
all
such Rights, Franchises,
Powers,
uiid
Authorities are hereby respecti\-ely saved and reserved out of and
froin the
Opation
of
this Act.
CCSXIV.
-4nd
be it eiiacted, That, notwithstanding any thing in
this Act contained, the Docks, Quays, or Estate of the Trustees
of
the
LirerpooZ
Docks, or
any Part thereof, except the Warehouses erected
on
the
-1lbert
Dock
Quays, sliall not
be
rated
to
any Rate whatever
made
in pursuance
of
this Act
;
and that,
save
as
herein
is
expressly
provided,
providecl, nothing in this Act shall
be
construed in anywise to injure,
prejudice, or affect any ltights, Powers, or P'rivileges now vested in
the said Trustees.
CCXXV.
And
be
it
enacted,
Tliat
nothing in this Act
or
in
the
Saving
tile
said
recited Acts contained shall extend or he construed to extend to
IiigIlts ofthe
abridge, alter, prejudice, or take away any of the Rights, Privileges,
g''':#z:t
Franchises, Powers, or Authorities of
or
belonging to or vested in
c~~~~~~~~
the
Liverpool
Gas
Light Company and the
LiceqmoZ
Kew Gas aiid
and
the
Coke Company, or either of them, but all the same ltiglits, Privileges,
Liverpool
Gas
and
Franchises, Powers, and Authorities (whether uncler the several Acts
Coke
of
Parliament incorporating or otherwise relating to the said
Com-
panies respectively or otherwise) are hereby expressly saved
and
reserved to the said Companies.
CCXSVI.
Provided
always,
arid be
it
enacted, That, save as herein
Saving
is expressly enacted, nothing in this Act contained
shall
extend to
Rightsof
the
take
away,
lessen, prejudice, or affect any of the Rights, Privileges,
Powers, and Authorit,ies of
or
vested in the Company
of
Proprietors
rington
of the
Liuerpool
and
JIwri?agton
Waterworks under
or
by virtue
of
FTater
any Act or Acts of Parliament
of
the present
or
of any former
Company.
Session, but all such Rights, Privileges, Powers, and Authorities are
hereby respectively saved aiid reserved out
of
and
fi*oi-n the Operation
of
this 14ct.
and
Har-
CCXXVII.
dncl be it enacted, That in this Act the following
Interprets-
Words
and Expressions shall have the several Xeaniugs hereby
tion
of
Act.
assigned to them,
unless
there
be
something in the Subject or Contest
repugnant to such Construction
;
(tliat is to say,)
Words
importing the Singular Sumber shall include the Plural
Number, and Words importing the Plural Xuinber shall include
the Singular Number
:
Words importing the JIasculiiie Gelider only shall include Females
:
The
JVorcl
''
Month
"
shall mean Calendar Month
:
The
Word
''
Person
"
sliall
include Corporations, whether aggre-
gate or sole:
The
Words
"
Superior Courts
"
shall nieaii Her Majesty's Superior
Courts of Record at
TT%stnzinster,
and shall include the Court of
Coiiirrion Pleas at
Laizcaster
:
The Words
((
General
or
Quarter Sessions
of
tlie Peace
"
shall mean
the General or Quarter Sessions for the Borough of
Liz.ely001:
The TVorcl
('
Justice
"
shall iiiean Justice
of'
the Peace acting for
tlie Eorough of
Lizwpool
.-
The Expression
"
Two
Justices
"
sliall be understood
to
mean
Two
.Justices assembled aiid acting together in Petty Sessions, or One
Stipendiary or Police Magistrate
:
The Word "Oath" shall include Affirmation in the Case
of
Quakers,
or
other Dec1arat)ioii lawfully substituted for an Oath
in the Case
of
any other Persons exempted by Law
from
the
Necessity
of
taking an Oath
:
The
\Vord
'(
Borough
"
shall iiieaii the Borough of
Lii~ipool
as
enlarged and extended by the Act
for
the llegulation
of
Municipal
Corporations in
Etzgtaizcl
aid
Wcdes
:
The
9556
The
Word
"
Street
"
sliall include
any
Square,
Street, Colirt,
Alley
Footpath,
Footw%y,
IIighway, Lane, Road,
Thoroughfiare,
public
Passage,
or
other Place within
the
Uorough
of
Liuipool
:
The
Word
"
Court
"
shall
mean any Street,
not
being
a
Carriageway,
sild having the principal
or
only'
Eiitrance
of
any Dwelling House
therein
:
The
Word
"
I'assagc
"
slisll
mean
any
Alley,
Kay,
or
other Place,
not being
a
Carriageway,
nor
having the principal
on
only
Entrance
of
any
Dwelling
House therein
:
The
Word
"
Cattle
"
shall include Shecp
and
Pigs.
CCXXVIII.
And
be
it
enacted, That this Act may be amended
or
repealed
by
any 12ct to
be
passed
in
this present Session
of
Parlia-
ment.
Act
may be
amended,
&C.
Commence-
CCXSIX.
And be it enacted, That this Act shall come into opera-
mefit
of
Act-
tion and take effect on
and
after the
First
Day
ofJaizuay
in
the Year
of
our
Lord One thousand eight hundred and forty-seven.
Costs
of
the
Act.
CCXXX.
Aid be
it
enacted, That the Costs,
Charges,
and
Ex-
pences attending or incident to the obtaining
aid
passing this Act
shall
be
paid
by
the Council out of the Borough
Fund
of the said
Borough.
Public
Act.
CCXXXI.
And
be
it enacted, That this Act shall be
a
Public
Act, and shall be judicially taken notice
of
as such.
SCHE-
..
9”
&
10”
VICTBRIB,
Cap.
CXXVII.
SCHEDULES
referred
to
by
the
foregoing
Act.
SCHEDULE
(A.)
Form
of
TVavant
of
Distress.
Borough
T~
One of the Collectors of the
Liverpool,
Rates under an Act passed,
qc.,
intituled,
$‘e.,
WHEREAS
the under-mentioned Persons,
now or
late Owners or
Oc-
cupiers
of
I’reniises within the Borough of Liverpool, have been duly
rated in or are liable to the Payment
of
a
Rate
[or
Rates,
as
the
Case
may
be,]
made on the
and there are now
due
from them respectively the several Sums of
i\loney against their Names herein-after respectively set down, which
they have not paid,
as
appeareth upon Oath to me, One
[or
us,
or
Two]
of Her 1SIqjesty’s Justices of the Peace in
and
for the said Borough
;
and the said several Persons havin5 been duly suiiinioned to appear be-
fore me
[or
us]
to answer the Premises,
alii
not having
shown
sufficient
Cause why
such
several Sums of Money should not be paid
;
These
are therefore, in Her Majesty’s
Kame,
to
require you or any of you
forthwith to levy the said severnl Sums dne as herein-before men-
tiorieci by Distress
aid
Sale
of
the respective
Goods
and Chattels
of
the Persons aforesaid, rendering to tlieiii respectively the Overplus (if
any), the reasonable Charges
of
such
Sunm1ons, Warrant, Distress,
and
Sale being first deducted
;
and if
no
sufficient Distress can be had
and
taken, then that
yon
certify the
smie
to me
[OY
us], to the end that
such further Proceedings may be had
as
the Law doth authorize and
direct. And
I
[or
we] do hereby strictly charge and command
all
and singular the Constables of the said Borough
to
be aiding and
assisting in
all
things relating to the Premises. Given under my
Hand and Seal
[OP
our Hands and Seals], this
Day
of
in the Tear of our Lord One thousand eight
hundred and
to
Of
wit.
{
and
to
all Constables
:
Day of
Sums
due.
-
s.
cl.
A.
3.
.I
c.
D.
c
.I
-
SCHEDULE
(13.)
Form
of
Coiarictioiz.
BE
it
remembered, That on the
Day
of
to
Fvit.}
in the
Year
of
our
Lord
A.
B.
is convicted before me,
C.
D.,
One
[or
us,
E.
F.
and
G.
II.,
Two]
of
Her Xajesty’s Justices of the Pence
for
the Borough
of
Liverpool
[Local.]
28
T-29
A
(0)‘
..
22558-80
9"
&
10"
VICTORIB,
Cap.cxxvi1.
(or
tcs
the
Case
may
be)
[here
describe
the
Qfence
generally,
and
the
Time
nnd
Place
when
rind
w1)ei~
conivu'tted],
contrary
to
an Act passed,
+c.,
intituled,
gc.
[here
imrt
the
Title
of
this
Act,]
Given under
in$
Harid and Seal
[or
our Hands and Seals], the Day and Year first
alnovc written.
c.
71.
SCHEDULE
(C.)
Form
of
fortgage
Deed.
IIY
virtue of
an
Act passed,
qc.,
we, the Mayor, Aldermen,
:uld
1:urgesses
of
the Ilorough of Liverpool, by virtue of the said Act,
i!i
consideration of the Sum of Pounds paid to
us
by
A.U.
of
for
the Purposes
of
the said Act,
do
grant
ancl
assign unto the said
A.
B.,
his Executors, Aidministrators,
and
Assigns,
such I'roportion of the
[here
specifi/
which
Rate
the
Iifoney
borromd
is
clmyed
zq~on],
vested in
us
by virtue of tlie said Act,
as
the said
Sum
of
Pounds doth
or
shall bear to the whole
Stun
which is or shall be borrowed
upon
the Credit of the said Rate, to
hold
to
the said
A.
B.,
his Executors, Administrators, and Assigns,
from this Day until the said
Sum
of Pounds, with
Interest
at
Pounds per Centuiri per Annum for the
same, shall be fLilly paid and satisfied. In witness whereof we have
hereunto set the Common
Seal
of
the said Mayor, Aldermen, and
Burgesses, this Day
of
Oiie thousand
eight hundred and
SCHEDCLE
(D.)
Form
of
Transfer
of
11Zortguge.
I
A.B.
of in consideration of the
Sum
of
Youiids to
me
paid by
C.D.
of
do
hereby transfer to
the said
C.
D.,
his Executors, Administrators, and Assigns, a certain
Mortgage,
Number
made by the Mayor, Aldermen, and
Burgesses
of
the Borough of Liverpool, under the
Powers
of
tlie
[Title
of
the
,4ct],
to
bearing Date the Day of
Interest
[or,
if
such
Transfer be
by
Inclorsenaent,
the within Security],
and all my Right, Estate, and Interest
in
and
to
the Money therehy
secured, and in and to the Rates thereby assigned. In witness
whereof
I
have hereunto
set
my
Hand and Seal, this
Day
of
for
securing the
Sum
of
Pounds and Pounds
One thousand eight hunded and
LOSDON
:
Printed
by
GEOI~GE
E. EYRE
and
WILLIAX
SPOTTISWOODE,
Printers
to
the
Queen's
most
Excellent Majesty.
1846.
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