Southport Improvement Act 1846
| Jurisdiction | UK Non-devolved |
| Citation | 1846 c. xxx |
| Year | 1846 |
ANSO
NON0
VICTORIA3
REGINE.
C“.
xxx
.
An
Act
for
pivin(13
lightiiig,
watcliino- wnterinq,
cleansing,
regulating,
and
otherwise
improving
the
Town
of‘
Soictliport
in
the
County
Palatine
of
Lmcrtster,
and
fiw
establishiiig aiid
requlating
n
Market
arid
Bliwliet Places
therein.
[18th
Ju12e
1846.1
III
EAS
tlic
Toivn,
Thinlet,
or
Ti11:ige
of
Sm(t1q)oi-t
in the
J’arish
of
L\?wtlL
Il/c~ols
:~iicl
(’ounty l’alatiiie
of
Lnmmte~*
co~itaiiis
:I
~i~iiiiei’oiis
mi(1
iiicrcasiiig l’opulation, re.idcnt
therein for tlic lhiefit
of
Sea
Air
aiicl
htliiiig, ancl is
a
Place
of
great
Resort
by
Persons
reqidiiig in the iiia~i~~~~cti~~iii~). Tlihtricts
:
,lnd
whereas tlic \:Lid
‘l’c)wii,
IIaiiilc~t,
ur
T-illage, alicl ?ic.inity thereof,
is
badly
paved,
draiiiecl, ivutclied,
;iiicl
liglitctl, ancl
110
sufficicnt ,iutliority
exists
for
tlic ;\Iau:ipileilt :\lit1 1:egul:itioii
of
tlic
s:ime
;
ancl
the Tn-
habitants
and
I-isitors
arc
greatly iiicoiivcnieiicccl aiid annoyed
by
reason
of
tlicrc lieiiig
no
prolwrly rcgrdated Jlarket
:
,hit1
whereas
it,
would
be
of iiiatcrid Ihefit and
Ad\-;iiitagc
to tlic Inhabitants
of
the
said Town, Tlamlet,
or
Village,
:iiid
tlic iiiiinecliatc IYcinity
of
the
same,
that
certain Persons
shoulcl
bc
:q)poiiited,
as
licrein-aft cl-
mentioned,
with
sufficient
Powcrs,
for
pm-iiig,
draining, lighting, watering,
and
otlier\vise
regulatiiig the sai~ie, tincl
also
for establishing, holding,
and
regulating
a
JIarket
tlicrein
:
3lng
it
therefore
pletLsc
Your
Majesty
tllat it inay
be
enacted
;
and
lw
it
enacted
by
the
Queen’s
most
Excel-
lent Najesty,
by
an(l
with tlie
-\tlvice
and
Consent
of
the
Lords
[
Locctl.
]
iG
Spiritnal
fi
’.
B’.
578
Short Title.
Cominik-
sioners ap-
pointed
under
this
Act
to
be
a
Corporate
Rotly.
First
Com-
missioners.
Qualification
of
Voters at
Election
of
Comniis-
siuners.
Spiritnd
and
Temporal, aiid Commons, in this present Parliament
asseinbled,
and
by the iluthoi-ity of
the
same,
That
in
citing this Act
in other Acts
of
I’srlianient, slid in legnl Instruments and other Pro-
ceedings,
it
shall
be
sufficient to
use
the Expression,
“
The
Sozcthport
Ini proveiiient Act,
1
8
4
6,
”
IT.
And
be
it
enacted, That
a
Kuniber
of
Persons, qiialified in the
Manlier
herein-after provided,
sliall
be
appointed
and
elected
Comiiiis-
sioners
for
the Purpose
of
carrying this Act into execution, such
Number not exceeding Twenty-four
at
any One Time, over
and
be-
sides tlie Justices of the
l’(wx,
who
iinder
the Provisions of‘ this Act
may
for
the
Time being be
ex
ojicio
entitled to
act
as
Coiiiniissioners
;
and such Coinmissioners for the Time bciiig
sliall
be
a
l3ocly
Corporate
br
the Kame of
“
The
SozitJqwt
hnprovenient Coinniission~rs,’~
and
bii
that Kame slid1 lime perpctwd Succession and
a
Coiiinioii
Seal,
and shall
hare
Power
to sue
and
be sued,
and
to take,
purchase,
and
hold
lmids,
Tenenients, Hereditaments, Goods, Cliattels,
and
other
l’roperty, for any of tlie Purposes of this Act, within the ltestrictions
therein contniiied.
I\-.
And
be
it enactcd, ‘hit cw1.y
Person
who s1i:rll
bc
amssed
as
Occupier in
anv
Hate
or
ILates
unricr
the 1’rb~’isioiis
of’
this Act for
Paving
or
IIiihway I’urlmws existing
011
the
Virst
Day
of
J1111e
ini.
~nediatcly pr~ccdiiig
any 1:lc~tioii
of
Cnmiiiissioiicr~, at
a
ycarly mtc-
able
\’due
of
Six l’ounds
or
upw~r~ls,
mid
~vlio
l hull
Iinve
paitl
all
Arrc:irs
of
snch
Rates
as
shall be
payable
by
and slinll
haw
been
ilcinaiided
of
Iiiiii
under
the I’royisioiis
cf
this ”Jict, and ercry
~’w-oii
who
slid1 appear on
any
sucli Rate
OT
ltntc1,i
as
tlie Omiier of l’roperty
of the yearly ratcablc
I7aliie
of
Six
1’0111ids
or
up~wrds, sub.jcct
ruder
the l’rovisions of this Act to
the
1:ntes
for
l’aviiig
aid
IIigliway
I’Lw-
poses,
shall
be
entitled to vote at every Election of Coinmi;~sioners
;
aiid every Owner or Occupier
so
entitled to vote shall give
One
Vote
if
the Property
in
respect
of
which
lie
is clititled to vote shall be
as-
sessed in such Hate
or
Rates in
a
Suni
not exceeding Fifty Pounds
yearly
rateable
Value,
Two
Totes if snch Property shall
be
so
assesscci
in
9
Sum exceeding Fifty Pounds and not excccdiiig
Seventy-fivc
Pouiids yearly rateable Value, and
so
on
in the Proportion
of
Chic
Vote for
every
additional Twenty-five Pouiicls
of
yearly
rateable
Value, until the Number of T‘otcs shall aiiionnt to Six
;
and
where
any
such Owner shall
be
dulj- assessed
as
Occupier
of
any such
Pro-
perty
9"VICTORI&,
Cap.xxx.
5?9
perty
he
shall be entitled to vote
as
well in respect
of
his Occupation
as
of his beins such Owner
:
Provided nevertheless, that no Person
shall be entitled to
a
greater
Kuinber
of T70tes than
Six
Votes.
V.
And be
it
enacted, That, for the I'nrpose of electing Commis-
Mode
of
sioners for thc I'iir1)ose of carrying this
Act
into execution in the
electing
Place of
those
who siiall froin Time to Time go out
by
Ilotation,
a
Commis-
sioners.
Meeting of the Persons entitled to vote
at
such Election shall be held
on tlie First
Thz.wsdci!y
in
Sq~teiizbci-
which will be in tlie
l'ear
Oiie
thousand cigFt hundred
and
forty-nine,
and
on
the First
T/~zii>sduy
in
Srptenzber
in each mid
every
succeeding Year, at
Ten
of the Clock
in
the Forenoon,
of
wliich ;\leetirig Kotice in Writing, stating the
Place
as
well
as
the 'l'irne and Object
of'
such &eting, signed
by
any Three
of
the Commissioiiers
or
by
tlie Clerk to the Coinmis-
sioiiers, shall
bc
given
by affixing the same to the principal
Door
of every
Church
and
Chapel
within the Limits of this Act, and
on the usual Placc of affixing. Notices relating
to
the Affairs under
the
lianagement of the C'onimissioners, Seven clear Days at the least
before tlie
Day
of Elcction
;
and that at
each
such Xeeting
a
Chairiiian
shall
be
appointed
by
a
Jfajority-
of
the
Persons
duly qualified then
present
;
and
tlie Person
so
app6intecl Chairinall of the Jleetirig shall
be
deenied to l)e the Eeturniiig Officer
at
the lilection for which such
Meeting slid1 be held,
and
sliall determine :ill C'ontroversies -\vhich Inay
arise as to the Qudification
or
Right of votiiig,
or
tlie Eligibility of
aiiy
Person
claiming to vote,
or
as
to tlie Qualification
or
Eligibilit\- of
any
Persons
proposed
to
be elected ~oinniissioncrs
;
ant1
that at suEh
Xeet-
ing
it
shall be lawful for the
l'ersons
then present, duly qualified to
vote
at
siich
Election by
:L
Majority of the Totes of the
Persons
then
present (subject to the Kight
to
delnand
a
Poll), to lirocced
to
the
Election of
any
Nnmher of
I'ersons
(not
exceeding the Xunil~er tlieii
to be chosen) to be Commissioners
in
the
Place and Stead
of
tlie
C'oin-
missioners
who
sliall then
go
out of Oflice
11y
Eat'
'I
t'
1011.
VI.
Provided always, and be it enacted, That any X'umber of Persons
Any Number
entitled to Thirty l'otes
or
upwards inay at such Meeting,
or
any
Ad-
of
Persons
journment thereof, demand
a
l'oll to be taken
of
tlie Votes of the Persons
to
Thirty Votes
qualified to vote upon the Question
as
to the Xuinber of Conirnissioncrs or
upwards
to be elected (not esccw1ing, with the Commissioners elect remaining in
may
demand
Office, the Suinbcr of 'l'iimity-four),
or
as
to the Persons to
bc
elected
;
a
Poll.
and
that
in
case
a
1'011
shall be
so
elemantled the lictnrning
Oficer
shall appoint sonic
Day
not earlier t1i:in
Seven
Days
or
later tlinii
Fourteen
Days
froin the
Day
of such Election
or
the hcljjuurnincnt
thereof, for
the
Purpose of taking the Poll, and
sh:ill
give Xotice
thereof, specifying the Time mid l'lacc
at
which tlie
Pcrsoiis
entitled
are
required to signify
or
give
their Votes, by causing siich Soticc to
be
affixed on
the
principal
Door
of cvery Church and Chapel within
the Limits of this Act, mid
on
such usual Place
of'
affixing Sotices
ab
aforesaid, Four clear
Days
at least, One
of
such
Days
being
a
*)iiiidlxy,
before the Time appointed for taking the Poll.
J'II.
And
be
it, enacted, That
at
every l'oll
on
thc Election of
Coin-
Mode
of
missioners the voting shall commence at Sine of
tlie
Clock in the
voting
at
Foreiioon and shall finallv close at Four of the Clock in the Afternoon
E'rctions*
of the samc
Day
appoinied for taking
such
Poll (unless
in
case of
Riot
580
Riot or Obstruction), and shall be conducted in manner following
;
(that is
to
say,)
every I’erson entitled to vote in the Election of
Corn-
ini.rioners
inay
Tote
’
for
any
Nuniber
of
Persons (not csceecling the
~iuii~cr
of
Coinmissioners tlien
to
be
chosen
by
deli\-eriiig
to
tlie lie-
turiiing
(
)fficcr,
or
to
such l’erson as he shall appoiiit to
preside
ut the
Poll,
:t
Iroting 1’:xper containing the
Smies
of the
Persons
for
T,~~oH~
he votes
;
such Paper being previously signed with the Same of the
Person voting, and the Poll Clerk shdl thereupon openly record such
Tote in the Poll Book, and the Voting-
Paper
shall be carefully 1°C-
served
by
such presiding Officer.
Jointowners
TTllI.
And be it, enacted, That if at any 1;lection of Commissioners
and
Occu-
to be elected by the Occupiers
atlid
Owners of Property under the
piers
may
Provisions
of
this Act,
Two
or inore l’ersons shall be jointly rated
as
vote accord-
ing
to
Occupiers in any such Itate
or
Rates as aforesaid in respect
of
any
Proportion
Property,
or
shall be therein described
as
joint Owners thereof, each of
of
their
111-
such Occupiers aiid Owners respectively shall be entitled
to
vote
terest
in
any
according to the Proportion ancl Amount of his Interest in such
Pro-
Property.
perty
as
Occupier
or
(
hner thereof
;
but where
One
only of such joint
Occupiers or Owners shall attend
at
the Poll, he shall
he
entitled to
give all the lrotes which may be given by such joint Occupiers or
,joint Owners
respectively,
as
the Case inay be, in reslject of the
Occupation or Ownership of such Property,
on
delivering to the pre-
siding Officer at the Poll
a
written Authority signed
6y
such joint
Occupier
or
joint Owner authorizing him
so
to vote.
poll
may
be
IX.
Snd
be
it
enacted, That
it
shall be lawful for the Returning
closed
if
no
Officer or for any presiding C)fficer to close the voting or Poll
at
any
Place of voting
at
any Time before Four
of
the C’lock in case One
voting
Paper
be
tendered
for
Hour shall have elapsed durins which no Voting Paper shall have been
One Hour.
tendered at such Place of voting, any thing herein-before contained to
the contrary tliereof notwithstanding.
Returning
x.
And
be it enactccl, That after the 1’011
is
closed at every
Officer to
Election the Returning Officer shall examine the Poll Books, ancl, if
examine necessary, compare the Entries therein with the lToting Papers
and
Books,
and
declare
tile
written Authorities
so
delivered as aforesaid, for the Purpose of ascer-
Poll.
taining which of the several Parties J-oted for are elected
;
anct
so
niany
of such Persons, being equal to the Plv’uinber of Persons then to be
chosen, as shall have the greatest Number
of
Votes, shall be deemed to
be elected; and in case of
an
Equality in the Kuniber of Votes for any
Tvo
or inore Persons the Returning Officer shall decide by Lot ivhich
of
such
Persons shall be elected
;
and the Returning Officer shall
pub-
lish
a
List of the Names of the Persons
so
elected, not later than
TWO
of the Clock in the Afternoon of the Day next but one following the
Day of such Election, and he shall also send
a
Xotice to each Person
so
elected, informing him
of
his being elected
a
Coinmissioner
;
and
as
soon as may be after every Election
a
List of the Commissioners
elected, signed by the Xeturning Officer, shall be sent by such Return-
ing
Officer
to the Clerk of the Commissioners.
Voting
SI.
And be
it
enacted, That within Four Days after every Election
Papers
to
be
the Returning Officer shall cause the Voting Papers delivered
as
afore-
open
to
In-
said to be nuinbered in alphabetical Order, and he shall deliver them,
together
Cap.
xxx.
581
together with the Poll
Books,
and all such written Authorities
as
spection
for
shall
have
been delivered
hy
joint Occupiers and Owners who have
Twofifonths.
voted
at
the Election, to thc Clerk to the Cominissioners, and such
Clerk shall keep such Voting
Papers,
Poll Books, and written Authori-
ties
at
his Ofice during
Two
Calendar Months
:it
least after every
such Election, and the Clerk to tlie said Coinniissioners shall permit
any Person to inspect the same during
the
said l’eriocl of
Two
Calendar
Months,
on
l’ayment of
a
Fee
of (hie Sliilling.:
XI.
And be it enacted, That the necessary Expences incurred by
Expences
of
holding any lof Corninissioners
under
the l’rovisions of this
~‘e~~~~’~~o
Act shall be
paid
by the Coinmissioners
;
and every Returning
Officer
Commis-
shall be fully 1-eimbnrscd by the said Cominissioners
all
Cliarges
in-
sioners.
curred
by
hiin in conducting the Business of such Election,
or
in
any-
wise relating thereto
;
and
all
presicling
Officers
at tlic 1’011, 1’011
Clerks,
Churchwartlens, Overseers, Assistant
Orerseers,
Collectors of
Ratcs, and other parochial Oflicers,
or
other l’ersons, shall be paid by
such Commissioners
a
fair
and
reasonable Reniuneration
for
making
out the alphabetical List of Voters,
and
for
Attendance at. the Election,
and otlier Services performed having relation
to
such Election.
SIII.
dnd be it ciiacted, That if at any Tilile from any Cause
110
If
110
Elec-
Electioii of Coniinisbioiicrs shall take place on
any
Day
herein-before
tion takes
mentioned
for
electing t‘oniniissioncrs, tlien and in
every
such Case the
$‘‘efi~~~~e
Tiinc
for
niaking such Klection shall stand acljouriied until the
same
same
be
1)ay
of
the
followiiig Week,
ant1
the Electioii to be inade in
pursuance
adjourned to
of
such
.icljourIiinent sliall be
as
good
aiid
effectual
to a11 Intcnts and
asubsequent
Day.
Purposcs
as
if‘
tlie
saine
hacl been duly made and coinpletecl
on
the
Day
iirst
:ipl)ointcd
:
l’roviclccl always, that in
every
siich Case the
Proviso.
Clerk
for
tlie ‘l’iinc beiiig to tlie Coiiiniiszioiiers,
or
if there be
110
such
Clerk
tlie
Cliairiiiaii,
or
soine otlicr of tlie Coiiiinissioiiers for the Time
beiilg, slinll
gi\
e
at least
‘l’liree
clear
Days
Xotice
of
every h~cll Ad-
journiiiciit to all Parties iiitcrested tlicrcin,
by
public Xclvertiseinent
or
ot1icrwi.e.
SIT’.
,hicl
be it enacted, That the Comniissioners appointed by this
One
Third
of
Act ilia11
go
oiit
of
Office
by rotatioil in ~nanncr following
;
(that is to
say,)
on the l’irdt
YIz~i~sd~iy
iii tlie Nonth of
Sipteniter
One thousand
elected
by
eight
hiindrcd
alid forty-nine
Oiie
Third
of
such Coinmissioners
shall
Rate
payers
(yo
out of Office,
md
on tlie First
T/~wsduy
ill
,%ytc.dw
Oiie
tliousand
and
Owners
eiglit liiinc~rec~ :incl
fifty
ne
~alf’
of
tlic rtLiiiaiiiiiig ~oinnii>sioiicrs
to
Office
out
every
of
appointed by this Act slid1
go
oiit of Office,
:illcl
on the First
T/izii.sdny
yenrs.
in
Sqitcnibei~
One
thousand eight hundred aiicl fifty-one tlic 12eiiiainder
of’
such Corninissioiicrs slid!
go
out of Office,
ad
on
the First
7‘hrtr.s-
(7uy
in
tlie
Xonth of’
Xcl)teiribci.
in each and
el-ery
subsequent
Y-ear
(
)lie
Third
of
the C‘oininisbioncrs
~ho
sliall be elected iincler the
Pro-
vi4ons of this Act, being tliosc who
Iiave
been
loiigyt in
Oflice,
shall
(yo
out of‘
Office
;
and in c;ich Instance the
l’laces
of
the retiring Coni-
kisioners shall be suppliecl by tlie Election of
a
siniilar
Suinber
of
Comniissioners in the 31uiiiier herein-before provided.
p.
Manner
of
Xl7.
,ind
ill
order to dcterminc the Rotation by which the
Coin-
making
[Loctrl.]
7
11
That
List.
missioners appoiiited
by
this Act shall
go
ollt of Office,
be
it enacted,
Rotation
Cap.
xxx.
That within One Month after the passing of this Act the Commis-
sioners shall meet at some convenient Place,
for
the Purpose of forming
a
Rotation List of the Coininissioriers
;
aiid at, such Meeting the Clerk
to
such Commissioners,
or
some Person to be then appointed for that
Purpose by the Commissioners, shall write the Names of all the Com-
missioners by this Act on separate Slips of Paper, all as nearly
as
may
be
of equal Size, and having folcled thein up in the saiiie Jlanner he
shall put them into
a
Balloting
Box
or
other coiivenient similar Place,
and shall draw out such Slips of I’aper in s~ccessioii, ancl the Names
upon the Slips
so
drawn shall be inserted by such Clerk
or
other
Person in
a
List in the Order in which they shall be
so
drawn, and
such List shall be kept by the Clerk among the Papers of the Cornmis-
sioners, and the Names in such List shall be numbered consecutively,
and such Comiiiissioners shall retire fioiii Oflice in the Order
in
whicli
their Names appear on such List, according to tlie l’roportion herein-
before mentioned.
Elections
XVI.
And
be
it enacted, That no Election of Commissioners under
not
to be
t,his Act shall be liable to be questtioiled by reason of any Uefect in the
void forwant
Title
or
Want of‘ Title
of
the Person
lq
or befbre whom such Elections
shall have been
held
or shall have been coiiveiled, provided that, the
of
Title
of
presiding
Officer,
6ic.
Persons before whom such I
or
convened
shall be in the actual Possession of or acting in the Office giving
the Right to preside
at
such I
the
same
:
Provided nevertheless, that iiothiiig herein-before
con-
tained shall prevent any such Election
or
Act done by any Person
from being questioned aiid set aside by reason of any Fraud,
01-
of
any
Irregularity
or
Defects, other than those herein-before specified.
..
Resident
Magistrates
to
be
Com-
missioners
ex
officio.
XTII.
And
be
it
enacted, That every Justice in the Conimission of
the Peace, and acting for any llivision
of
the County of’
Lancaster,
and who shall
reside
within the
‘Towiiship
of‘
Novth
Meols,
aid be
duly qualified
as
herein-after nicntioned, sh:d1
PJ
o@cio
lx
a
Com-
missioner
for
carrying the l’rovisions
of
this
A2ct
into execution during
such Time
as
he shall continue to reside withiii the ‘l’ownsliip
of
Akrth
Meols.
QuaIificatiotr
of
Commis-
sioners.
XVIII.
And be
it
enacted, That wen- Commissioner uncler this
Act
shall be
a
Male Inhabitant
of
the Towndiil, of
iIbi*t?i
M&ls
;
and
evei-y
such Commissioner shall be rated to the Itelief of tlie
l’oor
in
respect
of
Property situate within the Limits of the District
hy
this
Act
made
subject to the Rate for Paving and Highway Purposes in
a
Sum not
less than Twenty Pounds rateable yearly Value,
or
shall be in his
own
Right
or
in the Right of his Wife the Owner
of
Property within such
Limits rated to that Amount in such Hates respectively as aforesaid
made in such
Town
or
District.
Joint
OWI-
XIX.
And be
it
enacted, That where
TWO
or more Persons shall
be
ers
01’
Occu-
jointly rated in respect of any such Property
as
aforesaid, each
of
such
Persons shall, subject, to the Provisions herein-before contained, be eli-
piers, when
qualified
as
~~~~~,i~~i~~-
gible to
be
chosen such Commissioner as aforesaid, lrovided
such
ers. Person shall be rated in respect of such Property upon
a
rateable
yearly
9’
VICTORIiE,
Cap.
xxx.
583
yearly
Value which when divided by the Number
of
Persons
so
rated shall give to each
a
sufficient rateable yearly Value according
to the Provisions herein-before contained.
XB.
And be
it
enacted, That
no
Person shall be capable of acting
Declaration
as
a
Commissioner until he shall hare inade
and
signed before Two
or
as
to
Quali-
inore of the Commissioners of such Town or District
a
Ileclaration to
fication*
the following Effect
:
‘
I
A.
B.
do
solemnly declare, that
I
will faithfully and irnpartially,
‘
according to the best
of
my Yltill and Judgment, execute all the
‘
Powers and Authorities reposed in me
as
a
Commissioner
by
virtue
of
‘
“
The
Sozithport
Improvement Act,
1846
;
”
and also that
I
am
an
‘
Inhabitant
of
the Township of
Ahrtk
ikleols,
and am duly rated
for
‘
Property within the Limits of the District
by
the said Act made sub-
‘
ject to the Rate
for
Paving
and
Highway
Purposes
in
a
Sum not
‘
less
than Twenty Pounds mteable aiinual Value
;
or
am Owner
in
‘
my own Right
[or
in Right of
my
Wife] of Property within the
‘
Limits aforesaid duly rated in
a
Sum not less than Twenty Pounds
‘
rateable annua1;lValue;
or
am possessed of Real or Personal Estate to the
’
Amount or
Value
of One thousand
l’ounds
beyond what will satisfy
‘
my Debts.’
XST.
And
be
it enacted, That
at
the Meeting of Commissioiiers
at
Commission-
which any Person shall first attend
:IS
One of’ such C’oniniissioncrs
ers
to
make
such Person shall make and subscribe the Ueclaration herein required
;
Dcclaration
and it shall be lawful for
any
Persons attending as such C‘oinmissioriers, Meetiug.
whether they shall themse1;es have made such Ueclaration
or
not, to
administer such l~eclar a
t’
ion.
at
First
XXTI.
And be it enacted, That any Person who shall falsely or cor- Persons
ruptly make ancl subscribe any 1)eclaration authorized or required by
lnaking
false
this Act to
be
made and suhcribed, knowing the same
to
be untrue in
~$~~~
any Particular, shall
be
deeined guilty of
a
Misdemeanor,
and
shall be
Misdemen-
punished accordingly.
nor.
XXIII.
And be it enacted, That if any Person shall act
as
a
Commis-
Penalty on
sioner, being incapacitated to act, or not being duly qualified,
or
before
actirlg
as
a
he shall have made
or
subscribcd such 1)cclaration
as
aforesaid,
or
after ?‘~~~~ot
having
become
disqixilifcd, he shall
for
every such Offencc forfeit the
being
dull-
Sum of
Pif’tj-
I’ounds
;
ant1
snch
I’enalty may be rccovered, with full
qualified.
Costs of Suit, in any
of
Her .\Ia,jesty’s (:ourt3 of
€becord
at
Cl‘estwinster,
by any
Person
who shall sue
for
the same
by
Action of Debt
;
ancl in
every Action for the Recovery of such Penalty the Person
so
sued shall
prove
(as
the Case may be) that he
was
qidified,
and
had
made
and
subscribed the Ileclaration aforesaitl
;
and in default thereof’ the
Plaintiff shall
be
entitled to Verdict and Judgment for the said
Penalty and Costs, without any other
Proof’
or
Evidence on the
Part
of the Plaintiff than that
such
l’erson had acted
as
a
Commissioner in
the Execution
of
this
Act
:
Provided. nevertheless, that all Acts and
Proceedings
of
any Person acting
as
a
Commissioner, being incapaci-
tated,
not
dilly
qualified,
01’
being disic~ualifiecl, done previously to the
Recovery of the Penalty, shdl be as dit1
as
if
such
Person had been
duly qnalified.
XXIV.
And
584
9”
VICTORIB,
Cup.xxx.
NoBankrupt
XXIv.
Arid
be
it
enacted, That no Bankrupt
or
Insolvent,
or
or
Insolvent,
Person not qualified
as
herein-before mentioned, shall be capable
of
&c-
to
be
a
Cominis-
sioner.
No
Person
XXT‘.
And
be
it
enacted, That if at any Time subsequent to the
holding
of-
Election
or
Appointment of any Commissioner
he
shall accept
or
con-
fice or coli-
tinue
to
hold any Office or Place of Profit under the Coimiiissioners,
cemd in
or be concerned in any Contract,
or
participate in any Manner in any
to
be
a
Com- Work to be done under the Authority of this Act,
or
shall derive
or
be
missioner.
entitled to any Benefit, either directly or indirectly, therefronl, such
Person shall cease to
be
a
Coinniissioner, and his Office shall thereupon
become vacant
:
l’rovided always, that no Person, being
a
Shareholder
or Member of any Joint Stock Coinlmiy established by Act of l’arlia-
ineiit,
shall
be clisqualified froni acting
as a
Coiniiiissioiier
by
reason
of any Coiitract entered into between such Coinpaiiy and the Com-
missioners
;
nevertheless
it
shall iiot
bc
lawful for any such Share-
holder or Member to act
as
a
Commissioner in any Matter relating
to any Contract entered into between the Coiiiniissioriers aiid such
Company.
being
or
continuing
a
Commissioner under t>his Act.
Conimis-
XXVI.
And
be
it
enacted, Tliat no Person
shall
be incapable of
sioners may
acting
as
a
Justice of tlie Peace
in
any Mutter relating to the Execu-
as
Jus-
tion of this ,4ct
by
reason of
liis
being
a
Coniinissioner.
tices.
Commis-
SXVII.
And be
it
enacted, That every Cornniissioner going out of
sioners
may
Office may, if duly qualified,
be
re-elected, and after such Re-elecfion
be
re-
lie shall, with reference to going out of Oftice periodically, be con-
sidered
a
new Commissioner.
cl
e
c
t
e
d.
Commis-
sioners neg-
letting
to
act.
XX\XI.
And
be
it
enacted, That
if
any C‘onii~iissioner elected
or
appointed by or undcr any of the l’o~ers
in
this L4ct contained shall
neglect
for
the
Space of Six Months
tu
iiiake and subscribe tlic
De-
claration licreiii-before required,
or
shall
iicglect
for Six Xonths in
succession to atteiid tlie Mcetings of tlie said Comniissioiiers, and act
in tlie Exccntion of tliis Act,
such
Coninii-bioner sliall
1)e
deeined to
have refused to act, and shall ceasc
to
be
n
Coniinissioiier, unless
he
slid1 be duly re-elected
a
Coininissioner.
Mode
trf
fill-
SXIX.
And
be
it
cnactecl, Tliat if any Coininissioner appointed
ing
up
ocm-
by
this Act,
or
elected
by
the Occupiers aiid Omiers
of’
Property, shall
bionalVacan-
die or resign,
or
be
clisqualified
or
cease
to
bc
a
~oininissioiiei- fi-uni
any other Cause than that
of
going out
of
Office
by
Efilusion of Tinie,
cies.
then it shall be lawful for the Commissioners: and they arc lic~eby
required
to
elect another Cornrnissioner out of the Persons 1)ossessing
tlie necessary Qualifications, to
fill
liis Place
;
or
if
tlic
Xuinber
of
Coiiiinissioners for the Time being sliall be less tlian Five
it
shall
be
lawful for
any
Three
or
more l’ersoiis liable to
he
rated under tlie
Yrovisioiis of this Act to convene
a
Meetin5 of Persons entitled to
vote
in the Election of Comrnissioners, by Aotice in l\-ritiiig
under
their Hands, given or published in the
smic
AIanner
as
Notices of
annual Meetings for the Election
of
Coniinissioners are
by
this Act
directed
to
be given, aiid
at
such Meeting the l’ersons duly qualified
to vote shall proceed to the Election, out of
the
Persons
possessing
the
9”
VICTORIf!E,
,585
the
necessary Qualification, of One Commissioner to supply the Place
of
each Commissioner who shall have
so
died, resigned,
or
become
disqualified,
or
have ceased to be
a
Commissioner from any other
Cause
than that of going out of Office
by
Effluxion of‘ Time, in such
and the same Manner and under the same Regulations
as
are herein-
before provided for the Election of Commissioners in the
I’lace
of‘ those
who
shall
from Tiwe to Time
go
out
of’
Ofice by l:ot:~tiun,
aid
shiill
specify in whose Place each such Cominissioner shall be
so
elected
;
and every Commissiorier
so
elected shall continue in Otficc
fbr
such
Period of Time only
as
the Person in whose I’lace lie shall be appointed
would have been entitled to continue in Oftice.
XXS.
And be
it
enacted, That the said Commissioners shall hold
First
and
their first Meeting
at
the Kewu Room
or
soiritl
other coiivcnieiit 1’l:ice
Other
Meet-
within
Soeitlipori
on
the Fourth
Titesdny
next
:ittcbr
thc passiiig of this
Commis-
Act at the Hour of Eleven
of
the Clock in the %‘orenoon,
and
proccd
sioners.
to put this Act into execution
;
and
it
shall be lawful for the Com-
missioners present at such first
or
any subsequent Jleeting from
Time to Time to adjourn such Meeting to the same
or
any other Place
within
Southport;
and if at any such Meeting there shall not be Pi\-e
Commissioners present within One Hour after the Time appointed for
such Meeting, then it shall be lawful for the (‘ommissioners present,
or
tlie nia,jor Part of them,
or
any One C’omniissioiier
if
oiily One be
present, to adjourn such Meeting
till
another
Day,
arid
if no (’om-
missioner shall be present it shall be Inwful
for
their Clerk
to
adjourn
such Meeting to the same
or
any other Place within
Suzithport.
ings
of
the
XSXI.
And be it enacted, That the Commissioners shall after the
Annual nnd
said first JIeeting hold
:in
aiiiiixd
3Ieeting in the
JIoiith
of
,h([!j
in
quarterly
each Year, and Four quarterly Neetirig:,
for
the Trnnsactioii
of
be
Meetings to
general Business, and no Kotice need
be
given
of
the Business to be
transacted at, such annual
or
quarterly Meetings
;
and
the said quarterly
Meetings shall
be
holden on such
Days
and
at
such Place within
Southport
as
the Commissioners shall from Time to Time appoint.
XXXT’I.
And be it enacted, That besides the said
Four
quarterly
Weekly
or
Meetings weekly
or
monthly Meetings
of’
the Commissioners may be
monthly
held for the l’urposes of this Act, for ordering l’aymcnt of the Sala-
~e~~~~s
to
ries
of
the inferior Servants,
for
inqiiiring into their Conduct,
and
for
reprimanding
or
dismissing such of them
as
may have acted impro-
perly,
for
inquiring into the Conduct
of
the Contractors or other
Perso:is employed to execute any
Works,
for
receiving Reports from
their Surveyor
on
the State and Progress of aiiy
Works
in wliich the
Commissioners inay
be
interested, and
for
otlier sirriilar Pnrposes,
and
for giving Directions as to the cleansing :ind repairiilg Sewers and
Drains, and the keeping in proper Order the Streets and other Places
under their Charge, and
for
superintending the Supply of Water, and
in general
all
other Matters and Things intrusted to them; which
weekly
or
monthly Xeetings
are
to
be held upon any Day which may
be from Time to ‘l’ime fixed at the quarterly Jleetings of the
Com-
missioners
;
and upon any such Day being fixed the Commissioners
for
the Time being are required to attend without any Kotice.
[I~ocaZ.]
7I
XXXIII.
And
586
9"
VICTORIB,
Cap.xxx.
No
extra-
ordinary
Business at
weekly
Meetings
unless
No-
ticc begivel1.
saine Manner
as
is required for special Meetings.
Special
Meetings.
XSXIII.
And be
it
enacted, That
no
new Rules
or
Regulations
are
to be adopted nor extraordinar Business discussed at the weekly
or
monthly Meetings unless due dtice thereof has been given
at
a
prior
Meeting, and the Subject of such Business notified
to
each Commis-
sioner by means of written
or
printed Xotices delivered or left in the
XSSIV.
And be
it
enacted, That it shall be lawful for the Com-
missioners to hold special Meetings, and any Five
or
more
of
tlie
Com-
missioners may require
a
special Meeting to
be
held, but no such
Meeting shall be held unless Three Days Notice thereof
at
the least
shall be given.
How
Notices
XSSV.
And be
it
enacted, That all Notices of any special Meeting
Of
Meetings
of
the Coinmissioners to be held uiider the Authority of this Act shall
be in Writins or printed, and shall be delivered or sent by the Clerk
of
Commis-
sioners are
to
be given.
to the Commissioners,
by
the Post or otherwise, to the usual l'lace of
Abode or Place of Business of each of the Cominissioners, Three
Days
at least previous to such Rleeting
;
and every Notice shall specify the
Time and Place of meeting, and
in
case
of
a special Meeting shall
specify the Object thereof; and no Business shall be transacted at
any
special Xeetiiig except such
as
is stated in the Xotice thereof.
Quorum
of
Commis-
sioners.
XSXVI. And be
it
enacted, That all Powers vested in the Commis-
sioners under this Act may be exercised by any Five
or
more of the
Commissioners present at any Meeting holden
in
pursuance
of
this
Act
;
and
no
Business shall be transacted at any Meeting of the
C'orn-
inissioners unless Five
or
more Coiriniissioiiers shall
be
present
at
such Neeting.
Expences
of
Mcetiogs*
XXSVIT.
And be it enacted, That at, all Meetings
of
the Commis-
sioners they shall defray
t1ic:ir
own
llxpences, except for the Use of
the liooin
in
wliich tlie JIeet,ing is held,
and
Books,
Stationery,
and Fire.
Commis-
SSSVIII.
And be
it
enacted, That the Coinmissioners shall take
sioners
to
care that some Person duly authorized by thein
in
that Jkhalf shall
attencl
at
their Office One Day at the least in e:~h Week for the Pur-
provide
a
daily Attend-
ancc at tlleir
pose
of
receiving Notices
a~ltl
transacting the ordinary 13usiness of the
Office.
Coinmissioners
;
and due Xotice of the Place of the Ciffice of the Com-
missioners, and of the Days and Hours during wliich Attendance is
given there, shall be published by the Commissioners within the Limits
of
their Jurisdiction, in such Manner that the sane may be fully and
generally linown.
Committees
ma~
be
a~'-
pointed at
special
Meetings.
SXSIS.
And be
it
enacted, That it shall be lawful for the Com-
missioners at any special Meeting
to
appoint
a
Committee
or
Coininittees
for any Purposes which in the Discretion of the Coinmissioners would
be better regulated and Inanaged by nieans of such Conunittee, and at
any special Meeting to continue, alter,
or
discontinue
such
Comiriittee
:
Provided always, that the Acts of every such Committee sliall be
sub-
mitted
to
the said Cominissioners for their Approval.
XL.
And
Yo
VICTORIR,
Cap.
xxx.
587
XL.
And be it enacted, That
110
Business shall be transacted
at
Quorum
of
any Meeting of the Committee unless Three Meinbers
of
the
Corn-
Colnmittec.
mittee are present.
SLI.
And be it enacted, That
at
the first Meeting which shall be
Order
of
held by the Commissioners and by each Committee the Commissioners
hsiness
at
Meetings
of
shall
by
the Majority
of
the 1-otes
of
the Cornmissioners present
at
such respective Meetings elect One of their 13ody to be their Chairman
sioners
arid
for the Year ensuing, and afterwards
at
the annual Meeting in each
Conimittees.
Year they shall in like BIariner respectively elect their respective
Chairmen for the ensuing Year
;
and in case of the Absence of any
such Chairman
at
any
Meeting then One of the Cornmissioners shall
be elected Chairman of such Meeting
by
the Majority of the Votes of
the Commissioners present
at
such Meeting
;
and all Questions con-
sidered
at
any such Meeting sliall be decided by the Votes of the
Majority present, and if there be
an
equal Division
of
Votes the Chair-
man, in addition to his own Vote as
a
Cornmissioner or Member of the
Committee, shall have
a
casting Vote
:
Provided always, that if
at
any
such Meeting there shall be an Equality of Votes in the Election of
the Chairman then the Commissioner whose Surname would stand
first if the Surnames of the Coinrriissioriers having an equal Number
of Votes mere alphabetically arranged shall be Chairm:in
of
such
Meeting.
XLII.
And be it enacted, Tliat no Resolution or other Act at any
N~R~~~~~-
Meeting shall be revoked
or
altered
at
any subsequent Xeeting unless
tion
of
Com-
such subsequent Rleeting be called expressly for such Alteration or
missioners
to
be revoked
Revocation by Koticc given by the Clerk to the Commissioners Four- at
a
subse-
teen
Days
at least previous to the holcling thereof, nor unless such
quent Meet-
Reyocation
or
Alteration be determined
upon
by
a
Xajority consisting
itlg
unlesr
of
~wo
Tliirds
of
the ~oiiiniissioners present at such subsequent
under cer-
tain Circuni-
Meeting,
if
the Nuniber
of
Coinmissioners present
at
such subsequent
hieeting be not greater than the Krimher present when sucli Resolution
was made
or
such Act
was
done,
or
if the Number of Coriimissioners
present
at
such subsequent Jleeting be greater than the Sumber
present at such former Rfecting, then by
a
Majority.
SLTII.
And
bc
it enactcd, 'I'llat it shall be lawful for the Commis-
Cornniis-
sioners to enter into Coiltracts with any Person
or
Persons for the
sion~rs
*11ay
Escwrtion of any
IVorks
dircctecl
or
authorized
by
this Act to be done
t,acts.
by the Coininissioiiers,
or
for furnishing Materials,
or
for any other
Matters or Things whatsoever necessary for the Purposes of this Act
;
and every such Contract slinll be in JYriting, and shall specify the
several
Works
to be done, and tlie Materids to be furnislicd, and the
f'rices to be paid for the
same,
and the Time
or
Times witliin which
the said Works are to be completed, and the Penalties to be suffered
in case
of
?;on-performance thereof, and
shall
be under the Common
Seal uf the Conimissioners, and shall also be cluly executed by the
Person
or
Persons
coiitracting to perform such Work
or
Works
respec-
tively; and such Contract shall be binding on the Commissioners, and
Acticiis and Suits may 'be maintained thereon, and Damages and
Costs
recovered by or against the Commissioners
in
their corporate Capacity,
or
tlie
other I'arties failing in the Execution thereof; and a
Copy
of
every
makc
Con-
588
Yo
VICTORILE,
every such Contract shall be entered in
a
Book
kept by the Clerk to
the Coinmissioners
for
that Purpose
:
Provided also, that before any
such Contract to the Aiiiount of Fifty
Pomids
or
npwards
shall be
entered into
Ten
Days
Sotice at the least sliall be @veil
by
public
Placard
or
in
some
One
of tlie Newspapers circulating within such
l’011-11
or District, expressing the Purpose of such Contract, in order
that any Person willing to undertalw
the
same iiiay make l’roposals
for that Purpose, to be offered to the said Conimissioriers
at
a
certain
Time and Place in such ?\rotice to be mentioned
;
and
the said Com-
missioners shall aiid they are hereby required to take Security for the
due and faithful Performance
of
such Contracts.
Notice
of
Purpose
of
Contracts
shall
hc
given.
HOW
Indict-
nxnts to
preferred.
BLIV.
And be
it
enacted, That
it
shall be Iarvfiil
for
the Commis-
sioners to prefer any Bill
of
Indictment
or
liiforrnation
or
take
any
other Proceeding against any l’erson
who
shall stcal, take,
or
carry
away,
wilfully ciefktce
or
injure, any Property, Article,
or
Thing be-
longing to the Commissioners;
and
in
every such Cxse it, shall be
sufficieiit to state generally the l’roperty, Article, or Thing in respect
of
which such Proceeding
shall
have been talxn to be the Yropertv of
the Coinniissioners
by
their corporate Same.
Tender of
Amenk
XLV. And with respect to Action.:
brought
in respect of
any
Proceeding
under
the l’rovisioiis
of‘
this Act, be
it
eiiacted, That if
before
ail
Action be brought
:iiiy
l’arty, ha~iii~ committecl any Irre-
gularity,
Trespass,
or
other wrongful l’roceeding in the I
of this Act,
or
by virtue of any Power
or
Authority by this Act
given, make sufficient Tender of Satisfaction, the Plaintift’ shall
not
recover in any Action brought
011
account of sucli Irregularity, ‘l’res-
pass,
or
other wrongful Proceeding
;
and
if
110
such Tender shall
have
been made
it
shall belan-ful for the Party offending, by Leave of the
Court where such Action shall be pending, at any Time before
Issue
joined, to pay into Court such
Sum
of Money
as
he shall think fit, and
thereupon sucli Proceeding shall be had
as
in other Cases where
Defendants are allowed to pay Money into C‘ourt.
Seriicc
of
Notice
On
Commis-
sioners.
XLTI.
And
be it enacted, That any Summons, Kotice,
or
Writ,
or
ot1ic.r Proceeding
at
La\\.
or
ill Equity, required to be serred upon the
Commissioners, may lawfully be served by delivering the sanie per-
sonally to the Clerk of the Commissioners,
or
by
leaving the same at
the Office of the Coinniissioners.
Authenticn-
tion
Of
No-
tices.
XLT’IT. 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 One Commissioner
or
by the Clerk
of
the Commissioners, and need not be sealed by
the
Coinmon Seal.
Praceedil1~s
XLT‘III. And be it enacted, That the Commissioners shall
cause
Notes, Minutes,
or
Copies,
as
the Case may require, of all Appoint-
to
be
en-
tered
io
a
B~~!~,
aIl(i ments made
or
Contracts entered into
by
them, and of the Orders and
mlien
signed Proceedings at all Meetings
of
the Commissioners
and
of
the Coni-
to
Open
mittees,
to
be
duly entered in Books
to
be from
Time
to Time pro-
vided
589
vided
for
the Purpose, which shall be kept under the Superintendence
for
~nspec-
of
the Commissioners; and every such Entry shall be signed
by
the
tion, and
to
Chairman
of
such Meeting
;
and such Entry,
so
signed, shall be re-
F:
ceived as Evidence in all Courts, and before
all
Judges, Justices, and
others, without Proof
of
such
respective Meetings having been duly
convened
or
held, or
of
the Persons making or enteriiig
such
Orders
or
Proceedings being Commissioners
or
Nenibers
of
Comniittee re-
spectively, or of the Signature of the Chairman,
or
of the Fact
of
his
having been Cllairinan,
all
of which last-mentioned Matters sliall
be
presumed iiiitil the contrary is proved
;
and all such
I3ooks
sliall
at
all
reasonable Times
be
open to the Inspection of the Commissioners
and
of
any Mortgagees of the Rates
or
other I’ropertj- of the C’oiii-
missioners.
XLIS.
And be it enacted, That I~scci~tions
and
Pendties i~pon
Executions
every Jidgment
or
Decree, Orcler
or
Conviction, against the Comniis-
~‘~’?~~,~~m~
sioners, in any Action
or
otlier I’rocccding, s11:rll be executed against
slla~l
be
on
the
Goods
and Chattels belonging to the Commissioners by virtue
of
Goods
be-
their Office, 2nd
slid1
not
in any JIanner csteiid
to
charge the
I’crsons
longing
to
of
any
of
the Commissioners,
or
their
or
any
of their
Heirs,
Executors,
~~~~~~~i~-
or
Administrators,
or
tlicir
or
any
of
their own proper
Lands,
Goods,
Ofice.
or
Effects.
L. And be it fiirtlici. ciiactcd, ‘I’hat
all
and
everj-
the Corninis-
Indemnity
to
sioners for esecnting this ,Ict shall from Tinie to Tiiiic and
at
all
Conmission-
ers
when
Times hereafter be fiilly intleiiinificd, froiii
and
out of the Monies to be
acting
in
raised ulicler
and
by
virtue of this Act, of
ancl
from a11 Costs, C’liargcls,
executioii
of
Damages,
ancl
1Sxpciices which
they
or
aiiy
of
tliem
sliall
or inay sus- tliis
rlct.
tain
or
be
put iuito
for
or
by reason
of
aiij-
Action, Suit,
or
I’roceecl-
ings wliicli iiiay
be
Iiad,
sitd,
coni~riu~icccX,
or
1)rosccutcd ngain.;t tlicm,
or
any or eithcr of thcin,
for
:~iij-
Jlattcr
or
Thing which n1ay
I)c
1))-
theni legally
done
in or about tlie Esecutioii of this Act, :ind tlic Truqt.:
reposed in theni under the
same.
LI.
And
be
it enacted, That the Comnii rsioners: sEiall from Time to
Commission-
Time appoint and
employ
a
Trcasitrer,
a
Clerk
or
Clerks,
a
Collector
ers
to
np-
or
Collectoi-s
of
tlic 1:ates
or
Assessrncmts herein-after nieiitio~iecl, ancl
ancl
of any other
Illol1ies
to
be
piid
uncler
or
l~y
virtue
of
this Act, and a11
Officers.
such “other OHiccrs :tiid l’crso~~s to :isbiqt in the I
of
this Sct
as
the Coiniiiisqioners
slid1
tliinli
iicce>sq-
ant1
proper,
a~id
riiaj.
f1.oi-n
‘rime to Tinic remove
snvh
l‘rcasnrer,
Clerks, Collectors, :il>cI otlier
Officers and
Persoiis,
and
appoint others
in
tlic Room of such
as
sliall
be
so
removed,
or
as
iiia~ die, rcsign,
or
diicoiitinuc their
Office
and
out of the Monies to
be
;.aieecl
for tlie l’urposes
of
this
Act
shall pay
such Salaries,
Wages,
and illlo~vances, to tlic
raid
Officcrs
ancl
I’cwons
respectively
as
the Commissioners shall tliiiik reasonable.
point
Clerk
LIT.
And
be
it cii:wtccl,
That
neither tlie Person who slid1 hold the Offices
of
Office of
Clerk,
nor
the I’artncr of
such
Clerk,
nor
any Person in the
and
Treasurer
Service or Ihploy
of
such Clerk
or of
his Partner, shall be eligible
not
to
be
to be Treasurer
;
and that neither the Person
mho
shall
be
the Trea-
held
by
the
surer, nor the Partner
of
such
Treasurer,
nor any Person in the
sanleperson.
Service
or
Employ
of
such Treasurer
or
of his Yartncr, shall be
[Lo
ca
T.
]
7
a
eligible
590
9”
VICTOKIlE,
eligible
to
be tlie Clerk
;
and
it’ :my Person offend in any of the follom-
iiig
Cases lie sliall forfeit One hundred Pounds
;
(tliat is to say,)
if‘
my
Pcrsoii accept
both
the Office of Clerk and ‘l’reasurer
:
If
my
l’ersoii,
being tlie Clerk,
or
the Partner
of
such Clerk, or in
the Service
or
Einploy of such Clerk or of his Partner, accept
the Office of Treasurer,
or
ibct
as
Deputy of the Treasurer, or in
any JIanner officiate for the Treasurer
:
If any Person being the Treasurer, or the Partner of such Treasurer,
or
in the Service
or
Eniplog 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 sucli Clerk:
If aiiy such Clerk or Treasurer slinll
liolcl
any Place of Profit
or
Truit
under tlie said Coiiiinissioiiers other th:m thxt of Clerk
or
Trcnsurer, as the Case
may
be
:
And
any Person
may
sue for such Penalty either by Action of Debt
or on
tlie
Case in my of Her Majesty’s Superior Courts of Record, and
shall
on
Recovery thereof be eiititled to full
Costs
of Suit.
Ofher
tak-
LIII.
Ailcl be it enacted, ‘I’hat if any sucli ‘Treasurer, Collector, or
other Officer em1)loyecl by the Coiniiiissioners
sliall
exact, take,
or
ing
Fees,
or
concerned in
Contracts,
to
accept, on account
of’
any thing
clone
by virtue of his Office,
or
in
lose
his
01:
relatioil to tlic 1~uiictio1i.i of thc1 Coiiiiiiissioiier‘s,
:lily
Fcv
or
lieward
fi~
antl
fw
whatsoever, otlier tli;~ii tlic
SaIwy,
Ilew:wcls,
01’
AIIowaiices
:illowecl
or
feit
sanctioiied by the (‘oiiiinissioiiers,
01-
be
iii :iiiywise coiiceriied
or
inter-
ested in aiiy Bargain or Contract iiiade by tlie Commissioners, lie shall
be
incapable
of
being afterwards employed by the Coniiiiissioners, and
he shall forfeit Fifty
I’oiiiids
;
aid
any
l’erson
iiiay sue for such
Penalty either
by
Action of Ikbt
or
on the
Case
ill
my
of‘
Her
3Ia-
jesty
’s
Superior Courts of
llecord,
aiid shall
on
liecov&y thereof‘ be
eiititled to full Costs of Suit.
Security
to LIV. hiid be
it
enacted, Thut before any I’erson intrusted with
be
the Custody and Control
of’
Monies, whether Treasurer, Collector, or
froii;
all
Of-
ficers
in-
other
Olficer
of
tlic Comiiiissioners, shall enter upon
liis
Office, the
trusted
wit11
Coiiiinissioiiers shall take sufficiciit Security froin liiiii for tlie faithful
3foiiey. Execution of liis Office.
Officers
to
count.
LY.
Aid
be it enacted, That every Officer appointed
or
einployed
by the Coiiiiiiissioiiers bj7 virtue of this Act, sliall,
from
‘Lime to Time
when yequirecl by the Coniiiiissioners, riiakc out and deliver to them,
or
to any Person appointed by them for that l’urpose,
a
true and
perfect Account in Iliriting uiicler his Hand of
all
Xunies received by
hiin on behalf of the Coininissioners
;
and such Accouiit shall
state
how, and to,
whom,
and for what Purpose, such Monies have been dis-
posed of;
aiid,
together with such Account such Officer shall deliver
the Vouchers and Receipts for such l’aymeiits
;
and every such Officer
shall pay to the Commissioners, or
to
any Person a1q)ointed by thein
to receive the
same,
all Monies which shall appear
to
be owing from
him upon the Balance of such Accounts.
~rocee(~ings
LVI.
And
be
it
enacted, That if any such Officer fail to render such
against Par-
Account,
or
to produce and deliver up
all
the Vouchers and lteceipts
ties
failing
to
relating to the same in
his
Possession
or
Power,
or
to
pay
the Balance
thereof,
account.
9”
VICTORLE,
591
thereof, when thereunto required,
or
if
for
Five
Days
after being
thereunto required he fail to deliver
u1)
to the Commissioners,
or
to
any
Person
appoiiitecl
by
thcm to receive the same,
all
Papers ancl
Writings, Property, Effects, Xxtters, arid Things, in his Possession
or
Power, relating to the Execution of this ,\ct, or belonging to the
Commissioners, tlien, on Coinplaint thereof heing
ni:tde
to
a
Justice,
such
Justice shall
siiiiinio1is
siicli
Officer
to appear before Two
or
more Justices,
at
n
‘I’iinc
anti
Place to be act forth in such Summons,
to answer
such
Charge
;
and
iipon the ,4ppeuraiice
of
such Officer,
or
upon Proof that
such
Summons
wm
personally served upon hiin,
or
left at
liis
1:tst lino\vn Place
of
Abode,
Such Justices
may
hear ancl
determilie tlie Matter iii
a
siuniiiary
IYay,
:!nd
iiiay adjust
:incl
declare
the
I3alancc
o~viiig
1))
sucli
Olticer
;
mid if it aplxar, either
upo:i
Confession of such
~iticcr,
or
ulmi I‘vidence,
or
upon Inspection
of
the Account, that :my JIoiiies
of
tlie Coinmissioners are
in
the Hand.;
of such
Ofticer,
or
owing
bj-
him
io
the Conimissioner~, such ?Tustices:
inay
orcler
such
C)fficcr
to
p~-
tlie smile
;
aiicl
if he fail to pay the
Amount it shall be lawful for siicli Justiccs
to
grant
a
Jl’arrant
to
levy
the
saiii~
1)y
l)i*trwS,
or,
iii
tlefmlt thewof, to coiiiinit tlic Offender
to Gaol, there to i*eiiiain without
lhil
for
:L
Period not exceeding
Thee Moiiths,
uiiless
the
same
be
sooner
paid.
LT’IT.
Provided
al~v~iys,
:liid
bc
it
enacted, That if any Commissioner
WlIcre
0%-
or
other l’ersoii actiiig on belialf
ot’
tlic. C‘oiimiissioners s1i:dl inake
ccr
about
to
Oath that lie
has
good Reasoil
to
believe, upon
(;rounds
to
be
stated
abscond,
in
his I)eposition,
and
does
believc, that
it
is tlie iiitcntioii
of
any
+uch
nl:,y
Oficer
as
aforesaid
to
abscoiid,
it
did1
be
lt~wf~d
for
the
cJTusticc
issued
in
the
before
wlioni
tlic Coiii1)laiiit is
iiiadc,
instead of issuiiig his Suininonsi
fil
st
in-
to issue his \\-:ii-rant
for
hinging
sucli
Olticer
before siich Two Justices
staoce*
as
aforesaid
;
but
110
I’ersoii
executing sucli Tarrant shall keep
such
Officer in Custody longer than Twenty-four Hours without bringing
liiin
before some Justice
;
aiid
it
sliull
be lawful for the Justice before
whom
such
Officer iiiay
be
brought, either to discliargc Such Officer,
if
lie think there is
110
sufticieiit Ground for liis Detention,
or
to
order sucli Officer to be detained in Custody
so
as
to be brought
before Two Justiches at
:L
Time aiicl 1’l:ice to
be
named in such Order,
unless
such
Officer
give Ilail to the Satisfaction of such Justice for
his -4ppearaiice before
sucli
Justices to :iiiswer the Complaint of the
Commissioners.
Wnrra~lt
LJ‘IIL.
Aiid
he it cwictccl, That no such Proceeding against
or
Deal-
Proceedings
ing with any
such
C)fficer
as aforcuaid shall deprive the Cominissioners
against
Offi-
of any Kemecly
which
they might otlierwise
have
against
any
Surety
disc,,arge
of
such
Officer.
Sureties.
cers
not
to
LIX.
And be
it
enacted, That it shall be lawful for the Coinmis-
Commisaion-
sioners from
Tiine
to Time to
make
such Bye
IIaws
for regulating the
US
make
Bye
carrying on
of
their Business and tlie Ilusiiiess of their Conimittees,
Laws,
to
arro-
and
for the Gorerrimeiit
of
the
OfEccrs,
Servants, or other Persons in
vern
them-
their Employ,
as
they shall think fit, and to repeal
or
alter any such
selves
and
Bye Laws
as
they shall think
fit,
so
that
no
such
Bye
Law
be
con-
their
Set--
trary to the
Laws
of‘
E+md
or
the l’rovisions
of
this Act, and
so
:ts
the
vants.
593
-4
ccn
u
I
I
ts
to
be
kept
of
Ileceipts
and
Dis-
bu
rse
in
en
t
6,
which shall
be
open
for
111
spec
ti
on.
Penalty
on
refti:.ing
11:-
spectioil,
&c.
A
cc
o
11
n
t
s
to
be
sei
tleil
and
em-
mined
at
tlie
annual
3leeting.
the smie be reduced into Writing, with the
Coiiimoii
Sed
of
tlie
Com-
missioners affixed thereto.
LX.
And bc it enacted, That the Comniissioncrs shall cause
lZooks
to be provided
and
kept. and true
and
rcgnlar
Accounts to
be
entered
therein
of
all
Sunis
of
Noncy received and paid
for
:md
on
account
of
this Xct, and
of
the scwral I'urposcs
for
whicli such
Suins
of Jloney
shall
liave
1,een
received
and
picl
;
which
Hooks
shall at
:~ll
season-
able Titnec,
be
open
to
tlie Inspection of the said Commissioners,
and
any Mortgagee
or
othcr
Cwdi
tor of
tlic
("oiiiinissioiiers, without
Fee
or
lteward
;
and tlie Coiiiinissioiiers
:iiicl
Persoiis
aforesaid,
or
:iny
of
thein,
inay
take Copies
of
or
Extracts
from
thc said ISooks,
withont paying
my
tliin;
for
the
same
;
and
arty
(krk
or
other
I'cmon
having the
Custotlp
of the s:iid
1Sool;s
who
sliall iiot on
any
rca5onable
1)emmid
perinit
any
of
the Coniinissioners, illort-
pgw.;,
or
Creditors
as
af'orewitl
to
inspect
tlic said 13ool;s,
or
to
take such Copies
or
Extract.;
as
aforc-:iitl.
slxill forfeit
:uicl
pay
fur
every
siicli
Oii'cnce
;L
Sum iiot excec(1iiig
Fiw
l'ouiicls.
S
t
:I
t
eiii
e
11
t
to
I,c
prc-
and
to
be
open
for
'l1spc.c-
t
io
11.
LSTT.
l'roviclecl
dwaj
4,
:nit1
lx>
it
cn:lctccl,
Y'lint
'l'c.11
Ih3
b
;it tlic
least
1)rcvionsly to sucli Es:iniinatioii
:illcl
Sc.ttlc~icnt
:IS
:Lfoi.csnitl
tlie
Corninicsionc1rs
c:i~*e
:I
fdl :ind trtlc St:Itciiiclit ;it
id
Account to
be dr;in-n
out
of
a11
1::itcs
or
Asscssniciits
nintlc,
ancl
of
all Contract.;
entered into,
anci
of
all
JIonic.;
received
ancl
espen~~cci
by
yirtue
of
this Act durinfr the preceding
Yc:lr,
and
:~lso
of
all
Debts tlicii owing
by
tile
Comniissionerq, and they slid1 allow
such
Statenicnt
aiid
Account to reinnin
for
Iiislmtion
at
tIie (Mice
of
tIie C'ortiniisiioners
;
and
erery
Creditor
on
the Rates
atid
Asscssnlents
by
tliis
,2ct
autho-
rized to i)e niade, and
every
Person
pijiiig
any
siicl;
Iiatc
or
-\ssess-
nient,
or
any
Person
acting
on
hchalf'
of
any
such Crcditor or Jlate-
payer,
inny
at all re2sonal)le Tiities inslmt siicli Staternciit
aiicl
Account
;
and the said Statement
and
Account sliall be printed,
aiitl
the
Clerk
shall,
011
demand,
funiish
a
printed Cq)p thereof' to every
such Creditor
aiid Rate-payer,
withoi:t
Fee,
or
(~vhere the Accounts
arc
c,f
.iccoullte
9”
VICTORIE,
cup.
xsx.
593
are not to be printed) the Clerk shall, on demand, furnish a Copy of
such Statement and Account,
01’
any Part thereof, to any such
Creditor
or
Rate-payer, upon being .paid at the Rate of Sixpence
for
every One hundred
\Voids,
and
so
in proportion
for
a
less Kumber of
Wods
;
and Fourteen Days at the least previously to the Meeting for
examining and settling such Accounts the Comx&ssioners shall give
public Notice of such intended Rleeting, stating in such Kotice that
the said Statement and Account are at the Office
of
the Commissioners
ready for the Inspection of the Creditors or Rate-payers
or
other Parties
interested.
LXII.
And be it enacted, That
at
the Meetin6
so
to be held for
Auditors
examining and passing the Accounts of the Commissioners
it
shall be
nl?~’
be;^
lawful for the Rate-payers,
or
other Persons
by
this Act authorized to
pointed.
appoint the Commissioners, to nominate, if they think fit so to do,
Two or more Persons, not being Commissioners, to be Auditors of the
Accounts of the Commissioners
;
nncl the Persons
so
to
be nominated
Auditors shall have the like Qualification
and
shall be subject to the
like Disqualification
or
Disability as the Commissioners, and before
entering on their Office they shall
make
and sign before One
of
Her
Majesty’s Justices of the Peace
a
solemn Declaration of the like
Purport and Effect to that hereby required to be made and signed by
the Commissioners, substituting therein the Word
“
Auditor
”
for the
Word
“
Commissioner.”
1,XIII.
Ancl
he
it enacted, That the ,4uditors
so
nominated
-4uditors
to
shall meet forthwith,
or
as
soon after their -1ppointinent
as
con-
iiisPect
*c-
counts,
ancl
veniently may be, at the Office of the Commissioners, or at some
to
lr
other convenient Place to be appointed by the Commissioners, and
tliey
tliink
fit.
from Time to Time
shall,
in
the
Presence of the Clerk to the Corn-
missioners,
in
case he should desire to be present, to audit the
Accounts of the Commissioners for the Year preceding the Ap-
pointment of such Auditors
;
and the Commissioners shall
by
their
Clerk produce and lay before such Auditors
at
every such Meeting
the Statement and Account herein-before mentioned, accompanied
with proper Vouchers
in
support
of
the same, and all Books, Papers,
and Writinp in their Cnstodv
or
Power
relating thereto
;
and if such
A4uditors tIiinIi there is just ‘Cause to disapprove
of
any Part of the
said Accounts
it
shall be lawful for such Auditors, or any other
Person interested in the said Accounts, to appeal against any such
Part of the said Accounts as shall be
so
disapproved of
to
One of the
Two next General Quarter Sessions of the Peace for the County of‘
Lancaster,
Notice in Writing of such Appeal being given to
the
Clerk
of the Commissioners Fourteen Days at the least prior to the hearing
of such Appeal, stating the Grounds of such Appeal.
LXIV.
And be it enacted, That the Commissioners shall every
Annual
iic-
Year cause
an
annual 14ccomit in Abstract,
to
be prepared, showing
coullt
to
be
transini ttetl
the total Receipt and Expenditure of all Funds levied by virtue of
to
this Act for the Year ending on the Thirty-first
Day
of
December
or
of
tile
Peace.
some other convenient,
Day
111
each Year, under the several distinct
Heads
of Receipt and Expenditure, with
a
Statement of the Balance
of
such Account, duly audited and certified
by
the
Clerk for the Time
[Local.]
7L
being
594
9’
VICTORIZ,
Cup.
xxx.
being of the Cominissioners,
and
shall transmit
a
Copy of the said
Account, free of Charge, to the Clerk of tlie Peace for the County
of
Lni2ccister,
on
or
before the Thirty-first
Day
of
Jaway
then next,
which Account sIia11
be
open to the Inspection of tlie Public
at
all
seasonable Hours,
on
l’ayment of the Sum of Oiie Shilling for every
such Inspection
:
Provided always, that if the Corninissioners shall
omit to prepare and transmit such Account as aforesaid they shall
forfeit for every such Oinission the Sum of Twenty Pounds.
Limits
of
Act
for
the
Purposes
thereof.
LXV.
And be it enacted, ‘That this ?Lct
shall
be put in force for
all
tlie Purposes thereof within the following Limits, and which Limits
shall be deenied to describe ancl constitute
“
the
Town
of’
Soiitlyoi’t;’’
(tliat is to
say,)
within tlie Part or several l’nrts
of‘
the sitid Township
of
North
Meals
which is
or
are
bounded in manner and is
or
are
within
tlic
Ihiits following; (that is to say,) bounded
on
the North-
eastcdy Side thereof
by
a
Line drawn from the South-easterly
Side
of
Row
Lam
within
i\Toi*fJL
Jleols
aforesaid,
;i~icl
thence along
tt
Fence
on
the North-easterly Side
of‘
Bowl’s
Tericineiit in
iliorth
ilIeoZs
afore-
said ~vliicli separates the Lands respectively
nuiiiberecl
3218, 3222,
3223,
3224,
3223
in the ‘Tithe Coiiiinutatioii
Plan
of the
said
Townsliip of’
llTo/it/h
Xcds,
l’art of the same Teiiernent, from
the
Lands
respectively nuinbcred
321
9,
3220, 3221,
3228,
32%6
in the said Tithe
Coinmutation Plan, Part of
a
Farni
and Lands in the Occupation
of
Richnid
IMZ,
ancl
from tlie
Eiicl
of‘
such Felice
by
a
Line drawn
therefrom to tlic
Sea
Shore pardlel with ancl equidistant throughout
from the Sorth-easterly Rouiidary of the illlotiiient of
Smcl
IIJls,
nnmbercd
3356
in the said Tithe Commutation l’lan
;
and bounded
upon and along the Sorth-westerly Side thereof from tlie Elid
of
the
said Line forniing the North-easterly Boundary to tlie Boundary
betmecii tlic Tomiiships of
1Vorth
Ilfeols
and
Biikclnle,
by and including
the
Sea
Shore
;
:uid
l~ounded
upon
and along the South-westerly Side
thereof’
from
the
Sen
Shore
to
the
Fence
sep:ir:Lting the Fields
re-
spectiwly
niunlieretl
3246
and
3328
(a)
iii the said Tithe Commutation
Plan
by
the
‘I?owiiqliip of
Bit4tlale
;
and bounded
on
tlie South-easterly
Side thereof
from
the Eounclary between the ‘I‘omnsliips of
iVoh
Xeols
and
Birkd(t1c
to
a
1:ranch
of the Stream
called
the
i\Ye
by
the said
last-mentioiled
Felice,
and
by
a
Continuation of the
same
Fcncc
dividing the
Closes
numbered
3327
and
3327
(a)
in
the said Tithe
Cornmutation Man fi*oni another Close
nunibered
iii
the
said
Plan
3328,
and from thence to
I!mtbnnX:
Lnize
by
a
Line
drawn
aloiig the
South-easterly Bank of ancl
so as
to include the whole of‘ the Stream
called the
~Vde
between those Points
;
and froin theiice
to
the Coni-
mencement
of
the s:iid Liiie forming the Sorth-eastern Bounclaiy by
a
Line drawn
across
EastOtciiX:
Lane
1ine:ible with
ancl
running along the
Fence,
ancl
on
the South-easterly Side of and
so
as to include the whole
of
IT(ltcessit?e
Lune
ancl
Ro~c
Lm2e
as
far
;is
the said Line forming the
North-eastern Boundary
;
the whole
01’
which said 1)istrict and Places
within the said 13oundaries
or
Limits
are
situate in the Township and
Pai*isli
of
,lrwth
Xd.~
in the County of
Lmzccrster,
and Boundaries
or
Limits
are
inore
particularly delineated
by
an
external
Boundary
Line
coloured l:lack,
on
a
Xlap
or
Plan
signed
bv
Joh~
TVilsoi2
RLtten
Esquire, and deposited with the Clerk of thc‘ Peace of the County
Palatine
of
Lmcnster.
1,XTI.
And
9"
VICTORTIE,
Cap.
xxx.
595
LSVI.
And be
it
enacted, That this Act shall extend to and in-
Limits
of
clude and shall
be
put in force for Paving and Highway Purposes,
;::?Eand
and for the several Objects, Intents,
ancl
Purposes for
or
towards
Highway
which the Rate for Paving and Highway Purposes is applicable, and
Purposes
for such Ends, Intents, and Purposes oiily, within the following
only.
Limits; (that is to
sa
within the l'art
or
several I'arts of the
the Manner and is
or
are within the Limits following; (that is
to say,) bounded on the North-westerly Side thereof from the
Boundary of the Township of
Birkrlale
by the Line coloured Black,
forming the South-easterly Boundary of' the aforesaid Limits of the
Town of
Xouth1)ort,
so
far
as
such Lirie extends, and
from
thence,
after crossing to the Sorth-westerly Sick of
Box
Lane
aforesaid,
bounded by
a
Line drawn along the Fence on the North-westerly Side,
and including the whole
of
Roto
Lune
as
far
as
a
Line drawn across
Bow
Lane
lineable with
a
Cop or Fence on the Korth-easterly Side
of
the Highway called the
Or71~skirk
Road
or
iWeoZs
Cop
;
and bounded
on the North-easterly Side
by
a
Liiic drawn from the North-westerly
Side
of
Row
Lane
lineable with and along the Fence on the North-
easterly Side of and
so
as
to include the whole of the said Highway
called the
Ornzskirk
Road
or
Zeols
Cop
from
Row
Lane
to
the
Boundary of the Township of
iScar*is6~~icX.;
and bounded thence by
a
Line clrawn across the said Highway
aloiig
the
Xcnrisbrich.
Boundary
to the South-westerly Fence
of
such Highway, and thence by
a
Line
running towards thc Xorth-west along the Fericc on the South-
westerly Side of and
so
as
to include the whole of the said Highway
from the
Scarisbrick.
13ound:wy to
ilsh
Lune
in
Xorth
iUeols
aforesaid
;
and bounded on Part
of
the South-easterly Side by
a
Line drawn
along the South-easterly Fence of and including the whole
of
Ash
Lane
from
the South-westerly Side
of
the
Orniskirk
Road
or
iMeols
Cop
to
the South-westerly Side of Trup
Lane
in
ATorih
illeols
aforesaid
;
and
bouiided from thence to
St~iittermy
Lane
on
Part of the South-westerly
Side
by
a
Line drawn along the South-westerly Fence of and
so
as
to
include the whole of
Trap
Lane
and
Black
Horse Lane
between those
Points
;
and bounded froin thence on other Part of the South-easterly
Side thereof, from the South-westerly Side
of
Black
Horse
Lane
to the
Boundary between the Township of
iIr0rth
rWeoZs
and
Birkclale,
by a
Line
drawn
along
the Fclnce on
tlic
South-easterly Side of ancl in-
cluding the whole of
S'mittei*ing
Lme
within the said Township
of
iXoi*tJi
illeols
;
and bounded from thence
on
other Part of the South-
westerly Side from the South-easterly Side of Smitteiing
Lane
to
the
said Fence separating the said Fields respectively nuinbered
3246
aiid
3338
(a)
in the said Tithe C'ominntation Plan by the Township of
Birkdale
;
the whole of which said District witliin the said last-men-
tioned Limits is situate within the Township aid I'arisli
of
XortJA
Meols
aforesaid, and the Liniits
or
Boundaries thereof are more par-
ticularly delineatecl by an external Eounclary Line coloured llecl on
the said Map
or
Plan
deposited with the Clerk of the Peace of the
County Palatine of
Lnnccistc~
;
ancl
that
such
Mstrict, together with
the District of which the Limits
or
Boundaries are delineatecl by the
external Boundary Line colourcd
Mack
in the said
Map
or
Plan, shall
constitute the District within the Limits
of
this Act.
LST'II.
And
Township of
Korth
J
p,'
eols
aforesaid which is or are bounded in
596
Yo
VICTORIA3,
Cup.
xxx.
Deposited
LXVII.
And be
it
enacted, That the said Map or Plan
so
deposited
with the Clerk of the Peace of the County Palatine
of
Lancaster
may
Plan,
or
cer-
tified
copies,
to
be
be inspected
at
a11 reasonable Times, and such
Jlap
or Plan, or any Copy
Evidence.
thereof or of any
Part
thereof, certified by the Clerk of the Peace
for
the Time being of the said County to be atrue Copy, shall be admitted
in Evidence in all Courts of
Law
or
Equity, and in all other legal Pro-
Certified
ceedings and Investigations
;
and
a
Copy of such Jlap or Plan, certified
Copy to
be
as
aforesaid, shall be
at
all
Times hung up in the Office
of
the Clerk to
UP
the Commissioners, or in such other public Office
01-
Place within
South-
at
Pub’ic
Southport, Office
port
as
the Commissioners shall from Time to Time appoint, and
may
and
open
to
be inspected at
all
reasonable Times by any Rate-payer or other Person
Inspection.
interested.
Comniis-
sioners
inay
erect Bound
Stones, kc.
LXVIII.
And be it enacted, That the Commissioners iiiay from
Time to Time erect Bound Stones or Posts for the better asccrtain-
ing and preserving the Limits
of
the said
Town
within the external
Boundary Line coloured Black on the said
llal)
or Plan, and also
for
ascertaining the Limits of tlie said District within the external
Boundary Line coloured Red on the said Map or Plan, made subject to
the Operation
of
tliis Act
so
far
as
relates to Paving and Highway
Purposes, and to Contribution to the llates
for
Paving and Highway
Purposes.
Commis-
LXIX.
And be
it
enacted, That the Commissioners shall be and
sioners to
be
they are hereby declared to be the Surveyors of all Highways within
and throughout the Limits
of
this Act, for Paving and Highway l’ur-
Surveyors
of
Highways.
poses, and shall have and they are hereby iiircsted with all such
Powers and Authorities
as
any Surveyors of Higliways in that Part
of
the United Kingdom called
E?2gZand
are or shall be invested with
by
virtue
of
the
Laws
now or hereafter to be in force,
ancl
shall
also
be subject to all the Liabilities to which Surveyors are now by
Law
subject or
may
hereafter beconie subject; aiid that the Limits of this
Act for Paving
and
Highway Purposes shall extend to and include
the whole
of
the Two several Districts herein-before described, and
respectively delineated
by
and lying within the exterrial Eoundary
Lines respectively coloured Hack
and
lied in the said
JIap
or
Plan
deposited with the Clerk
of
the Peace of tlie County Palatine
of
Lamuster.
Power
f-or
LXX.
And be it enacted, That it shall be lawful for the Commis-
the
Commis-
sioners from Time to Time to cause all or any of the Streets or High-
sioners
to
ways
within the Limits
of
this Act for Paving and Highway Purposes,
pave
Streets.
or any
Part
thereof respectively, to be formed, paved, flagged,
mac-
adamized, or otherwise repaired and upheld,
aid
the Ground
or
Soil
thereof to be raised, lowered, or altered, in such Blaiiner and with
such Materials as they shall think proper, and also to pave,
or
make
with such llaterials
as
they shall think
fit,
any Causeways, Pavements,
or
Footwqs for the Use
ot
Passengers in or on the Sides of any such
Street or Highway within
Soutliport
:uid other the Limits made
subject to the Provisions
of
this Act for I’aving
and
Highway Pur-
poses, and to came such Streets, Causeways, aiid Footways to
be
rcpaired from Time to Time
a5
inay
be required.
LXXT.
And
LXXI.
And
be it enacted, That the Owner
or
Occupier
of
any
Owner or
House
or
Building :iIready erected, or
of'
any
1~1~1
which shall have
Occupier
to
pave
Foot-
been sold or demised by the 1,ords
of
the
hhor
of
iVorth
Meols,
or
ways
ifre-
any
or
either
of
them, abutting upon any Street within the Limits of
quired
by
this *4ct for Paving ancl Highway l'urposes, shall, if required by the
Commis-
Commissioners, pay One Half
of
thc Expence of flagging,. paving,
or
sioners.
forming with Stones or such Materials
as
the Commissioners shall
prescribe,
upon
the
Sides of such Street for the whole 1,cngth
of
such
House
or
13uilcling
and
the I'rciiiiscs occupied tli~~rc~vith,
a
Causeway
or
Footway for the
Use
of
Foot l'assengers to
a
l>cpth not exceeding
Six
Feet.
LXXII.
And be it enacted, That wlienevcr after the passing of
Owners
of
this Act any House
or
other Ishall
be
erected or built or
2:':","hbeefe-
finished in
,ihuthport
which shall front or adjoin,
01'
the Ground or
built topave
other Premises appertaining whereto shall front or adjoin, to any
Footpath
in
Street in
Southport,
whether
a
public Street or not, and whether the
front,
or
l'ay
Half the
Ex-
same be reptired or repairable by the Commissioners
or
not, then
pence
of
and
in every such
Case
the Owner thereof shall and he is hereby
flagging,
required, before the Expiration of One Month from the 'Time at which
any such Housc
or
other Building shall be occiipied,
me11
and effec-
tually to pave the Footpath on the Side of such Street nearest to his
Premises
so
611-
as
such Footpath shall be CO-extensive wit11 his House
or
other Building, and the Idand
and
other Premises appertaining
thereto, unless the Commissioiiers shall elect to cause such Footpath
to
be flagged, in which
Case
it shall be lawful for the Commissioners
to
cause the same to be flagFecl;
and
every such Owner shall,
on
demand, pay to the C'ominissioners
One
I-Ialf of the Costs, Charges,
and Expences
of
flagging such Footp:ith for siich 1Ereadth
as
the
Commissioners shall think
fit
:
Proviclecl nevertheless, that no such
Owner shall be called
upon
or
required to pay
Oiie
Half of such Costs,
Charges, and Expences for the flagging
of
a
greater Breadth of any
such Footpath than Six Feet.
LXXITI.
And
be it enacted, That all Causeways
or
Footways
Footways
to
Commis-
within the Limits
of
this Act fbr Paving and Ilighway Purposes,
be
kept
in
repair
by
whether macle
by
the Coin~nissioners or otherwise, which the C'om-
missioners shall deem ncceswry to
be
kept
up,
sliall
be
kept in repair
sioners.
by the Conimissionc~rs.
LSSIV.
And
be it cnactcd, That it shall
he
lawful for the Coin-
Commis-
missioners froin Time to Timc to placc such
Fciices
and
Posts
on
sioners
lnay
place Fences
the Side of any Footways or Carriagemaj-s within the Limits
of'
tliiy
to
Foot,rays,
Act for Paving and Highway l'urpcs
as
niay protect
such
Foot-
ways from :my Carringe or Aitiiinals
goiii
on thc same, mid
also
to
place any
Posts
in any Carriageways,
so
as
to
make
the Crossings
thereof less dangerons for loot Pawngers,
ancl
also from Tiine to
Time to repair any such Fences
or
Posts,
or
to remove the same
or
any
other Obstructions to any Carriageway
or
Footway witliin the Limits
of this Act for Paving
and
Ilichway
Sd
l'urposes,
as
they sliall think fit.
LXSV.
And be
it
enacted. That if anv Street alreadv made
or
Future
hereafter to be inade mithiii the Limits of tks Act for l'aviiyg or High-
Streets
ln~
be
declared
ghwnys.
[Local.]
7
11
way
Hi
598
9”
VICTORIA,
Ccy.
xxx.
way Purposes, not being
a
public Highway, the Carriageway of which
has been or
shall
at any Time hereafter be pared or put into good
Order to the Satisfaction of tlie Commissioners, then, on the Applica-
tion of the major Part in Value of the Owners of Houses and Land in
the said Street,
it
shall be lawful for the Cornmissioiiers, by Writing
under their Cornrrion Seal,
to
declare the same to be
a
public Highway,
and after such Declaration the same shall be
a
public Highway, and
shall be for ever repaired by the Commissioiiers.
Commis-
LSSVI.
And be
it
enacted, That if any Street already made or
aioners, upon
hereafter to be made, not being
a
public Highway, shall hereafter to
Cornpiction
the Exteiit of
Two
Third Parts thereof he
macle,
paved, or put,
in
good
Order to the Satisfaction of tlie Coinmissioncrs,
then,
on the Applica-
of
Two
l’hirdsofany
Street, mar,
tion of the Owner of the Lands abutting
on
such
Parts
of the said
upon
Appli-
Street
:is
shall have been
so
made, pavecl, or put in good Order as
cation,
re-
aforesd, it sliall be lawful for the Cominissioners, by \\’riting under
their Hands or the Hnrids of any
‘l’hree
of tliein, to require the Owner
quire re-
maining One
Third
to
be
of tlie
Houses
or Buildings or of the Lands which shall have been
coqleted.
sold or demised by the Lords of the Manor
of
Nwth
Xeols,
or
any
or
either of them, abutting on the Keinainder of the said Street, to inake,
pave,
01’
put
in
good
Order, to the SatisfkLction of the Commissioners,
such Remainder of tlie said Street, or such l’ortion
or
Portions thereof
as
shall be in front of such last-inentioiiecl IIoiises, Builclings, and
Lands, and to prescribe
a
reasonable Time
for
so
doing
;
and if such
Keinainder of tlie said Street, or any such Portion thereof
as
aforesaid,
shall not be made, paved, or put in good Orcler
as
aforesaid within the
Time prescribed for
so
doing,
it
sliall be lawful for the Commissisners
to cause the same respectively to be done, aiicl the Expences which
shall be incurred by the Coinmissioners in respect thereof shall
be
repaid
to them by the Owners by whoni the
saiiic
ought respectively
to
have
been doiie, and thereupon tlie said Street shall become a Higliway,
and sliall
for
ever afterwards be repaired
by
tlie Commissioners.
LXXTII.
Aiid
be
it
eiiacted, That if
any
Person shall take up
or
inalie any Alteration in the l’aveinent
or
Carriageway or Footway in
any Street within the Limits of this Act, without the Consent in
Writing of the Coiiiinissioners, (except
wlieii
it
iiiay
be
necessayy for
repairing any Vniilt or Drain under
any
such Street,
or
other such
Purpose,)
every
Person
so
oflencling shall
for
every such Offence
forfeit
a
Sum not exceediiig Five Pou~ids
;
:~ncl
in
c:tse
tlie I’erson
so
taking up or altering such Pavement or Ciirri:igewty or l’oot\\ray
sliall not, within Ten Days after Notice iii Writing by the Surveyor to
the Commissioners, cause the same to be reinstated
as
nearly
as
may
be, the Conimissioiiers shall cause the same to be done,
ancl
the
Charges thereof shall be paid by tlie l’erson who shall have taken
up
or
altered such Pavement or Carriageway or Footway.
Penalty
on
a1
tering
Pavements.
Persons
dis-
turbing
P‘lve
Ill
e
n
t
s
to
,.,,instate
thern,and
guard
the
same
with
LXSVIII.
And
be
it
enacted, That if any Conipuiiy or Persons autho-
rized to tdie up
qiy
of the Pavement, Flagging? Curbstones, or other
Xaterials
of
the Streets
so
vested in tlie Commissioners
as
aforesaid,
for the Purpose of laying, altering, or repairing any
Gas
or Water
Pipes, or other lawftil Cause, shall not with due Diligence cause the
Ground and Rubbish to be filled in, and tlie Pavement or Flagging and
Curbstones
9"
VICTORIZ,
Cup.
xxx.
599
Curbstones
to
be reinstated, and the Surface to be made
good
in
a
Lights,
to
proper ancl substantial Manner, and shall not in tlie mean Time fence
p.
and guard, and
affis
and maintain Lights during the Night near to
the Places where any Ground shall be open,
so
as to prevent any
Accidents, every snch Company or Person
so
offending shall for every
such Offence forfeit
a
Sum not exceeding Five Pounds
;
and
it
shall
be lawful
for
the Commissioners to
fill
in such Ground and to remove.
such Rubbish, and
to
repair and make good the Pavement, Flagging,
or Curbstone
of
any
such
Street
so
broken up, arid properly
to
fence
or guard any such P:xcavation, and to place and maintain Lights
during the Night to prewnt Accidents, as to them shall seem neces-
sary
;
and the reasonable Costs and Charges thereof shall
be
paid by the
said Corripany or Persons respectively to the Treasurer of the Commis-
sioners, and in default
of
l'ayincnt thereof the Amount thereof shall
be recovered from
siich
Conilmiies
or
I'ersons respectively as any
Penalty is recoverable under this Act
:
Provided always, that such Pave-
ment, Flagging, Curbstone, or Itaterials shall not be considered to have
been reinstated in
a
proper and substantial JIariner
by
such Company,
or
any other Person having Authority to take up the same, unless the
same shall have been reinstated with the same
or
siinilar Materials
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 was
composed.
revent
Ace.
cideats,
LXXIX.
And be it enacted, That it shall be lawful for the Commis-
Poaer
for
sioners to contract and agree, for any Term of Pears or otherwise,
Commis-
with the several Companies
or
Persons respectively authorized
to
take
~~~~~c~o
np
any
of the Payments, Flagging, or other forrned Surface of any of
Corn-
the Streets or IIigliways within
Suitthpoi*t,
for the filling in, paving,
panies
for
flagging, and restoring of such Parts of
the
said Streets as shall be
restoring
froin Tinie to Time required
to
be taken up for the Purpose of laying,
altering, or repairing any Pipes
or
other like Purpose.
LXXX.
Ancl be
it
enacted, That
it
shall be lawful for the Com-
Power
to
niissidners, or
any
Surveyors
or
any Person to be employed by them t?ke
Mate-
under an Order for that Purpose, to search for,
dig,
and carry away
rials
for
any Stones, Gravel,
or
other Materials
fit
for paving and covering the
fi.om
Waste
Pavements, and pitching
or
repairing any Streets within the Limits
Lands
with-
of this Act,
or
for any other Purposes of this Act, in and from any
OutPa~ment,
Corninon Land within tlie Limits
of
this Act, or within the Parish of
vnte
Nortlt,
ilfeols,
or
any adjoining Parish, without paying for the saine,
n,akint,
corn-
they the Commissioners or other Persons filling up or levelling the
pensation.
Pits, and also
to
search for, dig, and
carry
away any such Materials
in and froin the Lands of any Person where the same may be had and
found within the Limits of
this
Act,
or
the aforesaid or any adjoining
Parish, (such Lands not beiiig a Yard, Garden, Orchard, Park, Tood,
Coppice, Nursery,
or
inclosed Ground clantecl with any Arenue
of
Trees for Ornament,) they the Cornmissioners
or
ether Persons filling
up the Pits and levelling tlie Grounds froin which such Materials shall
be talien, and paying the respective Owners ancl Occupiers
of
such
Lands reasonable Cornpensation for the cntting, digging, taking, and
carrying away such Jlaterials, and for carrying the same over any
inclosed Lands.
LSXXI.
Pro-
or
from
pri-
?
600
9”
VICTORIB,
Cap.
xxx.
JListice, on
Ten
Days
Notice.
Pow
er
to
purchase
or
rent Land
for deposit-
ing Mate-
rials.
No
Toll
to
be taken
Materials
LXXSI.
Provided almys, and be
it
enacted, That it shall not
be
not
to
be
lawful for the Commissioners,
or
any Person acting under their
taken
from
Authority,
to
search for,
dig,
or
carry away
any
Xaterials
for
the
private
Lands
but
Purposes aforesaid, out of or from any inclosed Lands, until Ten clear
by
Order ofa
Days Notice in Writing shall have been given to the Owner and Occu-
pier thereof to appear before
a
Justice to shorn Cause why such
Materials shall not be taken from such Lands; and in case such
Owner
or
Occupier shall not attend pursuant to such Notice,
or
shall
not
show sufficient Cause why such Xaterials should not be taken
froin such Lands, it shall be lawful for such Justice to authorize such
Person as the Commissioners shall appoint to dig and carry away such
Materials
at
such Times
as
to such Justice shall seem
fit.
LSXXII.
And be
it
enacted, That
it
shall be lawful for the
Com-
missioners to purchase or rent any Land, Building,
or
Premises, for
procuring or depositin5 Stone, Gravel,
or
other Materials for the
several Purposes
of
this Act, froin any Person willing to sell
or
let
the same.
LSXXIII.
And be
it
enacted, That
it
shall not be lawful for the
Trustees of aiiy Turnpike Road
to
collect any Toll on any Road
within the Limits of this Act, or
lay
out aiiy Money thereon.
within Limits
of
Act.
Liability
of
Commis-
sbnersto
Indictment.
LXXXIV. And be
it
cnacted, That the Commissioners shall be
liable to be indicted at Common
Lam
for the Want of the sufficient
Repair of any public Highway within the Limits
of
this Act, in the
same Manner
as
the Inhabitants of the Township of
North
Jf&
were before the passing of this Act.
1111
Drains,
LXXXV. And for carrying into effect the Purposes of this Act,
&c.,
vested
be
it
enacted, That
all
Drains, together with
a11
Buildings, and other
in
the
‘Om-
Works, Materials, and Things therewith connected, now existing
missioners.
within
Southport,
or which shall thereafter
at
any Time be constructed
and made therein, whether constructed at the Cost of the Commis-
sioners or otherwise, and the entire RIanagement and Control over
the
same,
subject to the l’rovisioiis in this Act contained, shall be
vested iii the Commissioners.
Commis-
LXXXVI.
And
be it enacted, That the Comrnissioners shall cause
sioners to
to be constructed and inade such and
so
many Main
and
other Sewers
make
as
shall be necessary and proper for the effectual draining
South-
where none
exist.
port,
all such Reservoirs, Engines, Sluices, Penstocks, and other
Works
as
shall be required for properly flushing and cleansing
out
such Sewers in, under,
or
across
all
or any of the Streets, whether
dedicated to the Use of tlie Public
aid
other Places within
Southport,
and,
if
needful, through and across all underground
Cellays
and
Vaults which they may find under any of the said Streets, IT’aj-s,
Thoroughfares, and other Places, doing as little Damage
as
may be,
and inalcing full Coinpensation for any Damage done, and also to
cause such sild
so
many ltings
or
0pei;iiigs to be made or left in tlie
Sides
of
the said Sewers as will be sufficient to enable the Owners
or
Occupiers of any Houses built
or
to
be built on, adjoining, or near
to
any
such Severs to inake
or
branch any l>raiii froin
such
Ho~iie
into
9”
VI
CT08.I
AC,
Cap.
xxx.
601
into the said
Sewers,
as
the Commissioners 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, and con-
tinue the same into and through any inclosed l~nds
or
other Place,
not being a public
Way,
it
shall
be lawful for the Commissioners to
build, carry,
ant1
continue the same into
or
through the said
1,aiids
or
other Place accordinglv, making full Compensation to the Owners
and
Occupiers thereof,
ancl‘
also
to cause such
Sewers
to communicate with
and empty themselves into the
Sen
or
any public River, Stream,
or
Watercourse,
or
to cause
tlic
I’Lefuse from such Sewers to
be
conveyed
by
an
appropriate Channel to tlic most convenient Site
for
its Collec-
tion
ancl
Sale,
and its Application
as
J1:iiiure
for
agricultural
Pur-
poses,
as
may
be deemed niost expedient, but
so
that thc
same
shall
in
no
Case bccoriie
a
piihlic Nuisance
or
Annoyarice to the Neighbour-
hood,
or
prc,jiidicial
or
iii,jurious to the hathing on the
Sea
Shore
;
and
all
such
Scwers
and other Works
and
I’rcmises shall belong
to
ancl
he
at
all
Times
under
the Control, Care,
and
Manngernent of the
Coinniissioners and of their Surveyors
and
Officers.
I,X
XST‘II.
And be it enacted, That the Commissioners shall
have
Commis-
Authority,
from
Time
to
Tiiiie
as
they shall sec fit,
to
wiclen, deepen,
sioners
to
embank, alter, arch
over,
amend,
clean, ancl scour out
all
or
any
of
the
repnir
enlarge
Sewers within
,%7dyort,
aiid
:ilso
to
cleanse, drain off into
any
Sewers,
Sewers,
and otherwise abate
all
stagnant
l’onds,
I)itches,
and
other Reccp-
tacles
of
foul IYatcr
and
Filth existing within
Southport;
arid
further,
in
Cases
iri which any of the existing lhins,
or
future
Sewers
or
Drains,
Tested
in the (‘oinniissioncrs, shall from any Cause wliatever
appear to tlicrn to have become
useless
or
unnecessary,
it
slid1
be
lawfill
for
the C‘oinniissioners, if
they
shall think
lit
to
do
so,
to
take
up,
stop,
or
fill
in and cliscoiitinue such
old
Sewer, in such
JIanner
that the
same
s11:ill
not
be
or
become
:L
Suisance or Annoyance to the
Neighbourhood.
-
LSSSIS.
Provided always,
arid
be it eii:Lcted, That no I’erson shall,
Commis-
by means of
any
Alteration,
Amendment!
Enlargerncnt,
or
Discontinu-
sioners
in
repairing
mice of any Sewer,
or
other I’roccedinji of tlic Commissioners iinder
Sewers,
&c.
thiq
iict,
he deprived
of
the
[‘se
or
lof
any
private Scwcr
to
ob-
or
lhiri
whic-h suc.11
l’crson
shall thcrcxtofore liave been lnwfully
struct
exist-
entitled to
use,
hit
the C‘onimis4oners shall
and
they
are
hereby
Private
required
so
to construct
or
alter
any
such prirato
SCWCJ-
or
Lhiii
as
to
render the
same
as
efectual for tlic
I’urpose
for
wliich
it
was
intended
as
any
such Drain
or
Sewer
might
be
at the Time of such Alteration,
or
to provide
for
thc
Use
of
such
l’ersoii
such
other Sewer
or
Drain
as
shall I)e eqiially cfl’ectual for siich Purpose
;
and
in case the
Com-
missioners shall refuse
or
neglect
so
to
construct
and
alter any such
private lhain
or
Sewer tlie ITse
of
which inny be affected
by
the Acts
of tlie Coinmissioncrs,
or
to provide such other
Sewer
or
Drain
as
aforesaid,
for
the S1):ic‘e
of
Twenty-eight
Days
nest after Sotice in
Writing served
upon
tliern,
the Commissioners shall forfeit and
pay
to
the Party aggrie\-etl any
Sum
not exceeding Forty Shillings for
every Day during which the Commissioners shall refuse
or
neglect
so
to construct and alter
or
to provide such other Drain
or
Sewer
as
aforesaid.
[Local.]
7N
LXSXIX.
Prov-
Drains.
602
9ct
not
to
affect
the
Riglit
to
us(
Sewers
or
Drains.
Commis-
sioners,
be-
fore
com-
mencing
Works,
to
give Notice,
in certain
Cases.
New
Streets
to
be
le-
velled under
Direction
of
Commis-
sioners.
~
I
who
9”
VICTJTORIA,
Cap.
xxx.
1,SXXIS.
I’roviclecl always, and bc it enacted,
That
nothing in
this Act contaiiieci shall a%&
my
Eight heretofore acquired by the
Owners or 0ccul)ier.s
of
any Property beyond tlie Limits of Sozithport
to corninunicate with
or
use
any of the Sewers
or
Drains vested in
the Cominissioncrs under the Provisions of tliis Act.
XC.
And
be
it
enacted, That( before coniiiiencing to level, make,
pave, or
flag
any Street, under the l’rovisions herein-before contained,
which has not beconic
a
Highway, and before inaking ai1y Sewer
under this Act where no Common Scwcr previously existed, and before
cornmencing to widen, cleel)en,
enil~aiil;,
alter,
arch
over,
or
anieiicl any
Sewer at present existing, ancl before absiidoiiing any
old
Sewer, the
Commissioners shall give Sotice
of’
tlieir Iiiteiition to level, make,
pave,
or
flag my such Street, or to make such new
Sewer,
or
to alter
or
amend such existing Sewer,
or
to abanclon such
old
Sewer,
as
the
Case
may
be,
by affixing, Twenty-eight
Days
at
least before tlie Com-
tnencement
of
any such
Work,
to tlic principal
Door
of every Church
ancl
CIiapc1
within the Limits
of
tliis Act,
a
1wiiited or writteii Sotice
specifying the Works in
tended
to
be
undertaken, sild shall :dso affix
sncli
Sotice
in
a
coi~spicuou~
Place
at tlie lhds of each and every
sucli Street through or
i:i
wliich
sucli
ITTorl;
is
illtenclcc1 to lie under-
takeii,
which
Sotice s1i:ill set forth tlie
Saiiie
or
Stuntion
of
tlie
Street iiitcricled to
be
lewllecl,
~iincle, paved,
or
fl:rggecl,
:iiid
the
Same
or
Saiiies of the I’lace
or
€’laces through
or
near wliich it
is
intended
the said new Sewer shall
pass,
or
tlie existing Sewer be altered or
aiiieiided,
or
the old Sewer
be
stopped
1113,
and
also
the Places of thc
Beginning and the End thereof, and shall refer to
a
Plan
of such in-
tended
JYork
which shall be made
under
the Direction
of
the Surveyor
to the Commissioners, sliowing the Depth
of’
sucli
Sewer
below
the
Surface of the
Ground,
and
on
a
Scale not less
for
the Plan
tlinn
One
Inch to Sixty-six Feet,
and
for the Sectioii of the Sewers not less
than Oiie Iiicli to
Two
Feet; and siicli l’laii
shall
be deposited in the
Ofice
of the Cominissioiiers, :md be
open,
at
:dl
reasonable
Hours
during such Tit-euty-eight
Dam,
for
tlie Inspectioii of all Persons
interested therein; and
such
Kctice
shall
:dso set forth tlie Time
and
Place appointed for holcling
a
Meeting of the
Coinmissioners,
to
con-
sider :my Ol~jections riincle against
sucli
intended
J\‘orks
;
and all
Persons
who
slid1 deem theinselves interested therein, or likely to
be
aggrieved thereby, shall
be
entitled to be
liearc1
before the Coinniis-
sioners
at
such
Jieeting
;
and tliercwpon the Commissioners may
aban-
don
or make such Alterations in tlie said intended Work
as
they
shall
judge
fit
:
Provided
~~IXIJ~S,
that no Alteration which shall cause
a
Deviation of inore than Ten
Yards
from the Line described in the
Notice and set forth in the Plan,
and
no such
\York
shall be begun
until the End of Seven Days after an Order for the Execution thereof
shall have been duly made
by
the Coinniissioners, and entered
in
the
Books
of
the Commissioners.
XCI.
And be
it
enacted, That the Level of every
new
Street,
Squzre, Terrace, Crescent,
Court,
,411ey,
Row
of Houses, House or
Place, which shall hereafter be iuacie
or
laid out witliin
SoutJqort,
in
which any new Common Sewer
or
Common
Drain shall be made, shall
be fixed under the Direction
of
tlie
Coiiimissioriers
;
and
every
Person
Cap.xxx.
683
who shall intend to make or lay out any such new Street, Square,
Terrace, Crescent, Court,
Alley,
Row
of
Houses,
House
or
Place, shall
give
or
cause to be given to tlic Coniiiiiwioners Sotice
of
such
Inten-
tion,
by
IVriting delivered to their
Clcrli
or
left at tlic Office
of
the
Commissioners
;
aiicl
the 1,eVcl
so
fisccl
by
the
Coiimissioii~rs
shall
thereafter be
kept
ad
observed
1)y
all 1'ersons raising
aiiy
House or
other Builclii~g in such Street,
Scju:ire,
Terrace,
Crescent, C'ourt, Alley,
Row
of
Honses,
Ilouse
or
Place
:
I'roviclecl
iievertlieless, that in case
If
COI~II~S-
the Comiiiissioners
sltall
Iioi,
by
a11
Orcler
itinde
l)y
tlieni,
azicl
duly
sioner~
neg-
notificcl, cause
siic~i
~ewl
to lie iiiSi.cI witlii
ti
tlic
pace
of
~weiity-one
~~~tfPs'~~&
Days
froin
the Tiine
of'
tile
1)clivery
of'
iiicli Xotice
ab
:Lfore-aid,
it' shall
i)rocced
be lawfill
for
the
l'crsoii
caiiqiitg
sucli Street,
Sqt~~e,
Te~racc,
Crescent,
with
Uuiid-
Court,
Alley,
120~
of
Iiouses,
House
or
l'lace,
to 1,e
made
or
laid
out,
ks-
to
proceed with the smie as it'
such
Level
hat1 been
fixed
as
afore3tzicl
;
and in erery
siicli
Case
cvcry
('1i:tiiw
of thc
Lcvel
wliicli
tlie Coiuiiiis-
sionere s~l
aiicrnrurcls
c~ceiii
rcquGtt.,
an(^
ot'
tlie
~orks
coiiseyueiit
thereto, sliall
be
ni:iile
by
ancl
:it
tlic ilspenee of the Coiiimissioners.
xcI1.
And
be
it,
enacted, 'hit it
shll
be lawful for any l'erson
Appeals.
liable to pay
or
to coiitribiite toward,
the
Espciice of
my
of
the
Works
afores:iid,
or
who sh:1.11 otherwise cleein himself to be aggrieved
by
any
Order
or
Directioii of'
the
Coiiiiiiizsioiitw,
at
aiiy
Tiiiie
within
Seven
Days
next
aftc'r
tlic
itidiiiig
of
any;
such Order
by
the C'o;nniis-
sioners, to giw Noticcl
iii
l\rritii~g
to
tlie'Coiiimissioners
that-he iiitends
to
appc:il
apiiist the Uiiclc>i-takiiig tltereof to the nest
General
Qimter
Sessions
of
tlie
l'ence
fbr
the
s:iicl
County
\b-l,icli
shall be lioltlcii after
the
Expiration
of
Tcii
Daj-s
iiext aftcr such Sotice, together with
it
Statement in \Vritiiig
of
tlic
Groiiiid:,
of'
the Aplm1
;
aiid
if within
Four
hys
next :iftel. giving
or
deliveriiig such Koticc
ab
aforesaid
any
sucli
l'srty
sliall
eiiter
into
a
1lccogiiiz:ince
before
soiiie Justice
of
the
l'e:~ce,
with
Two
sitflicicnt Sureties, coiiditioncd to try the Appcal,
and abide
tlie
Order
of
the Court,
aiict
pay
such
Costs
:IS
shall
be
awarded
by
the Court thereupon,
it
shall n&
be
laivfiil for the Com-
missioners
to
begin to execute, uiicler the Authority
of
this Act, any
such
XTork
so
appeded :~gaiiist, until
after
the Judgiiient
of
the
Court upon such
iZpped;
and
such Court, upon
clue
Proof'
of
such
Notice and of
such
llecogiiizaiicc~ hnviiig been given aid entered into,
shall hear
md
deteriniiie the Matter
of'
the Appeal,
and
sliall make
such Order thereon, and
arvarcl
such
Costs to either
of
tlic Parties,
as
the
Court
in
its Discretion sh:dl thiiili
fit
:
l'rovided al~vayb, that
it
shall not be
lawfd
for
the Appe1l:uit to bc hexrcl
in
support of such
Appeal
unless
sucli
?\Totice
:~iicl
Stateiiient shall have been given and
such liecognizance shall have been entered into
as
aforesaid,
nor oil
the
hearing
of
such
Appetil
to
60
into Evidence
of
any
other
Ground6
of
Appeal than those set forth in
such
Statenleiit
as
aforesaid.
XCIII.
And
be
it
enacted, That in all Cases where
any
House
or
Where
a
Building situate within
Southport
shall
at
any
Time be found not to be
~~$~~e~tf
drained by
a
sufficient Drain
01-
Pipe communicating with
some
Sewer, Size
exists
and emptying itself iiito tlie same, to the Satisfaction of tlie Commis-
Commis-
sioners, and
if
a
Sewer of sufficient Size, under the Jurisdiction of the
sioners
may
Commissioners, shall
pass
along any Street, and within One hundred
require
Yards
of
any Part
of
such
House
or Builcling, on
a
lower
Level than
Houses
to
Owners
of
such
604
carry
a
co-
vered Drain
into
the
same.
Penalty on
Owner
for
Neglect.
No
House
9"
VICTORIB,
Cup.
xxx.
such
House
or Bidding, it
shall
be lawful for the Commissioners,
by
Notice in Writing, to require the Owner of such House
or
Building
forthwith, or within such reasonable Time
as
shall be appointed
by
the Commissioners, to construct and make from such House
or
Build-
ing
into the nearest Common
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
sucli House
or
Ihilding, and also, if
practicable, of its Areas, Water-closets, Privies, and Offices (if any),
and to carry and convey the Soil, Drain, and IVasli therefi-om into the
said
Sewer; and if the Owiier
of
such House
or
Building shall refuse
or
neglect, during Twenty-eight
Days
nest after the said Kotice shall
hare been delivered
to
sucli Owner,
or
left
at
such
1Iouse or Building,
to begin to constrnct such Drain,
or
shall tlierc~after fail to carry it on
and complete
it
with
all
reasonatl)le l)espatcli, it shall be Iarvfiil for the
Commissioners and
they
are
hereby required to cause the same to be
constructed and macle,
and
to
recover the Expelices to be incurred
thereby in the Manner herein-after mentioned.
XCIV.
And
be
it
enacted. That it
shall
not be Inn-ful to erect
anv
to
be
erected
~ouse
or
other Ijuilcling witiiin the 1,iniits of
Sozit/rJl,ort
unless
a
Draik
without
Drains
being
be
constructed
to
the Satisfaction of tlie Commissioners, of
such
Jlate-
constructed.
rids, of such Size,
at
sucll
Level,
ancl
with
sueli
Fall
:IS
they
shall
direct,
so
that the
same
sliall
be nr:iilable for tlie Draiiiage
of
the
lowest
Floor of such
12nilding,
and
also
of its ilrens, Water-closets,
I'rivies, and Offices (if any), which Drain
shall
lead from tlie intended
Site
of
such IIouse
to
snch Sewer or Drain near t,hereto
as
the Com-
missioners
shall
direct and appoint,
or
if there be
110
sircli
Sewer
or
Drain existing or intended
to
be constructed within
01:e
hundred
I'arcls
of any Part of the intended Site of such
IIOUSC,
then to such
covered Cesspool or other Place, not being under
any
D~~-elling IIouse,
as
the Commissimiers
shall
direct.
Persons in-
XCV.
And
be
it enacted, That before beginning to
lay
or
dig out
tendinb.
to
the Fouiiclation
of
any new House within the 1,iniits:
of
SoiitJipoi*t,
or
to rebuild any
IToure
tlie~ein, and also before inakiiig any Drain for
build
or
re-
build
Houses
or Drnills
to
the Purpose of clraining Water directly
or
iiiclirectly from ally
Laid
give
Noticc
or
Tenement into any
Sewer
under
the Jurisdictio~i of' the Coinmis-
to
Commis-
sioners, Fourteen clear
Days
Sotice in llrriting shall
be
given to tlic
Conimissioners
by
the Person intending
to
Iniilcl
or
rebuild such House
sionss.
or
to make such Drain
;
and
every such Ihin and every such
Pounda-
tion sliall
be
laid at siich Level
as
is provided by this Act
;
and every
such
Branch Drain shall
be
made in such Direction, Manner, and
Form, and of sucli Materials and CVorkmanship,
as
the Coinmissioners
shall order
;
and the making of every such lhin
shall
be under the
Survey and Control of the Commissioners
;
mid in def'mlt
of
such
Kotice, or if such Building or Drain shall
be
begun OT made without
or
in
any respect contrary to
any
Orcler of the Commissioners or tlie
Provisions of this Act,
it
shall
be
lawful
for the Commissioners
to
cause such Ihilding to be clemolished,
and
to cause such Drain to be
relaid, amended, or re-made,
as
the Case may require, and to cause
the Expences thereof to be levied and repaid
to
them
by
the Owner
thereof in the 3Ianiier herein-after provided.
XCVI.
And
$1"
V1C?'ORI2E,
Cap.xxx.
605
XCVI.
And be it enacted, That whenever any
HOLISC
shall be taken
what
down
as
low
as the Floor of the first Story,
for
tlie Purpose of being
lie
deemed
built
up
again, such building shall
be
deemed
a
rebuilding within
?
the Jlcaning of thih Act.
1ng.
XCVIT.
And be it enacted, That it shall
be
lawful
for
any Person,
Private
at
his own Expence, to make
or
branch any Drain into any
of
the
nrfiinsma~
bc
branched
Sewers or 1)rains vested
in
the Commissioners,
or
authorized to
be
i.lto
Sewers
made
by
virtue
of
this Act,
or
otherwise acr~uired by them, of
such
a.
vestetl
in
Size and in such Manner
and
Forin
of'
Communication in all respects
Commis-
as the Coinmissioners shall direct or appoint, and for that l'urpose to
sioners,
take up
arid
remove
so
much
of
the L'aveincnt and other JIaterids of'
under
tlin
Ileguld-
cer-
any Street
as
inay be reqiiired, unless the Conimissioners shall consent
tions.
and agree, which they are hereby authorized to
do,
to form
so
~nnch
and such Portion of such Drains
as
shall lead
from
the l'oint
of'
Coni-
municatiori in such Sewer to the lktrcmity
of
such Street
;
ancl
in
case any Pcrson shall make
or
branch any Drain into any of the
said
Sewers
or
Drains
so
vest
ccl
in the Coirirnissioners,
or
;tuthoriztci
to
be made under and
by
virtue of this Act,
of
a
larger Size
or
in
a
different Rlanner and Form of Communication
than
shall be directed
or
appointed hy the Commissioners, every Person
so
offencling shall
for every sucli Offence forfeit
a
Sum not exceeding
Fiw
Yonncls.
XCVIII.
And whereas it would tend to ensure
a
greater Eficiency
Commis-
and Economy in the lhecixtion of
Works
if tlie
s:me
were
executed by
&i~e~s
may
agree
with
Persons under the immediate Direction and Control
of
the
Snrvcyor
Oi\ners
for
of the Commisqioners
;
be it enacted, Tltat it shall be larvfiil
fbr
the
Commissioners to contract and a
Houses
stiuction
of
or
other Tenements within
Soitthport,
that any Drains requirecl to
hc
1)rains.
made by such Owner should be constructed
and
made by thc
Com-
missioners
:
and the cost l'rice
ot'
making such Drains, as certitied
hy
the Surveyor
of
the Commissioners, shall
be
repaid by such
(
)wners
to
the said Commissioners, and in default of Payment the sanie
inay
be
recovered in the Manner herein-after providcd.
con-
XCIX;.
And be
it
enacted, That
no
Vault, Arch,
or
Cellar shall be
Vaults
aiid
made
under
any Street within
Southport
without the Consent
of
the
Cellars
Commissioners
first
ohtained
in
Writing
;
and that all sucli Yaults,
under
Streets
not
Arches, and
Cellars
hereafter to be
m:&
under any
Street
witliiii
to
be
made
So?cthprt
shall be suhstmitially made,
:ind
SO
as
not to iiitedere or without
Con-
communicate with any llrains or Sewers under thc Control of the
sent
of
Corn-
Commissioners, without tlieir Consent in IVriting first obtained
;
arid
niissioners.;
if
any Vault, Arch,
or
Cellar shall bc macle contrary to tlie Yrovisions
of
this Act
it
shall
be
lawful for the Commissioners to fill up the same,
and the Espences incurred thcreby shall
be
paid
by
the
Person
m:tking
such Vault, Arch,
or
Cellar.
C.
And whereas the noxious
ICffliivia
exhaling from Gully Holes of
GUIIY
Hole..,
Sewers
and Drains has
been
hunt1 to be uiiwholesoine and injurious
6.c.
to
be
to Health,
it
is therefore expedient that some Provision should be
yj:;s.with
made
in
respect thereof, in ortler
to
obviate the same
;
be
it
enacted,
That
the Commissioners and the Owners
of
any private Drains in
Soutlqort
shall,
by
providing proper Traps
or
other Coverings,
or
by
[
LOCUZ.]
70
Ventilation,
Drains,
Pri-
vies,
and
Cesspools
to
be
kept
in
good
Order
by
Owners and
Occupiers.
Comtnis-
sioners to
appoint
Persons
to
inspect
Drains,
Pri-
vies,
arid
Cesspools.
Penalty
on
Persons
making
or
altering
Drains,
&c.
contrary
to
this
Act,
without
Con-
sent.
Coinm
is-
sioners
em-
powered to
enter
upon
Lands for
the
9”
VICTORIE,
Cap.
xxx.
Ventilation, or
by
such other
Ways
and Means
as
shall
be
practicable
for
that Purpose, prevent the Effluvia of Sewers and Drains from
exhaling through Gully Holes, Gratings, or other Openings of Sewers
in Streets or other Places.
CI.
And be
it
enacted, That all Drains,
as
well within as without
the Lands or Tenements to which they belong,
and
all Privies and
Cesspools within
Southport,
shall be under the Survey and Control
of
the Commissioners, and
of‘
the Surveyors and Officers appointed
by
them for that Purpose, and sliall be repaired and kept in proper Order
at the Costs and Charges of the Owners of the I,an(ls and Tenements
to which the same belong; and if tlie
Owvner
aiid
Occupier of any T,and
or Tenement to which
any
such House, Drain, l’rivy,
or
Cesspool
sliall
belong shall neglect to repair and to put the same iiito good Order in
the 1\Ianner required
by
the Commissioners, during Fourteen
Days
after Notice in Writing fbr that Purpose, signed by the Clerk to the
Coniniissioriers or tligir Surveyor, shall have been given to such
Owiier or left upon tlie Premises,
it
shall be lawful for the Commis-
sioners
to
order such Drain, Privy,
or
Cesspool to be repaired and
put in good Order, and to levy
and
recover the Costs
and
Expelices
thereof
from
such Owner in tlie
Manner
herein-after provided.
CII.
And be it enacted,
That
it sliall
be
lawful for tlie Commissioners
or for their Surveyor,
or
such other Person
as
they shall appoint, to
inspect any Drain, Privy,
or
Cesspool within Sozitlipoyt,
aiici
for that
Purpose, at
all
reasonable Times in the Daytime, after Forty-eight
Hours Notice in Writing shall have been given to the Occupier
of
the
Preniises to which such Drain, Privy,
or
Cesspool is attaclied, or left
upon tlie Premises, to enter, by theinselves or their Surveyor
aiid
IVork-
~iien, upon
any
Lands aiid Tenenlents, and also to cause the
Gr~~iid
to
be opened in any l’lace they shall tliiiik fit, doing
as
little 1lani:ige
as
may be
;
:md
if such Drain, l’rivy,
or
Ccsspool
sliall
be
fouiicl to be
inade to the Satisfktion of die said (‘oniiiiissioners,
ailcl
in proper
Order
arid
Condition, they shall cause tlie s;iiiie to be closed alicl
iriade
good
as
soon
as
imiy be; and the
Expences
of opening, c10411g, and
inalhg
good
such Drain, Privy,
or
Cesspool shall in that Case
be
defrayed
by
the said Conimis~ioners.
CIIT.
And be
it
enacted, That
ill
case any Sewer, Dmiii, l’rivy,
Cesspool,
or
any otlier IVork sliall on Inspectioii be found
to
have
been made after the passing of this Act not according to tlie Directions
and Regulations of the Comiriissioners, or contrary to the l’rovisions
of
this Act, or in case any Person, without tlie Consent of the
Coin-
missioners, shall construct, rebuild, clear out, unstop, or in anywise
alter any Sewer, Drain, Privy, Cesspool, or otlier Work u-hich 1i:ls been
ordcred by them not to be made, or
to be
clernolished, stopped up,
or
aniended, every Person
so
offending shall forfeit
and
pay
any
Suin
not
exceeding the Sum of Five Pounds.
CIV.
And be
it
enacted, That tlic said Commissioners sliall for the
Purposes of this Act have full Power and Autliority to enter, or to
order and direct their Surveyor or other Officers
aiid
l’ersoiis einployed
by
them,
at
all reasonable Hours in thc Daytime, to entcr into and
upon
9"
VICTORIAC,
Cup.xxx.
upon any Land
or
Tenement within
Southport,
and into and upon the
Purposes
of
Land in
Xozctlqort
on which any House, Building,
or
other Erection
is
this
Act.
built
or
being built or intended to be built, and into and upon any
Buildings in
Southport
or
any Part thereof, without being liable to
any Action at Law
or
Suit in Equity,
or
any other legal Proceed-
ings
or
Ifolestation ivliatsoevcr, for
or
on account of such lhtry,
or
the Works clone
or
to be done in any l'art thereof, in pursuance of
this Act.
cv.
And
be
it enacted,
That
it shall
be
lawful for the Commis-
Bars
to
be
sioners
and
they are hereby required, when
any
of the said Streets
so
erected
vested in then1 shall be under repiir, or when any Sewers or Drains
are being made
or
sliall be under repair, to tnke proper l'recaution,
by
Ilepairs,
kc.
shoreing
up
and protecting the adjoining Houses, ancl to
fix
alld
place
are
making,
or
cause to be
fixed
and
placed such
and
so
many
Ears,
Chains,
or
and
Lights
Posts across
or
in any of the said Streets, to prevent the passing and
to
he
placed
repassing
of
Carriages,
Cai-ts,
Cattle,
and
Horses
during the Time of
such
Works and Repairs being carried
on,
as
to them shall seem proper
;
and the Comnlissioners 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
n
Watcliinan, during the Xight, to
prevent
Accidents
;
ancl
if any Person sliall take
clo\vn,
alter,
or
remove
any of the said
Bars,
Chains,
or
Posts,
or
extinguish any Lisht, with-
out the Authority
or
Consent of the Surveyor of the Conimissioners,
every such Person
so
of€'eriding shall for every
such
Offence forfeit and
pay
any Sun1 not exceeding Five l'ounds.
Streets while
at
Night.
CVI.
And be
it
enactecl, That if for the Purposes of this Act it
Commis-
shall at any Time
or
Times
be
deemed
nccessary
and expedient by the
sioners
alter the
Coinmissioners to raise, sink,
or
othcr~vise alter the Situatioii
of'
any
Situation
of
JVater or
Gas
Pipe, Plug,
or
other IVater
Works
or
(;as J\'orks,
SO
far
Water
and
as
the same are laid
or
placed in any
of
the
public Streets
or
T\-ays
of
Gas
Pipes,
Southport,
it shall
and
niay be lawful to and
for
the Coniiniseioners
P"Yinb'
the
Expence
of
and they
are
hereby
einpowered
so
to
do
or
cause the sanie to be done,
tl,e
sdme.
when and
as
often and ill snch JI:inner
aiid
in such Place
or
Places
:!s
they shall think right
:ind
proper, provided that the TYater
or
Gas
Pipes, Plug,
or
other \Vater
V'orks
or
Gas
MTorks,
be not permanently
injured thereby,
or
the Water
or
Gas prevented from flowing in its
proper Channel
;
and the Costs, Cli:irges,
ancl
Espenccs attencling such
raising, sinking,
aiid
altering,
ancl
full Compensation
for
ewry
Damage
done,
shall be
paid
by
tlic
Commissioners out of the Money authorized
to
be
raised byLvirtue of this Act
for
the Purposes
of
Sc&rage.
CIrII.
And
be
it further en;wted, That if by reason of the Altera-
tion
of
the
Level
of
any
Street,
tlie
niaking
or
altering of any Sewer,
OF
in otherwise carrying into esecutioii any of tlic
Powers
or
Authori-
ties of this Act, any
1
Iouse, Building, or other IIereclitanieiits within
any such Town
or
District shall
lie
damaged
or
otlierwise prejudicially
afi'ected, then and in every such Case tlie Commissioners shall make
good such Dainage,
and
pay
to the Owncr
and
Occupier of such
House,
Building,
or
other Ilereditaments such hniount
of'
Compensation for
such injury
as
sliall
be
agreed
upon
between
such
Owner and Occu-
pier
and
the Commissioners
;
ancl if'
such
Owner aid Occiipier and tlie
Commissioners cannot
agree
as
to the Amount of such Compensation,
and
Commis-
sioners to
rnake
Com-
pensation to
Owners
of
Houses,
&c.
for
Damage
done.
If
Parties
cannot
agree,
the
608
same
to
be
settled
by
Just
ices.
Penalty
for
obstructing
Conini
i
s-
sioners
in
their
Duty.
Penalty on
Occripier
preventing
Owncr
car-
rying
into
execution
this
Act.
Costs,
src.
t3
be reco-
vcred
from
3n.ner
by
Action
of
Deb:.
I’owcr
to
9”
VICTonIR,,
and
the Proportions thereof to be paid to such Owner and Occupier
respectively, then the Amount of sncli Compens:ition, and also the
Proportions which the
Pc~i*sons
clairning the
same
are entitled to, shall
be settled and recovered before
Two
Justices in the Jlanner herein-
after provided.
CVIII.
And be it enacted, That if any Person at
any
Time shall
obstruct
or
molest the Coininissioners,
or
:ins
Surveyor
or
other
Officer,
or
Workman
or
other l’erson
cniploycd
Iy
them, in the Yer-
formance and Execution of their Duty,
or
any thiiig which they are
respectively required to
do
by
or
by
virtue or in conseqiience
of’
this
Act, every such Person
so
oKeiiding
4all
forfeit
and
pay
as
a
Penalty
any Sum not exceeding Twenty Pounds.
CIX.
hid
be
it
enactcd, That in case the Occnpier
of
any
House,
Euilding,
or
Premises shall prevent the On.ner thercof from carrying
into effect, in respect of such House, E~iildiiig,
or
J’rei~iises, any of the
Provisions
of
this ,\ct,
or
froin doing
any
of
thc
;\l:xtters
or
Things
which by this Act
are
reqnired to he clone by such Owner,
and
after
Notice of this Provision shall have been given by the Owner of such
IIouse, Building,
or
Premises to the Occupier thereof,
it
shall be
lawful for
any
Justice, upon Proof thereof, to make
mi
Order in
Writ-
ing requiring such Occupier
to
permit such Owner
to
cnriy into effect
the Matters required to be done
by
hiin
;
and
if aftcr the Expiration
of
Twenty-one
Days
from the Date of such Order such Occnpier shall
continue
to
rvfuse
to
permit such Owner
to
execute sirch
Works,
such
Occupier shall for each
and
every
Day
during wliicli
lie
sh:ill
so con-
tinue to refuse be liable to
a
l’endty not exceeding Five Pounds.
CX.
And be
it
enacted, That if the
Owner
of
any House, Buildings,
or
Land
rn:& liable
by
this Act
for
the Repayment
to
the Coniinis-
sioiiers of anj- Costs,
Chargeq,
find Expcnces incnrrecl
or
Monies
ex-
pended by them, shall not,
when
arid
as
soon
as
the same shall become
due and payable
€rom
him,
repay
a11
such Costs, Charges, Expences,
and
Monies
to
the Comniissioners, it shall be la~vful for the
Commis-
sioners
to
recover the same from such
Chner,
or
from any subsequent
Owner of
such
l’rernises, in
an
Action of Ikl)t iii any of the Superior
Courts,
or
in
any
other Court having Jurisdiction.
CXI.
And be it enacted, That
hy
may of additional Renicdy
it
1~
Charges
shall
be
lawful for the Coinmissioners, whetlier
my
such Action shall
hare been brought against any snch Owner
or
not, to require the
011
occu-
picrs
of
I-I~~,,~~,
&c.
Paynient of all
or
any Part of such C”osts, Clinrges,
ancl
Kspences
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 Commissioners, the same may be levied
by
Distress and Sale of the Goods and Chattels
of
such Occupier,
in
the same Manner
as
any Rate inay
be
recovered from him.
Occupiernot
to
bc liable
*Or
Costs,
6rc.
than the
Amount
of
CXII.
Provided always, and be it enactcd, That iii
no
Case, except
as herein-after mentioned, shall any Occupier, being only the Tenant
of
such Premises,
be
liable to pay more AZoncy in respect
of
such
Costs,
Charges,
and
Expences as aforesaid, than the Amount of Kent due
from
him
for the Premises in respect of which such Costs, Charges, and
Expences
609
Expences shall be payable at the Time
of
the Demand
made
upon
him
Rent
due
by
for
such Costs, Charges,
and
Kspences,
or
which shall
at
any Time
him.
after
such I)c~~nntid,
:~nd
Kotice not to
pay
the same
to
his Imidlorcl,
accrue and become payable
by
hiin, iinlcss he shall neglect
or
refiise;,
upon Application made to him
for
that I’urpose
by
or
on
Ijelialf of
the
Commissioners, truly
to
disclose the Amount
of
liis Rent,
ancl
the
Name
and
Adclress of‘the
[’ersoli
to whoin siich Relit
is
payable; biit the
Burden of
J’roof
that tho
Sum
denianclecl
of
any
such
Occupier
is
greater
than tlie lient wliicli
was
clue
by
him nt the ‘hie of
such
l)eiiinnd,
or
which shall
haw
siiicc accrued, shall lie upon
such
Occupier.
CXlTI.
And
be it cnacted, ‘Illat in
every
Case
in which any
Oc-
Occ~1piers
inay
deduct
cupier
of
any
IIousc,
13uildings,
or
1,:inds
in
Sorct1ipi.t
shall
undcr
the
certain
Pay-
Provisions
of
this Act
haw
paid
my
Siun
for lcvellin~., inaking,
Ine,lts
from
paving,
or
AaFging
any
Street,
01’
tor
inaking
or
repairing :my
his
Kent,
in
Dmin, Privy, Cesspool,
or
other I~~ork, in respect of’ his Occupation of
certain
Cases.
such House, 13iiildings,
or
Landq, he shall
\)e
entitled to
deduct
from
his
Rent,
sur11
Part
of the Ariioiiiit
so
picl
by him
as
is lierein-after
specified
;
(that
is
to
say,)
if
:it
the ‘l’inie
of
such
\York
being clone lie
is
a
Tenant at
Will
or
for
any
less
Tcrm than One Tear lie inay de-
dirct the whole .4nionnt
picl
by
him
;
it
for One
Year
and less than
ITVO
Years
lie
may
tlcdrict Xilictccii Twentieths thereof; if’ for
Two
Years
:und
l(1ss
thaii
Tlircc
Years
lie
iii:iv deduct I
thereof; antl so, in the
s:~nic
I’roportioti,” tlie Amoiint n-hich
such
Oc-
cupier shall
l)e
entitleti to clcdnct shall
he
lcss by One Twentieth
Part
of
tlie
Sum
so
pait1
by
liim for c~ery aclt1ition:d
Year
accor(1ing to the
Knmher of
Y(.ars
uiic>sl)ired of tliv Tenii for wliicli he
is
the Ten:nit;
but
if
snch
Occiipier
is the ‘l’cn;mt
for
:L
‘L’crin
of Twenty
l-t~irb
01-
more
he shall
not
lx
cntitled
to
clctliict from his Kent
miy
l’art of’
the Sum
so
paid
bj-
liiiii
:
l’rovitlcd alxiys, that
any
Tenant iinclcr
a
Lease containiiig a ‘owiiant
for
liencwal tlierctof shall
be
deeiuctl
a
Tenant
for
tlic
full
‘I‘crin
to v-1iit.h
his
IIolcliii(v
inuy be estcndcd
iinder
such Coreurnit
;
and
that
every
Tenant
for
a
1
erm
clepending upon
a
Life
or
Lives shall be deemed
n
‘Tenant
for
such
absolnte ‘Term of
Years
as
shall
lie
of‘
thc
same
1’:iluc
:IS
siich contingent
Terni,
accord-
ing to the Government Tables
for
the Purchase of Life Annuities
;
ant1
every
Lessor,
being hinisclf
n
Lesscc
of any
Iloiisc,
l:uildings,
or
I,ands
fiim
ir-Iiose
Rent any Pwt
of
the
,irnomit
so
paid
to tIic
Com-
missioners slinll havv
bccn
clcclr!ctccl
b\-
liis I‘ndcrtenant,
s~1:iIl
l)e
en-
titled in like
,\[:inner
to deduct
:isom
ihe Relit payalde by liiin to his
Lessor
sncli Part thereof
as
:iccortlinji to the I’rovisions 1:erc.in-beforc
containcc1
he
n-onltl h:iw
lwn
entitlctl to
dccluct
fi~oni
liis
lknt
h:d
he bccn thc
(
)cciipier,
and
picl
to the (‘oniniissioncr~
as
aforesaid the
Suni
so
dediictcd from the
Itcnt
1j:iyablc
to
liini
:
I’roviclecl also, that
notliing herein contained shall
he
takcn to a?ffect
:my
special Contract
rnatlc bctweeii any
T,cssor
antl
Tenant
or
Occnpier of
any
I-Ioiiscs;,
Builclinps,
or
Lands, respecting the Paynieiit
of
the Costs
and
Charges
of lewlling, inskill?, paving,
or
flagging
:iny
Street,
or
of constructing;,
remakiiq,
or
repairing any Drains, Privies, Cesspools,
or
otlicr
Works.
11
a,
.
CXIT‘.
And
be it enacted, ‘Tliat if
my
HOUGC,
13uilcling,
or
1,and
If
Owners
Of
unproduc-
abutting on the Sides of
:my
Street
or
Part
of
any
Street, not being
a
tive
Pro-
Highway, which,
or
any
Part of which, shall
‘have
been levelled,
perty
neg-
[Local.]
7P
formed
610
lect
to
pay
Costs,
the
same
inay
be
let
to
defray
Ex.
pences.
Commis-
sioners
inay
allow
Tiiiie
to
Owners,
&c.
for
lie-
payment
of
Costs,
&c.
of
paving
Streets
and
making
Drains.
9”
VICTORIE,
Cap.
xxx.
formed, paved, or flagged by the Commissioners,
or
if
any
House
or
Building in respect of which any Drain shall have been constructed,
inade or remade, by the Commissioners, and the Costs and Expeiices
of which Works are to be repaid to the Commissioners by the Owners
thereof in the JIaniier herein-before provicied, shall be unoccupied or
unproductive, aiicl the Owner thereof sliall for the Space
of
Two
Years
neglect or refuse
to
contribute and pay 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 Drain
or
other
Works,
and the same shall not have been recovered from the
Occupier thereof, it shall bc, lnwfiil for the Coinniissioners, at or after the
Expiration
of
Three Months Notice to that Effect affixed or placed on
any such House, Building,
or
Land, to take possession of such unoc-
cupied or unproductive House, Building, or I,and, and to fence off
and
let
the same
or
any
Part
thereof,
by
any Deed under their
Common Seal, for such Term, not exceeding Ten Years,
as
shall be
agreed upon between the intended Lessee thereof and the Commis-
sioners, and to appoint some l’erson to deliver the Possession
of
such
House, Huilcling,
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 for the Term
thereby expressed to be grauted, and shall give such Lessee a good
Title hereto against the Owner thereof and a11 other Persons whom-
soever
;
and the Rents
of‘
sucli House, 13uilding7 or
I,nnd
shall be paid
to
the Coininissioners, .vvho shall thereout, in the first place, pay the
Expences
of
such fencing and letting, and in the next place
pay
the
Sun1 due from such Owner for his Share of the Costs, Charges, and
Ex-
pences of levelling, making, .paving,
or
flagging such Street,
or
con-
structing, making, or reiiialiiiig such Drain or other Work, and after
Payment thereof shall retain the Surplus (if any)
of
such Nonies for
the Owner of such House, Building, or Land,
or
his Assignees or other
legal Representative.
CSV. ,4nd be
it
enacted, That where any Street, not being
a
High-
ivay repairable by the Inhabitants at large, shall under the Provisions
of this Act have been levelled, made, paved,
or
flagged by the Com-
missioners, ant1 the Costs, Charges, and Expences whereof‘ are to be
repaid and reimbursed
to
the Commissioners by the Owners of the
adjoining I’roperties in the Proportions
and
in the Jlaniier herein-
before provided, or in case any Drain or other Works shall have Leeii
constnzcted, made, or repaired by the said Commissioners, the Costs
of which are to be repaid to the Commissioners by the Owners thereof,
it
shall be lawful for the Commissioners
ancl
they are hereby required,
in all such Cases where the Amount of the Sum to
be
repaid to the
Commissioners shall be more than Half the Amount of the net annual
Value of such Premises,
to
allow Time for the ltepayiiieiit of such
Costs, Charges? and Expences, and
to
receive tlie same by such Instal-
ments
as
the said Commissioners, under the Circumstances of the
Case, shall consider equitable and just, but
so
that the same shall be
repaid by annual Instalineiits of not less than One Fifth Part of the
whole Sum originally due, with Interest for the Principal Money from
Time to Time remaining unpaid after tlie Rate of Five Poundsper
Centum
pw
Aiznum
during the Period
of
Forbearance
;
but all such
Sums
9”
VICTORIA!,
Cupxxx.
61
1
Sunis
remaining due, notwithstanding the said Commissioners shall
have agreed to allow any Time for the Kcpayment thereof
as
aforesaid,
shall remain and
be
chargeable upon the several Premises in respect
of which the same were origin:Llly payable, and shall and niay from
Time to Time, at the Espiratioii
of’
tlie several Times
so
allowed for
Repayment thereof’, be
rccovcr:tl)le
therefroin,
aiicl
from
the respective
Owners and Occupiers tlicrcof, 1)otli present and future, in like JIanner
as
such respective ,linounts initrht have been recovercd and would
have been recoveralilc
if
no sucl?l’imc
01-
Times had been allowed for
Repayment thereof.
CXVI.
And in order to prevent
any
1)ispute touching the
Word
Definition
Of
Owner”
for all the I’iirpobes
of
this Act, whereby :in Owner is
o~~,llor
11
ill
the
M’ord
required to do
or
is
iiiatle
liable
or
responsible for the Performance
ccrtaiil
of any Act, Matter,
or
’Thing
iiritlcr
the l’rovi-ions of this Act, or to
C.t-es.
be rated, or pay any Ilates
01%
Monies, be it enacted, That the Person
who for the ‘Time being sliall
\)e
entitled to receive,
or
mho if let to
a
Tenant would
be
entitled
to
receive, the Rack Kent of any Property
from the Occupier thereof,
on
his
own
Account or
as
Trus’tee
for
any
other Yerson, shall
be
deemed tlit
“
Owner” of the same for the
Purposes
of
this Act.
Cs
\-II.
Provided nevertliclc.i,
and
be
it
enactetl, That no Person
NO
Perion
shall, in respect of any Chief
or
C;ronntl Kent of
any
I’ropc.rt~- within
to
be
dee1ned
the Limits
of
this Act, or
of
:iny
lhwsion
of‘
any such Prdperty to
which any Chief or
Grouiicl
Iht
shnll
be incident,
be
cleemecl the
Clllef
or
“
Owner
”
of
the same for any Purposes of this Act.
G
r
ou
11
d
Rent.
CSTTIII.
And be
it
enacted, That the Commissioners
inay,
with
a
Coinmia-
due iiegard to the Coiivenience
and
tlic Preservation of thc Health of
si
o
11
ers
to
cmse
Streets
the Inhabitants, cause
all
the Streets in
SorLthpo,.t,
whether dedicated
to
be
to
the Use
of
the I’riblic or not, together with the Foot Pavements,
cleansed,and
from Tinie to Time
to
be properly
swept
and cleansed, and all Sand,
Dust
and
Dust, Dirt, and Filth of every
Sort
which
inay
be
found tliereoii to
~~~~~,~!m
be collected and removed therefroin, and (in case the Occupiers shall,
tile
Houses.
for
the Space
of
Forty-eight
IIonrs
after liequest, refuse
or
neglect
so
to do,)
may
cause
all
the
Soil,
Ashes,
liubbish, and Filth to be taken
and carried away from tlie 1-louse.s ancl Premises of the Tnliabitauts
of
Xozithpo~t,
at convenient
IIorirs
aiid Tiiiies, and shall cause
all
or
my
of
the Privies and
Cesspools
within
the
said Town
or
District to be
emptied ancl cleansed in
a
sufticiciit and proper JIanner,
as
shall be
re-
quired
;
and it shall be lawful
fix
the Commissioners to purchase or hire
any Cart, Carriage,
or
other Nncliines, and
also
:iny Horse
or
Horses,
for the better executing aid lmiorining any of the
above
Duties.
CXIX.
And be it enacted, ‘I’hat the said Dirt, Dust, Sight Soil,
Power
to
and Filth which the Commissioners shall cause to be
so
collected from
~~~~~$~11-
the said Streets, Privies, Sewers, and Cesspools, and all the Dust,
pose
of
the
Ashes, and Rubbish which tlic Commissioners
shall
cause to
be
col-
Dust,
&c.
for
lected, taken, and carried
amay
from all and aery of the Houses
or
the
PW-
elsewhere within
Soictliport,
shall
be
the Property of‘ the C‘ouninissioners,
Of
this
and are hereby vested in thein,
aid
the Coinmissioners shall have full
Power
to sell and
dispose
of
thesariie
for the Purposes of this
Act,
as
they
61
Q
cup.
xsx.
they- shall think proper
;
and
the
Money arising. froin the Sale thereof
shall be applied for the Purposes of the Liglitiiig and General Rate
;
and tlie Person purchasing the same shall have full
Power
and Au-
thority to take, carry away, and dispose
of
the same for his
own
proper
Use and Eenefit.
Commission-
CXX.
And be
it
enacted, That it shall be lawful for the Coininis-
to
cause sioners,
as
often
as
they slinll tliiiik fit, to
cause
all
or
any of the
Streets within
Sozithport
to
be watered,
and
for that Purpose to con-
Streets
to he
watered,
and
may
provide
tract with any Company for
a
Supply of
JVater,
and, if necessary, to
Wells,
sink Wells, and lay, erect,
and
place Pipes, Coiidnits,
and
Pumps in
&C-
any of the said Streets,
or
to provicle :my
other
Appar:itus proper for
that Purpose, niid to reniove mid alter the same ivhcn
and
as
tlie said
Coiniiiissioners shall tliiiik proper.
Cornrnis-
sioncrs may
appoiilt
Sca-
vengers,
or
contract
for
cleaning
Streets,
R-c.
Penalty on
Scareiigers
fail
i
iig
to
perform
their
Duty.
CSSI.
hid
be
it enacted, Tliat
it
sliall be lawful for the Comniis-
sioners
to appoint and einploy
a
sufhcient
Suniber
of
l’ersons,
or
to
colitract with any Company
or
other I’erson for the s\veeping, cleans-
ing,
and
.w:!tering of the said Streets witliiii
,Yo7itJ/poi~t7
anti
for
reniov-
iiig
of all Ashes, Rul~bisli, Filth,
and
for
tlie emptying of Privies
and
Cesspools in the
31ai:ner
by this Act directed
;
and sucli l’ersons shall
be called Scavengerh,
and
such
Swvcngers
or
their Ser\-:Lnts shall, on
such
Days
and
at
sucli 1Iou1-s
ancl
in
siich
JIanner
as
tlic Coiiiinissioiiers
shall from Time to Tiiiie appoint, suficiently execute nll such
Works
and
Duties
as
they sliall respectively coiitr:ict
or
be
employed
to
per-
foriii
;
and if any such Scavenger hi1 to sweep
and
properly cleanse
or
water any
Street
which
he
shall contract
or
be ernlhyed to water,
or
sliall fiil to clean
out
and empty any Privy, C1cs~po1,
or
Sc~vei-, at.
the Tiine and in the Manner a1)poiiited
by
tlie Cominissioiiers,
or
on
tlie lawful lteyucst of any Owiier
or
Occupier
of
any
IIOUSC
or
other
Teneineiit,
or
to collect
or
reniove
any
Dirt, Ashes,
or
Rubbish which
lie
s1i:ill
contract
or
lx
employed to reinovc, at, the Tiine and in the
i\I:tmer
prescribed
by
tlie Coiimiissioiicrs for
t1i:it
l’urpose, or shall
clcposit
any
of
such
Soil,
Dirt,
Aslies,
or
Itubl>isli in any other
l’lace
than
sidi
as
shall
be
appoiiited by tlie Coinmissioners
fir
tliat
Purpose,
lie
shall for every such Offence forfeit ancl
pay
a
Sum
not
c~ceediiig Five
1’0
uni1s.
1t:ydntions
to
prevent
~cc~mula-
tion
of
Soil
fioin
stables,
&e.
CSSII.
Ad
be
it
enacted, That if tlie Diuig
01’
Soil
of
any
Stable,
Cowhouse,
or
l’igstye,
or
other Collection
of
refiise Matter clsen-here
than in any Farinyard, shall at any Time be allowed
to
accuinulate
within
Soi~thport
for inore than Fourteeii
Days,
or for
iiiore
than seven
Days
after
a
Quantity exceecliiig
a
Cubic
Yard
shall
liaw
been col-
lec
ted,
such Dung, Soil,
or
Refuse shall, if not removed within Forty-
eight Hours after Kotice fi-om any Officer of the Commissioners,
become vested in the Commissioners, and
it
shall be lawful for
them,
or the Person for the Time being having the Contract for doing.
so,
to
sell and clispose of the same as the l’roperty of the C‘oiiiiiiissioners
and
the
Xoney thence arising shall be applied
to
the l’urposes of the
Lighting and General
Rate;
and if any Person shall allow
or
permit any
Dung,
Dirt,
Ashes,
or
Filth to accumulate within his 1)welling House
in
Soz~thpo~t
for more than Three
Days
after the Scavcnger shall have
applied to
remove
tlie sanie, such l’ersoii, upon beiiig lawfully
con-
victed,
vieted, shall be sub,jcct to
a
Yenalty not exceeding Fort!- Sliilli~i~s
:iiitl
not less than Five Shillings, to
be
rccoverrd
:incl
applicd
as
otiler
Penalties under this Act
:
Provicletl alway-, that
if’
at
:uiy ‘Jiiile
a
Certificate, signed
by
anv
Two lyally qtialificvI J1eclic:il Pixctitionera,
shall be presented to the‘ Coiiiiniwontw, ccrtitj.iiig that
any
Xccumu-
lation of
Dung,
Soil,
or
Filth 11-itliiii thy l,iiiiit$ of
A~‘outhport
ouglit
to be removed, as being to the I’rejiiclicc1
of’
tlic IIealth
of’
the
Inlia-
bitants, the Clerk to the (‘oininissioiier:, sliall fortlimith give Soticc to
the Owner
or
reputed
Owner
of such Uuiig, Soil,
or
Filth to remove
the same within
Twen
ty-four
Hours
nt’ter
such Xotice
;
and
in case
of
Failure to comply witli such Sotice, or if
no
such
Owner
can
be
found, the said hng, Soil,
or
Filth shall tliereupon become vwted
in the Commissioners, ancl liable to be disposed
of
in the Manner
herein-before provided.
CXSIII.
And be it enacted, That
any
Occupier
of
any
House
or
I’enaIty
for
Lands,
or other
l’wwii,
~1x0
shall refuse
to
permit such Soil,
lht,
obstructing
Ashes,
or
Rubbish
to
he
taken away
by
the %a\-enGers appointcd by
~~~~~~ers
or
contracting with the Cornmissioners
as
aforesaid, or who sliall
Duty.
obstruct the said ScavenFers in the Performance
of
their Duty, shall
for every such Offence forfeit
arid
pay
a
Sum not exceeding Five
Pounds.
CXXIV.
Ancl be it enacted, That every Person,
other
tliaii tlie
pcna!ty
Scavengers
for
the Tiinc being,
or
other Person acting for
or
in their
Persons,
Behalf, who shnllcollect
or
carry
away
any Xight Soil, Dirt? Ashes, Rub-
other
than
Scnvcngers,
bish,
or
Filth
by
this ,4ct directed to be reinoved by Persons employed
,.c,~~oving
by the Corninissioncrq from any Street or
House
or
other
Placc
within
Siglrt
soil,
Sozitliport,
shall forfitit and pay
a
Sum
not exceeding
Forty
Shillings
sc.
for the First Offence, I‘ivc l’ounds for the
Second,
ancl Tcii
POUIIC~S
for
the Third
and
every following Offence;
One
Half of the Penalty in
every
Case
to
be
paid to the Informer, and One Half to the Scavengers
employed
by
or
contracting with the Commissioners
to
take away the
same.
CXXV.
And be it enacted, That every Person who within
Sot&
Penalty
for
pi~t
shall empty or begin
to
empty any Privy betweell the
Hours
conveying
of Five in tlie Jforning ancl Twelve at Sight,
or
rernove along any
Offensive
r,
\latter
at
1
horouplifarc witliin
,>’oolcthpnrt
any
Sight
Soil,
Soap
Lees,
L4mnioiiincal
?ml)roper
Liquor,
or
other such ofl’ensive Natter, betiveen the Hours
of‘
1:ik-e in
‘rimes.
the Morning
and
Twclve :it Kight,
or
who shall
at
any Time
use
for
any such Purpose any Cart
or
Carriage not having
a
proper Covering,
or
who shall wilfiilly
or
carelessly slop
or
spill any such off’erisive Mat-
ter in the Henioval thereof, or who shall not carefiilly sweep and cleaii
every Place in which any such offensive Matter shall have been placed,
slopped,
or
spilled, shall forfeit
a
Sum
not exceeding Forty Shillings
;
and
in default of the Apprehension
of
the actual Offender the Owner
of
the
Cart
or
C:irriagc employed
for
any such Purpose shall be
tleemcd to
be
the ORcnder.
CSSJ7T.
hid
be
it enacted, That no l’erson shall suffer
any
waste
Penalty
on
or
stagnant
Water
to
remain
in
any Cellar
or
other Place iii South-
allowing
port
within any
House
or
on
any
Ground
belonging to
or
occupied
stagnant
Pools
of
[L&a/.]
7gl
by
624
Water
to
remain
Forty-eight
Hours
after
Notice
to
remove the
same.
Owner
of
Houses
re-
quired
to
provide
Privy and
Ashpit
for
the same.
Owners
of
Houses
to
keep Privies
and
Aslipit
in
repair.
Penalty.
Power
to
erect
public
Urinals,
&c.
by liiiii,
so
as
to be
a
Nuisaiice to any Person, or injurious to Health
;
and erery Person
who
shall
so
suff’er
any
such
Water to remain for
Forty-eight HOUS after receiving 9otice
from
the Surveyor or other
Officer to tlie Cominissioiiers to
remow
the saiiie, shall for every such
Offence be liable to
a
Penalty not exceeding Forty Shillings; arid
every Person who shall allow the Contents of any l’rivy
or
Cesspool
to
soak
or
flow
therefroin, to the Annoyance of the Occupiers of
any
adjoining Property in
Soolctl/por.t,
sliall for every such Offence
be
liable
to
a
lilce l’enalty
;
aiid it sliall be lawful for
tlie
Coinmissioners to
drain
and
cleanse
out
any stagnant Pools
of‘
Water, and to reiiiove
any
such Annoyance
as
aforesaid, and for that I’urpose to enter,
by
tlieir
Officers and
Workinen,
into and upon any Buildiiig, Land, and Pre-
mises within
Suzitliport,
at all reasoilable ‘l’iines,
aiid
to
do
all
neces-
sary Acts for any of the Purposes aforesaid, aid to
chaye
the Costs
;incl
lkpeiices iiicurred thereby upon the Chier
or
Occupier by whom
such Offence sliall be coiiiiiiittecl,
or
from
whose
l’reiiiises such ,4iinoy-
aiice
shall
soak
or flow
or
otherwise arise.
CSSVIT.
dncl
be
it enacted, That it sli:i11 be lawful for the
Corn-
iiiisqioners to require the Owner of any House in
Soutlyoi’t
to which
110
siifficient Priyy
or
,4slipit is attached, to provicle such Ashpit
and proper l’rivy to
the
same,
in siich Sitnation, not disturbiiig
any
Buildin6 already erected, ancl witli such proper
lhor
and
Covering to
such
l’rivy,
and also snch
fit
niicl
sufficient ilshpit, and in
such
Situa-
tion, not disturbing any Uuildi~ig nlrcady erected, as tlie Coiiiniissioners
slinll
consider requisite for tlie Use of the Inmates
and
Occupiers
thereof; provided that
a
l’rivj- and Ashpit,
or
Tn.o
iiioi’e Privies aiid
hhpits,
mny,
with the .\pprobation of the Coiiiinissioiiers,
he
used
in comiioii by the Tiiiiixtes
:nid
Occupiers of Two
or
iiioi*e siicli
Hoiivs.
CSSVIII.
,bit1
lw
it eii:ictc;\, ‘l‘liat the
Oiviier
of
ever\’
liousc
iiow
biiilt
or
1iere:kftcr
to
bc
IruiIt \vitliin
,Yox(tIq)ort
s~inll
lie+
the I’rivy
and
Mipit ldon~ing to such
IIousc,
or
used
Ly
tlie Iiiiiiates or
Occupiers thereof, in
goo.1
Kepair, to tlie Sntisf;ictioii of the (’oiiiinis-
sioners
;
and if the On-iicr
of
:in?*
IIouse
sliall iiot provide tlie
same
\vitli
n
I’rivy, \\-it11 sucli
Ihor
alid Covwiiig to tlic ianie, ant1 with
such
,2slipit
as
ahrcsaiil,
or
shall
not
repair
the
said l’rivy
xiid
3slil)it
to the Satisfactioii of the Coniiiiissioiiers, iritliin
011~1
Mori tli liest after
Sotice iii TVi-itiiig for that
l’urpose
froiii
tlic Survejwr
to
tlie C‘ominis-
sioners s1i:dl have been give11 to
such
OTVIICI’,
or
left
for
him
at
his
usnd
or
last 1;nown l’lace of
,ibocle,
or up011
or
:iffiscci
to
the
Premises
in respect of n-hich tlie
saiiie
sliall be given, every Owner
so
making
default shall for
c~ery
such
&?fault forfeit aiiy
sun1
not exceeding
Five I’onnds, ancl any further
Sum
iiot csceediiig
Ten
Shilliiigs for
every
IVeeIc during which such l)cfault shall
in
aiiywisc coiitinue
unamended.
P
CSSIS.
And
I)e
it enacted, Tliat it shall
be
lawful
for
tlie Coni-
niissioners to build, form, and erect
sucli
T,7riiials, Kccessaries, and
other similar Conveniences within
SoutItport,
in
such
Sitiiations
as
they shall
deem
proper, for the ilccoiiiiiiodation of tlie
Public,
and
to
defray the Espeiice
thereof,
and any
DLrmage
occasioned to any
Person
by
Cctp.
sxx.
61
5
by
tlie Erection thercof,
ant1
tlie Espence of kecping the same in
good
Order,
out, of the Monies to
be
collected for the l’urposes of the Light-
ing and Geiieral Rate.
Cssx.
,knd
he
it enacted, 7‘hat it sliall
be
lawful for the coni-
Houses
to
be
missioners froni Time to Tiinc to cause the
I
Ioii.;es
and
ltuilclir~p in
nunlimed
all
or
any of the Streets within
,%ut/q)ort
to
I)e
numbered, and to
an(’
Streets
cause to
Le
affisecl
or
printed, in
n
conspicuous Part
of
some House.
Building,
or
l’lace at
or
near
each
I
t‘oriiet-,
or
1htr:ince
of‘
every
such
Street, the X:me by whicli such Street is to be known
;
and if
any Person
shall
destroy, pi111 clowii,
or
defhce
any
such
Number or
Kame,
or
sliall put
up
any Suiiiber
or
Same tlift’ereiit to the Suiiiber
or
Smie
put
up
1)y
tlie (hiinissioners, he sliall forfeit
a
Suin
not
exceeding Forty Shillings for
every
such
Offelice.
n
‘1
me
d.
CSSXT.
,incl
be
it enacted, That the Ckcupiers of Ilouses
and
Numbers
of
other 13uildings in
,%idi/uwt
shall
\)e
bound to renew the Suinbers
IIwses
to
bc
renewed
by
of their respective
IIouses
as of’ten
as
they shall become obliterated
or
defaced.
CIYSSII.
And
be
it ennctcc?, Tliat if the C‘oinniissioners shall con-
Future
pro-
sider
any
Porch, Shed, 1m;jcctiiig ll‘indow, Stcli. Cellar, Cellar
Ihor
jectiolls
to
or
IYindow, Sign, Sign l’ost,
Sigil
Iron,
~1ioi\-l)o:~rd,
TYindow Shutter,
be
re11love(t
011
Notice.
Wall,
Gate,
or
l.‘cnce,
or
:iny
otlier Obstruction
or
I’rqiectioii hcrc>after
to
be
p1:iced
against
or
in front
of
:iny
House
or
Huilding
within
Soufliporf,
to
1:c
an
Aiinoy:itice, in consc~~ucnce
of
the
barne
projecting
into, end;ingcr.iiig,
or
rendciriiig
less coininoclioiis the
l’assiw
aloiig
anp Street witliin tlie 3,iitiits
of‘
this
,id,
it shall be lawful
for
them
to give Xoticc in IVriting to
tlie
Owner
or
Occupier
of
siich
Ilouse
or
13uilding to reiiiov(’
siicli
Obstructioti or l’rc+ctioii,
or
to
altcr
the
banie, in siich Jtniiiier
as
tlic C‘omniissioiiers sli:i11 tliinli fit
;
and
such
Owner
or
0ccul)icr shall, witliiii Foiirteen
Ihvs
after
the
Service
of
such
Koticcb iipoii Iiim,
reiriove
such
(
)bstructioii or l’rojection,
or
alter the
smite,
in SUCh
JIniiner
as
sliall
have
been dircctecl
by
tlie
Commissioners.
”.
CSSS
I
IT.
hi(1
with
regard
to a11 01,strnctions
or
Projections of tlie
Existing
like
~iiic~
as
tliose
More
iiicntioiiec~
w~iic~i
~iaw
been
erectciI
or
1i1:iced
~(~~~~~~~11~
2g:iiilst
or
in
front of any Iloiise
iii
ally
Street
or
p111)lic Place
in
moved,
S‘oirt//~)oi~t
before the 1):issiiig
of‘
this ,\ct,
be
it c~iiacted, That it shall
Coinpensa-
be lawful for the Cornitiissio1iers, if
tlioj-
sliall coiisider any such
Ob-
tion
made
by
structions
or
I’rojcction to
IK
an
~iinoyaiice,
in coiiscqiieiicc of tIie
:::::::.+
same
projectiiig iiito, endangering,
or
rendering
less
co~niiioclious the
Passage along
any
Street witliiii the Liniits of this Act, to cause the
same to
be
i*einovccl
or
altered
as
they shall think fit
:
l’roviclecl ulways,
that the Comniissioncrs slinll
give
Soticc in JVriting of
such
intended
lieinoval
or
Alteratioii to tlie
Owner
and
Occupier against
or
in
front
of whose
House
or
Euilding such Obstruction
or
Projection shall be,
Thirty
Days
before such Altcration
or
lteiiioval shall be commenced,
zr:\l.
shall mnlte reasonable Coinpensatioii out
of
the Lighting and
General Kate to
every
Person
wlio
shall iiicur any Loss
or
Darnage
by
such Removal
or
Alteration.
616
Doors here-
CSSSI\'.
And
bc it enacted, That
all
l)oors, Gates, and Bars, not
after.erected
bhg
Under-ground
1)oors
hereafter t,o
be
erected within the Limits
to
be
made of this Act, leading to anj'
Houv,
l:uilclinq,
Yard,
or
Land,
and
to open
in-
wards.
which shall open upon or 'towards any public Street, shnil
be
con-
structed
so
as to open in or towards such
Hoiise,
12nilding,
Ynrcl,
or
Land
;
and if any such
Door,
Gatc,
or
13ar
shall be constructed
so
as
to open in
any
other Manner
it
slid1 be lawfiil for the Commissioners
or their Surveyor to alter the
same,
and
the
11:xpences
of such Alter,
ation shall be paid
to
the Conmissioners
l)y
the l'ersoii mho shall have
caused such Door, Gatc, or
I3ar
to
be
so
constructed, and such
Person shall, in addition, be liable to
a
Penalty not exceeding Forty
Shillings.
Doors
open-
CXXXV.
And
be
it
enacted, That if any such
Door,
Gate, or
Bar
ing
outwards
already erected within
Xozithpoif
sliall
bcf'ore
tlie pssing of tliis Act
to
be~~~3~~~:
have been
so
constructed
as
to open ontwards towaids
or
upon
any
same
so
that
no
Part thereof opening or when opcn
shall
project
over
any public I\ray.
by
sloners.
c
public Street,
it
shall be lawful for the Coinmissioners to alter the
l'ow€r
to
CSSXVI.
And whereas it
niny
hfippen that
some
of
the Houses
of
remove
Buildings within
S'outJkport
are or inay become in
so
ruinous
a
Con-
ruhous
Or
dition that Passengers passing by
are
in
clanpw
of
their Lives
or
some bodily Harni
from
the falling thereof, or
of
Bricks, Stones, or
dangerous
13
u
i
1
d
i
1:
gs,
after
x;otice.
Timber therefrom
;
be it enacted, 'l'liat on any Inforinntion, signcd
by
Four
or
inore Householders living within
h'oiitJiport,
that any
such
House
or
Buildiiig is in
a
ruinous
or
dangerous Condition, it shall be
lawful for any Two Justices to cause the same to
he
surveyed
by
'I'wo
Surveyors
;
and
if such Surveyors shall present that such House
or
Building
is
in
a
ruinous or dangerous Condition, tlie Commissioners
shall, on Kotice of aiiy such l'resentment being given,
and
a Copy
thereof being laid before them, cause with all convenient Speed
a
sufficient Fence to be put
up
to
giiard
such I-Iouse or Euilcling from
tlie Street, and shall
also
cause Kotice in IVriting
to
lx
given
to the
Owner thereof, if he can
bc
found withiii the said I,iinits, and if not
shall cause such Kotice in TVritiiig to
be
left
at
or
:Lffised iqioii the
said l'remises, to repair
or
take down such
Honae
or Huilding,
as
the
Case shall require, withiii the Spcc
of
Tweiity-one
Dnj.s
then nest
ensuing
;
and if such Owner sliall not repair
or
take
clo~vii
the same
within the Time
so
limited the Coinniis~ioners shall
with
all conve-
nient Speed cause all
or
so
much
of'
such
House
or
lhilclin~
as
shall
be in
a
ruinous Condition or dangerous to Passensers to be taken
down and secured
in
such
Manner
:is
shall from Tmie to Time
be
thought requisite;
and
all
the Charges
of
putting up every such
Fence,
and
of
taking down or securing such ruinous Ilonse or
Euild-
ing., shall from Time to
Time
be paid
b>-
the
Owvner
of
such Home or
Building.
CXXXI-IT.
And be
it
enacted, That if such Owner can
be
found
within the Liniits
of
this Act, and he shall,
on
denialid
of
the
Charges aforesaid, neglect
or
refuse
to
ply
the
same,
then such Charges
may be levied
by
Distress, and any Justice
inay
issue
his
Warrant
accordingly.
CSXXVIII.
And
'1
irc
Es-
per,cc
tu
bc
ielleCl
by
nisti
ess
011
the
Owner-
9”
VICTORIE,
Cap.
xxx.
CXXXVIIT.
And be
it
enacted, That if such Owner cannot be
Indefaultof
found within the Limits
of
this Act, or sufficient Distress
of
his
Goods
the Owner
and Chattels cannot be met with wherefrom such Charges may be
~~~n~&~-
levied, then the Person who shall
at
any Time thereafter occupy any
pier
to
be
such House
or
Euilding, .or the Ground whereon the same stood,
as
liable.
Tenant to such Owner, is hereby rcquiretl to pay the same, and in
default
of
Payment, on demand
by
the Commissioners, the same may
be levied by Distress, ancl any Justice may issue his Warrant accord-
ing!y; and the Owner shall allow every such Occupier a11 Ch:wges
which he shall
so
pay, or which shall be levied by Distress froin hni,
out of the Rent from Time to Time becoming due to him, as if the
same had been actually paid to liirn
as
Part of such Rent
:
aIways,
that no Occupier
SMI
be liable to
pay
more Money in
liable for
respect of such Charges
as
aforesd than what
he
could lawfully
can
deduct
deduct froin the Rent due to such Owner in respect of such Premises
from
his
at the Time of denland iiincle upon him for such Charges, in case he
hilt.
shall pay the same
or
any Part thereof, on
demand,
or
at
the Time
of
the issuing the Warrant of Uistress, in case such Charges
or
any
Part
thereof shall be levied
by
Distress.
CXXXIS.
And be it enacted, That in case any
House
or Building
Power
to
as
aforesaid, or any Part of the same, shall be pulled down by virtue
~~~~s;O
of the Powers aforesaid,
it
shall be lawful
for
the Commissioners
to
Mate-
sell the Materials t,hcreof,
or
so
inuch of the same as shall be pulled
rials
of
down,
and to apply the Proceeds of such Sale in Paynient
of
the
Premises
Charges incurred in respect
of
sucli
House
or
lhilding; arid the
puileddown.
Commissioners shall restore any Overplus arising from such Sale to
the Owner of such E-louse or Euilcling,
on
deinand
;
nevertheless, the
Commissioners, although they shall sell
such
Jlaterials for the
Pur-
poses aforesaid, shall have the same Remedies for compelling the
Pay-
ment
of
so
much of the said Charges as
may
remain clue after the
Application of the Proceeds of such Sale
:is
are herein-before given
to
them for compelling the Payment of the whole of the said Charges.
Provided
Occupiernot
more than he
CXL.
And bc it enacted, That
it
shall be lawful for the
Iiousesmay
Commissioners to allow any Building within
Southport
to be ad-
be set
for-
vanced, for the Purpose of improvinc the Line of the Street or Place
ward.
in which such 13uilding, or any Uuilding adjacent thereto, may be
situate.
CXLT.
And be it enacted, That the Owner
or
Occupier of
every
a at er spouts
House or Buildiiig in, adjoining,
or
near any Street within
Soufhport
to be
af-
shall, within Seven Days next after Service of any Order of the Com-
fixed
to
missioners
for
that Purpose, put up, and for ever afterwards keep in
good Condition,
a
Shute
or
Trough of the whole Length of such
House
or
Building, with
a
Pipe or Trunk to be fixed to the Front
or
Side of
such Building, from the Roof to the Ground, to carry
off
the Water
from the Roof thereof, in snch Jlnnner that the Water from such
House shall not fall upon the f’ersons passing near the same.
CXLII.
And
be
it
enacted, That when any Openiiig is now
or
shall
Cotrerings
hereafter be made in the Paving
or
Soil
of
any Pavement
or
Footpath
~~~~l~~rbe
within
Southport,
as
an Entrance into any Vault
or
Cellar,
a
Door
or
made.
[Local.]
7R
Covering
618
No
Houses
hereafter
built
to
be
thatched.
Hoards
to
be
set
up
during
Re-
pairs.
Penalty for
Refusal
to
erect
Hoards.
Penalty
for
9“
VICTORIB,
cup.
xxx.
Covering shall be iiiacie by the Occupier of such Vault
or
Cellar, of
Iron
or
such
other Materials and in such Manner
as
the Cominis-
sioners shall direct,
and
such Door or Covering shall froin Time to
Time be kept
in
good
Repair by the Occupier
of
such Vault
or
Cellar;
and if the Owner of any such Vault
or
Cellar shall not within
a
rea-
sonable Time make such
Door
or
Covering,
or
shall make ally such
Door
or
Covering coiitrary to the Directions
of
the Commissioners,
or
shall not keep the same when made in
good
ltepair, he shall forfeit
for every such Ofr’ence
a
Sum not exceeding Fire Pounds.
CS1,III.
Aiid
be
it enacted, That
no
House
or
Building hereafter to
be built in or near any Street within
,Swthpo)-t
shall be thatched
wholly
or
iii
part
;
and in case an); such House or Building shall be
so
thatched the Owiier thereof shafl forfeit the Sum
of
Forty Shillings
for every Nonth during which the
same
or
any Part thereof shall
continue to be thatched.
CSI,L\7.
And
lie it enacted, That every
Person
who shall build or
take do~-ii :my
IIouse
or
l~uil&ng whatever within
Sozithpwt,
or
cause
the same to
be
so
done,
01’
~110
dial1 alter
or
repair the outward
or
external Part of any such llouse or other Building,
or
cause the same
to be
so
done,
shall,
where any Street or Footway shall be obstructed
01-
reiidered iiicoiiveiiient
by
ineans of such Work, cause to
be
erected,
before comiiiencing the saiiie, sufficient Hoards
or
Fences, in order to
guard every such House
or
Building froin the Street in which tlie
same inay be situate, together with
a
convenient l’latforin and Hand-
rail, if there shall be sufficient
Space
for the
saine,
to serve as
a
Foot-
may for Passengers outside of such Hoard or Felice,
and
shall continue
such Hoard or Fence. with such Platforin and Handrail as aforesaid,
standing and in good Condition during such Time
as
may be necessary
for the public Safety or Convenience, and shall, in all Cases in which
the same
shall
be necessary, to
pre\
ent Accidents,
light
OT
cause the
same to be sufficiently lighted during
the
Night; and if any such
Persoil shall refuse or neglect
to
erect any such Felice
or
Hoard or
Hatforin, with such Handrail
as
aforesaid, or to continue the
same
respectively standing and in good Condit ion during the ‘l’ime aforesaid,
or
shall not whilst the said Iioard
or
Fence is standing keep the same
sufficiently lighted in tlie Sight, or shall not reiiiove tlie same when
directed
by
the Coinniissioners, within
a
reasonable Time afterwards,
then every Person
so
oReiiding slid1 for every such Offence forfeit
a
Suiii not exceeding Five Pounds.
CXLV.
And be
it
enacted, That when any Building Materials,
Rubbish,
01.
other Things shall be laid,
or
any Hole or Excavation
shall be made, in any of the Streets within
Southport,
the Person
causing such Jlaterials or other Things to be
so
laid,
or
the said Hole
or Excavation to be made, shall,
at
his own proper Expence, cause
st
sufficient Light to be fixed in a proper Place upon
or
near the same,
and continue such Light every Night. froiii Sun-setting to Sun-rising
during the Time such Materials, Hole,
or
Excavation shall remain
;
arid
such Person shall, at his own Expence, cause such Naterials or
other Things, and such Hole or Excavation, to be sufficiently fenced
and enclosed until such Materials
or
other Things shall
be
removed,
or
not
placing
Building
~~~~~i~l~
are placed
or
Excan-
made.
cup.
x
xx
.
or
the Hole or Excavation filled
up
or otherwise made secure
;
and in
case such Person shall refuse or neglect
so
to
light, fence, or enclose
such Materials or other Things, or such Hole or I:xcavation, every
Person
so
offending shall for every
(
)ffence forfeit
:I
Sum not exceeding
Five Pounds.
CSLVI.
Provided always, und be
it
enacted, That in no Case shall Allowing
any such Building Materials or other Things, or such Hole
or
Ex-
$~~~~~jsor
cavation, be permitted to remain within
,%ut/rp)ort
for an unnecessary
Excavations
Time, under a Penalty not exceeding Five Pounds to be paid for every
to
remin
for
such Offence by the
Person
cansing buch BIaterids
or
other Things to
a11
m~eces-
be laid,
01-
such Hole
or
Excavation to
IN
inade; and in any such
‘‘‘’Y
Tllne*
Case Proof
of
the
Secessit,y
of
a
Coiitiiiunnce thereof respectively shall
be upon the Person causiiip such Jlaterials
or
other Things to be
laid,
or
causing such llole or lhavation to be made.
CSLT‘II.
Ancl
be
it enacted, That if any Ihilding or Excavation
Commis-
01%
any other Land or Place contiguous to any Street \vithiri
Southport
sioners
to
shall, for Want of sufficient Repair, Protection, or Enclosure, be dan-
gerous
to
the hssengers along such Street),
it
shall be lawful for the
places
to
be
Commissioners to cause the same to be repaired, protected,
or
enclosed,
rcpaired,and
so
as to prevent any Danger therefrom; and the Charges of such
ExPences
Repair, Protection, or Enclosure shall be repaid
to
the Conirriissioners
by the Owner
of
the Premises
so
repaired, protected,
or
enclosed.
charged
to
CSLVIII. And be it enacted, That it shall be lawful
for
the
Corn-
$o11111iis-
missioners, during such Time
as
:my
Street within
k%zitlipor*t
is
niaking s’”’ers
lnaY
or repairing, or during the iliaking of any Sewer
or
hain by the
Streets
tobe
Commissioners or under their Authority,
to
close such Street
or
any
closecl
ti1Ir-
Part of the same by
such
TVays or Means as they shall think fit.
ing
Repairs.
c
‘I
tise
CXLIS.
And be it enacted, That
it
shall not be lawful to build,
Regulating
in
any Street
in
Southpopt
hereafter to be formed, any
Two
opposite
the
~(lthoF
Rows
of Houses which shall be separated from each other by a Space
of
less than Thirty Feet wide where there shall be a Carriageway
between such Houses, or
by
a
Space
of
less than Twenty Feet wide
where there shall be no such Carriageway.
Streets.
CI,.
And be it enacted, That
it
shall not be lawful to build
H~~~~~
any House in any Court within
Sozttkqiort
which shall not be open for
built
in
the
Space
of Thirty
Feet
at the least froin tlie Ground upwards at one
Courts
to
have
an
End
of such Court, and
so
contiiiuiiig the whole Length thereof, the
open
Spdce
Thickness of any Separation Wall at the other End thereof excepted
;
of
Thirty
provided that
for
the Erectioii
of
any Privies and Ashpits for the
Feet.
said Court, and for the House
or
Houses to the Front thereof, the
Proviso
Entrance
to
the Court may,
if
the Commissioners shall think proper, respecti%
be narrowed to Ten Feet in Width, such Erections not exceeding
Privies,
&c.
Twenty Feet in Height, and being constructed to the Satisfaction
of
the Commissioners.
CLI.
And
be
it
enacted, That the Level of the
Ground
Floor
of
As
to
thc
every House which shall hereafter be built
or
rebuilt within
Southport
shall
be
at
least
Six
Inches above the Level of the Footway
or
Road Floors.
adjoining
620
9”
VICTOICILE,
Cap.xxx.
adjoining such House, whether there shall be a Cellar to such House
or not.
Regulating
Size
OF
Rooms.
CLII. And be it enacted, That no House sliall hereafter be buil tor
rebuilt within
Southport
unless the same shall have at least One
Room
on
the Ground Floor containins One hundred aiid eight, superficial
Feet,, clear of any Stairs
or
Staircases, or any other lieduction, save
One Chimney-breast and Fire-place therein, or which shall have any
Room therein which shall be less than Seven Feet Six Inches in Height
from the Floor to the Ceiling, save tlie Attic Rooms, which iiiay range
Seven Feet in Height from tlie Floor to the Ceiling, aiid Cellars not
used for Habitation, which shall be considered of sufficient lleight
if
not less than
Six
Feet in Height.
Only One
CLIII. And
be
it, enacted, That there shall not be iiiore than One
Story
in
he
Story in any l’art of the Roof of any House which shall hereafter be
built
or
rebuilt within
,Youthport.
Root.
Penalty on
ing
Rub-
bish
into
CLlV. Ancl
be
it enacted, ‘l’hat if any Person shall throw or
lay
any Dirt, Ashes, or Rubbish into or upon any Street,
Way,
or
Passage
within the TJirnits of this Act, or shall tlirow anv noxious or offensive
Streets.
Cellars in
Courts
not
to
be
occu-
pied
as
D\vellings.
Cellars
not
to
be
let
for
Dwellings,
unless
of
a
certain
IIeigli
t.
Matter
or
Substance into
any
Drain, JVell, I’knp,
l’oncl,
lkservoir,
Watercourse, River, or Brook withiii
kSozctJym+t,
(except
such
Night
Soil
as
inay with the Consent of tlie Cornniissioncrs be conveyed into
any Common Sewer from any
Privy
or Water-closet,) he shall for
every such Offence forfeit
a
Sum not exceeding Forty Shillings:
Pro-
vided always, that nothing herein contained shall subject any Person
to such Penalty
by
reason
or on account of any Dirt or Rubbish laid
or placed in any such Street,
Way,
or Passage in the course of
erecting, pulling down, altering, or repairing any Building,
so
that
there
be
left sufficient Space for the passing of Carriages and Foot
Pas-
sengers, and
so
that
a
sufficicnt IJight
be
set aiid
maintained
at the
l’lace where such Dirt or Rubbish shall be laid, from Sunset to
Sunrise,
to
prevent Accidents,
and
such Dirt
or
Rubbish be enclosed in
such JIanner ancl be removed at such Time as the Coiiiniissioiiers or
their Surveyor shall order aid direct.
CLV.
And be it enacted, That it slid1 not be lawful to lct sepa-
rately, except
as
a
Warehouse or Storehouse, or to suffer to be oc-
cupied as
a
Dwelling Place,
any
Cellar under any House
in
any Court
within
Sou
t7qio rt.
CLVI.
And be it enactcd, That from and after the First
Day
of
January
One
thousand eight hundred and forty-seven it shall
not
be
lawfhl to let separately, except
as
a
Warehouse
or
Storellouse, or to
suffer to be occupied as
a
Dwelling Place,
any
Cellar or Room under
any other
House
whatsoever within
Soutliport,
which Cellar or Room
shall be less in Height from the Floor to the Ceiling than Seven Feet,
or
which shall be less than One Third of its Height above the Level of
the Strcet adjoining the same, or otherwise shall not
h:~e
Two Feet
at
least of its Height from the Floor to the Ceiling abovc the said LeJ-el,
with an open Area of
Two
Feet wide froin the Level of the Floor of
such
Cellar or
Room
up
to the Level
of
the said Street, or which
shall
9"
VTCTORILE,
Cq1.
xxx.
62
1
shall not have attached thereto the {'se of
a
Privy and Aslipit, ac-
cording to tlie Enactment herein contaiiied,
or
xliicli shall iiot also
have
a
Window
of
not less than Three Feet Square, or otherwise
of
an Area
of
not
less than Kine
Feet
clear of the Sash Frame, and
a.
Fire-place with
a
Chirriiiey or Flue, or, bcing
ax1
inner or lkack Cellar
let
or
occupied along
with
a
Front Cellar
as
Part of tlie same Letting
or
Occupation, sliall
not
have
:L
ventilatiiig C'himney, (unless sucll
inner or Back Cellar shall be Part
of
a
House
built before the
Coiii-
niencernent
of
this Act,)
or
ivvhich shall not
lie
well and effectually
drained by ineaiis of
a
Sougli or hain being
Oiie
Foot
at
least below
the Level of such Cellar
or
Itoom.
CLVII.
And
be
it
enacted, 'I'hat every Person who shall let
sep-
penalty
for
rately (except
as
aforesaid), or knowingly suffer to
be
occupied lor
letting
Cel-
Hire
as
a
l)melling Place,
my
Cellar or I~ooni within
Sout/t/,ort
lars
as
Dwl-
contrary to the l'rovisioits of this Act, sliall iorfeit not exceeding Five
ling
Shillings for every
Day
during which
such
Cellar or lCooin sliall be
so
occupied.
CLVIII.
And
he
enacted, That the Owner
of
:my Court
or
Passage
Owners
of
or any
Part
of
any
Court or
Passage
within
Sotrt/ipoi-t
shall, to the
Courts
and
Satisfixtion
of
the Commissioners, sufficiently
flag
or lay sucli Court
Passages
to
or
Passage,
or such
Part
thereof
of
wliich he shall lie tlie
Owiic~r,
and
lay with Stone
an
overground 1)rain
or
Clianiiel through,
over,
or
salne.
along the
same,
or
through,
over,
or along such Part thereof'
as
tlie
Comniissioners inny require, and keep the Flagging
of
such Court or
Passage,
or
of such Part thereof
as
aforesaid, aitd also such Drain
or
Channel over tlie
same,
in good Ihpair, to the Satisfaction of the
Comniissioners
;
and the Owner of
any
Court
or
of any l'art
of'
any
Court shall cause the
Houses
therein belonging to
liiin
to
be
suffi-
ciently drained, and
so
be kept and continued to the Satisfaction of
the Commissioners
;
and
if
any such Owner
of
any Court
or
l'assage
Penalty
on
or
of
any Yart of any Court or
Passage
shall not sufficiently
flag
the
Neglect.
same
as
aforesaid,
or
shall not lay with Stone such Drain or Channel
as
aforesaid, or shall iiot repair and keep the saiiie Flagging, and
Drain
or
Channel, or such Part thereof respectively
as
shall belong
to
him, in good l
of
the Coiiiinissioners, or
shall not cause his llouses in any siicli
(
'ourt to lie suificiently drained,
and
so
kept ancl coiitinucd to tlie Sjatiqfaction
of'
tlie Coiniuis4oriers,
witliin One ;\lonth af'tcr Sotice in \Vritiiig for tliat i'uq)ose from the
Coinrnissioners
or
their Sui*veyor sliall have 1)ec.n
give1
I
to
siicli
Owner,
or left for him at his usual
or
last known l'luce
of'
Abode
in
E'rzyZund,
or in
case
such Owner shall be unknown (or out of
f
upon or
affixed to the Premises in respect of wliich tlie saiiie shall be given,
then and in every such Case such Owner so iiinltin~ ckfitult sliall for
every such llefault forfeit any
Sum
not exceeding
Five
Pounds,
and
any further Sum not exceeding
Ten
Shillings for every l\'eek
during which such Default slid1 in anywise continue unamended
;
provided that in lieu of tlie
Flags
a8ny Material or Preparation
ap-
proved by the Commissioners may be used, and in such Case
this
Provision shall apply to such Xtterial or Preparation
so
approved, in
like Manner
as
to Flags or Flagging.
fl'1;S
and
tllc
[I
LOCUZ.]
7s
CLIX.
And
629
Commis-
sioners may
order
Own-
ers
of
Houses
to
whitewash
and cleanse
the
same.
Power to
appoint
B
Person
to
superintend
tlie
Execu-
tion
of
this
Act,
to
bc
called
‘6
In-
spector
of
Nuisances.”
For
the
Re-
eulation and
9’
VICTOKIriE,
GLp.
x
xx.
CLIS.
And be it enacted, That
when
it shall appear to the
Com-
missioners, either from the Report of
ally
duly licensed Medical
Practitioner
or
otherwise, that any House
or
Part
of any House or
the Premises adjoining to any House within
Southport
is or are in
such
a
filthy or unmholesoine Condition that the Health of the Inmates
or
of the Public
is
thereby fiffected
or
endangered, or that the white-
washing, cleansing, or purifying of any House
or
Part thereof would
tend to prevent
or
clieck infectious or contagious Disease which may
have occiirred therein, it shall be lawful for the Coininissioners, from
Time to
The,
if they shall think it expedient, to order the Owner
or
Occupier of any House or Dwelling or Part thereof within any
Town or District to whitewash, cleanse, and purify the same, in such
Manner and within such Time
as
tlie Commissioners
may
deem
rea-
sonable; 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 Neglect thereof; and it shall be 1awf;il for the Com-
inissioners to cause such Ihse
or
1)wclling or any Part thereof to
be whitewashed, cleansed,
and
purified, and to recover the Expence
thereof from such Owner or Occupier; provided that when, on ac-
count of the
Poverty
of such Owner
or
Occupier
or
other special
Circumstances,
it
shall appear expedient to the Commissioners
to
pcy
the whole
or
any
Part
of such Expence,
it
shall be lawful for
thein
so
to do.
CLX.
And be
it
enacted, That it shall be lawful for the Commis-
sioners to noniinate and appoint One
or
niore
Persons to superintend
and enforce tlie due Execution of all Duties to be performed by the
Scavengers appointed under this Act, ancl to report to the Comrnis-
sioners all lheaches
of
thc Rye
Laws,
Rules, and 1:egulations of the
Commissioners,
and
to
point out the Existence of any K‘uisanccs
within
Southport,
and
sucli
Person
slid1
lie
called
“
The Inspector of
Suisances
;
”
and the Coinmissioners shall require such Inspector to
provide
and
keep
a
12001~
in which s1i;ill
1)~
entered a11 Complaints
made by
any
Inhabitant
of
,Cozcthport
of
any
Deficiency in the Supply
of Light or TTater, and of
any
Iiifi-ingement
of’
tlie Provisions of this
Act,
or of the
Bye
Laws,
Huies,
arid
Regulations
niade
by the Com-
missioners
for
the Preservation
of
due (Mer and C‘lcanliness,
or
for
the Suppression of Suisnnces,
as
may
be rcquirecl by the Colrimis-
sioners
;
and such Inspector shall forthwith inquire into tlie Truth
or
otherwise
of
sucli Coinplaints,
and
report upon
tlie
saine to the Coin-
missioners at their nest Meeting
;
and such Report, and the Order of
the Commissioners thereof; sliall be entered in the said
Uook,
which
shall be
kept
at
the Office of the Commissioners, and
slid1
be open at
all reasonable Times to the Inspection
of
any Inhnbitant of
Sozitlqort
or other Person interested
;
and
it
shall be the Duty of such Inspector,
subject to the Direction of the Coininissioners, to in:ike Complaints
before any Justice, and take legal Proceeclings for the Punishment of
:my
Person
or
Persons for any Offence under this Act, or under any
Dye
Laws
made by virtue thereof.
CLXI.
And whereas the Keepers of Lodging: Houses of an inferior
Description
for
the Accommodation
of
Mendicants, Strangers, and
other Persons for the Xigtit
or
other
short
Periods, allow the same to
be
inspection
of
Lodging
9”
VICTORIA,
cap.
xx
x
.
623
be crowcled by receiving
more
Lodgers
than such Lodging Houses
are
Houses
of
an
adapted to contain with
a
due lieprcl to I-Icaltli, and allow Persons
inferior
De-
affected with Fever and other
I)iseases
of
a
contagious Kature to
reinain in thin till Infection
has
been communicated to other Lodgers,
and receive other
Lodgers
into the Apartments and
Beds
from which
diseased l’ersons have
been
removed, witliout any purifying
or
other
disiiifccting Process
;
l)e
it
enactcd, ‘i’hat no Keeper
of
any such Lodging
House
with
Southport
which slid1 be rate(1 to tlic lielief’of tlie l’oor
on
a
less Sum than Ten I’ouncls,
and
wliich shall not
be
a
Public
House
or
Inn
licensed by Jnsticcs for tlic
Sale
of Spirituous l,iquors, shall
accommodate
or
receive such
Lodgers
nnless such
House
shall have
been registered in
a
1300k
to be kept by the Commissioners for that
Purpose
;
and
it shall
l)c
lawful for the Commishioners from Time to
Time to
fix
and
determine
the
Kumber
of
Lodgers
who inay be
acconimodated in each such Lodging House, and the Names
of‘
the
Keepers
of such
Lodging
IIouses shall be recorded by the Commis-
sioners
in
a
Register to
be
kept for that Purpose
;
and the Commis-
sioners may
orcler
that
n
Ticket containing the Number of Lodgers
for
which the lIouse is registered,
and
aiiy
ltules
or
Instructions
of
the Commissioners repding IJtdtli, Clcanliness,
or
l‘entilation, shall
be
hung up
or
placecl
111
a
conspicuous Part of eacli Room into which
Loclgers
are received
;
ancl tlic Keepers of all such Lodging Houses
shall
:it
all Times give Access thereto, when required by any Person or
Persons
appointed by the Coiniiiisuioners,
for
the l’urpose
of
niaking
an Iiispection ancl Inquiry,
or
f‘or
the Purpose of performing any dis-
infecting l’roccss which the Coinmissioners niay
orcler
;
and if
any
Iiec~per of siicli I,odgin$ Houses shall offend against any of these
Provisions
he
sliall be liable for
eacli
such ORence
to
L
I’enalty not
esccediiig Forty Shillings.
scription.
CLSlI.
Riid
bc
it eii:\ctecl, That
it
s1i:ill be lawful for tlie Coniinis-
Comrriis-
sioiiers to set
apnrt
any
lhildiiigs
for
or
to erect
on
:my 1,:tnds
to
be
SIO*’erS
Illay
to
‘hie
think sufficient for the slaughteriiis of C!at,tle, ikasts, and Swine
Houses
to
be
for
the Supply of
,YoiithI)ort
and its Se~phbourhood,
arid
for ever
erected.
afterwards to 111aintiliil ancl improve tlie same
as
they shall think fit
:
Provided that nothing
iii
this
rniasioners or
aiiy
l’crson
fkoiii
an Tndictinent for aiiy Siiis:mce,
or
Commis-
froiii
any
other
le@
l’roceeding, in respect
of
any sucli Slaughter
sioners
to
be
indicted.
House.
prchased
ly
them
such
Slaughter
Houses
as they shall from Time
CilUlt:
Slaut.llter
cont:iiiied shall protect the Coin-
Liability
of
CLXIII.
And
be
it enacted, T1i:tt
no
Place shall be used
or
occnpiecl
No
~~augii-
as
a
Slaughter House within
Southport
which
has
not been
so
used
or
ter
Houses
111
future
to
occupied previously to the Coniinencement of this Act,
or
uiiless
a
be
erected
Licelice for tlie Erection theroof;
or
for the
Use
and Occupation thereof
witllout a
as
a
Slaughtclr
House,
shall have been 1)rwiously obtained froin the
Licence
Commissioners
;
and in case any
1’crson
shall
use
:is
:L
S1:iugLter House
from
Corn-
missioners.
any l’lace withi11
Southport
not heretofore used
as
such, without having
first
obtaiiied
such Licence
as
af;)resaid, such Person
so
oReliding shall
for
e;ivli
Ofleiice
forfeit
a
Suiu
not exceeding Five Pounds
f‘or
such
Offeiicc,
and
a
like Penalty for cvery
Day
after
the
Conviction
for
such Offence upon which the said Offence shall
be
continued.
CLXIV.
And
624
Penalty
for
selling,
&c.
unwhole-
some
Meat.
Officers
may
enter
and
inspect
Slaughter
Houses,
&c.
Occupiers
may
use
their own
Ashes,
Bic.
9’’
VICTORIB,
cup.
xxx.
CLSIV.
And
be it enacted, That if any I’erson shall
sell
or expose
or offer for Sale any uriwholesoiiie Meat or 1’1-ovisioiis in any Place
within
Sou/lqoi*t,
he sliall forfeit
my
Suin not esceediiig Five Pounds
for every such Offence
;
:uid
it sliall
lx
ln-wfu!
fbr
:my Justice of tlie
Peace to ortler any Surveyor or Inspector
of
Suisanccs,
or
other Officer
appointed by virtue of this Act,
or
any
l’olice Coilstable, to seize
aid
destroy such unwholesome Meat
or
Provisions.
CLXV.
And be it enacted, That
it
sliall bc lawful for tlle
Corn-
missioners, or any Inspector of N~isai~ces,
or
other Officers appointed
by
the Connnissioiiers for that
l’iirpose,
and he is hereby autliorized
and empowered,
at
all
Times in the
Uay,
with
or
without any Servants
or
Assistants, to enter into and inspect
aiiy
IIoiisc
or
l’lacc ivliatsoever
within
Southport
now kept or used or
at
any
Time hereafter to be
kept or used for the slaughtering
or
killing of Cattle,
or
for 1;eepiiig or
placing such C:ittle
or
the Carcasses thereof, or any Game, l’oultry,
or Fish therein, intended for the Food of
Xan,
aiid
also any Building,
Shcd,
Yard,
or
Place belonging thereto,
aiid
tlien and there to examine,
search for, and see if any (‘attle, or the Carcass
of
any such Cattle,
or
any Game, Wild
Fowl,
l’oiiltry,
or
Fish, is
or
;ire deposited there; and
in
case such Officer as aforesaid shall find aiiy C‘attlc,
or
the Carcass
or Part
of
the Carcass of ally sucli Cattle,
or
any tianie, \Vild Fowl,
Poultry, or Fish, which shall appear to be iinsouiid
or
unwholesome, or
not fit
for
the Food of Man, or if any such Officer shall find any such
Meat, Game, Wild Foid, l’oultry,
or
Fisli hawked about or exposed
for Sale in any Place within
Sorctlyort
by any I’ersoii wlintboever,
it
shall be lawful for such Officer to seize, take, aiid carry away, or direct
the same to be seized, taken,
and
carried
away
by
any
Servant or
Assistant, for the l’urpose of being brought forthwith
betore
any
Jus-
tice of the l’eace, who sliall orcler the
sani~
to be further inspected and
examined
by
competent l’ersoiis;
aiid
in case
upon
such Inspection
and Examination such Cattle, Carcass
or
l’art
of‘
n
Carcass,
or
Game,
Poultry,
or
Fish, sliall be fouiicl aiid
be
declnred
to
be
i~iisound
or
uii-
wholesoine, or not fit for tlie Food of Man, the said Justice shall order
the saine to be iiiiiiiediately destroyed
or
otlierwise disposed
of
in such
Kay
as
to prevent tlie same from being csposed for Sale or
used
for
the Food of Man
;
and
in case the Owncr or Occupier of‘ aiiy House
or
Place within
Southport
kept
or
used
for slaughtering or killing
of
Cattle, or for placing or keeping any Cattle,
or
the Carcasses
of
Cattle, or any Game, Wild Fowl, or Poiiltry tlic~eiii, or of any Build-
ing, Shed,
Yard,
or l’lace beloiigiiig tliereto,
or
any
other
l’erson, shall
refuse, obstruct, or hinder such Officer fi-om enteriiig into and inspect-
ing the same, or from examining, seizing, taking, carrying away, or
destroying any such Carcass
or
Part of
a
Carcass, or any such Game,
Wild
Fo~vl, Poultry, or Fish, which shall
so
appear and
be
found,
declared, and adjudged to be unsound
and
unwholesome, or unfit for
the
Food
of Man, every such Owner or Occupier
or
I’erson
so
offending
shall forfeit
a
Sum not exceeding Fivc Pounds
for
each Offence.
CLXVI. Provided always,
aiid
be it enacted, That
it
shall and iiiaj-
be lawful for any Occupier
of
any
House
or
l’remises within
Sout?~port
to
keep and remove any such Dirt, Ashes, or Kubbish
as
shall be
made on his own Premises, and shall be reserved
for
Mannre so as
9‘’
VICTORIiE,
Cqi.xxx.
635
the
same
be
not
a
Suisance to the Inhabitants residing
near
such
Premises.
sioners to cause any Footway within
,Cuuthzwt
to
be
swept
or
cleaiised
be
swept*
in such N:inner
mid
at
such ‘Tiiiies
as
they think fit.
~eltiiig House, Melting Place,
or
~oap ~~ouse, or
any
Slaugliter
~~oixse,
order
Nui-
Roiling House for
Offal,
l’ig-htye,
or
eiiclosecl or unenclosed
Yard
or
abated.
Place
for
the Deposit or sifting
of
T,iiiie, Secessary llousc, Dunghill,
Manure
Heap,
or
any 1ianuf:tctory
or
other IZiiilcling, I’lnce, or Xatter,
either already or hereafter to be erected,
n~dq
or comniencecl to
be
carried
011
in
Soictkport,
sliall
be
certified to the C‘oimnissioners
by
any
TWO
legfllly qualified Medical L’rnctitioners to be
a
Xuisance, or iiiju-
rious to the Health
of
tlie Trihabitantq, tlic C‘oiliiiiissioners sliall direct
Complaint to
be
madc before any ,Tistice
;
ancl
it shall
be
lawful
for
any such Justice
to
suminon
the
Person
by
or
on whose Behalf such
Sui-
sance
is
carried on before any
Two
fJ11stices7 ancl such Justices shall
inquire into such Complaint,
:incl
it sliall be lawful for thein,
by
an
Order in JVritiiig
under
their II:inds, to direct
and
order the I’crsoii
by
or
on
diose
Ihhalf siicli Suisancc is c:wriecl
on
to cliscontiniie
or
rernccly
the panic witliin such Time
as
to tlicrii
sliall
appear
expedient
:
Providecl
:dways,
that if it sliall
apptr
to siich .Justices tlist
in
carry-
ing on tlie l3usincss complained
of
tlie best Means then known to
be
available for mitigatiiig tlie Suis:incc
or
tlie injurious Efects
of
such
Business have iiot
been
adopted. it
sliall
be
1:iwful
for
tlicrii to suspend
their final Dcterniination,
iipon
Coiiclition that the
l’erson
so
coin-
plainecl npinst shall undertake to atlopt, within
a
rcnsonnblc
Tiine,
~11~11
JIeans
as
the said fJUstices
sliall
fiiid to
bc
practicalde,
and
order
to
be
carried into effect, for iiiitiptiiig
or
pre\-eiitiiifi the injurious
Effects of such Eusiiiess.
CIXVII.
And
be
it enacted, ‘rliat it sliall
he
lawful for tlie Commis-
Footways
to
6C.
CLXVIII.
And be it enacted, That if
any
Foundry, Candle House,
Justicesmay
sances
to
be
CLSIX.
hd
be
it
enacted, That if any
such Snisance,
or
the
C~use
Daily Pe-
of any such iii,jurious Effects
as
aforesaid, shalll not be discontinued or
nalty during
reincdied
witliiii
siich Time
as
shall
he
orclered by the said Justices,
~~$?‘~~~~
the
l’ersoii
by
or
on
whose
Behalf such Suisance is carried on, kept, after
order
or
made shall
be
liable to
a
I’cnalty
not exceeding Five I’ouiids for
of
Justices.
every
Day
during
diic.11
siicli Suisancc shall be
continiiecl
or
unrenie-
died after the Ksl’iration of
suc.11
‘I‘iinc
ns
aforesaid
:
l’rovidcd
always,
that
when
:my
I’crsoii
wlio shall thiiili liiiiiself aggrieved
by
:illy
such
Order, shall, :iccorcling to tlic l’rovisions contained
in
this
,\ct,
appeal
against
any
sucli
Orclor,
siich
Person
Aall not
be
liable to discontinue
or
reniecly the Suisance,
or
Cause of
the
injurious EEects iiientionecl
therein,
or
to
pay
any Perinlty until after the Espiratioii of
Five
Days
after the Dcterniinntion of such A!ppeal and the Confirmation of such
Orcler, unless such Appeal shall cease to be prosccntcd.
CLSS.
And
be
it enacted, That if
any
Person
shall, after public
Penalty
on
Notice given
by
any Justice
direct in^
I>ogs
to be confined
011
account
suffering
?
“S
to
go
of Suspicion
of
Canine
Madness,
sufier
any
nog
to
be
at
large within
at
Do*
large after
Sozithpoyt
during the
Time
specified
in
such Kotice, every I’erson
so
Notice.
offending
shall
for every Off’ence forfeit
a
Sum
not exceeding Five
Pounds.
[Local.]
7
7’
CLSSI.
And
626
CtL]’.
xxx
.
Dogs sus-
CLXXI.
And
be it enacted, That
it
shall be lawful for any Con-
pected
to be stable
or
ot?ier
Officer :tppoiiited
by
virtue
of
this hct to destroy any
mad
lnay
be
Dog
or
other Aiiinial n-it1iiii
,S‘ozithport
reasonably suspected to be iii
destroyed.
a
rabid State, or to have been bitten by any Dog
or
Animal reasonably
suspected to be
in
a
rabid State.
Pellalty
for
suffering
Inad
Dogs
to be at
large.
CLSXII.
And be
it
eiiacted,
That
tlie Owner of any such
Dog
or
Aniinal
who shall permit the
same
to
go
at
large within
South-
port
after
having
Iiifori
nation
or
reasonable Ground
for
believing
it
to be
in
a
rabid State,
or
to have been bitten by any Dog
or
other
Animal in
a
rabid State, shall be liable to
:L
Penalty not exceeding
Five Pounds.
Cattle foullri
at large in
any
Streets
may
be im-
pountlecl.
CLSSITI.
And be it enacted, That if any Horse, Cattle, or other
Aninid shall at :my Time be found at large in any of the Streets or
Highways within
,~ozitI~poi~t,
wit,hout any l’erson therewith claiming
the sanie,
it
shall be lawful for ally Constable or Officer of Police,
or
for aiiy of the Iiihnbitants
or
Persons residing within
Soutlqiort,
to
seize
ancl
impound
any
such
IIorse,
Cattle, or Aiiiinal in any Common
Pound
within
Soutli~~oi~t,
or
iii
such
other
I’lace
as tlie Coiiiniissioners
shall :qy>oiiit for that l’urpow, ancl to detain the same therein until
the Owner thereof shall for
each
Animal
so
impounded pay a Suin of
Money not exceecliiig Forty Sliilliiigs to the Coininissioners, and also
the
Sum
of One Shilling to the
I’ersoii
irnpouiiding the same, besides
tlic
reasoiiablc Espences
of
iinpouiiding :incl keeping the same.
PenaItr.
Commis-
CLXSIT‘.
And
be
it
enacted, That if the
said
Suns
and Expences
sio11ers
”lay
shall not be paid within Three
Ihys
after such impouiiding
it
shall be
Order
Cattlc
lawful
for
the
Pound
Keeper,
or
such other
Person
appointed by the
impounded
to
be
sold
Commissioners, to sell
or
cause
to be sold any such Animal, but pre-
for Pavment
vious
to
such Sale Seven
Days
Sotice thereof shall be given
to
or
left
of
Penhty
and
Expe:i-
ces.
Persons
guilty
of
Pound
Breach
or
Rescue
ol‘
Distress
be
com-
mitted.
at tlie l)wel1ing
I’Iouse
or
IG.~
of
A~O~C
of tlie ~wner
cZ
such
iinimal,
if the
Owiier
thereof sliall bc known,
or
if not tlien Xotice of such
inteiicied Sale
shall
be given by ,Idvertiseinent to be inserted Seven
Days
before such Sale
in
some
Xewspaper published or circulated
within
S‘outIyort;
aiid
tlie
Jloiiey
arising froin such Sale? after deduct-
ing the
said
Sums
and
the Exlxnces aforesaid,
and
such
other
Ex-
pences
as
niay attend tlic iiiipouncliiig, advertising, keeping, and Sale
of
aiiy
such Aiiiiiial
so
iiiipounded, shall be paid to the Commissioners,
to be by tlwm paid to the Person mliose Property the Animal
so
sold
sliall appear to have been,
and
which Money the Commissioners
are
hereby required to pay
on
deinand.
CLXSV.
And be it enacted, That in casc
aiiy
Person shall release
or attempt to release from the I’ouiid
or
l’lace where the same
shall
be
impounded any Horse, Cattle, or Aniiiial which shall be seized for the
P~crpose
of being inipounded uiider the Authority of this Act,
or
shall
nlay
pull down, damage,
or
destroy the same Pound or Place or any Part
thereof, or any Lock
or
Bolt belonging thereto or with wliich tlie same
shall be fastened, or shall rescue or release or attempt to rescue or
release any Distress or Levy which shall be made under the Authority
of
this Act, until such Horse, Cattle,
or
Animal seized or impounded,
or such Distress
or
Levy
so
~nade,
shall be discharged by due Course
of
LaW,
Law,
every Person
so
offendiiig shall, upon Conviction thereof before
any
One
cJustiw,
he
committed by hiin to the Coininon Gaol
or
House
of
Correction within the Hiinclred of
ITFst
Derby
in tlic said County of
Lawaster,
there
to
remain witliont Bail
for
any Time not exceeding
Three Months.
CLXXVI.
,hid
be
it
enacted, Tliat
it
shall bc lawful
fbr
the Commis-
hver
to
sioners to l’tircliase
:I
Piece
of
I,ancl
with
SozitJ~port
for
the Purpose
of
a
Pound
fbr
stray ,hinials, froin any
l’erson
willing to sell the
stme,
erecting
a
and to
erect
a
l’ouiicl thereon,
:nid
such
l’oiincl
wlieii
iiiatle
sliall he
l’oundtllere.
kept in repair by the Comniissioners, and appropriatecl by them for
on.
ever
as
a
Pound
for
tlie
I’se
of’ tlie Inlinbitants within
Southport.
Land
for
CLXSVII.
And
he it eiiactcd, ‘I’hat
if
any
I~lacksmith, Whitesmitli,
~c~~ty
0x1
Anchor Smitli, Nailni:~l~er,
or
other
l’ersou
using
a
Forge,
and
liaving
1)1~1c~smith
Street
or
Highwty
within
tlic
Limits of
this
Act, shall not
close
such
&cc.
after
Door,
or
fasten the Shutters
or
other
Fastenings
of
such \\’indows, and Sunset.
close
such
hpvrture,
every Evening within One Half Hour after
Sunset,
so
as
effectually to prevent the I,ight from sliining through tlie
Door-
way, JVinclow,
or
Aperture into
or
upon
sitcli
Street
or
IIisliway,
every
Person
so
offiwdiiig
slid1
fbr
cwry
such Offence forfeit
a
Sum
not
exceeding Twenty Shillings.
a
I)oor,
IVinclow,
or
lipertiire
fronting
or
opening into
or
towards any
it,g
Gc.
not
clos-
CJ,SX\Xl.
Ancl
be
it ciiactcd, Tliat if‘ nny I’erson shall wilfullj?
Penalty
for
or
cause
to
l)c
set
on
fire
any C‘liimney witliiii
,SoiitJ//mrt,
lie sliall
for
\t’ilfulI~
every such ORcnce forfeit
a
Sum
not exceeding Five
l’ounds
;
proviclecl
C‘,limncys
oll
iiotliiii~~ lierein containeel sliall
extend
to
any
C’ase
in wliich the
l’erson
fire.
so
setting
or
causing
to
I)c set
011
fire
any Chiniiiey shall be liable
to
be inclictcd for Felony.
sl,t
t
i
iig
9
CLXSIS.
,hi
be it enacted, That if the Chimney of any Person
l’enalty for
shall catch
or
be
on
fire
within
,Southprf,
cvery
Persoii,
being the
allowing
Party occupxiiig
or
using such Chiinney, shall, so often as the same
Cii
i
iiin
ey
to
shall occur, forfeit
a
Sum not esceeciing
Ten
Shillings
;
provided
tllrougll
always, that
sucli
Forfeiture sliall not be incurred if such Person
Neglect.
sliall prove
to
the Satisfaction
of
a
Justice that such Fire
mas
in
now:tys owing
to
Omission, Nclglect, Carelcssiiess,
or
Fault
of
hiinself
or
Servant.
IIC
on
fire
CLSXX.
Ancl
be it enacted, That everv l’erson
sliall
be liable to
I’eiinlty
of
a
Penalty of not iiiore
than
Forty Sliillings*for each
and
every Offcnce
I‘OrtY
Shil-
lings levied
wlio in any Street, \Yay,
or
1’:issag.e
shall coiiniiit any
of‘thc
following
fi,r
the
fol-
Offences
;
(tliat
is
to say,)
lotting
Of-
Every l’crsoii who sliall expose for
Show,
Ilire,
or
Sale
(except in
a
fences.
Narket
or
Xarket 1’l:ice lawfully appointed for that Purpose),
or
feed
on
fodder,
any
Ilorsc~,
Yule, Ass, or
othcr
Siiimsl;
or
show
any
Caravan
or
C‘arriage containiiig any Aninial,
or
any
other
Show
or
public Kiitertainnient
;
or
shoe, bleed,
or
farry any
Horse
or
Animal (escept in Cases of Accident)
;
or
clean,
dress,
escrcise, train,
or
break,
or
turn
loose
ally
Horse
or
Animal
;
or
clean
or
ninke
or
repair
any l’art
of
any
Cart
or
Carriage (except
in
Cases
of Accident diere Repair
011
the Spot
is
necessary)
:
EVWy
Every Person who shall
sufler
to be at
large
any unmuzzled fero-
cious Dog;
or
set
011
or
urge
on any Dog
or
other Animal to
attack, wori-y,
or
put in fear any
Person, Horse,
3Iule,
Ass,
or
other Aiiinial:
Every Person who
by
Kegligence
or
ill
Us:igc
in driving Cattle
shall cause any Mischief to be done by such Cattle,
or
who sliall in
anywise misbehave liiniself in the driving, Care,
or
JIanagernent
of such Cattle
;
and
also
every Person, not being hired or employed
to
drive such Cattle, wlio
‘shall
wantonly aid unlawfully pelt,
drive,
or
hunt
any
such Cattle
:
Every
Person
who shall slaughter any C:rttle,
or
dress any Cattle
or
any
Part thereof, except in the Case
of
any over-driven Cattle,
or
Cattle whicli
iiiay
have iiiei witli aiiy Accident, and mliich
it
iiiay
be impossible to get to any Slaughter House,
and
which the
pubiic Safety
or
other Circumstances
inny
require to
be
killed
on the Spot
:
Every Person,
linving
the
Care
of
any
Waggon,
Cart,
OF
Carriage,
who
sliall ride
on
any Part thereof,
or
on the Shafts, or on any
Horse
01’
other Aniiual clrawing the sniiie, witlioiit having Reins,
and holding the same
;
or
who shall be at
such
n
Distance from
such Cart, \T’agpoii,
or
C:irriage
as
not
to
liarc tlie coniplete Con-
trol
olw
every
Horae
or
otlier Aniriial drawing the
same
;
or
shall
not keep the Wagon,
Cart,
or
C‘ai-riagc
to the
Left
or
Xear
Side
e
of
actual Kecessity
or
soiiie sufficient Reason
for Deriatioii)
;
or
shall wilfully 1)reven
t
any Person
or
Carriage
froni passing
Iiiin,
or
any Carriage
uncicr
his
Care
:
Every
Person
who shall drive
or
use
aiiy
Dog
or
Goat
wliicli shall
be clriven
or
iisecl
for tlie Purpose
of
drawing any W:iggon, Cart,
or
other Carriage,
or
who sliall ride in
or
hnvc tlie
Cai-e
or Con-
trol
of
aiiyM7aggon, Cart,
or
otlier
Cwri:ige
which shall be driven
by
any Dog
or
Goat
:
Every Person who shall drive any
Horse
or other
iliiiriial
clrawing
aiiy Waggon, Cart, or other
suclt
Carriage at any faster Kate
than
a
c0i1iinon Kalk:
Erery Person who shall ride
or
drive fiiriously,
or
so
as
to endanger
the Life
or
T,iml> of aiiy Person,
or
to tlie coiiiiiion Danger
of
the
Passeiigers in
my
Thoroiighfarc
:
Every
Person
who
shall cause
any
piiblic
Carriage,
%dge,
Truck,
or
Barrow,
with
or
witliout
Ilorses,
or
any Horses,
MLh,
Asses,
or
other Beasts of
Thrtlcn,
to stand longer than nxy
be
neces-
sary
for
loading or unloading,
or
for taking
up
or
setting down
Passengers (except Iiackney Carriages,
arid
Horses,
Miiles, Asses,
and other Beasts
of
12nrden staiiding for Hire in
any
Place
appointed for that Purpose
by
the Coininissionerq)
;
and
every
Person
~vho
by
rneans
of
any
Cart, Carriage,
Sledge,
Truck, or
Barrow,
or
any
Horse,
Mule,
Ass,
or
other Animal, shall wilfdly
interrupt
any
yiblic Crossing,
or
wilfully cause any Obstruction
in
any
public
E
ootpath or other public Thorouglifarc
:
Every
f’erson
who shall
draw
any Timber, Stone,
or
other weighty
Article without the
same
being placed upon
or
suspeiided froin
a
wheeled Carriage
proper
for that Purpose
:
Every Person who shall cause any
Tree
or
Timber to be drawn in
or
upon any Tiinber Carriage without having to guide ancl direct
the
9”
VICTORIB,
the hind Wheels
of
such Carriages
a
Person who shall not
lie
under the
Age
of Eighteen
Years,
and
who
shall be
of
sufficient
Strength to guide and direct the same
by
means
of
a
Iiope
01-
Chain attached to the Steerer tliereof
:
Every Person who shall lead
or
ride :~iiy
HOTW
or other Animal,
or
draw or drive any Cart or Carriage, Sledge, Truck, or Barrow,
upon any Footway
or
Ciirbstoiic, or fkteii any
Horse
or
other
hima1
so
that it may stand :xross
01’
upon any Footway:
E\-erp Person IT-ho shall place or lcaw any Fiirniture,
(ioods,
V-ares,
or‘Merchandize,
or
any
Cask,
Tub,
hiket, Pail, or Bucket,
or
place
or
use
my
Standing Place, Stool, Bench, Stall,
or
Show-
lioarcl, on any Footway
;
or shall place any Blind, Shade,
(
’overing,
or
Awning over
or
along any such Footway, unless such Ulintl,
Shade, Covering,
or
Awning shall
be
Eight Feet in
IIeight :it
least in every
Part
thereof from the Surface
of
such Foot~vay,
and shall extend over the whole Breadth
of
such Footway
:
Every I’erson who shall place, hang up,
or
otherwise expose
to
Sale
any
Goods, Wares, Jlerchandize, Matter,
or
Thing what-
soever,
so
that the same shall pject into
or
over
any
Footway,
or
beyond the Line
of
any
House,
Shop,
or
Ihilding
at which tlie
same shall
be
so
exposed,
so
as
to obstruct
or
incoininocle tlie
Passage
of‘
any Person over or along sncli Footway
:
Every Person
who
shall roll or carry any
Cask,
‘l‘iib,
lloop, or
Wheel, or any Ladder, Plank,
l’ole,
Timber, or
Lop
of
TVood,
upi
any Footway, except for tlie Purpose
of
londinp or unloacling :iny
Cart or
Cwi-riage,
or of
crosiiiig
tlie Footway
:
Every Person who shall suffer any
(;oods
or
Mcrchanclizc,
or
any
Coal
or
Fuel iiitendecl for any
House,
to re~iiaili in any htreet
f&
a
longer Period than shall
be
necess:iry for tlie housiiig
OT
IT-
moving thereof
:
Every Person who slinll place any Line, Cord,
or
Pole
:icros’~
;my
Street
or
public Thoroughfare,
or
hang or idace
any
Clotlies
thereon, to the Danger
or
Obstruction
of‘
any Person
:
Every Person who shall carry or convey,
or
cause to be cnrried
or
conveyed, the Carcass
or
any Part
of
the Carcass
of
any newly
slaughtered Cattle without
a
sufficient Cloth Covering
to
the
same
:
Xvery common I’rostitute
or
Si
\V:tlker
loiteriny
or
being in any
Thoroughfare or public Place, for the
l’iirpose
of’
Proditution
or
Solicitation, to the Annoyance
of
the Inliabitairts
or
L’:i+engers
:
Every Person
who
shall
dfdh
and indecently
expose
his
Person
:
Every Person who shall sell or‘clistributc, or
offer
for
Sale
or
I&-
trihution,
or
exhibit
to
public T-iev-, any l)rofme, indecent,
or
obscene Book,
Paper,
Print, l)rawing, Paintiiig, or Keprescntation.
or
sing
any
profane, indecent, or obscene Song
or
hllad, or
TI
rite
or
draw any indecent
or
obscene Word, Figure,
or
lic~~~r‘~s~ntation,
or use any profane, indecent,
or
obscene I~n,rruaye,
to
thy Aiinoy-
ance of the Inhabitants
or
Passengers
:
Every Person who shall
use
any threatening, abusive, or insulting
Words
or
Ilehaviour, with lntent to provoke a Breach
of
the
Peace,
or
whereby
a
Breach of the L’eace
may
be occasioned
:
Every Person who dial1 blow
any
Horn,
or
use
any other noisy
Instruinent,
for
the
Purpose
of
calling Persons together,
or
of
[
Locnl.]
7
7’
announcing
630
Yo
VICTORIB,
cap.
xxx.
announcing any
Show
or
Entertainment,
or
for
the Purpose of
hawking, sellinv distributing,
or
collecting any Article whatso-
ever,
or
of obtaining Money
or
Arms:
Every Person who sliull wantonly discharge any Fire-arms,
or
throw
or
discharge any Stone
or
other Missile, to
the
Damage
or
Danger
of any Person, or make any Bonfire,
or
throw or
set
fire to
any
Firework
:
Every Person who shall wilfully and wantonly disturb any Iulia-
hitant, by pulling
or
ringing any Door Bell, or knocking at :my
Door, without lawful Excuse,
or
who
shall wilfully and unlawfully
extinguish the Light of any
Lamp
:
Every Person who
shall
fly any Kite
or
I’igeon, to the Annoyance
of’the Inhabitants
or
Passengers
;
or
\vho
s1i:ill niake
or
use
ally
Slide
upon
Ice
or
Snow, to the coliinion
Danger
of’
the Passengers
:
Every Person who shall
burn.
dress,
or
cleanse any
Corl;
;
or
cleanse,
lioop,
fire,
WELS~,
or
scald nny
Cask
or
Tub
;
or
hew,
saw,
bore,
or
cut
:~ny
Timber or Stone
;
or
slack, sift,
or
screen any Lime:
Every Person who sllall
throw
or
lay
any
Stones, SI:ttc, Sliells,
Lime, Bricks, Timber,
TI-on,
or
othr Materials, except 13uilcliIig
Materials,
or
the Rubbish thereby occa4oned, according to
the
Provisions herein-before contained
:
Every l’erson
~110
shall beat
01’
shake any Carpet,
llug,
or
Mat
(cscept
Door
Mats hcfhre the Hour of 1GgIit in the Morning)
:
Every Person
who
shall
fix
or
place any
Flower
Pot
or
Box in any
upper JVinclow without suficieiitly gwirding the saine against
being
Iilown
down
:
l:~-ery
Person
who
shall throw
or
cast
from
the Roof or
any
Part
of”x.ny House
or
other 1Jiiilcliiig any Slate, 13i*ick, I’art of any
Brick,
\\‘oocl,
l:nbhisli,
or
other Xaterid or Tliing
:
Every
l’ersoii
who,
without
the
(’onscnt of the Owiier
or
Occupier,
shall
affix
any l’osting 13ill
or
other l’aper
upon
any 13ui!ding,
TYall,
F‘cncc,
or
I’xling, or \\.rite ul)on, soil, deface,
or
11i:irk
any
biich
liiiil(ling,
\\Tall,
k’ciicc,
or
l’aling, with Cliulk
or
Paint
or
in
:m~.
other
l\‘ay
\vli:itwc1ver
;
or
ivilfiilly
bred
destroy, or claniage
any
I’art of
:my
siicli
Biiildiiig, 7Va11, Fence,
or
l’aling,
or
any
Fisture
or
.~lq)eiidngo tliereuiito,
or
alij- ‘I‘ree,
SIirul~,
or
Sent in
any
1)iil)lic
lY:ilk,
l’ark,
or
G:ircleii
:
l
l’erson who sliall c~spo~e any thing
for
Sale in any Park
or
puhlic Garden, uiile+s wit11 the
Coliscbiit
of
tlic
Owner
of
sucli
Park or Garden,
or
other l’ei*son :iiithori;scd to +\-e sucli
Concent
:
Fvery
l’crson
who,
to
the
1)angc.r
of 1’:issengers in
my
Thorough-
fhre,
shall
leave open any \‘ault or Cellar,
or
the Entrance
froni
any Thoroughfare to any
Cellar
or
1:ooni under C;rouncl, witliout
a
siifficieiit Fence
or
Ilandrail
;
or
leave
def’ectivc
the
lhor,
TYiii-
dow,
or
other Covering
of
any
I-anlt
or
Cc>llar
;
or
who
sliall
not
sufficiently fence any Area, l’it,
or
Scwcr
left ol~eii in or atljoiniiy
to any
‘l’lioronghf‘arc
;
or
who sliall leave sucli
open
Area,
l’it,
or
Sewcr
without
a
sufficient
Liglit
after
Sunset to
warn
aid preve~it
l’ewons
from filling thereinto
:
Every Person who shall throw
or
lay any Dirt, Litter, or Ashes, or
any Carrion,
Fish,
Offal,
or
Rubbish,
011
ally
Street
;
or throlv
or
cake any sucli Thing to fall into any Sewer, l’ipe,
or
Drain, or
into any Well, Streail, or Watercourse, ~oiici or Reservoir for
Kater,
P’.
9”
VICTOKI&,
cap.
xxx.
63
1
Water
;
or
cause any offensivc Matter to
run
from
any
Jlanufac-
tory, Brewery, Slaughter
1
iouse,
Butcher’s
Shop,
or
Dunghill,
into any Street
or
other uncovered l’lace, whether
or
not
sur-
rounded by
a
JYall
or
Fence
:
Provided always, that
it
shall
not
be deemed an Offence to lay
Sand
or
other Materials
in
any Street in ‘l’iiiie of
1:rost
to
prereiit
Accideiits,
or
Litter
or
other Materials to prevent tlie freezing
of
Water in l’ipes,
or
in
case of Sicltness to prevent Soise,
if
tlie I’arty hying any such
Thing shall cause them to
be
removed
as
soon
as the Occasion
for
them sliall cease
:
Every l’crsoii
who
shall keep any I’ightye to the Front of any
Street, not being sliut out froin such Street by
a
suflicient Wall
or
Felice,
or
who shall
keep
any Swine in
or
near any Street
or
in
any Dwlliiip
so
:is
to be
a
coininon
Kuisance
:
Every I’ersori who shall within the 1)istaiice
of
()ne hundred
>-urds
froin
:my Ihvelliiig IIouse
burn
any
1L:igs
or
ally
ofcnsive Sub-
stance,
so
tliat tlie same
shd1
become
a
common Nuisance
:
Every l’ersoii who shall
place
or
keep any offensive Matter in any
enclosed
or
open
Ground withiii One hundred
Yards
of
any
Dwelling House,
so
as
the same niay become
a
Xuisance
or
Annoyance to any Inhabitant.
CLSSSI.
And
be it enxtecl, Tliat
it
shall be lawful for the
Coni-
vomniis-
inissioiiers to direct any l’roseciit ion for any pul)lic Suismce whatso-
s’oi’ers
to
order
Costs
ever ~vliich shall be permitted
or
suffered withiii
Soiitlqort,
and
to
Prosecu-
order
I’rocecdiiigs
to
l,e
taken for tlie Kecovery
of
aiiy
l’eiialties, :tiid
tions
to
be
for tlie Puiiishiiieiit of
tuiy
I’ersoiis
offeiicling against the Provisions of
paid
out
of
this Act, ancl to direct
ancl
order
tlie
~
of
such I’rosecutioii
or
the
‘‘ates*
other l’rocccdinjis
to
be
Imid
and
boriic
by and out of thc Lighting
and
Cener:il lhtc aiitlioriaecl to
be
iiuposcd
unclcr
tlie Provisions
of
this :let.
CT,XSSII.
ilnd
IK
it enacted, Tliat nothing
in
this Act cont:iinecl
Act
m
to
shall
be
coiistruecl to render lawful
any
Act
or
Oinission
011
tlie Part
affect
Nui-
of
any
I’ersoii
wliicli
is,
or
hit
for
this Act would be, deemed
and
smces
at
Common
adsjudged to
be
a Suisaiice at Corniiion
Law,
nor to eseiiipt
any
Person
I,aw.
cuiltv
of
Suisaiicc at
Coiiiiiioii
Law
from
l’rosecution
or
Action
L2
J
111
rcspec t thereof,
accordiiig
to the
Forms
of’
I’roceecling at Coiiiinon
Law,
nor
from tlic Coiiiriioti Law Coiiseciuences upon
a
C’onviction
thereof: l’roviclccl alwaj~s, that if’ any
l’ersoii
coiivicted of
:~ii
Offeiice
uiider this Act shall liave picl the whole Aiiionnt adjudged to be paid
under such Conviction,
ancl
tlie Costs thereof,
iii
every such
Case
he
shall
be
released from :dl further
or
other criiiiiiial l’roceediiigs
for
the
same
(
)ffence.
CLSXSIII.
Ancl
be
it eiiwctcil, That it shall be lawfd
for
the
Corn-
Commis-
inissioiiers from ‘l’iiiie to Tiinc to cause the several Streets and
sioners
to
Thoroughfares witliin
Southport,
or
srich
of
them
as
tliey sliall think
proper, to be lighted with Oil
or
Gas
or
otherwise, at
such
‘rimes
and
lighted,
in such Manner as they sliall tliirik fit, and to provide, lay,
and
affix
sue!! Imiips,
Lamp
Posts, Lamp Irons, l’ipes, and other
JTorks
as
may
be necessary
for
that Purpose.
be
CLXSXIV.
And
$1”
VlCTORIrE,
cup.
sxx.
Commis-
CLSXXIV.
And be
it
enacted, That it shall be lamful for the
sioners
”“J’
Commissioners to contract, for any Period not exceeding Three Years
contract
for
lighting
at
any One Time, with the Owners
of
any
Gas
Works, or with any
Streets.
other Person or Persons,
for
the Supply 6f such Gas or Oil, or any
other Means of lighting,
as
thc Commissioners may think necessary
for lighting such Streets.
For
ascer-
CLXXXV.
And be it enacted, That if thc Commissioners and the
tainingl’rice
Owners
of
any
Gas
Works that may l)e constructed within the Town-
ship of
Xwth
Meols
shall not
agree
as
to thc l’ricc to be paid for
such
to
be
paid
for
Gas
in
case
of
Dis-
supply, then such l’rice shall be ascertained
by
Two Persons, one of
pute.
whom shall
be
appointed by the Conirnissioners, and the other by the
other
Party,
or
in case they shall
not
agree about tlie same, then by
such
Third
Party
as
shall have been norniiiated for that
Purpose
by
such
Two
Persons before they shall have entered
upon
the Mattel-
of such Reference.
Power
to
CLXSXVT.
And be
it
enacted, That
it
shall be lawful
for
the
Com-
Commis-
missioners to maiiuf:icture
Gas,
and to provide Gasometers aiid
all
sioners
to
Apparatus and JIachinery necessary
for
tlie Purpose, and to purchase
manufactui
c
Gas,
and
to
or
rent any Land not exceeding Four Acres ~rhich
may
be necess;iry
provide
.\p-
for the Establislnncnt
of
Gas
\\rorks,
and
also
to
sell,’
clispose
of,
or
paratus,
&.
manufacture the Refuse of any such Gas,
and
also in like AIaiiiier to
contract
for
and to purchase any
Gas
Works arid
Gaq
Apparatus
within
Sozrthpoyt
;
and upon any C’ontract being made
or
entered into
by
the Commissioners with the Owner
or
l’roprietor of any
Gas
Torks or
Gas
Apparatus within
Sozithpov*t,
for the Purchase
of
any
such
Gas
\Vorks
or
Gas Apparatus,
it
shall
be
lawful for
snch
Owner
or
Proprietor to sell and convey the same, and
all
the Right and
Interest of
any
Person in the said Gas
\Torks
or
Gas
Apparatus, to the
Coinniissioners,
for
such
l’rice
or Consideration
as
sliall be agreed upon
for tlie Purchase
of
the same.
Accounts
as
C‘LXXXVII. And
be
it enacted, That the Comniissioners shall and
to
ExPerlce
they are hereby required, from Tinic to
Tiiiie,
after suvh
Gas
Worls
shall be set up and established or pnrchased
1)y
them
as
aforesaid, to
to
be
kept
eiiter or cause to
be
entered in a
Book
or
130olis
to be kept l)v their
separatc.
Treashrer
or
Clerk true and regular Accounts, separate and distinct
from the other Accounts by this Act tlirccted to be kept, of all Jloiiies
which shall be received, laid out, and espendcd, under the l’rovisions
of‘this -kt, by or on account
of
the
Commissioners, in respect
of
the
said Gas Works, and of the several i4rticles, Matters,
or
Things for
which such Monies shall have been received, laid out, and expended
;
aid the Commissioners shall and
may
from
Time to Time inclitde and
charge in the general Accounts to be kept undey tlie Ih~ctioiis
of
this Act, and take Credit in tlie said separate Account relative to thc.
said
Gas
Works,
for such Prices or Sums of Money for supplying with
Gas
the Lamps for lighting the Streets within the said Town
of
Sozcth-
port,
to be lighted by thein under the Provisions of this Act,
as
the
Commissioners shall think reasonable and proper.
of
Gas
and
Gab
II’orks
1’0
15.
e
r
t
0
break
‘1’
Streets,
aiid
CLXXSTIII.
And for the Purpose of enabling the Commissioners,
or
any
Person
or C’onipanp with
w11om
t~ic C‘ominissioncrs may con-
tract,
tract, to light the Streets or Thoroughftms within
Sozttliport
or
any of
them, if
and
when the Commissioners shall have becoiiie entitled
to
manufacture
Gas
under
the
Powers
in this Act contained,
be
it
enacted, That it shall be lawful for the Commissioners,
or
any
Com-
pany or Person with whoin the Corniiiissioiiers may contract for
lighting the said Streets or Thorouglifares,
or
any
of
theiii, under the
Control and Direction
of
the Comniissioiiere, to break up tlie Soil
or
Paveinent of any Street within the Limits of this Act, and to lay and
fix
therein such I’ipes, Lamp l’osts, and otlier JVorks
as
they
or
he
inay deem necessary
for
lighting tlic
same,
aiici :ilso
to
lay and place
against any
JIousc,
l~uilcling,
ailcl
Lnclo>urc sucli l’ipcs, 1,21n1) l’osts,
Lamp Irons, Lamps, and otlier
\\’oh
as they may deeni
necessary
for the
Purposes
:ifores:iid
:
l’rovidetl always, timt t
lie
Cloiiiinissioiiers
or
other Persons
as
aforesaid
shall not lay
or
coiitinue
any
Lanip,
Lallip Post, Lamp Iron, i’ipe,
or
otlier
\Vork
against
or
through
:my
private Building,
Eiiclosurc~,
or
I,and, except with the Consent of
the
Owner
and Occupier
thereof’.
CLXSXIX.
And
be
it enacted, That
when
tlie Soil or Pavement
of
any Street
or
‘l‘liorouglifare within
Sout//port
sliall be opened
or
broken
bp
tlie Coni1iiissioiicrs,
or
any Conipaiij-
or
l’ersoiis coiitmcting
as
aforesaid, they shall with all convenicn
t
Spec1
complete tlie
\\-ark
on account of which the saiiic sliall be brolteii 1113, :incl
fill
in the
Ground
niid
lrlalie
good
tlie
Soil
or
l’avenient
bo
opc‘ned
or
broken
~ip,
and carry
away
tlie ltubbish occasioiied thereby, and shall in the
ineantiiiie cause
the
l’lace where such Soil
or
l’ar-ement shall
be
opened or l)rol
be
fi~ncccl mid guarded, ancl shall set up
and
maintain upon
or
against tlic I’urt
of
tlic said Soil
or
I’awiiieiit
so
broken up or opened
a
sufficieiit Light during every Sight that such
Soil or Pavemelit shall
be
continued open
or 1)rol;en
up.
CXC.
And
be
it
enacted,
That
if
tlie Conmiissioners,
or
any
Company
or
Persons contracting
as
aforesaid, shall niake ally un-
necessary Delay in conipleting any such Work,
or
in filling in the
Ground
or
making
goocl
the Soil or ‘l’ai-einent
so
opened
or
broken
lip,
or
in carrying away tlie liubbish
so
occasioned
as
afbresaicl,
or
in
causing
to
be
fenced, guarded,
or
lighted tlie l’lace
vhere
such
Soil
or
Pavement shall have lwei1 broken
LI~,
tlicp
hliull
forf’eit
:L
Sum
not
esceecliiig Five Pounds
fbr
every biicli )rl’eiicc,
:!nd
tliej shall ibrf‘eit
:in additioiial
Sum
of
1:orty hhillings fhr
c~ery
I):XJ-
flixt
any
such
iiiinecessary 1)elay
as
;ifores.aitl shall continue
after
the lkpiration
of
Twent,y-four lIours froin tlie ‘I’irne that such uiiiieccsary Delay sliall
have commenced.
CSCI.
And be
it
enacted,
That
if
aiiy
Person
slid1 wilfully
break,
throw down,
or
damage
any Lainp, Imiip Iron. Lamp Post,
or
the
Fur.
niture thereof, or wilfully estiiiguish the Light of
any
such Lamp,
it
shall
be
lawful for any Person who shall
see
the OfYence com~riittecl to
apprehend,
and
also for any other Person to assist in apprehending, the
Offender, and by the Authority of this Act, aiicl without any Warrant,
and to deliver him to any Constable,
who
is to keep him in safe Custody,
ancl with all reasonabl;
1
)espatch to con\-ev hiin
1)efhre
any Justice,
and
such ,Justice
shall
es:iiiiine
UDO~
Ojth
31:~-
Il-itness
idio
shall
6‘33
lay
clown
I’ipes,
&c.
Sot
to
lay
\v
1
t
I1
ou
t
Consent.
l’lp,
&c.,
Streets
broken
up
to
be
reinstated
\vi
t
h
o
u
t
Delay.
I’cnalty for
Delay in re-
ins
t
a
t
i
ng
the
Streets.
Penalty for
15
ilfully
de-
stroy.ing
or
i
11
j
Li
1‘1
ng
Lamps.
[
Locctl.]
r;
s
634
9”
VICTORIB,
cap.
xxx.
appear or be produced
to
give Evidence touching such Offence
;
and
if the
Party
accused shall be convicted of such Offence, either by his
Confession, or upon
such
Evidence
as
aforesaid, he shall forfeit any
Sum not exceeding Forty Shillings for every Jiglit
so
extinguished,
or Lamp, Lamp Iron,
or
Lamp I’ost
so
broken, thrown down,
or
damaged,
and
shall also make full Satisfaction for the Damage which
shall
haw
been
done thereby
;
and One Moiety of such Forfeiture
shall be paid to the Person apprehending
such
Offender, and the
other Moiety shall be paid to the Treasurer for tlie ‘l’ime being of the
Commissioners.
In
tilc
case
CSCII.
And
be it enacted, That if any Person shall carelessly or
of
Lamps,
accidentally break any of the said Lamps, Lamp Irons,
or
lmnp
Posts,
src*,
being
or
do
any other such Damage or Injury as herein-before
is
mentioned,
accidentally
broken,
Jus-
and shall not upon demand make Satisfaction
for
the Uaniagc
or
In-
tices to set-
jury
so
done, it shall
be
lawful for any Justice to suinnioii
the
Party
tle
$le
Corn-
complained of to
appear
before hini or any other Justice
;
and such
p
I
ai
ii
t.
Justice shall examine tlie Natter
of
Coniplnint,
ancl
award
such Sum
of
Jlpney
by
way
of Satisfaction for such Dunage
as
such Justice
shall think reasonable.
Service
CSCITT.
And be it enacted, That every Branch
or
Service Pipe
Pipes
to
‘le
which
shall
be used for lighting with
(;as
the Streets or Thorough-
kept
fully
cl,a,.ged.
fiires within
Sorithport
shall be kept fully charged with
Gas,
and tlie
Stol’cocls sliall be
so
turned as not
to
iinpede any such 1Smncli or
Service Pipe being
filled
with
Gas
during the Time tlie same shall
be lighted.
Poivcr
to
CSCIV.
And
be
it
enacted,
Thut
it shall b: lawful fur tlic Coin-
Commission-
missioners, if they
shall
manufacture
Gas
for lighting
the
Streets
and
c~S
to
CUP-
‘l’horoughfares
witliin
,Coi(tIiporf,
to supply
any
l’erson with
(;:IS,
on
ply
Indivi-
duals
wit!i
such
Tcrins
and Conditions
as
shall be
agrcetl
u1)on bet\~ccii the
Com-
Gas. iiiissioners
and
such Person
;
aiid
for
tlie 1’uq)ose of sup1)lying any
such Person with
Gas
the Comniissioricrs shall
liax
the
sanic
Vowers
of
breaking
up
the Soil
ancl
Pavement
of
any
Street
01-
Thorouglifkre
within the Limits of this i\ct, and laying
and
fisir,g ally l’ilws and
other
\Vork
therein,
as
are
hereby graiitecl to the C‘oiniiiis~ioncrs
f’or
the l’iirpose of lighting any Street or ‘I‘liorouglifftre witliin
South~m~t.
ltecovery
of
CXCV.
And
be
it
enacted, That if any
l’crson
siipplied with Gas
Gas
Itate
of’
by the Commissioners shall neglect to p:iy any Itate, Rent, or
Sulh
of
ICas
20z*
Xoney due to them
at
any of the Times which
iiiny
liave been agreed
011
for the Payment thereof, it shall
be
lawful for tlic Coinmissioiiers
to stop the
Supply
of
Gas
to such l’erson,
l)y
cutting
off
the Scrvice
Pipe to the Premises of such Person,
or
by such Means
:IS
tlic Corn-
missioners shall think fit,
and
to recovcr
tlic
Kate, lient, or
Sum
due
from such Person, if
less
than Twenty
l’ounds,
togctlier with the
Espences
of cutting
off
such Supply
as
aforesaid,
and
the
Costs of
recovering the saiiie, by the
same
Rlcaiis
as
any
Damages
for
the
Recovery of which no special l’rovisioii is contained in this Act are
If
more
than
hereby directed to be recovered
;
or
if the
Rate,
Rent, or
Sum
due
“01.
shall amount to Twenty l’ounds or upwV;wls, it shall be lawful for the
Commissioners to recover the same, together with the Espence of
cutting
9”
VICrI’ORI&
Ccy.
xx
x.
cutt,ing
off
such Supply, in any
of
the Superior
Courts,
by Action of
Debt or
on
the
Case.
CSCVI.
I’rovidcd
always,
ancl
be it enacted, That if any Person
supplied witli
Gas
by
virtue of this Act shall sul)ply :my other Person
with
any
Part
of
such
Gas,
or
if
any
Person, beconiing the Occupier of
any
House,
Shop, Biiilcliiig,
or
I
’lace previously supplied with
Gas
by
tlie Corninio4oiiers
for
anv former Occu1)ier or
for
any other l’erson,
shall use, consuine,
or
b,u.;i,
or
begin to
use,
consume,
or
lmrii, any
as
supplied
by
tlic Coniniissioiiers, before he
shall
haw
given Kotice in
Writing
to
tlie Clerk of
tlie
Coniiiiissioners
of
his Intention
so
to
do,
every
Person
so
oReiidiiishall
for
every such Ofl’ence forfeit and pay
to the Coinniissioners ally Suni not exceeding
Fire
l’ounds, in addi-
tion to tlie
J7alrie
of such
Gas,
or
to such Kent
or
Sum
of
31onc.y
for
such
Gas
as
sliall 1i:~ve
l)ecn
contracted to be paid by the last
pre-
ceding Occupier of the same l’reinises, in proportion to the Time tlie
saiiie
shall
be
so
used, consunied,
or
burned, such
J7alue,
Rent,
or
Sum
of Money to
be
ascertaincd by any Justice.
CSCT’lT.
ahl
be
it enacted, That it shall
be
lawful for any Clerk or
other Person ciiil)lo~ecd
1)y
the Coiiimissioners, between tlie
Hours
of
Xine in tlie Morning and Kine in the Evening of ally
Day,
to inspect
any
l!iiilcling
or
Place
liglitecl with
Gas
supplied
by
the Coriimissioners,
in
order
to ascertain wlietlier in any sncli Builtling
or
1’l:ice
a
greater
Suiiiber
of‘
Jets
or
1,iglits of
Gas
supplied
1)y
tlic Coiriinissioners sliall
be
used
than s1i:ill liar-e
hcn
:i,qced
fi)r
with
tlie Coiiiinissioners,
aiicl
wlic~tlicr
:iiiy
Aperture
dial1
be
wider than
agrc~d
for \\itEl
tlie
Corn-
iiiissioners, ancl wlietlier
:my
Mctcr \vliicli inny be
used
for
ascertaining
the ()aantity of
(;as
consunied
or
supplied sliall
be
in
any
;\Ialiner
altered, fdsifietl, injured,
01-
clcstroj-ecl.
C’XCJTIIT.
I’rovi(1ed al\~-:iys, and be it enacted, That if
any
Person
sIia11 p1:iu~
or
c:iii+e
to
I)C
l)~accd
ani- Yi1)e
or
~uriier to coiniiiunicate
u-it11
:iiij-
l’ipc bcloiigi!ig
to
the Coiii;nissioners, without the Consent
of
the Coiiiiiiis~ioiicrs,
or
sliall
kiiomingly
use
any Burrier
of
larger
Nmensioiis,
or
nioi’cf iii Suinber,
or
fbr
a
greater
Space of Tiiiie than he
shall
linvc
coiitractecl
or
paid
fbr,
PO
as
to wiste
or
inipropc‘rly in-
crea-e
tlie C(onsuinptioii
of’
(;as,
lie
slid1 forfeit to
the
Coiiiiiiissioriers
the
Suni
of
Five Sliilliiigs
ibr every
l>ny
eucli
sucli
Pipe
or
Xurner
shall
>o
coniinuiiicate,
or
each
such
1:urnc.r
of
larger
1)irnensions
or
inorc
iii
Sninlxx
tliuii contracted
for
sliall
bc
used,
or
such
Excess
shall
he
so
corniiiittccl.
CSCIS.
hicl
be it eiiacted, ‘l’liat if
any
l’crson
sliall
wilfully
reinove, destroy,
or
daina;~
ail]-
l’ipe, l’edestal, l’ost,
Hug,
or
other
S1)l)aratus
or
‘~iing
Iwloiiging
’
to tlie t‘oniinissioners,
or
maste
or
iiiy)mperly
use
any
of
tlie
(:as
siipplied
bv
the Commissioners;,
lie
shall
for each such separate
ancl
distinct
Oifencc
forfeit any
Sum
not
esceeclirig Five
Pouii(ls,
:incl
Jiall
py
to the Commissioners Treble
tlic
Amouiit
of
the
L)aiiiage
cloiie.
CC.
Ancl
be
it ennctccl, That it shall
bc.
lawful for the
Com-
niissioiiers to sell
or
lend any
Meter
for :wertaiiiing thc Quaiitity
of
Gas
635
Penalties on
Persons
sup-
plying
others,
or
using
Gas
otlicr
than
couiracted
for,
Puc.
Clerk,
Src.,
of
Comniis-
sioncrs
may
inspect
Houses
lighted
with
Gas
supplied
by them.
Penalty
on
Pcrsons
lay-
ing
Pipes
ot‘
Communica-
tion
without
Consent, or
using
inorc
Gns
than
agreed
fbr.
Pcnalty f‘or
wilfully
da-
insging
Pipca.
Power
to
lend
or
hire
Meters
and
Fit
tiiigs.
636
9”
VICTOIZIX,
Gas
consuined or supplied, and any Fittings for the Consuinption of
Gas,
for such Price or 1:eiiiuiieratioii in Xoney
as
shall be agreed
upon,
?incl
such Price
or
I
:cinuiieration
shall
be
recoverable
in the
same Rlanner as Rents due to the Cornniissioiiers
;
and
sucli
Meter
or
Meters and Fittings
as
shall be lent shall not be subject
to
the Rights
of Distress of tlie Landlords of the l’reniises
wliere
such
niny be used,
for Rent, nor for any Lien
or
Hedge known in tlie
Law
of
Ihgltrnd,
any
Law
or
Practice to the contrary iiot~~~itlistancliir~.
Penalty on
fradule11tly
injuring
Meters,
&c.
CCI.
And be
it
enacted,
That
it
shall be lawful for the Clerk,
En-
gineer,
or
other Officer duly alilioiiitecl
for
tliat l’urposc by the Com-
missioners, to inspect
any
Uuilding
or
l’lnce
lighted
\vi
tli
Gas
supplied
by
the Coiiimissioners
;
and it’
in
any sncli 13iddinp or
Place
any Meter
which
may
be
used
for ascertaiiiing the Quantity of
(;as
consumed
OT
supplied, ’or
aiiy
Stopcock
or
Pipe connected therewith, sliall be
in
any way frauclentlp injivecl, destroyed, or altered, and if
any
Person
or
Company
shall
fi~audulently malie
use
of
such Meter, Stupcock,
or
Pipe connectecl therewith which shall be
so
injured, destroyed,
or
altered, he or
they
sliall
for every sucli Offence forfeit arid 1)ay to the
Conimissioncrs a Penalty not exceeding
Ten
Pounds.
Penalties
on
CCII.
And
bc
it
enacted, That if the Coniinissioners or any Person
Gas
RiIaIiers
making
or
supplying
Gas
within the Liniits of this Act shall
at
any
causing
Time cause
or
suffer to be conveyed or to
flow
into aiiy Stream,
Water
be
Reservoir, Aqueduct, Pond,
or
Place
for
Water within thc Limits of
corrupted
this Act, or into any Drain, Sewer,
or
Ditch communicating therewith,
Limits oftlie
any Washing, Substance,
or
Thing which shall be produced in iiiaking
Act.
or
supplying
Gas,
or
shall do any Act to the M’ater contained in any
such Stream, Iteserroir, Aqueduct, Pond,
or
l’lace for Watcr, whereby
the Water tlierein
sliall
hc
fouled
or
corrupted, tlien such Coniniis-
sioners
or
Person shall t’orf‘eit for every such Offence tlie
Sum
of
‘l‘wo
hundred Pounds.
Penalty to
CCIII.
hid
be
it
enacted, That the said Penalty of
Two
hundred
be
sued
for
Pounds shall be recovered, with
full
Costs
of
Suit, in any of the Supe-
in
rior
Courts,
by
Action of Debt
or
011
the C‘ase, by tlie
l’erson
into
Courts with-
in
Twelve
whose Water
such
\\-ashing, Substnncc,
or
Thing shall be conveyed
or
Months.
shall
flow,
or whose JTater sliall be fouled
or
corrupted by
any
such
Act
as
aforesaid: Provided
always,
that the said Penalt~r shall not
be
recoverable unless the same be sued for within Twelve Nonths after
the ORence in respect of which such Penalty shall have been incurred
shall have ceased.
Daily Pe-
CCIV. And be
it
enacted, That in addition to the
said
Penalty of
nalty
during
Two hundred Pounds (and whether such Penalty shall have been
recovered
or
not) the Commissioners or Yerson niaking
or
supplying
ance
of
the
Offence.
Gas
as
aforesaid shall forfeit the
Sum
of
Twenty Pounds (to be
recovered in like Manner) for each Day such Washing, Substance,
01’
Thing shall be conveyed
or
shall
flow
as aforesaid,
or
the Act
by
which
such
Water
as
aforesaid shall be fouled or corrupted shal
continue after the Expiration of Twent,y-four
Hours
from the Time at
which Koticc of the Offence shall have been served on such Persun,
or
the Cominissioners
or
their Clerk,
(as
the
Case
inay be,)
by
the
Perso,
Person
into whose Water such M7ashing,- Sitbstancc,
or
Thing shall
be
conveyed
or
shall
flow,
or
whose
\\.ater shall
be
fouled
or
cor-
rupted thereby
;
and such
Penalty
shall
be
paid to such last-iiientioned
Person.
CCT.
And be it enncted, That \\-lienever
any
Gas
shall escape
DJy
Pe-
from
any
Pipe wliicli
s1ia11
be
laic1 down
or
set up
by
the Coininis-
~~~p~~~~
sioners
or
any Person nialiiiig
or
supplying any
Gas
under the
Pro-
Gas
21ftcr
visions of‘ this Act, such Chnmissioiiers
or
I’erson shall, ininiediately
Notice.
after receiving Sotice in IVriting
of‘
:my
such hxpe of
Gas,
1)rcveiit
such Gas from escaping
;
ailcl in
c:~
sucli Commissioners
or
Person
shall not within Twenty-four
Hours
nest after Service of such Sotice
eEectually prevent the
Gas
from
escaping, :incl wholly remove the
Cause
of Complaint, tlicii siicli Cornmissioners
or
Person
sliall for eve~y
snch Otfence forfeit the Surn
of
Five
l’ouiicls for each lhy after tlie
Expiration
of
Twenty-four
Hoiirs
froin
tli
e
Service of such Kotice
during
M
hich tlie Gas sliall
bc
suffered
to escape.
CCW.
And be it enacted, That mhenever any Water shall
be
con-
penalty
on
tainiiiatecl by the
G:is
of the C‘oiniiiissioiiers
or
any other I’erson
Gas
Makers
making
or
sulqdyiiig
or
usiilg
Gas
under the Provisions of this Act
if
a at er
(in
case
tlie
Vser
s1i:ilI haro c:iiiscd
such
Coiltamination),
such
Coin-
contaminat-
ed.
rnissioiiers
or
other
l’c‘~so11
s1i:ill
forfeit
for
every
sucli
Offcnce
niiy
Siini
not esceeding Twenty l’ouiicls to tlie I’erson
whose
\Tlratc_.r sliall be
so
contaminated
01-
atfcctccl.
CCT’TI.
And bc it enacted, That if the @uminissioiiers
or
other
Per-
Daily
Pe-
son
so
1ii~2liin(’
or
siip1)lyin.g.
Gas
sliall
Iiot,
witliin T\venty-fonr
Ilours
11alty
during
nest after hoticc
f
iii IYritiiig
of‘
aiiy
\\Tater
lJciiig coiitaiiiinatccl
or
ancc-
tlne
Cortiun-
of
t,,e
affected
served
on tlicni
or
him
lJj-
the l’crs01i
wliose
ITTatcr
sl~all
be
(;ontamina-
so
contaminated
or
nflected, prevent the
(Gas
from contaniinating
tion
alter
or
affecting such bvater,
such
(‘oiiiniissioners
or
other
l’erdon
shall,
xotice.
over and
ibove
the beforc-iiieiitionec~~ Penalty of Twenty Pounds,
forfeit for
every
siich Offeiice, to the
Person
whose
TTater shdl be
containinatecl
or
affected, any
Sum
not exceeding Ten Pounds
for
each
l>ay
during
which tlie said \Vater shall remain contariiiiiated
or
affected nfter the ISspir,ition
of‘
’l‘wcnty-four
IIours
from
the Service
of
such
Sotice.
CCVIIT.
Ancl
whereas
it
may
I)ccoiiie
a
Que-tion, upon aiiy
sid
I’ower
to
Complaint as aforesaid, whether thc said
\\-ater
be coiitainiiintecl
or
examine
affected
by
the
Gas
of
the c‘oiniiiissioncrs
or
any
other
l’erson
lnaliing
to
ascertaill
or
supplying
Gas
within the T,iinits of tliis Act
;
be
it therefore
cause
of
enacted, That it shall
be
In~f‘~1
for
the
l’crsoli
to ~vlloll~ the \\-ater
~ontnniiiia-
supposed
to
be
contn1nin:itecl
or
dfectecl
by
Gas l~ay belong to dig
and
tion-
exatnine the Pip, Conduits, arid Lipp:ir:LtLls of the Person in:ikiiig
or
supplying
Gas,
for
thc
I’UT~OSC
of ascertainiiig whether the said Water
has
been contamin:itcd
or
affected
l~y
the Gas of
such
Person: Pro-
vided always, that before 1)roceediiig
so
to dig and examine
T~wlve
IIours Sotice sliall
be
given to the Coinmissloners
or
other Person
making
or
supplying snch
Gas,
of the Time of which such Digging and
Examination
are
intended to coininence and take place.
Gas
l’ipcc,
[Loca!.]
7Y
CCIX.
And
The Ext’cn-
ces
to
abide
the
liesill
t
of
amination.
CCIS.
.lid
be
it
eiiacted, That
if’
upon sucli Exaiiiinatioii
it
shall
appear
thnt
such
\\-ater
h:is
been contaminated
or
aft’ectctl by
ally
Gas
belonging to
such
Coinmissioners
or
other Person,
the
Ikpences
of the I~i
ion,
and
ltepair
of
tlic Streets
or
Place
wliich
sliall
be
disturbe(1 iii :my sucli lx:iiiiimtioii sliall
bc
paid by
the Person making or supplying
Gas
;
but if’ upi such l~saniiiiation
it
shall appear that the Water has not
been
contaminated or affected
by the
Gas
of
such
Commissioners
or
other Person, then the Person
causing such 1l:xamination
to
be
niade shall pay all the Expences
of
Examination and liepair,
and
:&o make
good
to tlie said Coin-
niissioners
or
other Person any
I
r1.j
ury
wliicli may be occasioned
to
the
Works
of the said Coinrnissioiiers
or
other l’erson by such
Exaininat ion.
The
Amount
of
tiw
Ex-
peiices to
lie
ascertained
and
re-
covcred
as
0th
&-
mnges.
CCX.
And be it ennctecl, That the Amount of the Expelices of
every such 1:xamination aid liepair,
and
of any Injury
done
to tlle
Commissioners:
or
otlier I’ersoii making
or
supplying
tias,
slia11, in case
of
any Dispute
about
tile sanie, together with tlie Costs
of
:ticertaining
and
recovering the same, be ascertained and recovered
hi
tlie
same
llaniier
as
any
1)aiiiqe~
for
thc ascertaining
and
Recovery of which
no
special I’rovi-ion
is
macle by this
,let
are
hereby directed to be
ascertained ancl recovered.
1,iability
0:’
CCSI.
I’rovicled always,
aucl
be
it
enacted, That nothing
in
this
Perscns:ull- ,4ct coiitainetl
sliall
1)revent
the
Coiiiniissioners
or
any
other I’erson
plying
has
to
be
indict-
inaking
or
suyp1yiiig
Cas
within the Lilllits
of
this
Act
from any
cd.
Indictment
for
any Kuisance,
or
any other legal Proceeding, to which
he may
be
liable in consequence of the making or supplying such
Gas.
FireEngiries
CCSIT.
And
be
it
enacted, That
it
shall
be lawful for tlie Coininis-
and
Firemen
sioners to
purchase
or provide such Engines for extinguishing Fire,
may
be
pro-
by
and
snch
Water Iji~ckets, Pipes,
and
other Apparatus for such Engines,
Comniis-
and such Fire
Emtpes
ancl other Implenien
ts
i’or
Safety or Cse in case
si
on ers.
of
Fire,
and
to purchase, keep,
or
hire such Horses for drawing such
Engines,
as
they shall think
fit,
and to build, pyovide,
or
hire Places
for
keeping
such
lhgines
and
other Apparatus, :~ld
to
employ a proper
Number
of I’ersons to
act
as
k’ireiiien, :mcl
to
allow
them such
salaries,
:tiicl
to 1n:ikc
such
Rules for their llegulation,
as
they shall
think
proper,
and to @\-e such Fireinen
and
other
l’ersons
such
Rewards
for
their Exertions in Cases of
Fire
as
they shall think
fit.
Foiver
to
CCXTII.
Ancl
be it enacted, That it
shall
be
lawful for the Corn-
Provide
lnissiollers to provide ancl maiiitsiii Fire-plugs and
all
necessary
,4pparatus, Machinery, and Assistance for securing an efficient Supply
Fire
-111
11
6s
,
&C.
of
Water
in
Cases
of
Fire,
and to paint
or
inark on the Buildings
and
lvalls within
Southport
any
Words,
Figures, or other
Marks
near
or
opposite to such Fire-plugs, to denote the Situation thereof, ancl
to
do
ancl
perform such other
Matters
ancl
Things for that Purpose
as
they
nlay froin Time
to
Time
deem
expedient.
Fire
Police
*11ay
ex
tin-
guish
Fires
CCXIV.
,hid
be
it enacted, That it shall be lawful for the
Com-
missiollers
to
permit such Engines allcl ApprtLtUs,
ancl
:~y
Part
of
tlie
cup.
xxx.
639
C’CS
\’.
And whereas tlic placiiig
of
C‘lockc. in public Situations
in
Power
to
Smctlprt
~voiild
be
of’
grc:it
(’oiiveiiience to tlic Iii1i:ibitants thereof;
I”o~ide
Clocks
to
be
be
it eiincted. That it di:rll
bcl
Liwfiil
tor
tlie C‘oiiiiiiiqsioners and they
p,accd
in
are
Iiereby empowered
fi-oiii
’l‘iine
to ‘l‘imc
to
pui*c.linse
:UI~
provicle
~~~~blic Situ-
such
and
so
rnany (.7ocI,s
:ii
tliej- sliall consider necessary,
aiicl
to
ntions.
place
and
tis
or
cau.;e
to
1x2
1)laccd
ant1
tisecl
the saine iii, upoii, or
against
:illy
piiblic
1;tiildiiig \vitliiii
L%?~t//~)o~~t,
and,
witli the
(
’onseii
t
of the
O~viiei*
:incl
Occnpiclr, 1)nt not otlierwi-e, in, upoii,
or
:igainit
any
private 1;uiIding tlic Situ:itioii
of‘
I\
Ii;cli
niny
be
con\-enient for
that Piirposc,
:tiid
t’roni
Tiiiie to
‘hie
to
alter ancl remove,
or
cause to be nltercd
ancl
rcii~ov(d,
siicli
Clock
or
Clocks
to any other
like Sitiiatioii
as
tlic (’oiiiiiiisiioiiers
slid1
consider
esl)eclieiit,
ancl
froiii
Tiiiie to Time to
pij
:ill
(‘obts and
1:xpeiices
of
and
relatins to
snch
Clock
01’
(’loch,
:~nd
the pudi:isiiig, provitling,
placing,
fixing,
removing, aid
refixing
the
sniiie,
:incl
of
kee1)ing the
sanie
in repair,
aid
an adcqimte
Salnry
or
to the l’erson who sliall be appointed
by tlieiii
for
i-egu1:Ltiiig
ant1
ordering tlic bxne,
from
ancl
out of
the
Rates
ancl
JIonies to
lx
lcvicd,
wisecl,
itid
recei\-ecl
by
virtue
of
this Act.
CCXVT.
ib~d
be
it
ciractecl, That it hall
be
lawful for the
Coin-
Power
to
missioners to build
;incl
proj-iilc, iipoii
any
Land
within
,%z/thport
[Juild
which shall
1)c
granted to
or
1)e
purchasecl
01’
1)roi
ided
by
tlic Coin- ~~~~~,talld
missioners
for
the
l’iirpow,
aiitl
for
evci’
:ii‘ter to iiiaintain
:incl
iinprovc,
to
maiiitain
as
they
shall
thiiil; fit,
:I
public
JTarket
l’hce
cw
31:ir.kct
l’laces,
and
ttiem
in
pro-
Narket
Iiouse
or
Jlarlcct
Ilousea,
for
sup1)lying the Inhabitants per
Repair.
within the 1,iinits
of’
this Act
arid
iii
rlie Seiglil~ourhood thereof
with Provisioiis,
(;id>,
TTarc*,
,\Ierch;dize, antl all such other
marketable C‘oiiiiiioclities
a5
tile
Coitiiiiii\ioii(lrz sl1:ill from ’l’inie to
Time
sccf
fit
to allow to
be
broiiglit :iiid
dl
tlici’ein, togetlier with all
Stalls, Standings, .and otlier Coiiveiiiexces, and suit:thle Approaches
for
all I’emons resorting thereto.
CCST’II.
And be it ennctcd
That
it shall 1)c lawful
for
the
Corn-
~~eigi1i~~g
missioners to erect
on
I4:in(1
to
be
nurchasecl
l)v
tlieni
or
otherwise
and
AIeasur-
640
or
near the said Market Place,
for
weighing
01-
measuring
any
Meat,
I’roviGons,
or
otlier Articles wliich shall
be
sold
by
]\-eight
or
Measure in the said Market,
and
to niaintain
arid
improve the
same
as
they shall think fit.
and
S:an(l-
CCS
\TIT.
And
be
it enacted, That tlie Coiiiniissioncrs
slid1
keep in
every
sucli
Wei+iig House
or
l’lacc proper \\-eights,
Scales,
and
ard
Weights
and
Me.1-
SLlreS
to
be
Measures,
accortlmg to tlie
St:~ndnrcl
IVeiglits and
;\Icasures
in tlie
kept in
tIieiii.
Exclicquer at
TT’eatwi1zster,
for
weighing
or
nicasuriiig all snch
Pro-
visions
or
Articles
as
aforesaid,
:incl
sliall
appoint
a
pro1m-
l’erson
to
attend tlic
same
at
all Tiiiics during which the Ilarkcts shall
be
holden.
Places
for
\%I%
Carts
arid
Carriages
to
be
pro-
vitled.
(’C
SIX.
And
be
it cixicted, T1i:it it s11i111
bc
la\vfiiI
for
tlic
Com-
missioners fi-om Time to Tiiiie to piircliase
or
prov-iclc proper Euildings
or
Places, in such convenient Situation mitliin
Soiith~r2/ort
:is
the Coni-
missioners sliall tliinli proper,
for
weio-liiiig
\\‘nggons,
Cartq,
or
Carriages
laden
with
Goods,
ancl to iiiaintain tlic
same,
ailcl
to provicle
proper
Machiiics
for
such
l’urpose,
aid
to appoiiit a
l’erson
for
the
weighing of‘ such Carts
or
C’nrri:iges.
C’t’XX.
And
be
it enactctl, TImt
\\~I1(111
the saitt ;\I:d;et
I’I:ice
or
Places,
or
Market
IIoixsc
01-
lIoiws, sliall I)c
opeiied
for
public
Pse,
no
l’ersoli
(except licensecl
Hn~ke1.s)
shdl s~ll
01.
CX~)OS~
to
Sale
in
:Illy
Place witliin
ASortt~ip~rt,
except in sucli
Mnrket
1’1:~ce
or
Places,
ir
Marl& House
or
I~OIISC‘S,
or
liis
own
Dwelling Ilousc
or
Shop,
any
l’ro-
viaions
or
other
Goocis
or
(‘oininodities nicntioncd iii tlic
Sclietlu!e
(
to
this Act
;
and
any
Person,
other tlian
a
livcnsecl
H:IwIw,
W~JO slidl,
:tftc.r the opening
of
such Market l’lace
or
l’laces,
or
Jlarket
JIouse
or
Houscs, sell
or
ex1)osc to Sile any
of‘
tlie
Articles aforesaid in any
l’lace witliiii the Limits
of
this _\ct, except
iii
thc 1I:irl;et
Place
or
Placer,
or
31arket
House
or
Ilouscs
of
the
C‘oiniiiihsioncrs,
or
his
on~i
I>\\-elling Housc~
or
Shop, sliidl
for
every
Otfeiice
be
liable to
a
l’eiialty
not exceeding Forty Sliilliiigs.
m.
Penalty
011
Persons
sell-
ing
Goatla,
bc,,
else-
wliere
tl!au
in
the
ket,
&c.
and for
weighing
and
nieaiur-
Ing.
CCSXII.
And
he
it
enacted, That it slid1
be
lawful for tlie
l’erson
for
the Time being appointed to at tend the llvei~liing
Hoiises
or
I’hces
for
weighing
or
measuring any Articles
sold
111
tlie said JIar1;ct
l)y
Weight
or
JIeasure
from
Time
to
Time to clem:iiitl
ancl
take
tlie
sewral Tolls
specified
in that 13clialf in tlie Schedule
(A.)
to this Act
annexed.
CCSXIII.
f!
.,I
9”
VICTORILE,
Cap.
x
x
x
GCXXIII.
And be it enacted, That it shall
he
lawful for the Person
for
the Time being appointed to attend the Machines
for
weighing
Waggons, Carts,
or
Carriages to demand and receive from tlie Person
requiring the same to
be
weighed
such
‘l‘olls
a3
the Commissioners may
appoint, not exceeding the ‘l’olls specified in respect of’ the same in
the Schedule
(A.)
annexed
to
tliis Act
;
and
mch Tolls shall he paid
before any Waggon,
Cart,
or
C‘arriagv, iii respect
of
which the same
are payable, shall be weighed.
CCXXL\‘.
And
be
it
enacted, That tlic Commissioncry
or
their
Lessee,
shall from Time
to
‘Time
cause
to be pzintecl
on
Boards
in
large
ancl
legible Characters, and atfixed
niid
contiriiiecl in
some
con-
spicuous Place in every Market Place and Market House made or
constructed under the Provisions of this Act,
a
List
of
the several
Stallages, Rents,
and
Tolls
which shall from Time to ‘l’iine be payable
in respect
of
the said
Narkets;
and
110
Stallage, Bent,
or
Toll
sliall
he
payable
in
respect
of
any Market during such Time
as
such List shall
not continue
to
be affixed thereon,
or
for
any &latter
or
‘Thing
not
specified in the said List
:
Provided
always,
that
if‘
such Iist sliall be
destroyed, injured,
or
ohliterated the Stallages, Rents, and Tolls
shall
continue to be payable during such Time as niny be reasonably
required
for
the Restoration
or
Reparation
of
such List in the same
Manner as if such List had continued aftixed,
or
in
tlie State required
by this Act.
CCXXV.
And be
it
enacted, That
tlic
said
several Stallages
or
Rents and
Tolls
shall be paid from Time
to
Time, on cleinand, to the
Commissioners
or
their Lessee
or
Collector, or the Person authorized
to take tlhe same
;
and if any Person liable
to
the Payment of any
Stallage, Rent,
or
Toll shall not
pay
the same when demanded,
or
shall evade the I’aynient thereof, it shall be lawful
for
the Coinmis-
sioners
or
their
Lessee
or Collector,
or
the Person authorized to take
the
same,
to
levy the
same
by
Distress,
by
\Varrant under the Hands
of One or more Justices,
of
all
or
any of the Provisions or other
Goods
in respect of which such Stallagc, Rent,
or
Toll
was
payable,
or
of
any
other Provisions
or
(loads
belonging to such Person or
wider
his Charge in the Market, and
to
sell the said I’rovisions
or
Goods
forthwith,
aid
out
of
thc Proceeds
of
such
Sale
to pay the Stallages,
Rents, or ‘Tolls
so
due,
rcnderiiig
the
(
kerl~lii~,
on
deniand,
after
deduct-
ing the lkpencc
of
such Sale, to tlic l’ciwii
\vhose
Goods
sh:ill
1ia1-c
been
so
distrained.
CCXXVI. ,2nd
he
it
cwacted, That in case any llispute shall arise
concerning any such Stallage, Kent,
or
Toll,
such
Uispute shall be
determined by
a
Justice
of
the
l’eace,
ancl such Justice
shall
siininion
the Parties to
qipear
befbre him, and hear and determine the AIatter
of
every such Complaint upon Oath, and
make
such
(
kder therein,
and
award such Costs to either Party, as
to
hiiri shall seem proper
;
and
in
default of Payment,
on
demand, of the
Money
which shall be
so
awarded,
and
of
the
Costs,
the
saiiie
shall
be
forthr&tli lcrietl by 1)istress. and
such Justice shall issue his MTarrant accordingly.
[Local.]
7z
641
Tolls
for
weighing
Carts.
List
of
Tolls
to
be
set
up
and placed
in
conapicu-
ous
Places.
Tolls
to
be
levied
by
Distress
31id
Sale
of
Goods,
&c.
Disputes re-
specting
Tolls
to
be
settled
by
a
Justice.
642
Penalty for
obstructing
Collector
or
Market
Keeper.
Penalty for
refusing
to
weigh Arti-
cles
when
required
by
the Buyer.
Yo
VICTORIE,
cap.
xxx.
CCXXVII.
And be
it
enacted, That, if any Person shall assault or
obstruct any Collector of the said Tolls, Rents, or Stallage,
or
other
Person authorized to receive the same
or
any of them,
or
any Person
einployecl to superintend any such Market Place
or
Places, or JXarket
House or Houses
as
aforesaid, or to keep Order therein, whilst in the
Exercise of
his
Duty, every Person offending in
my
of such Cases
shall forfeit for every such Offence
a
Sum not exceeding Forty
Shillings.
CCXSVIII. And be
it
enacted, That every Person selling any Meat
or
other Articles or Things in any Market Place
or
l’laces, or Market
House
or
Houses, to be made or constructed under this Act, by Weight
or
Measure, shall weigh
or
measure the same
by
Weights, Measures,
or
Scales to
be
proricled
in
pursuance of tliis Act, upon being
requirecl
so
to do
by
the Buyer
of’
the same
;
and if
any
Seller of any
such JIeat, Articles,
or
Things shall refuse or neglect to weigh
or
nieasure the
same
in manner aforesaid, when
so
required,
he
shall be
liable to
ally
Penalty not exceeding the Sum of Forty Shillings.
Waggons
to
CCXXIX. And be
it
enacted, That the llrivcr of cvery Waggon,
be weigI1cd
Cart, or other Carriage loaded with any
Goocls
brought into any
at
One
Of
Market within
Sowtltpoi~t,
to
be
sold therein, shall,
at
the liequest of the
Machines
erected
by
Buyer
or
Seller of any such Goods, or the Person on whose Behalf
the
the
Coininis-
same sliall be consigned, or their respective Agents, take such
JVag-
sioners.
gon, Cart, or Carriage, with
or
witliout the Loading thereof, to be
weighed at one of the Machines
so
to Le erected 2nd fixed
as
aforesaid,
if aiiy such there shall be
;
and if any such Waggon, Cart,
or
Carriage
shall for the Purposes aforesaid be required to
go
a
greater Distance
from the regular Course of the
Road
by which it would Le otlierwise
necessary to
pass
in conveying tlie
Goocls
laden in the same than Half
a
Mile, incluciing the going to
and
rcturriing from any
such
Machine,
tlie Owner of any Cart
or
C:miage shall be paid ‘I’wo-pence for every
Horse which shall
be
used in drawiiig the sanie, aid
a
like
Sum
for
every additional lialf
Jf
ile that any such
lV:igpi,
Cart, or Carriage
shall be taken out
of’
the regular Koad for tlie 1’url)ose aforesaid, aid
all such Cliarges
sliall
be
paid by the
Person
requiring tlie
same
to
be wcigliecl
as
aforesaid before tlie Urirer
of‘
such IVaggon, Cart,
or
Carriage shall be obliged to
go
out
of
his Way for
tlic
l’urpose
of
having the
same
weighed.
I’enalty
for
U2XXX.
And
be it enacted, That if the Person having. the Care
refusing
to
of any such Waggon, Cart, or Carriage shall not, Ul-~Oll being
so
re-
take
Wag-
gons
to
be
9
quested
as
aforesaid, and having paid
or
tendered to him such Charge
weigIieJ,R.c.
as
aforesaid, take tlie same to such Weighing Machine
as
is herein-
before
so
directed,
or
shall refuse or neglect to assist in the weighing
of the
same,
he shall forfeit, to the Person requiring such ’\\ra.ggon,
Cart,
or
Carriage to be weighed, any Sum
of
llIoney
by
way
of Penalty
not exceeding ‘l’wenty Shillings; and tlie
l’arty
entitled to such Yenalty
shall be dceined
a
competent Witness for the
l’roof
of such Offence.
Penalties
on
Owners
CJP
Drivers
of
CCSXXI.
And be it enacted, That every Owner or Driver of any
such IVaggon, Cart,
or
Carriage weighed at any Weighing Nacliine to
be
9"
VICTORIIE,
cup.
xxx.
643
be provided in pursuance
of
this Act, who
shall
commit any of the
Waggons,
following Offences, shall
be
liable to
a
Penalty not exceeding Five
%;;i:im-
Pounds for each Offence
;
(tliat is
to
say,)
Frauds
in
Every Owner or Driver mho shall,
at
or
before the Time of meighing
weighing
any such Waggon, Cart,
or
Carriage, place
or
knowingly have
any Matter or Thing
in
or about tlie same other than the
proper Loading thereof:
Every such Owner or 1)river wlio shall alter any Ticket denoting
tlie Weight of any such Waggon, Cart,
or
Carriage, of tlie Loading
of
the same:
Every such Owner or Driver wlio shall make
or
use,
or
be
privy to
the inakiiig
or
using, my false or fraudulent Ticket respecting
tlie Weight of any such JYaggon, Cart,
or
Carriage,
or
the Loading
thereof:
Every such Owner
os
Driver
who,
after tlie weighing of any such
Waggon, Cart,
or
Carriage, with tlie Loading of the same,
shall
remove any
Part
of such Loading, and afterwards dispose of
or
attempt
to
dispose of the Residue of such Loading
as
being the
full Loading denoted
by
such Ticket
:
Every Owner
os
Driver
of
my
such Waggon, Cart,
or
Carriage who
shall,
after the same and the Loading thereof have been
so
weighed, change tlie Wlieels thereof;
or
place thereon lighter
Wheels, or make any Alteration
or
do
any other Act to such
Waggon,
Cart,
or
Carriage, before
the
same shall be brought
back
to
the
RIachine
to
be again weighed without tlie Loading
thereof:
Every such Owner
or
Driver who, when
any
such Waggon, Cart,
or
Carriage shall have been weiglied with the
1,oading
thereof'
at any sucli Macliine
as
aforesaid, shall not bring
back
the same
without, Alteration to
be
agaiii weighed
at
the same ;\lachine
:
Every such Owner
or
lhiver nrho slia11 be guilty of any otlier
fraudulent Contrivance touching tlie \\-eight of any such JVaggon,
or
other Carriage,
or
of
tlie Loading thereof.
CCSSXII.
And
be
it eiiacted, That if the Purchaser
of'
any
Goods
Penalty
on
or JIcrcIiancIizc coiiveped
in
any
IVaggoii,
Cart,
or
Carriage to
or
Purclwers
committing
within ally Market Tvithin
Sozct?l/oi.t
shall, after such TVaggon,
Cart,
Frauds
in
or
Carriage, with the Loading thcreof,
shall
have been weighed at any
weigliing:
Machine provided in pursiiaiwe of this Act, and before tlie same shall
be bronglit
back
to be re-\veigliecl without the Loading thereof, change
tlie Wlieels thereof, and put
on
heavier n'lieels,
or
make any Alteration
in such
Waggon,
Cart, or Carriage
whcreby
tlie same may become
heavier, every l'ersoii
$0
oReiicling shall forfeit for every
sucli
Offence
a
Sum not exceeding Five Pounds.
CCSXXIII.
Aiid
be
it enacted, That the Person for
the
Tirnc being
Penalties
for
appointed to keep
anp
Weighing Jlacliiiie provided in pursuance of
Frauds
corn-
this
Act slid1 forfeit :niy Sum not exceeding Five Pouiids in any of
mittetl
RIachine
by
the following
Cases
;
(that is to say,)
Keep
er
.
If he shall wilfully
neglect,
on Application,
duly
to
weigh any
IVaggon,
Cart, or Carriage, wit)h or without Loading, as the Case
may be, that slid1 coine to
the
Machine kept by him, to be weighed
:
If
644
9"
VICTORIIE,
Ccy.xsx.
If he shall not fairly weigh every such Waggon, Cart,
or
Carriage,
with
or
without Loading,
as
tlie Case inay be
:
If he shall riot cleliver to the Purchaser of any such Loading,
or
any Person interested therein, on L4pplication,
a
Ticket
or
Account
containing the true Weight
of
such Loading
:
If'
he shall give to the Driver of any such
1Vaggo11,
Cart, or Car-
riage
a
false Ticket
or
Account of the Weight
of
such Waggon,
Cart,
or
Carriage,
or
the Loading thereof:
If he shall weigh any Waggon, Cart,
or
Carriage, knowing that any
thing had been dded
to
tlie Loading thereof,
so
as
to
increase
the Weight.
of
the
same,
or that the
n'heels
thereof
liad
been
changed between the Time of its corning back to lie apin
weighed without its Loading,
and
shdl not give immediate Notice
thereof to the Person interested tlierciii
:
If
he
shall knowingly assist in
or
connive
at
any Fraud to
be
committed
or
attempted concerning the weighing
of
any such
TYaggon,
Cart,
or
Carriage, or the
Loading
thereof, or shall make
or connive at inaking any
false
Representation of the Weight
of
the saiiie respectirely.
Penalty
on
CCXXXITT.
And
be
it
enacted, That if any Person shall know-
other Parties
ingly act or assist in the committing of any Fraud respecting the weigh-
ing
or
Veight of any such Waggon, Cart,
or
Carriage,
or
the Loading
committing
Frauds
as
to
\.veigl,ing,
thereof, which shall be weighed
or
brought to be weighed at any
Machine provided in pursuance
of
this Act,
or
which shall be alleged
to have been weighed at any such Machine,
lie
shall for every such
Offence forfeit any
Smn
not exceeding Five Pounds.
1'0
w
cr
to
CCXXXV.
And be
it
enacted, That
it
shall
be
lawful for the
lease
Coinrnissioners from Time
to
Time to demise
and
let the said Market
Mar!cets,
8Ec.
fora,,yTcrm
Place or Places,
or
Narket
House or
Houses, or any Part
of
them
not
exceect-
respectively,
:mi
the said Slaughter
Hoiises,
1Vcighing Houses, or
iw
Three
Place
and
Jlncllines, or
any
of thcm, or the said Stallages, Rents, or
Years.
Tolls,
or
any
of thein,
for
any
Period not exceeding Three Years,
upon such
Terms
as
shall
be
agreed upon betw-cen the Coiiiniissioiiers
aiid tlie Person to wlioni such
Lease
shall
be
iimde.
Power to
let
Sta'lsy
&c.
not
exceed-
ing
Years.
CCSSSVI.
,bid be
it
enacted, That it shall be lawful for the
Commissioners to let any
of
the Stalls, Staiicling Places, Benches,
or
other Conveniences in the said
Narkct
Place
or
Places,
or
Market
Hoiise
or
Houses, to
any
Person
for
any Term not exceeding Three
Years.
1'0
w-
er
t
3
CCXXXVII. And be
it
enacted, That it shall be lawful €or
the Lessee of any such Stall, Standing Places,
or
other Convenience,
a>>lg11
Lease
of
Stalls,
put.
his Executors, Administrators, and Assigns, with Consent of the
Commissioners, to
assign
the same for the Residue of his Term.
JIarket
CCSXXVIII.
And be
it
enacted, That the Commissioners shall,
after any Market Place
or
Places,
OP
Market
House
or Houses within
DJJ
s.
Southiiort
shall have been opened
for
public Use, hold the Markets
therein
on
Wednesday
and
on
Saturday
in
every Week, and on such
other
9”
VICTOIllE,
Cctp.
xxx.
645
other Days, and during such
Hours
on each
Day,
as
the Commissioners
shall from Time to Time appoint.
CCIYXSTX.
And
be
it enacted, That for the better Regulation
%‘e
Laws
to
be
made
for
of the Jlarkets, and of the Narket Place or l’laces, and Market House the
Regula-
or
Houses, to be established,
made,
and constructed in pursuance
of
tion
of
the
this Act, it shall be lawful
for
the Commissioners from Time to Time
Markets.
to make such
Bye
Laws
as
they sh:~11 think fit for all or any of the
following Purposes
;
(that is to say,)
For directing the JIanner of occupying
and
using every
or
any
such Market Place
aid
hhrket House, and cvcry or any Slaughter
Houses
and
JYeighing Bfacliines, and regulating the Coiiduct
of
the l’crsons resortin6 thereto
:
For
providing
for
tlie lighting and cleansing of every such Jlarket
Place
and
Mirket
House
:
For
fixing
and
regulating the estra Days in each Week, and the
Hours during oacli Day, on which the Market shall be held:
For
replating the Conduct of the Officers and Servants of the
Commissioners, aiicl providing
for
the due Management of the
Affairs
of
the (‘ommissioners
:
For
regulating the Carriers in every
or
any such JIarket, and fixing
the 1::ites for carrying all Articles carrietl therefroin
:
For
regiilating the Use of Weights
ancl
AItmures in every
or
any
sucli Market wcorcling to the legal Stantlard, and providing for
the Sale
of‘
a11
I’rovisions and
0th
Things therein
by
such
Weights
ancl
Jleasures,
nncl
for
preventing the Use of
false
or
defective IYeiglits
aiicl
Jleasures
:
For
preventiiig unwholesome I’rovisions lwing
sold
or
esposecl
for
Sale in every
or
any such Jlarket
:
For
preventing ITorsw
and
Carriayes travelling
or
going thronqh
every
or
any
such JIarket
l’laie,
or
remaining there, and
for
prewnting other Kuisances
or
Obstructions therein
or
in the
,4pproaches to the
same:
And it shall be
lawful
for the Commissioners, from Time to Time
as
they shall think
fit,
to repeal, alter,
or
amend any such Bye
Laws,
pro-
vided such Bye
1,aws
be not repngn:tnt to the
Laws
of
England,
and
be reduced to Writing,
and
signed by any Three of the Commissioners,
nncl
if affecting other
Persons
than the Officers and Servants
of
the
Commissioners
bc
printed ancl l)iil,lislicd
:is
hereiii provided.
Market Place
or
M:dxt
House
to
be
made
or
coiistructcd under tlie
llaving
or
Authority of this L\ct,
use
or
have
in his l’ossession any illegal
or
false
Weight
or
\\‘eights, shall forfcit
a
Sum not exceeding Forty Shillings
for every snvli Offence
;
and
it shall be
1:imful
for
any
Inspector of
Weights and Nessnres to
be
appointed by the Commissioners
to
seize
and destroy such illegal Weights
;uicl
Measures.
CCXL.
And
he
it enacted, That any
l’erson
wlio
shnll,
in any I’cnaIty
for
using
false,
CCXLI.
And
be
it
enacted, That if
any
Person
shall sell
or
expose
Penalty
For
or
offer for
Sale
any unwholcsome Meat
or
l’rovisions in any Market
exposing
itnwhole-
Place or Ilnrket House which shall be
made
or
constructed in pursuance
SOme
Meat
of this Act, he shall forfeit
any
Sum not exceeding Five
Pounds
for
for
Sale.
every such Offence
;
and it shall be lawful for any Inspector of Pro-
[Local.]
811
visions
646
Penalty
and
Damages
for
Nuisances
committed
in
the
Mar-
ket
Place.
Hackney
Coaches
to
be licensed.
Licence to
be
in
force
for
One
Year.
Licences
to
be regis-
tered.
Fee
on
Li-
cence.
Licences
to
be
sus-
pended
or
revoked for
9”
VICTORIIE,
Cap.xxx.
visions of such Market appointed by the Commissioners
to
seize and
destroy such unwholesome Meat or Provisions.
CCSLII. And be
it
enacted, That any Person who shall spoil, deface,
or injure any
Part
of any such Jlarket Place or Market House,
or
the
Buildings, Fences, Stalls,
or
Standings thereof, or shall in any such
Market Place or Market House cause any Obstructions, or commit any
Damage
or
Injury, shall forfeit for every such Offence any Sum not
exceeding Five Pounds, and shall also pay such Sum
of
Money as the
Justices before whom the Conviction for such Penalty shall take place
shall think
R
reasonable Satisfaction for the Injury done by such
Person.
CCSLIII. And be
it
enacted, That
it
shall
be
lawful for the Com-
missioners from Time
to
Time to license such Number of Hackney
Coaches
or
Carriages of any Kind or Description, to ply for Hire within
the Limits of this Act,
as
they shall think
fit.
CCXLIV. And be it enacted, That every Licence so to be granted
shall
be
under the
Com~non
Seal
of the Commissioners, and shall
express the Kumber of the Hackney Coach or Carriage, and shall not
iiicludc more than
One
Carriage
so
licensed, and shall be in force for
One Year only from the Day of the Date of such Licence,
or
until the
next C4eneral Licensing Meeting, in case any such General Licensing
Day
shall be appointed by the Commissioners,
as
they are hereby
authorized to
do.
CCXLV. And
be
it enacted, That every Licence shall be made out
by the Clerk of the Commissioners, and duly entered in
a
Book
to
be
provided by him for that Purpose, with the Christian and Surname
and Place of Residence of the Person whose Coach
or
Carriage shall
be licensed, and the Kunzber of the Licence
;
and in such Book shall
he contained Columns
or
Places for Entries to
be
made of every Offence
coiiiniittccl
by
any Owner
or
Driver
or
Person attending such Coach
or
Carriage.
CCSLVT. And be it enacted, That for every such Licence there shaU
be
picl
to the Clerk of the Commissioners the Sum of Five Shillings.
CCXLT’TI.
And
be
it
enacted, That any such Licence may, for the
Misconduct of the Owner
or
Uriver
or
Person attending such Hackney
Coach
or
Carriage, be suspended
or
revoked by the Commissioners
a’s
Misconduct.
they shall deem right.
Penalty
for
CCXLVIII. And be
it
enacted, That if the Driver of any Hackney
Pbin~
with-
Coach or other Carriage shall be found standing
or
plying for Hire
or
using any such Coach or other Carriage within any Part of the Limits
out
a
Li-
cence.
of this Act, without
a
Licence, the Owner
or
Driver of such Coach
or
Carriage
so
offending shall for every such Offence forfeit and pay
any
Sum
not exceeding Forty Shillings.
Penalty
on
Persons
for
CCXLIS. And be
it
enacted, That if any Person shall refuse to
pay, on cleinand, to any Hackney Coachman or Person, the regular Fare
due
9"
VICTORIE,
Cap.
xxx
.
647
due
to
him
for
the Hire
or
Service of any Hackney Coachman
or
Car-
refusing
to
riage licensed under tlie Provisions of this Act, he shall be liable to
Eefhe
a
Penalty not exceeding Forty Shillings.
CCL.
And be it enacted, That if
any
Person
shall
wilfiilly cut,
Penalty
for
break,
or
injiwe any Coach
or
Carriage licensed under the Provisions
tlamaginfi
Coaches.
of
this Act, such
l'(~rson
shall for every such Offeiicc he liable to
a
Penalty not exceeding 1:ive l'oiiiids, and shall also 1)ay
to
the
Owner of such Hackney Conch
or
Carriage reasonable Satisfaction
for
the Damage sustained by the
s:iine;
and such Satisfaction shall be
ascertained
by
the Justices before ~vhoin such Conviction of the
Penalty takes place, and shall be recovered by the saiiie Jleans
as
the
Penalty.
CCLI.
Aid
be it cwactecl, That for better regu1:Lting the TIackney
~ye~aws
to
Coaches and otlier Carri:it~(~s to
be
so
licensed
as
aforcsaicl, and
for
be
made
for
better regulating
T€orses,
Jf
des,
rlsses,
and otlier Beasts of Burden
exposed
to be let oiit for Hirv
or
other Remuneration,
and
also
for
Concllfs
and
better regulating Enthing Nachiiies
and
batliinv on the
Sea
Shore, it
nathing
shall
be
lawful
for
the C'oiiiiiiissioiiers
froin
Y?me
to
Time to make
Rlacliines,
such Bye Imvs as they shall think
fit,
and
for
all
or
any of the
kc*
following
Purposes
;
(that is to
sa"y,)
For
regulating the
Conduct of
the Owners and Drivers
of
such
Hackney Coaclics
ancl
otlicr Carriages,
and
of
such
Hors~s,
Mules,
Asses,
and other Ikasts
of
I3urclen re*pcctively, in tlie several
Km
plo
y
men t
,
Oc
cup
t
ion
s,
:in
cl
Pur
suits
:
For
regdating
the
Hours within which they may exercise their
Calling
:
For
regulating the
Xuiiibcrs
of such Hackney Coaches
or
other
Carriages
:
For
regulating the
Sumbcr
of Persons to be cnrricd
by
such
Coaches or other Carriage*, and what Xuinber of Horses or other
Animals are to
draw
the same:
For fixing and altering the Stands
of
such Coaches
or
other
Car-
riages, and of such
Horses,
Jlules, Asses, and other Beasts of
Ihrden, and the Distance to which the Hackney Coachmen
or
Persons attending Hackney Coaches and other Carriages shall be
obliged to drivc, not exceeding Seven Miles
from
the external
Boundaries
of
,S'outiiport
:
For
fixing the IZatcs
or
Farcs
to
be
paid for such Hackiiey Coaches
and other Carriages,
ant1
for
the Use
of
such
Horses,
Mules, sild
other Beasts
of
1:urdcn
:
For
punishing Misconduct of Hackney Coachmen and Persons
attending such Hackney Coaches and other Carriages, and such
Horses,
Miiles,
Asses,
and other Eeasts of Burclens, whether :in
the
may
of'
Iinyositioii by demanding
or
receiving more than the
regular Fare,
or
othcrmise
:
For
fixing
and
altering thc Stands
of
Bathing Rfachiiies on the Sea
Shore
or
Strand, and the Liinits within which Persons of each
Sex shall be
set
down
for bathing, and within which Persons
bathing shall confine themselves
:
For
regulatiiis the Dresses to be worn, and otherwise preventing
any improper or iiiclccerit Exposure
:
For
IIackney
9”
VICTORIB,
Cap.xxs.
Power
to
provide
Of-
fices,
Watch-
houses,
&c.
Appoint-
nient ofcon-
stables.
Power
to
apply
for
additional
Constables
in
case
of
need.
Constables
to
be
sworn
in.
For regulating the Mode in which the Bathing Rlacliines shall be
used, and the Charges to be made for the
Use
of them
:
For regulating and ordering all Boats let
to
Hire
or
used
by
or
for
any Person going out to Sea for the Purpose of sailing or rowing
for Pleasure, and the Persons attcndiy the same, and also the
Distance to be kept from Persons bathing within the prescribed
Limits
:
And the Commissioners may, from Time to Time
as
they shall think
fit,
repeal any such Bye Laws, and make others in their Stead, provided
such Bye Laws be not repugnant to the
Laws
of
England
or the
Provisions of this Act, and be signed
by
Three of the Commissioners,
and be printed and published
as
herein-after mentioned.
CCLIT.
And be it enacted, ‘That
it
sliall
be
lawful for the Commis-
sioners from Time to Time to purchase or rent from any Person any
Euildings or Land, and to convert such Ihildings into,
or
to build
on
such Land, Offices, IVatch-houses, Lock-up
Hoiises,
and other Places
necessary for the Purposes of this Act, with
all
proper Conveniences
thereto, and
to
repair the same
froiii
‘l’iine to Time, and to furnish and
to fit up the same, and to employ proper Persons to take care thereof.
CCLIII.
And be it enacted,
Tlint
if the Justices
of
the Pence for the
County Palatine
of
Lnncastt~
in General
or
Quarter Sessions assembled
shall report to
One
of‘ I-ler Majesty’s l-’riiiciptLl Secrctarics
of
State that
the Constables appointed under the Provisions
of
:in
Act passed in the
Second and Tliird Years of the Reign of Her present M+jesty, inti-
tuled
An
Act
for
the
Establislinzent
of
C’otinty
and
District
Con-
stables
by
the Authority
of
the
Justices
of
the Peace,
and
of
another
Act passed in the Third and Fourth Years of the lteign of Her present
Majesty, intituled An
Act
to
aimid
the
Act
,for
the
Esttsblislinient
of
County
nizd
District Constables,
and
the said Constables shall,
in
pursuance thereof,
or
otherwise, be discontinued,
it
shall
be
lawful for
the Commissioners from Time to ‘l’iiiie to appoint and employ such
Kuinbcr of Coilstables and other Officers as they shall
judge
necessary
for the proper Protection of the 1iih:ibitants and I’ropcrty witliiii
SozcthpoTt,
and shall allow theiii si~ch Salaries
or
Wages as they think
proper
;
and
it shall be lawful for tlic Cominissioners from Time to
Time to remove
any
such Coilstables
ancl
Officers
as
they shall think
fit.
CCLIV. And be it cnacted, That, if tlie Coniinissioners shall think
it necessary, it sliall be lamfid for thcin to apply to the
Chief
Constable
of
the County
of
Liii2cctntc~t9,
uiidcr tlie I’rovisions
of
the said Act
passed in the Third and Fourth
Year
of tlie
Rcign
of
Her
present
Majesty, to appoint any additional Xuniber
of
Constables within
South-
port,
aid to pay tlie Charge of such Appointments out of the said Rate
for the Lighting and General Purposes.
CCLV. And be it enacted, That it
s1i:ill
be lawful for any Justice
to
swear in
as
Constables any Person appointed and einploj-ed
;
and
the Constables and Officers so sworn in sliall have, riot only within
Southport
but within Five Miles thereof, the like l’on-ers and shall be
subject to the like Penalties
and
Forfeitures
as
any Constables have
or
are subject to by the Law
of
England.
CCLT’T.
And
9”
VICTORIE,
Cap.xxx.
649
CCLVI. Ad be it enacted, That it shall be lawful for any
TWO
Power
to.
Justices to dismiss or suspend for Neglect of Duty any Constable or
~‘~?~~~es
Officer appointed under this Act
;
ancl
no Person suspended or dis-
missed shall be re-appointed, except with tlie Consent of
TWO
Justices
;
and when any Person shall be
so
clisniisscd
or
suspended
all
Powers
vested in him as
a
Constable shall cease
or
be suspended.
CCLVII. And be it enacted, That it shall be lawful for the Commis-
Penalty on
sioners to make siich
Rulcs
ancl Orders
as
they shall think
fit
for
Constables*
.
Brc.
not
ob-
regulating the Conduct of the said Constables and Officers
;
and
if
any
serving
the
such Constable
or
other Officer shall not fhithfdly observe and per-
Regulations
form such Rules and Orders he sh:ill forfeit for every such Offence
of
the
Corn-
any
Sum
not exceeding Forty Sliilliiigs, and if the Comniissioners
nli5sioners.
shall
think proper shall also be immediately discliargecl from his Office
or Employment.
appointed
hy
virtue of this Act shall keep Watch and Ward within
Constables*
Soiitliport,
ancl
shall
use their best Endeavours
to
prevent any hIischicf
by Fire, and
all
Felonies, I\llisdemeanors, and Breaches of the Peace
;
and it shall be lawful, not oiily for them but for any Constable acting
within
Sofctliport,
to
arrest and detain, in some convenient Place
of
Security within
Southport
to
be provided by the Commissioners for
that Purpose, a11 Felons, ancl
all
loose, idle, and disorderly Persons
whom
they shall find disturbing the public Peace, and whom they
shall have good Reason to suspect of having committed or being about
to
commit any
Felony,
lIisdemeaiior,
or
Breach of the Peace, and
all
Persons whoin they shall find between Sunset and the Hour of Eight
in the Morning loitering in any Street, and not giving
a
satisfiictory
Account of themselves
;
and t,he l’crsons
so
:wrested shall be taken,
as
soon
as
coiiveiiiently may be, before some Justice, to be examined
aid
dealt with according
to
T,aw:
Provided always, that
no
Person
so
arrested shall be detained in Custody
by
any Constable
or
other Officer
longer than Forty Hours.
CCLVIII. And be it enactccl, That the Constables and Officers
Duties
of
CCLIS.
Arid
be it enacted, That every Coiistable or other Officer
Penalty
for
acting within
Xozithpo1’t
who
shall be guilty of any Neglect or TTiola-
Neglect
of
tion
of
his Duty
as
a
Constable shall be liable to
a
Penalty of not
Duty.
exceeding Five Pounds,
or,
in the Discrction of the .Tnstice before
whom he may be coiivictecl,
iiiay
lawfully be iiiiprisoned for any Time
not exceeding
One
AIonth.
CCLX
And be it enacted, Tliat whenever
any
Person charged
Power
to
with any Offence not amounting to Felony, and of‘ which he shall be
Constables
liable to be suniinarily convicted before
a
Justice, shall be, without the
to
cognizances.
take
Re-
Warrant
of
a
Justice, in the Custody of any acting Constable
as
afore-
said, it shall be lawful for the Supcrintendent Constable of the District,
or
other the superior Officer of Police acting within
Southpopt,
if he
shall deem it prucleiit
so
to
do,
but in such Cases only in which the
Offender cannot be conveniently taken before
a
Justice, to take the
Recognizance of such Person, with or mithout Sureties, conditioned
as
herein-after mentioned.
[Local.]
8B
CCIJXI.
And
650
9”
VICTQRIZ,
Cap.
xxx.
Form
of
Re-
CCLXl.
And be
it
enacted,
That
every Recognizance
so
takeii shall
cognizanccs.
be takeii without
Fee
or
llewarcl,
and
shall be coiiditioiied for the
Appearance
of’
the Person thereby bound before
a
Justice at
a
certain
Uay not, later than Seven
Days
froin the Date of sucli liecogiiizaiice,
mil
the Time and Place of such Appearance shall
be
specified in the
llecognizance.
to the
Jus-
tice.
Comniis-
sioners em-
powered to
grant Re-
wards to
Constables,
&C.
Penalties
on
Persons
as-
llecogii-
CCLXiiI.
And be
it
enacted,
That
the Officer taking any such Recog-
iiizance shall enter
iii
a
Book
to
be
kept
for
that l’urpose the Kaiiie,
zances to bc
registered,
al,d
retur,,ed
Eesidence, and Occupation of tlie l’tirty, aiid
his
Sureties, if any,
entering into such Itecognizancc, together with the Condition thereof,
and the Sum
tlierebv
uckiioivlecio.cd.
and
shall return everv such
liecognizance to the Justice,
:it
tG
’I;iiiie
aiic1
l’lace w~ieii aid wliei-e
the l’arty is
bouiid
to
appear
;
aid
every
sucli
Kecogiiizance
shall
have the like
Force
aiicl
Effect
as
if’
tlie
saiiie
liacl been taken before
a
Justice.
CCLSIlT. And be
it
enacted, That
it
shall be lawful for the Commis-
sionerh to :tllow
any
Constable
or
Oficer sucli Gratuities and Kemards
for
aplrehending Felons and other Offeiiders
as
to
thein
shall
seem
proper,
and
to
defray
tlie Expence of prosecuting
any
Felons or
Offenders,
ancl
of
defencliilg
any Const:tble
or
Officer
in the Execu-
tion of his Duty,
nncl
to give
such
lteivarcls
or Compeiisatioii to any
Constable or Officer
as
may be disablecl in the i<:xecution>
of
liis Duty,
01-
to any Coiistable appointed uiider this Act wlio shall be worn out
by Length
of
Service,
;is
the Corriinissioiiei-s shall think reasonable.
CCLXII‘.
Aiid be
it
enacted, That every Person who shall assault
or
resist aiiy Constable or other Officer
iii
the Execution
of
his
Duty,
under the Provisions of this Act,,
or
who shall
aid
or
incite
any
Person
saultingcon-
stables.
Penalty
011
Victuallers
harbouring
Constables
while on
Duty.
so
to assault or resist,, shall for every such Offence be liable to l’eiialty
not exceeding Five l’ounds,
or,
in the Discretion of the Justice before
whom he
is
convicted, may be imprisoned for any Teriii not exceeding
One Month.
CCLXV.
Lliid be it enacted, That if any Victualler
01.
Keeper of
any Public House,
01-
Persons licensed
to
sell Iker, Ale, l’orter, Cider,
or
Perry ivitliiii
SozithpoTt,
sliall kiiowiiigly
Iiarbour
or
entertain or
suffer to remain in his l’ublic House
or
l’lace wherein he shall carry
on his Business
any
Constable
or
other Officer
cluriiig
any Part of the
Time appointed for his being on Ihty (unless such Coiistable or Officer
shall
be
there for tlie I’urpose
of
ciuelling aiiy Disturbance,
or
restoring
Order
or
Peace in such House), such T‘ictualler, Public House Keeper,
or
liceiised Person
so
offendin4 shall on Conviction forfeit for every
such Offence
a
Suin
not
exceeding Twenty Sliillings, together with the
Costs
of the Conviction.
Penalty
011
CCLXVI. And be
it
enacted, That every Person having
or
keeping
Coffee
Shop
a
House,
Shop,
Room, Cellar,
or
Vault within
Sout?zpo,*t
wherein reacly-
KeePersllar-
made Tea
or
Coffee,
or
Refreshments or Provisions of aiiy Kind, shall
be drunk, used,
or
consumed (whether the same shall be kept or
bouring
clis-
orderly
Per-
bans.
retailed therein, or brought or procured elsewhere,
)
who shall knowingly
permit or suffer common Prostitutes, reputed Thieves, or drunken
or
idle
9”
VICTORIA3,
Cup.xxx.
651
idle and disorderly Persons,
to
asseni1)le
at
and continue in his House,
Shop, Room, Cellar,
or
I‘ault,
or
to 1)lay at
any
Game with Cards
or
Dice therein,
shall
for every such Offeiice be liable to
it
Penalty not
exceeding Ten Pounds.
CCLXY’II. And
be
it enxted,
‘hxt
it sliall
be
lawfill for all
con-
The Houses
stables and
Offic‘ers
of’
Police at
all
Tii~ie~ to enter into
any
House,
of
convicted
Coffee
Shop
Shop,
Itoom,
Cellar, or Vault witliiii
&rtt/iport
where
ready-made
Tea
Keepers
to
or
Coffee,
or
i:efi.es~inient~
or
l’roi
isiolis
of
ally
Itiiid, slid1 be
so
drunk,
be
open
to
used,
or
consumed
as
;ifores;iid,
tlie
Owner
or
Kceper of’ which
IIouse,
I’olicc
at
a11
Shop, Room, Cellar,
or
I‘ault sliall ivitliii i
Tn-el\
e
Jlontlis pre\.ious to
Tmx
such Entry linve been coil\ ic-tccl
of
Iaiowiiigly poriiiittiiig
or
suffering
coininon l’rostitutes, re1)utecl
I
hiel-es,
or
clrunkeii
or
idle
ancl
clid-
orderly
l’ersons,
to asseiiiblc
at
tlie
baiiie aiid coiitinue therein,
or
to
play tliereiii
at
any Gaine witli
Carcl>
or
Dice;
aiid
if
any Person
having
or
keeping
:q-
sucli
IIouse,
Shop,
ltooni,
Cellar, or
IraUlt,
or
any Servant
or
other l’ersoii in his Ernploy
or
by his Direction,
shall
in
such
Case refuse
to
admit
or
shall iiot
on
Applicatioii aclniit such
Constable
or
Officer into
sidi
IIouse, Sliol),
ltooin,
Cellar,
or
lr:iult,
or
up011 such I’reiiiiscs, every
I’ersoii
so
oRenc\ing shall
fi,r
every such
Offence forfeit
a
S~iii
not exceeclintc Forty Sliilhiigs.
r.
(ICLSJ‘III.
hid
be
it
eiiacted, Tliut
every
Person who dial1 be
I’ersons
found
drunk,
drunk
in
:my
Street .ivitliin
,%~~t////ort,
ant1
b1i;ill
he
gitiltjr
of’
any riotous
of
01-
incleceiit lkliaviour tlicreiii,
aiitl
:ILO
cvc’ry
l’eraoii ~vlio sliall
be
riotous
or
guilty
of
any violent
01’
iiidcceiit Ikhviour iii any I’olice Office
or
iiidecent
Be-
my
l’olice Statioii
14ouse
n-itliin
S‘uiit/ipi-t,
shall be liable
to
a
l’enalty
haviour
not exceeding
Vive
l’ouiicls
for
every sucli
(
)ff;.iice
;
and
if he alia11 not
iinniediately
iipon
Corivictioii
pay
sucli
L’enalty, toFcther with the
Costs of the Conviction, it
Ad1
lx!
lawful fbr the ,Tustice before whom
hc
shall
be
coiivictecl to
coiiiiiiit
siicli
(
)ffeiiclc.r
to
Prison for any Time
not
exceecling
Fourteen Days, unless
the
said Penalty aiid all Costs be
sooner
paid.
CCLXIX.
And be
it
enacted, That
no
Licensed Victualler or
Public
other Person shall open his House within the said Town of
Southport,
~~~~p~~~d
for
the Sale of JTilie, Spirits, Beer,
or
other fernielited
or
distilled
on
Sundays
Liquors,
or
perinit the sanic: to be sold therein,
011
Sudluys
before the
before Half
Hour of Half
past
Twelve in the Afternoon, under
a
Penalty not
past
Twelve
exceeding Five Pouiids for each
Offeiice
;
proviclecl that nothing
herein contained shall estcncl to ltcfieshmeiits
to
Travellers.
be fined,
o’Clock.
CCLSX.
And
be it enacted, Tliat if the Chief Constable
or
any
Chief
Con-
other I’cace
Officer
acting
uiicler
the Coiiunissioners shall report in
Writing
to
any Justice that there
are
god
Grounds for believing any
empowered
House or Rooin witliin
S’o~ctlrpos~t
to
be
kept
or
used
as
a
Gaming
to enter
House,
and
if
Two
or
iiiorc liouscholders within the said Town, not
Houses
SUS-
being Chief Constable
or
Officer,
shall
inake Oath in Writing, to be
by
being
Gam-
them
taken
and subscribed before such Justice,
and
annexed
to the
ing
Houses.
said
Eeport, which Oath such Justice
i:,
liereby enipo~vered
to
ailmi-
nister aiid receive, that the I’reinises coniplaiiiecl
of‘
by
the Chief
Constable
or
other Officer are comiiioiily reported
and
:ire believed
by
the Deponents
to
be kept or used
as
i~
Gainiiig House, it shall be law-
ful
stable or
Officer
pected
of
9”
VICTORIE,
cup.
xxx.
ful for such Justice,
by
Order in Writing, to authorize the Chief Con-
stable or other Officer to enter any such House or Room, with such
Constables
as
shall be directed by the Justice to accompaiiy him, and,
if necessary, to use Force for the Purpose
of’
effecting such Entry,
whether by breaking open Doors
or
otherwise, and to take into custody
all
Persons mho‘ shall be found therein,
and
to seize and destroy all
Tables and Instruments of Gamin$ found in such
IIouse
or Room
;
and the Owner or Keeper of the
said
Gaining House,
or
other Person
having the Care
or
Managemeiit thereof, and also every Banker,
Croupier, and other
Persoii
who shall act in any
llanner
in conduct-
ing the same Gaming House, sliall be liable to
a
Penalty not more
than
One
hundred Pounds, or, in the IXscretion of the Justice before
whom he shall be convicted of tlie Offence, may be committed to the
Common Gaol, with or without hard Laboiir, for
a
Tiine not more than
Six
Months
;
and every Person found in such House or itooni with-
out lawful Excuse, and every l’erson who shall be convictecl of gaming
in
ally
Street,
Way,
or Tlioroi~ghfi,tre or other Place of public Resort,
or
in any enclosed or unenclosed Land witliin the Limits of this Act,
sliall be liable to
a
i’endty not excee(1ing Five Pounds
:
Provided
always, that nothing lierein contailled shall prevent :my Proceeding
by
Indictment a,rrainst the Omner or Keeper
or
other l’erson having
the Care
or
3Ianagenient of
any
Gaming House
;
but no Person shall
be proceeded against by Indictrnent and also under this Act for the
same Offence.
Proof
of
CCLSXI.
And 1)e it enacted, That it shall not
be
necessary, in
gaming
for
support of any Information for gaming in or suffering any
Games
or
Money,
6.c.
not
nece+ gaming in, or for keeping or iisiug or being concerned in the Manage-
sars
in
SUP-
nient, or Conduct of
a
Ganiinc House under this Act,
to
ixove that
U
any l’erson found playing at
any
Ganie was playing
for
Ay
Xoney,
formation for
gaming.
Wager, or Stake.
Power
to
CCLSSII.
And be -it enacted, That it sliall
be
lawful
for
the
Com-
Purchase
missioners and they are hereby cmpowerecl, with the Consent of the
Persons owning the same, to agree with such Owners for the Purchase
Houses,
Buildings
and
Lands,
or for
a
1,ease
or
Ikmise of any Houses, Buildings, or 1,ands which
with
Consent
they may reqnire for the
hrpose
of opening
and
rnaking. more con-
of
O’vner:,
veriient ~oininunications, Ways, or Streets, and of widening or
im-
S.C.
proving, altering,
or
diverting
any
existing WTays or Streets, and for
the Erection and Construction
of
any
Gas
JITorlis,
Market Place, Ifarket
House, IVells, Reservoirs, Drains, Offices, Watch-houses, and Police
Stations, pursuant to this Act,
and
for all other the l’urposes of this
Act, or for all
01-
any such l’urposes, for the absolute Purchase of any
such Houses, Buildings, or Lands, or such Parts thereof
as
they shall
think proper, and of
all
subsisting Leases therein, and
of
all
Rcnt-
charges, Annuities, I\.lortgages, or ~ncumbrsnccs affecting any such
Lands, and all other Estates or Interests in such Lands, of dat Bind
soerer, either for
a
Consideration in Money or
by
way of Exchange
for any Part of such Way
or
Street which may become
useless
or
unnecessary.
Incorpora-
tion
Of’
’
CCLXXITI.
And
be
it
enacted, That the Lands Clauses Consolida-
tion Act, One thousand eight hundred and forty-five, shall be incor-
porated
Vict. c.
18.
9"
VICTORIIZE,
Cap.
xxx.
653
porated with and form Part of this Act, save as to such Parts as may
with this
be undefined by
or
are inconsistent with the Provisions of this Act.
,
CCLXXIV. And for the Purpose of providing against Deficiencies
Land Tas
in the Assessments for Land
Tax
or Yoor's Rate occasioned by the
:::,";'';:
making the Improvements hereby authorized, be it enacted, That
if
,T,ade
good
the Commissioners become possessed by virtue of this Act of any
sy
Commis-
Lands charged with the Land
Tax,
or
liable to be assessed to the Poor's
sioners until
Rate, the Commissioners shall, from Tinie to Time until the Improve-
f:''zy;e
ments shall be completed, and assessed to such Land
Tax
axid Poor's
Rate, be liable to make good the Deficiency in the several Assessments
for Land Tax and Poor's Rate arising within the said Parish by reason
of such Lands having been taken
or
used for the Purposes
of
the
Irn-
provemerits
;
and
such Deficiency shall be computed according to the
Rental at which such Lands, with any Buildings thereon, were valued
or
rated at the Tinie of the passing of this Act; and on demand of
such Deficiency the Treasurer
of
the Commissioners shall
pay
all such
Deficiencies to the Collector of the
said
Assessments respectively
;
nevertheless, if at any Time the Commissioners think
fit
to redeem
such Land
Tax,
they may
do
so
in accordance with the Powers
in
that,
Behalf given by the Acts for the Redemption
of
the Land
Tax.
Act*
CCLXXV.
And be
it
enacted, That the said Commissioners shall
Commis-
cause a
Map
or Plan of the Town and District within their Juris-
sionersto
provide
a
diction, distinguishing what Portion is within their Jurisdiction hlap,
which
for
Paving and Highway Purposes only, and what Portion is within
sI>all
be kept
their Jurisdiction for all Purposes, on a Scale not less than Six inches
in their
Of-
to
a
Mile, and shall cause to be delineated thereon all Buildings, IhdS,
fice,
and
be
Tenements,
and
Hereditaments belonging to the Commissioners, and
spection. open
to
In-
for what Purposes the same are used or are intended to be used, and
shall cause to be marked thereon all the public Streets
and
Thorough-
fares,
and what Portion thereof the Commissioners are liable to repair,
and the Course of all existing Sewers and Drains,
as
far
as
they can
be ascertained, and the Lines of Pipes
or
Conduits for the Collection
and Distribution of Water, also the Course of the Pipes for the Distri-
bution of
Gas,
and siich other Works, with such other Particulars
as
the Case may require, and shall cause
the
said Map
or
Plan to be from
Time to Time altered and amended, and Aclditioiis made thereto as
may
be required; anti such Map, or
a
Copy thereof', with the Date
expressed thereon
of
the last Tinie
it,
shall have been
so
corrected and
amended, shall be kept in the Office of the said Cornmissioners, and
shall be open at all seasonable Hours to the Inspection ofthe Owners
or Occupiers of any Lands or Tenements within such Town or District.
CCLXXVI.
And be
it
enacted, That the said Commissioners shall
Contour
cause to be inscribed on such
Map
and Plan
a
Series of Marks
or
Lines to
be
Figures denoting
a
complete System of levelling, exhibiting the true
marked
on
Form
or
Relief of the Ground in the Area
or
District,
and
shall also
Map, BenchMarks and
cause to be drawn, wherever practicable, Lines
of'
equal Altitude,
to
be
made.
commonly called Contour Lines, at every Four Feet of Elevation,
or
at such other Intervals
as
may appear, upon due Inquiry,
to
be the
best adapted for the Guidance of
Works
of Sewerage and Drainage,
for the Collection and Distribution
of
Water and of
Gas,
and for other
[Local.]
8C
public
If
Surveys
liave been
made
by
Board
of
Ordnance,
Plan
to
be
procured
for
Use
of
Commis-
sioners.
Power
to
levy
Itates
for
Paving
and
Higli-
way
Pur-
poses.
public and private Purposes within such District, and may
also
cause
proper Bench Marks
to
be
inscribed and marked
at
convenient Dis-
tances and Places, at the Corners of Streets, on Posts, Houses, or other
proriiinent Objects within such Town or District, which Bench
Marks
the said Corninissioiiers are hereby authorized to inscribe.
CCIXXVII.
Provided always, and be it enacted, That if
any
Survey
of such Town
or
District shall haw been iiiade under the Directions
of Her Majesty’s Board of Ordnaiice, iipoii
a
Scale
of not less tliaii Six
lnches
to
the Mile,
it
shall be lawfd
for
One of IIer Majesty’s l’riiicipal
Secretaries of State to direct
a
Copy of such Survey to be procured
for the
Use
of the said Commissioners, who sllall
calm
any
Additions
to be made thereto which shall appear
to
be requisite for the Guidance
of
future Improvements to be iiiade within the Limits
of‘
this Act; and
it
shall
he
lawful for the said Commissioners to cause every such
Plan
to
be
engraved,
print
ecl,
or lithographed,
and
coloured, in such Manner
as
niay appear to them most convenient
;
and the Costs
of
every such
Jlap
or
new Survey shall be paid
bp
the said Cornmissioners out of
the Sewer Rate herein-after authorized to be levied.
C‘CT,SSVIII.
,Ind in order to raise Money for the Purpose of form-
ing,
inaking, maintaining,
mid
Ix~piiig
in
rqxiir
tlie
C:wriageways
ancl other
\Vays
ancl
Roads,
and
of forming, making, pavino. flagging,
iiiaintaining,
and
keeping in repair the Streets
and
public lliorough-
fares within the Liiiiits of‘this Act, (that
is
to
say,)
as
well within the
Limits delineated in the said Map or l’laii deposited with the Clerk of
the Peace by the exteriial Boundary Line coloured
124,
as
within the
Limits delineated by
the
external Line coloured Black
in
the said
Map
or
Plan,
ancl
for
the
Purpose
of
defraying
all
other Espenccs which
inay
properly be incurred
by
the Coiiiniissioilcrs
:ts
the Surveyors of
the Highways within tlie
aforesaid
Liinits,
ancl
for securing, raising,
and
paying
any
Monies, and the Interest thereof, which may be
bor-
rowed
on
tIie Securitv of tlie said Rate fin- I’aving
and
HigLway l’ur-
poses,
be
it
enacted,u ’I’liat it sliall
be
lawf‘ul
for
the ~onimissioners,
once in
every
Pear after the pasdtig of’ tliis Act, to bc coinputed from
the Thirty-first
l>ay
of
Xnrcli
in each Year, or oftener if‘ they shall
tliiiik
it
iiecessary, to imkc One
or
inorc Ihte
or
Eates, Asscssn~eilt
or
Assessinelits,
upoii
tlie Occupiers
of
all
AIesswiges,
Builcliiiw Lands,
Tenements,
and
Hereditaments whatsoever witliiti the aforesaid 1,iinits
of this Act, which at the ‘J‘itne
of
passing
this
Act s1i:ill
be
by
Law
liable
to
be rated to the Repairs of‘ the 1Iighways within tlie said
Limits, according to tlie net annual Value thereof respectively, under
the Kame of the
Rate
for 1’:iving
and
Iligliway 1’urposes, to
be
signed
by
Six
or inore
of
tlie Commissioiiers, but,
so
’that,
any
such llates
or
A4ssessinents shall not exceed in
any
One Year in the whole tlie Sum
of
One
Shilling and Sixpeiice upon
sucli
net
annual Value, unless
Two Thirds
of
such Occupicrs within
the
aforesaid Liiiiits of this Act
present at
a
Meeting of such Occupiers, convened
as
herein-after pro-
vided, shall exl~ressly’autliorize the making and le~ying of
a
Eate
or
Bates for Paving and IIiglirvay l’urposes in
:my
Year
or
Years
beyond
the amount of One Shilling and Sixpence iii the l’ound, but not ex-
ceeding the whole in any One
Year
the Sum of
Two
Sliilliiigs and
Sixperice in the Pound,
and
shall
from
Time to Time
fix
the -4inount
of
Fr),
e.
’
655
of
Excess
of
such Ratcis diich shall be
made
in any One
Year
beyond
One Shilling and Sixpice
iii
tlie Pound
011
such net aniiiial 7‘alue.
CCLSSIS.
Provided nevc.rtlielcss,
and
be it enacted, That no
such
Occupiers
Occupier shall uncler any Circiinistances be lialh
or
called
upon
or
bIessuageF,
required to pay in
any
One
Year
in respect of any Messuages,
kc.
within
Builtliiigs,
IJaiids,
Tenements,
or
IIcrcditnnients within tlie 1,iniits of noulldary
Red
Line
the said csternal
1:oiindary
Line coloured IM
011
the said
?Ihp
01’
liable
to
no
Plan deposited wit11 the Clerk
of‘
the Peace (except
Jicssiiages
and
more
than
other
Eiiilcling:,
inid
Ilailwaj-s, to be lierenftcr erected
or
coii>triicted
pne
111
the
Pound
within such Liuiits, ?:-hicli shall separately be
of
the clear rateable for
Paving
annual
T-alue of
~pwards
of
Sis
l’oiincls), any greater
or
higher Kate a
It1
IIigIiway
for l’aving
and
Ilighway
1’uq)oses
than
a
Itate
or
htes :\mounting
I’urposes.
altogetlier to Oiie Shilling in the l’oiind upon tlie net, aiinual Value
upon
which such Jlcssiiages, lhiilclin~s Lands, Tenement?, ancl Here-
ditaments respectively shall
for
the
%me
being
he
ratecl to the Relief
of
the Poor of the Townsliil) of
iYo&
3leols.
CCLSXX.
And be
it
enacted, That every Inhabitant ~vlio
shall
Inhabitants
be
assessed
to the ltates
for
l’aving aiid Highway Purposes
made
under
under this Act
for
any
Lancls
within the Limits of this Act shall be
be
the
Act
from
to
released from 311 other htes ant1 ,isswsln(~lits fbr the Ikpairs of the
Higllrvay
Iligli~ray within tlic Towiisliip
of:Vwt//
Jlds
in
resl)ect of‘ such
Lands.
llates else-
CCLSXSI.
And be it enacted, Tlint the
(lliarges
and Espeiices
of
Power to
purchasing, const riicting, and rcpairing
Sewers
and
Drains within ancl
make Itate
for
Lighting,
otherwise maintaining effectually tlie wholesome Sewerage
and
Drain-
~c.
and
for
age
of
L‘-‘outlrport,
aiid
of
lightiiig, sweeping, cleansing,
and
watering
geneyal
Pur-
tlie
Strects
and
pitblic Tliorou~hti~rc~ within
,So?~tltport,
ant1
all
Monies poses
of
the
s1)rci:tIIy
iiiaclc
1xiyablc
by
this
i\ct
out
of‘
tlie Itate
for
Sewering,
Act.
Iiglitiiig,
mid
Geiieral l’nqxxcls, together with tlie Sal:iric1s
of
2111
Officers
acting
iii
the 1l:xccution
of
this Act,
iinlclss
otherwise
provided,
and
:ill Jtonies borrowed on Seciirity of the kite
for
Sewering, Iighting,
ant1
General l’iirposes,
or
other the
l’ropcrty
of
the C‘ominissioners
(csccpt the Rates
for
l’aving and
Highway
Purposes
and
the Sewer
Eate),
and
the Interest thercof;
and
a11
Costs,
Charges,
ant1
Ilxpences
of securing, riiising,
niitl
payiiig the
same,
and all other
lloiiies,
Costs,
Charges,
ancl
Ihlwiiccs not othci-mise providecl for, attencling-
or
inci-
clental to the I:seciitioii of the
l’owers
of
this Act,
or
what the C‘om-
iiiishicmers, in tlie Execution
of
this
,let,
inay become liablc.
for
or
be
called iipon
to
pay, shall be
borne
and
pait1
1)s’
the Occiipiers
of
all
Xessuages, Buildings, Tcneincnt.;,
and
1Ieredit:iinents within
Soiit/Lport,
except
as
herein is mciitioncd, according to tlic net anniinl
Value
of
tlie
s:inie
;
aiid
for
that
l’urposc
it shall be lawful
for
the said C‘ominis-
sioners, from The to Time
as
often
as
they shall think it necessary,
to in:ike
an
eclual Rate
or
Assessment under the Kame
of
‘(
The Rate
for
Sewerii~g~ Lighting,
mid
Cencrnl l’urposes,’’ to bc signed by Six
or
more
Comniissioncrs,
npon
such
iVessuages,
Buildings, Tenements,
aiid Hereditaments within tlic said Limits,
so
as
such Rates
or
Assess-
ments do not esccccl
iii
any
Onc
Year
the Sun1
of
One Shilling in the
i
oiind
011
such
net annual Yaliie, unless
Two
Thirds
of
the Occupiers
of
l’remises liable to such Rate expressly authorize the making
2nd
levying of a Kate
or
Rates for
Sewering,
Lighting, and General Pur-
poses
H
here.
656
poses in any Year or Years bei-oncl the Amount of One Shilling in the
Pound, but not exceeding in ’the whole
in
any One Year the Sum
of
Two
Shillings in the Pound, and shall
froin
Timc to Time
fix
the
Amount of
I3scess
of such
Nates
which shall be
so
authorized to be
made in any Year or Pears beyond One Shilling in
the
Pound upon
such net aiinual Value
:
Provided always, tlint no I’erson shall be
rated to the said ltate for Sewering, Lighting,
and
General l’urposes
for or in respect of any Arable,
lImclo~v,
l’asturc,
or
JYoocl
Land,
or
any Coal Rlines, or any Stable
or
Building used for the Purpose of
Husbandry only, or
of
any Tithe,
or
Composition in lieu of Tithes,
within
Southport,
or
for or in respect of any Houses, Nessuages, Build-
ings, Lands, Tenements,
or
Hereditainents whatsoever within the
Limits of the said ext,eriial Boundary Line coloured Red on the
said
Notice
to
be
Map or Plan deposited with the Clerk
of
the Peace
:
Provided always,
given
of
that Kotice of the Intention
of
the Commissioners to make any Increase
Meeti%sto
in any One
or
more
of
the llutes
by
this Act authorized to be made,
and
specifying the Tirnc ancl l’lace
of
Meeting, shall from Time to
increase
Rates.
Time be given by thein
One
Xoiitli previous to such Meeting, by public
Placaid,
or
Advertiseinent iii soiiie Sewspayer printed or circulated
within the Limits of this Act,
arid
by
a
Sotice posted on
or
on some
conspicuous l’lace near
to
the Ihtrance to the principal Office of the
Commissioners.
Exemptions
from Rates.
CcLsSxII.
Provided always, :tiid be it enacted, That
no
Person
shall be rated to any Kate whatever made in pursuance of this
Act
for or in respect of any Church, Chapel, Meeting House,
or
other
Building exclusively used for Public Worship,
or
any Building esclu-
sively used for the gratuitous Education
of
the Poor, or for the
Purposes
of
public Charities,
01-
any Building
or
Land belonging to
the Commissioners.
Net
annual
Value to bc
determined
according
to
the
Provi-
sions
of
6
&
7
cv.
4.
c.
96.
CC1,SXXIII. And be
it
enacted That the net annual Value of‘
all
such Property in respect
of
which the Person who shall hold,
use,
or oc-
cupy the same is liable
to
be rated under the Provisions
in
this Act
contained, shall
be
ascertained according
to
the
Meaning
of
the Words
“
net annual Value
”
as
described in an Act of Parliament passed in
a
Session of l’arliament, held in the Sixth and Seventh Tears of the
Reign of His late Majesty King
TIriNiunz
the Fourth, and intituled
An
Act
to
regulate
Pamchia
1
A,wessm
ents.
poor
Ratos
CCLXXXIV.
And be
it
enacted, That
it
shall be lawful
for
the
to
be
open
Commissioners,
or
for any Person
by
them authorized, from Time to
toInsPectiol1
Time
to
inspect the several Poor Rates for the said Township of
North
iUieoZs,
and the Assessment by which the same are made, and
by
Commis-
sioners.
take
Copies of or Extracts therefrom respectively
;
and
if
any Person
having: the Custody of such Hates
or
Assessments shall
not
suffer the
Commissioners,
01%
any Ir’erson authorized by them, to inspect the
same, or take Copies thereof or Extracts therefrom, he
shall
forfeit
a
Sum not exceeding Forty Shillings for every such Offence.
Valuer
to
make
a
De-
claration.
CCLXXXI’.
And be
it
enacted, That before any such Valuation
shall be made the Person appointed
to
make such Valuation shall make
and subscribe
a
solemn Declarstion
to
make such Valuation fairly and
impartially
9”
VIC‘L‘ORIB,
Cap.
xsx.
impartially according to the best of his rTnclgment
;
and an
Xiltrj-
or
Minute shall be made in the
Eook
of I’roceedings of the C’oniinis-
sioners of the making
and
siibscribins of siicli l)eclaration,
and
of the
Pate of makiiig the
same
;
anti
any Justice to wlioiii Application may
be iriacle for that l’iiiyose
is
lierel
q-
reqiiirccl
to
atliniiiister such
Declar
a
t’
1011.
CCLXXXVI.
And be
it
enacted, That it shall
lie
lawful for the
Rates
may
Commissioners to make any such lintc
fiir
the
l’urlmses
aforesaid
be
Prospec-
prospectively to raise Rloiiey to
pay
Cliai.ges
and
lkpences to he in-
spective.
tive or retro-
currecl thercaftcr,
or
retrosppcctii-ely to raise
Money
to
l)ay
Cliarges
and Expences already incurred.
CCLXXXTlI.
And
be
it enacted, ‘That wheii any Premises in
Unoccul)iec’
Prcmises
respect of which any
I’ersoii
may
be liable to be
assessed
to the Rate
be
in-
for Paving and Highway
Ynrposes,
or
tlic Kate for Semring, Lighting,
cluded in
and General Purposes, under the Provisions
of
this Act, shall at tlie
the Sewer-
Time
of
making any such Rates
be
unoccupied, then ancl in every such
!%
Light-
Case
it
shall be lawful for the Comniissioiiers to include such 1’remi.es n,oral
in the said ljate, describing them in the Coluiiin in the said Rate
but
the
appropriated to the Name
of
the Occupier
as
beiiig
“
void;” ancl if
Rates are
any
Person
or
Persons
shall afterwards occupy such Property during
not
to
be
c
01
1
ec
t
ed
any
Part of the Pcriod for which such Ihte
shall
have been macle, it
unless
tile
shall be lan.ful
for
tlie Conuiiissioners to insert in such Kate the Kame
Prelrllses
of snch Occnpier,
and
to collect froin
such
Occupier,
or
from
the
Owiier,
are
after-
if he shall
be
liable to pay the same, such l’ortion
of
tlie said Kate5
:IS
wards
OCcL‘-
shall be proportioned to tlie Time during which
hucli
Person
or
l’crsons
shall occupy such I’ropcrty,
ancl
every such l’erson shall tliercnpoii be
deemed to all Intents ancl‘l’urposes to lie properly rated
;
and
all such
Rates may be collected and recovered from the
Person
who
sliall
be
liable to pay the
saiiie
undcr
the Provisions of this Act in tlie
same
Maimer
as
other Rates
iiiade
payable iuiider tlie I’ro~isioiis
of‘
tliis Act
:
Provided ahays, that any snch
Person
whose Name shall
be
so
in-
serted in such Rate,
and
such Owner
as
last aforesaid, inay appeal
against the same to the Justices at Special Sessions, or to the General
Quarter Sessions which shall
be
holdeii next after such Insertion of
his Name
as
aforesaid
:
Provided
also,
that, except
as
aforesaid, no
Kate
for
Y:tving ancl IIigh~vay
I’urposes,
or
for
Lighting
and
General
Purposes, shall
he
payal~lc
by
any
l’ersoii
whatsoever in respect of
nn
occupied Pi*ernises.
ing,
and
Ge-
1)
i
e
cl.
(‘CLXXXT’III.
And
be
it enacted, That everv Iderson who sliall
let
his House in separate Apartnients
or
read!-
fi~rii~~hed shall be rated
as
the Occupier thereof.
CCLXXXIS.
And
be
it enacted, Tllat the
Owiiers
of
all
rateahle
Property within the Limits of this Act tllc yearly rateahle \-due
whereof respectively shall not exceed
Foiir
I’ouiids,
or
which shall be
let in separate Apartments, shall
be
rated to ancl pay the Kates by
this Act directed to be macle, instead
of
the Occupiers thereof.
CCXC.
And
he
it cn:ictcd, That whenever the Kame of any
Owner liable to
bc
rated
iuider
the I’roviqionq
of
this
,4ct shall not
he
[Loctrl.]
80
kno
n-11
As
to
thc
rating
of
Houses.
Owners
to
pay the Rate
in
certain
Cases.
Lo
d
g
111
g
h’ot
i;eces-
sary
to iiarne
the
0iviic.r
658
where
un-
known.
kiiowii to the Coiiiiiiissioners
or
to the Person making the Rates,
it
shall
be sufficient to rate such Owner in the Itate
Book
of the
Com-
missioners
as
the Owner
of
the I'roperty to be rated
by
the Designa-
tion of tlie
"
Ownci.,"
without st,ating his
Name.
Deductions
to
be
made
in
assessing
Rates
on the
Owners of
Premises
of
less annual
Value
tlian
Four
Pounds.
CCXCI.
,4nd whereas it
is
reasonable that
a
fair
Deduction
should
be
made to the Owners
of
all
rateable l'roperty, tlie ftill net
annual Yalue whereof shall not exceed Four l'ouncls,
wlio
are
required
under the Provisioiis herein-before contained to
pay
llates
:ind
Assess-
iiieiits instead
of
the Occupiers thereof,
as
an Equivalent for the
Losses
they
are
liable to sustain by
reason
of the frequeiit Clianges in the
Occupation of such Premises,
and
their Liability to recover from such
Teiiaiits the Rents
due
in respect tliereof; be it eiiacted, That iii rating
and assessing such I'reinises under the Provisions of this Act there
shall be deducted froiii the Kent
at
which the same miglit reasonably
be expected
to
let from Year
to
Year,
as
in the said Act
called
"
The
l'urocliial Assessment Act
"
is mentioned, not only the probable average
aiiiiual Cost
of
tlie Repairs, Insurance,
and
other
Experices
(if
my)
necessary to maintain thein in
:L
State to command such Rent, but
also
:i
Sum not escecdiiig Fifteen Pouiicls
per
C'c~ituw
on
tlic
Aniount of such
Rent,
as
and for
aii
Equivalent
for
sucli Liability to Losses
as
aforesaid
;
and
thc Eate
at
wliicli sucli Deduction shall be madc withiii the Liiiiits
above iiientioiied
sliall
be in tlie Discretion of the Comriiissioners accorcl-
ing
to
the
Circuinstaiices of'tlie Case.
Occupiers
CCSCII.
Provided a,lwa,vs.
and
be
it enacted. That
it
slid1
be la\vf'ul
.I,
for the Occupiers
of
any rateable I'roperty
of
wliich tlicy shall be
1e;iants from
Year
to
l'ear
to clemnnd to
be
assessed
for
the
same,
mayberated,
if
they
tliink
r,
fit. aiid
to
pay the Rates in respect tliereof, niade under tlie Authority
of
this Act, and tlie Cominissio~ic.rs shall assess every
sucli
Occupier
so
long
as
lie shall duly pay
tlie
said Rates.
Notice
of
Rate
'"
be
gv
en.
CCSCIII.
And
be
it
enacted,
Tliat
no
Ilste to
be
made
unclcr tlie
,luthority of this Act shall
be
valid uiilcss Soticc of tlie Jiiteiition
of iiiakiiig such Rate,
aiid
of
tlie Tiiiie at
whicli
the saiiie is intended
to
be
niaclc,
and of tlic l'lace
where
a
Statciiieiit of
the
proposed
Rate
sliall be cleposited for Inspcction,
r-hall
be
given by the Coiiiniissioiiers
by Atlvcrtisciiicrit Twice in soiiie
Sewspaper
printed
or
circulated
within the Liiiiits
of'
iliis Act, imiiicdintelj- previous to such Kate being
made, or
as
nearly
so
as
may be, and
by
Notice 1)osted not more
tliaii
Fourteen aiicl
not
less tlian Seven clear
Days
before
tlie inatking of each
such
Ihte upoil,
or
upon
sotne
coiivciiichnt and conspicuous Place near
to the Entrance Door of
the
principal Office
of
the Commissioners.
Rates
tobe
CcXcI\'.
And be
it
enacted, That every htc
riinde
under
tile
vested
in
the
Lluthority of this Act sh:iH
be
fairly transcribed in
a
Eook
to
be
kept
for
that
Purpose,
aiid sliall contain an Account of every Particular
Comni
is-
sioners.
set
forth at the
Head
of the respective Coluiiiiis in
the
Forin given in
the Schedule
(R.)
to this Act
annescd,
so
far
as
tlie
same
caii be ascer-
taiiiecl
;
aiid
every such Rate
019
Asscssiiieiit
shall
be sigiied by not
less
tliaii
Six
of
tlie Coiiiniissioiiers
;
and
every sucli liate sliall
be
vested in
the Coiiiiiiissioiiers, and shall
be
payable at
such
Times
as
the
said
Coinmissioners shall order and direct.
CCXCIV.
And
9”
VICTORIB,
Cap.xxx.
659
CCXCV.
dncl be it enacted, That in any Proceeding to levy
Kate
Books
and recover or conscqucnt on the levying or recovering
of
any Rate
to
be
under the Provisions
of
this Act the
Books
of
Rates
of
the Commis-
sioners, and all Entries
made
therein in manner by this Act direct,ed,
shall by the Production thereof alone, and without any Evidence that
the Xotices and other Requirements of this Act have been given
or
complied with, or Proof of
the
Signatures of tlie Commissioners whose
Kames shall appear thereon or sulJscribed therein, be received
as
Evideiice of
such
ltate :incl of tlie Contents thereof.
den
ce.
CCXCVT.
.\id
be it enacted, That iinmecliately after any Rate shall
Rate
to
be
be
made the
same
shall
be
open to the Inspection of ally Person
open to In-
spection
of
rated in such
Rate,
at all seasonable Times
;
and any such Person
inay
Itatc-payers.
take Copies
or
Extracts from such Rate without paying any thing for
the same
;
and if the Perkon having the Custody
of’
such Rate shall
refuse to
or
shall not permit aiiy Person
so
rated as aforesaid
to
take
Copies
or
Extracts from such Itate he
shall
forfeit
for
every such
Offence any
Sum
not exceediiig Five Pounds.
CCSCVII. And be it enacted, That
it
shall be lawful for the Coni-
Rates
may
missioiiers froni Time to Tiiw to ainend
any
Rate made by virtue of
be~~ended*
this Act, by insertilig tlierein tlie Name
of‘
any Person
wlio
ought to
have been rated,
or
by striking out tlie Kame of any l’ei-son who
ought not to have been rated,
or
by
raising. or reducing the Sum
at
which any
Person
shall have been rated, if it shall appear to them
that such
Person
has been unclei--ratecl
or
over-rated,
01-
by inaking
such other Aiiieiitlnieiits thcreiii
as
will malic such Kate conformable
to this Act
;
aiid no such Anieiidrnent shall be held
to
avoid the Ihte
:
Provided always, that every
Person
who shall
he
aggrieved by any
such Alteratioii
sliall
have tlic same Kig.ht
of
,\ppeal therefrom
as
lie
woulcl
have
liacl
if
liis ;?;:iiile
had
been originally inserted in such Kate,
and no
such
Altc~ration
hncl
been made
;
and every l’erson whose
Rates shall be :iltercd shall
be
entitled to Seven Days Kotice of
such
Xlteratioii before tlic Rate shall be payable by liiin.
CCSCT’llI.
And
be
it enacted, That if any Person shsll think him-
Parties
“6-
self aggrieved by ally Rate,
on
the Ground
of’
Inequnlity, Unfairness,
grieved
on
or
Iiicorr~ctiiess in tlie I’alriation of any rateable l’ropcrty included of‘
the
Ground
therein,
he
may appeal to tlic Jmtices at any Specid Sessions which
may
apt,eal
inay
be
holden
for
thc lXvisioii within which tlie Township of
h’brtlh
to
Petty
,lIeols
shall for tlie Time beiiig be situate,
under
tlie Provisions
of
the
Sessions.
said Statute passecl in
a
Session
of‘
l’ariiaiiient holden in
the
Sixth and
Seventh Years of‘ the Iteign
of
His
late hlajesty King
7J’iZ&m
the
Fourth, aiid iiitituled
-4n
Act
to
wgulate Y~c~ocl~icd
A.i.sessme?zts
;
aiid at such Special Sessions,
or
any Adjournment thereof, the Jus-
tices there yresciit shall hear and determine
a11
Objections to ally
such
Rate, on tlie Ground of Inequality, Vnfairiiebs,
or
Incorrectness in the
Valuation of any Property iiiclndecl therein, which Decision shall be
binding. and conclusive on the l’nrties, unless tlie Person
or
Persons
impugning such Decision
sliall,
within Fourteen
Days
after the
same
shall
have been made,
cause
Xotice to be given in Writing of his In-
tention to appeal against such Decision, and of tlie Matter or Cause
of
such Appeal,
to
tlie Person in whose Favour such Decision shall
have
660
Justices
in
Special
Ses-
sions
mag
amend
Rates,
allcl
award
costs.
l’arties
ag-
grieved
by
aiiy
Ilatr
inay
appeal
to
tlie
Quar-
iel
Sessions.
9”
VKTORIB,
Cap.
xxx
.
liave been made, and witliin Five
Days
after gi~7ing such Notice shall
enter into
a
Recognizance
before
some ,Justice
of
the Peace, with suf-
ficient Securities, conditioned to
try
such Appeal
at
the then next
General
or
Quarter Sessions of the Peace which shall first happen,
and
to
slide
the Order
of
aiid pay sucli Costs
as
shall be
awarcled
hy the
Court at such Sessions or any Adtjooumment thereof; and such Court,
upon hearing and finally determining- such Matter of Appeal, shall
aiid
inay, according to their Discretion,
award
such Costs to the
Party appealing
or
appealed ag-zainst
as
they shall think proper, aid
their Determination in
or
concerning the I’rciiiises sliall
be
conclusivcl
and binding on
all
Parties to a11 Inteiits
ancl
Purposes whatsoever
:
Provided always, that
110
such Objection
:is
:ifbres:iicl shall be inquired
into by the said Justices in Special Sessions unless Sotice of such
Ob-
jection in Writing under the
Hand
of the Complainant shall have
been given Seven
Days
tit least
bcfi)re
the
1)ay
appointed
for
such
Special Sessioiis, to tlie Coiiiniissioners
by
whom sucli Rate
TV~S
made
;
provided also, that the said Justices in
Sp&d
Scbssioiis shall not be
autliorizecl to inquirc. into tlie Ihhility
of
any l’rol’erty to
be
rated,
but oiily into the true \r:ilue
tlic.i*cof;
aiid into tlic Fairness of the
Amount at wliicli the
b:ime
shall ha~c lxen rated.
CCSCIS.
diid
be it enacted, That the Justices present
at
any
such Special
or
adjourned
Seshions
s1i:ill
for
tlic aforesaid Pnrposes
have all the Power
of‘
aniendiiig or
cluasliing
any siicli 1’Late
so
ob-
jected to, and likewise of
awnrdin~
Costs to be picl
by
or
to
any
of
the
l’arties,
as
any
Court of Ouarter Sessions has
oil
any ,\ppe:il against
a
Poor
Kate
;
and such Costs sliall be recovercd in the
sanie
Jlmner
as
any-
Penalty under this Act
:
l’roriclecl alw~ys, that
110
Order
of
the
said ,justices shall be
remm-ccl
1)y
Certiorari
or
otherwise into any
of
Her Majesty’s Courts of
Eecord
at
Il~csf~iiii~st~r
;
provided also, that
nothing in this
L4ct
contaiiied shall be constmecl to deprive
any
Person
of
the Right to a1)peal agaiiiqt
any
Eate to
any
Court
of
General
or
Quarter
Sessions
;
pro~icled :dso, that
no
Ordcr
of the
said ,Tustices in Special Se>sions shnll be
of
any
Force pending any
Aplwd
touchi~lo the
sanic
Snlijt1c.t 3I:itter to the Court
of
General
or Quarter. Sessions of the
I’cacc‘
Iiaving
,Turisdiction to try such
Appeal,
or
in opposition to the
()rder
of
:my sidi (‘ourt
upoii
wch
Appeal.
?
r
CCC.
Aiid
be it enacted, That if
any
l’crson
sliall
thiiik him-
self aggrieved
by
any Rate made
under
the Authority of this Act,
or
by
any Jfatters included in
or
omitted from the
same,
he ma!-
uppeal
to
the next General
or
Quarter Sessions of the Peace
for
the
County
or
Borough within which such ‘l’o\vn
or
District
sliall
be
situate
;
but
no such Appeal against such Rate,
or
any Matter contained
in
or
omitted
from
the same, shall be mtertained at such General
or
Quarter Sessions, unless Fourteen clear
Days
Soticc in \Yriting
of
sucli
Appeal, stating the Nature
and
Ground thereof,
be
giwn
by
the
aggrieved
Party
to the Commissioners
;
and
at the General
or
Quarter
Sessions
for
which any such Sotice of Appeal shall be given the Court
sliall proceed to hear
and
determine the L4pl~eal in
n
sunmlary
IYay,
except when tlie
Court
shall think
fit
to adjourn the Appeal to the
following Sessions, wliich they
are
hereby authorized to
do
;
and
iii
all
Yo
VICTQRIB,
Cup.xxx.
6'61
all such Cases the Court shall hear and determine the Appeal at such
last-mentioned Sessions.
CCCI.
And be it enacted, That the Court of Quarter Sessions shall
Quarter Ses-
in any Appeal against any Rate made under the Authority of this
Sioi~S,c1-C.,
to
Act have the sarne Powers
of
amending or quashing such Rates
as
are
to
amend
by Law vested in them respectively for ainending or quashing the Rates
and
quash
for the Relief of the Poor within their Jurisdiction upon Appeals
Rates, and
against such Rates, and shall likewise
have
respectively in any Appeal
award
as
in
Appeals
against any Rate made under the Authority of this Act the same
againstPoor
Powers of awarding Costs to be paid by or to any of the Parties to
Rates.
an Appeal, and of recovering such Costs,
as
are iiow vested in thein
respectively for awarcling ancl recovering Costs in
an
Appeal against
any Rate for the Relief of' the Poor within their Jurisdiction.
have Power
CCCIT.
And be it enacted, That if any Person rated under the
Rates
to
be
Authority of this Act shall not pay any of the said Rates clue froin
~~s~~''srs~c'
him for
th
Space of Fourteen Days after Denland thereof in Writing
by the Commissioners or their Collector,
it
shall
be
lawful for any
Justice, on the Application of the Commissioners or their Collector, to
siimnion any such Person to appear before hini
at
a
Time to be men-
tioned in the Summons, to show Cause
why
the Rates clue froin him
should not be paid; and in case no sufficient Cause for the Xonpay-
iiient of such Rate shall be shown accordingly the same shall
be
levied
by Distress, and such ;Tustice sliall iesiie his Warrant accorclingly
;
or
if the Sum sought to be recovered shall amount to Twenty Pounds or
upwards, the Commissioiiers inay recover the
saiiie
by Action of Debt
in any of Her Najesty's Courts, or in any Court having Jurisdiction
there to the Amount sought to be recovered.
CCCIII.
And be it enacted, That the Warrant of Distress for the
Form
of
recovering Konpayment of any Rate macle payable by this Act may
E:f;:.
Of
include one Person or several Persons, arid may be in the Form
01'
to
the Effect mentioned in Schedule
(C.)
to
this Act annexed; and
penalty
on
in all Cases where
a
Distress is liereby authorized to be made every
Constable
Constable authorized by the Warrant to levy any
Sum
mentioned
refusing to
therein shall, upon being requirecl
by
a
Collector of the Rates, aid
in
making
a
Distress or
Sale
pursuant to such Warrant
;
and every
Constable
who
shall refuse to clo
ro
sh:dl be liable to
a
Penalty not
exceeding
Fiw
Pouiicls.
CCCIJ'.
Provided always, and be it enacted, That it shall be lawful
Cornmirt
for the Commissioners
to
reduce or remit the Payment of any Rate,
sioners
nla~
on account of the l'overty or Sickness of any
Person
liable to the incertain
reniit Rate
Payment of the Rate.
Cases.
CCCV. And be it enacted, That if any Person shall quit or be
quitting
be-
about to quit any rateable Property before he shall have paid the Rates fore
Pay-
then payable by hiin in respect tllereof, and shall not pay the same to
ment
of
the Commissioners or their Collector, on demand, it shall be lawful for
Ilates inay
any Justice of the Peace ha\-ing Jurisdiction where such Person inay
:i
~~~~~~-
reside or his Goods be found to summon such Person
to
appear before
Justice
to
hiin
at
a
Time mentioned in the Summons, to
show
Cause why the
show Cause.
[Local.]
BE
Rates
9"
VICTORLa,
Cup.xxx.
'Hates
to
be
apportioned
on
Holder
quitting.
Rates due
from Owner
inay
be
re-
covered
fiom
Occupier.
Penalty on
Occupier
refusing to
give
Name
of
Owner.
Rates should not be paid, and if
no
sufficient Cause
for
the Xon-
payment of such lhtes be shown accordingly the same shall be levied
by Dictress,
ancl
such cTustice shall issue his \Y'arraiit accordingly.
CCCT-I.
And
be
it
enacted, That when any llate shall have been
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
Pro-
perty in respect whereof he shall be rated before the End of such
Period, such Occupier
or
Owner shall be liable
to
pay a Portion only
of the 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
Itate shall have been made such Person shall pay a Portion
of such Kate proportioned to the Time during wliich he slid1 have
held or occupied the Property
so
rated, and tlie same shall be
re-
covered fi-om him in the same ;Manner as if he had been originally
rated for such Property.
CCCTTT.
And be it enacted, That mlien the Owner of any rateable
Property shall under the -1uthority
of
this Act have been rated in
respect thereof, and the Rate shall remain uripaid
for
the Space
of
Three
Months, it shall be lawful
for
the Coinmissioners
01'
their
Collector to recover
the
Amount
of
such Rate
from
the Occupier of
suck' rateable Property,
by
I>istress aid Sale of Lis
Goods
and Chattels,
in like Jlanner as Rates may
be
recovered from the Occupier of any
Property liable to be rated
:
Provided always, that no such Occupier
shall be required to pay nor shall his Goods and Chattels be distrained
for any further Sum than the Amount of Rent due from hiin at the
Time 'of the Demand made upon him for such Ainouiit of liate, or
which shall after such Demand, and Xotice not to pay the same to
his Landlord, at
any
Time accrue and become payable by him, unless
he shall refuse,
on
Application being niade to him
for
that l'urpose by
or
on behalf of the Coinmissioners, truly to disclose the Amount of
his Rent, and the
Same
and Address of the I'erson to whom such
Rent
is
payable; but the Burden
of
l'roof that the Sum demanded
froiii
any
such Occupier
is
greater than tlic Rent which
was
due by
him at the Time of such xotice, or which shall have since accrued,
shall lie upon such Occupier.
CCCWlI.
Arid
be
it enacted, That if,
011
the Request of the said
Commissioners, or of the Collector of the said Rates, the Occupier of
any Property shall 1-efuse
or
wilfully omit to disclose
or
shall wilfully
mis-state to the Comniissioners
or
Collector inaking such Request the
Name of the Owner of such Property, or of tlie
I'erson
receiving or
authorized to receive the Rents of the
same,
it shall be lawful for any
Justice of the Peace, on Oath m:de before him
of'
such Iteqiiest, and
of such Refusal
or
wilful Omission
or
Mis-statement, to summon tlie
Person who shall have
so
refused,
or
wilfully omitted or mis-stated as
aforesaid,
to
appear at the Time and Place to be mentioned in such
Summons before such tJustice,
or
before
some
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,
ancl
not
show
9’
VICTORIA%,
Cup.xxx.
66.3
show
good
Cause to the Justice then present for such his Refusal
or
wilful Omission
or
Mis-statement, it
shall
be lawful
for
such ?Tustice,
upon
Proof;
in case of the Neglcct
or
Refusal to attend
as
aforesaid,
of the due Service
of
the said Summons,
or
on such Attendance, to
impose
a
Penalty
iipon
sucli
l’erson
who shall have
so
refused
or
wil-
fully omitted, or have
iiiadc
such wilful Mis-statement, not exceeding
the
Sum
of‘
Five I’ountls.
r’l
CCCIS.
l’rorided
aha)-s,
ant1
be
it enacted.
1
hat
when
any
Tenants
uI1-
Owner shall be rated in
reqpcrt
of
any rateable Property which shall
(‘er
existing
be in
the
Occupation
of
any ‘L’enant under any
Lease
or
Acreerncnt
”c1’“3’
t,,c
made prior to the passing
of
this Act,
such
Tenant shall repay to the o~\.,,~~.
Owner
all
Sums
whicli
sliall
he
paid
by
the
(
)nrlier oil
account of any
htes
Iiincle
unckr
tliis Act diiriiig tlie Continwiice
of
such Lease,
unless it shall havv been
ngreecl
that thc Owner shall pay all
Rates
in
respect
of
such I’roperty.
Leaws
to
CCC‘X.
And be
it
enactcd, That the several Persons
who
at
the Surveyors
of
Time
of
tlie
passing
of
thid Act shall be Surveyors
of
Highways for I-Iidlways
the said ‘l‘ownship
of
ATot*tli
I1feol.s
shall :mtl thej7
are
hercbj- ern-
may proceed
Re-
powered to procecd for the Necorery
of
any Highway Ifate inacle in
coLcry
ot’
the said Township,
and
which
shall
then remain unpaid, in the same
Arrears
of
ilhniier
as
they
might
liave
done
if’
this
Act
hac1
not
been passed, and
H~;S~]\VJY
reiiiibursing themselves any Costs and Expenccs which they
miy
liave
incurred
as
such Surveyors
ai
aforesaid, and in Payment :ind 1)ischarge
of
any llebts mhicli may
be
Icgallv
clrie
and
owing
froin them in rcspect
of the liighways witliiii the s:d Township, and
so
much
of
the
Sur-
plus
(if any)
as
shall arise froin
anv
lleswages,
Buildings, Lands,
Tenements,
or
Hereditament, within the limits
of
this Act
for
I’aT-ing
and Highway Purposes, shall be handed over by them
to
the Treasurer
to
the said Commissioners,
and
sliall be applied to the
s:iiiie
Purposes
as
the Rate
for
I’aving
and
Higliway Purposes hereby authorized
to
be levied is directed to be applied.
shall apply the BIoriey mliicli they inay
so
recover, in the
first
place, in
IL1tes.
CCCXI.
And be it enacted,
That
separate Accounts shall be kept
Separate
and published
in
manner hcrcin inentioned
of
all Nonies levied
and
Accounts to
collected under the several
Rates
f’or
“Seweriitg, Lighting, and Geiieral
be
kel’t,
and
Purposes,”
for
“
Paving and
T
liphwxy
Purposc~s,”
and of the Application
of
the
saine
respectively, and
of
all Monies raised on Security
of
such
Rates
respectivcly,
or
on other tlie l’roperty of the Commissioners,
under the
l’owers
herein-after contained, and of‘ the A4pplication
of
such Monies respectively.
1’
ublished.
CCCSII.
And in
order
to raise
JIoiiey
for
defraying the Kxpences
AIoney
Inay
incurred
or
to be incnrrecl by tlie Coinmissioners
in
carrying
into
be
boriowec!
eEect the Provisions
of
this Act
as
to
the paving, repairing, arid On
Secu”it~-
of
the
P.w-
forming the Streets and
Road.:
within the Liinith
of
this
Act,
be
it
ing
enacted, That it shall
be
lawful
iiw
thc Commissioners and they are
hereby authorized
froin
Tiine to Time
to
borrow and take
up
at Inte-
rest
on
the Credit
of
tlie Hates herein-before authorized to
bc
made
and levied,
and
called the
‘‘
Kate
for
l’winp and Highway I’ui~1)0ses,’’
of
and
from any
l’erson
who shall
Le
~villing to advance the hame, the
Sum
664
Yo
VICTORIB,
Sum
and
Sums
of Money iiecessary for defraying the Costs, Charues,
and Expences incurred or to
be
incurred by them in forming, making,
msintaining,
and
keeping in repair the Carriageways and Roads, and
forming, mal&ig, paving, flagging, rnaintaining, ancl keeping in repair
the Streets and public Thoroughfare witliin the Limits of this Act for
Paving and Highway
I’iirposes,
01-
aiiy Part or Parts tliereof
;
and
for securing the ltepaynieiit
of
such Sum or Sums of Money, with
Interest at
a
ltate not esceeding Five Pounds
pi’
CYe12tu11i
per
L47~?2~)?~,
the Commissioners inay iuortqige ancl assign over tlie said Kates
or
Assessments for Paving and Higliway l’iirposes,
or
any Part thereof,
to
the Person
who
shall
advniice
such Jfoney,
or
his Trustee,
as
a
Security for the JIoiiey
so
to be
borrowcd,
together with Interest for
the same.
P
Money
may
CCCSIII.
And
in order to raise Money which the Coriiinissioiiers
be
borrowet1 may in carrying this Act into effect require for defriiying the Costs,
Charges,
ancl
lhpenccs to be incurred
by
the Comniissioners in pur-
on
Seciirity
of
the
Rates,
and
on
other
chasin6, const~~ucting,
ancl
repairing Sewers arid Drains within and
Propet
ty
yf
otherwise maintaining effectually the wliolcsonic Sewerage aiid Drain-
the
Cornn1ls-
age of‘
Sozithport,
and in lighting, sweeping, cleansing and watering
thc Streets
ancl
public ‘Ylioroughf:,ires within
Sozitlqioif,
or for tlie
Pay-
sioners.
nient of
any
other nroiiies, Costs, Charges,
and
I3xpences
by
the Act
specially inade payable out of the
Ihte
for Sewcring, Lighting, and
General
Purposes,
togctlier with tlic Salaries
of
all Officers acting in
tlie Execlition of this Act, unless otherwise provided, and on the
Pay-
inent of any Monies which
may
be borrowed on the Security of such
Rates, and the Interest thereof, and of the Costs, Charges,
and
Ex-
pences of securing, raising, and paying tlie same,
and
for payiiig
and
defraying
all
other Monies, Costs, Charges, and Expences which the
Comniissioners
may
in the Execution
of
this Act from Time to Time
becoiiie liable
or
be called
upon
or
required
to
lmy,
or which may
attencl
or
be incidental to the 1l:secution
of
this
Act,
and
vhich is not
by
this Act otherwise provided for, be it enacted, That it shall be
lawful
for the Corn~r~issioiiers and they
are
liereby authorized from Time
to Time to borrow
and
take up
at
Intei~st
on the Credit of the Rates
and Assessments herein-before authorized to
be
levied,
and
called tlie
‘6
Kate for Sewering, Lighting,
and
General l’urposes,” and on Security
of any
Gas
Forks,
Gas
l’ipes, Lariips,
Posts,
or
other Ap1mratus7 or
any
Jlarket
or
Market Houses, Offices,
or
otlier Euildings, Heredita-
ments, and l’reinises belonging to the Conimissioners, or on
any
Tolls,
Rates, or Duties or otlier Sums of Money
payable
to the Conimis-
sioners, (except the Kate for Paving and lligliway
l’urposes
and
the
Sewer Rate,) of and froni any Person who shall be willing to advance
the same, the Sum or Suins of Bloiicy necessary for defraying the
Costs, Charges, and Expences
to
be incurred
by
them in lighting,
sweeping, cleansing, and watering tlie Streets and public Thorough-
fares within
So?ithpoi*t,
or for the l’ayment of
any
other Monies, Costs,
Charges, and Expences
by
tlie Act specially &de payable out
of
the
Rate for Lighting ancl General
Purposes,
together with
tlie
Salaries
of
ull Officers acting in the Execution of this Act, unless otherwise
pro-
vided, and the Payment of aiiy Jlonies which
inny
be borrowed on the
Security
of
such Rates, and the Interest thereof, and of the Costs,
Charges,
and
Expelices
of
securing, raising, and paying tlie same, and
for
9”
VICTORIB,
cup.
xxx.
663
for paying and defraying
all
other Monies, Costs, Charges, and
Ex-
pences which the Commissioners may in the Execution of this Act
from Time
to
Time becoirie liable
or
to be called upon
or
required to
pay,
or
which may attend
or
be incidental to the Execution of this
Act, and which
is
not
by
this Act otherwise provided for; and
for
seciiring the Repayment of such Sum
or
Sums of’ Money, with Interest
at
a
Rate not exceeding Five Pounds
per
Celztum
pel.
Annum,
the
Commissioners
may
mortpge and assign over thc said Rate for Sewer-
ing, Lighting, and General Purposes, and on Security of any
Gas
Works,
Gas I’ipcs, Lamps, Posts, and other Apparatus, ancl any Market
or
Market Houses, Offices,
or
other Euildings, Hereditaments,
ancl
Pre-
mises belonging to the Commissioners, and on any Tolls, Rates, and
Duties and other Sunis of Money payable to the Commissioners, (ex-
cept the Rate for Paving and Highway Purposes and the Sewer ltate,)
or
any of them, as aforesaid,
or
any Part thereof respectively,
to
the
Person who shall advance such Money,
or
his Trustee,
as
a
Security
for the Xoney
so
to
be borrowed, together with Interest
for
the sanie.
CCCXIV. And be it enacted, That
in
order
to discharge tlie Princi-
Commis-
pal
Money of any such
Sum
or
Sums of Money
as
shall he borrowed
sionersto
form
by
on Security
as
aforesaid of :my of the
said
Rates, it shall be lawful for
year!y
De-
the said Commissioners
and
they
are
hereby authorized and requirecl,
tluctlon
a
yearly and every Year, to deduct, appropriate, and set apart and apply
Sinking
out of such Rates respectively such
a
Sum of JIoney
as
sh:ill be in
Fund
to
PY
proportion to One Twentieth Part of the respective Sum of
hIoney
borrowed
on
1)orrowetl
or
secured upon the said Bates respectively,
as
and for
a
Security
of
Sinking Fund, to be applied in paying
off
ancl discharging the respec-
Rates.
tive Principal Monies
so
borrowed or secured,
and
shall from Time
to
Time cause such Sinking Fund to bc invested in the Purchase of
Exchequer Bills, and
to
be
increased
by
Accumulation in the may of
Compound Interest or otherwise iintil the same respectively shall be
of sufficient Amount
to
pay
off
the said l’rincipal Debts respectively
to which such Sinking Fund shall be appliable,
or
some
Part
thereof
respectively,
at
which Time the same shall be so applied in paying
off
the same in nianner herein-after mentioned.
off
Monies
CCCXV.
And
be
it
enacted, That every Mortgage of Rates
or
F~~~~
of
other Property authorized to be inacle under the Provisions
of
this
Mortgage.
Act
shall
be by Ileed
cliily
stamped, in which the Consideration shall
be truly stiltecl; and every such I>eed shall be uncler the
Common
Seal
of the Commissioners, ancl maybe according to the Form in the Scheclule
(D.) to this Act annexed, or to tlie like Effect
;
ancl
the respective Mort-
gagees shall
be
entitled one with another to t,heir respective Pro-
portions of the Rates and Assessments
or
otlher Property comprised in
such Mortgages respectively, according
to
the respective Sunis in such
Xortgages mentioned
to
be advanced by such Mortgagees respectively,
and
to
be repaid the Sunis
so
advanced, with Interest, without any
Preference one above anot,her
by reason of Priority of advancing such
Monies,
or
of
the Dates of any such Mortgage respectively.
CCCXVI.
And
be
it
enacted, That the Expences of every Mortgage
Expences
of
shall from Time
to
Time be defrayed
by
the Commissioners out of‘the
Mortgages*
Money raised by the same.
[Local.]
8F
CCCSVII.
And
666
$1"
VICTORIB,
Cap.
xxx.
%$er
of
Mortgages
to
be kept,
and
to
be
open
to
In-
~ct~~~~-
CCCSVII. And be
it
enacted, That
a
12egister of Mortgages on the
Rates for l'aviiig and Highway Purposes,
a
llke Register
of
Mortgages
on the Sewer States, and
a
like Register of Mortgages on the Rates for
Lighting and General Purposes, and other Purposes, shall be kept by
the Clerk to the Goinmissioners
;
and within Fourteen Days after the
Date of any Mortgage, an Entry
or
Nemorial of the Xumber and
Date thereof, and of 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 Person
interested in any such Mortgage, without Fee or Reward.
CCCXVIII. And be
it
enacted, That from Time to Time
any
Party
entitled to any such Mortgage may transfer
his
Right and interest
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 inay be accordin5
to
the
Form
in the Schedule
(E.)
to this Act annex&,
or
to the like Effect.
CCCSIX.
Arid be
it
enacted, That within Thirty Days after the
Date of every such Transfer, if executed within the United Kingdom,
or otherwise Within Thirty
I)ays
after the Arrival thereof in the United
Kingdom,
it
shall be produced
to
the Clerk to the Coinmissioners, and
thereupon such Clerk shall cause an Entry
or
Memorial thereof to be
made in the same Manner
as
iil
the Case of the original Mortgage or
Assigiiinent or Annuity, and for such Entry the Clerk may demand
a
Sum not exceeding- Five Shillings
;
and after such Entry every such
Transfer shall entitle the Transferee, his Executors, Administrators,
or Assigns, to the full Benefit of the original Mortgage, and the Prin-
cipal and Interest thereby secured
;
and such Assignee may in like
Manner assign or transfer the same again, and
toties
quoties
;
and
it
shall not be in the Power of any Person, except the Person to whom
the same shall have been last transferred, his Executors
or
Adminis-
trators, to make void, release,
or
discharge the Mortgage
or
Assignment
or Annuity
so
transferred, or any Money thereby secured.
Transfers
Of
Mortgagea.
Register
of
Transfers
to
be kept.
Interest
oil
CCCSS.
And be
it
enacted, That, unless otherwise provided by
any
Jlortgage
or
Assignments, the Interest of the Money borrowed
to
be
paid
Ilalf-yearly.
upon every such Mortgage
or
Assignment shall be paid half-yearly to
the several Parties entitled thereto.
Power
to
borrow
Money
at
a
lower Rate
of
Interest,
CO
pay
off'
that
borrow-
ed
at
n
high-
er
Rate.
CCCXXI. And be
it
enacted, That if the Commissioners can
at
any
lime borrow
or
take up any Sums of Money for any of the Purposes
of this Act at
a
lower kate of Interest than any Securities given
by
them, and which shall then be in force, shall bear, then from Time to
Time it shall be lawful for them to borrow such Sums of Money
as
they shall think proper at such lower ltate
as
aforesaid, in order to
pay
off
and discharge the Securities bearing such higher Rate
of
lnterest, and to charge the Rates, Tolls, and Duties, on other Funds
or
Property payable under this Act, or any Part thereof, with Payment
of such
Sum,
:~nd
such lower Rate of Interest,
in
such Manner and
subject to such Regulations
as
are herein contained with respect to
other Xonies borrowed on Mortgage.
*
1.
CCCXSII.
And
Yo
VIC,TORIB,
Cap.
xxx.
667
CCCSXII.
Ancl be
it
enacted, That, from and after the Payiilent
No
Transfer
or Satisfaction of
all
the I’rincipil
ailcl
Interest Monies secured by
~~~~~~~~‘e
any Mortgage made under the Powers of this Act,
all
the Estate,
rronl
M~~~-
Property,
Ki,rrht,
and Interest by such Xortgage
Mortgagee, his Heirs, Executors, Administrators,
or
-4ssigns, shall,
without any Transfer
or
Kcleasc, or
any
other Act
or
Deed whatsoever,
immediately cease and determine.
vested in the
gagee.
CCCXXIII.
And
in
order that
110
undue l’rcference inay be given
Mode
of
v
in
paying
off
any Mortgqes, be it enacted, That
wlic;iever
the
paying
OK
Comiiiissioners shall be enabled to
iiav
off
One
or
inore out of the
Mortgages.
I.!
Number
of
Jlortgages
of the Sewer Ihtes, the Rate for Paving and
Highway Purposes,
or
the Rate
for
Sewering, Lighting, and General
Purposes respectively,
or
a
Part of the Noney secured on any such
Mortgage, they shall decide the Order in which such Mortgages shall
be paid
off
by Lot or Ballot
among
that Class of Mortgages, and shall
cause
a,
Kotice signed by their
Clerk
to
he
given to the Person en-
titled
to
the Money to be paid
off
pursuant to such Lot
or
Ballot,
and such Notice shall express
the
Principal Sum proposed to be paid
off,
and that the sainc will bc paid, together with the Interest due
thereon, at
a
Place to be specified, at the Expiration of
Six
Months
froin the Date of giving such Soticc.
CCCXXIV.
And be
it
enacted, That the Commissioners inay, if they
Itepayiiient
think proper,
fix
a
Period for tlic Jtepayinent
of
all Principal Ilonies
burrowed
borrowed on MortgaFe under tlie l’rovisions of tliis Act, with the
at
Time
Interest thereof, and
111
such Case tlie Corninissioiiers shdl cause such
inserted in
Period to be inserted in tlie Mortgage
Deed
;
arid upon the Expira-
RIortgage
tion of such Period tlic l’rincipl
Suiii,
together with the Arrears
of
Deed.
Interest thereon, shall,
on
cleiiiand,
be
paid
to
the Party entitled to
receive such Principal Money and Interest
;
arid if no other Place of
Payment be inserted in such Mortgage Deed such Principal ancl
Interest shall be payable at the Office of the Commissioners.
Mortgage Deed for the Repaynient of the Money
so
borrowed under
of
the I’rovisions
of
this Act, the J’arty entitled to rcceive such Money
wllen
no
may,.at the Expiration
or
at
any
Tiiiie
after the Expiration
of‘
Twelve
rrinle
is
Months from the
Date
of
such llortgage, deiiiand Payment
of
the
named
in
Principal Xoney thereby secured, with all Arrears of Interest, upon
::?:::Pc
giving
Six
Months previous Soticc for that Purpose
;
and in the like
Case the Commissioiiers may at any Time pay
oE
the Money bor-
rowed,
on
giving the like Xoticc; and every such Xotice
shall
be in
Writing
or
Print,
or
botli,
and
if given by a Mortgagee
or
Creditor
shall
be
delivered to the Clerk
or
left at the Office of the Commis-
sioners,
and
if giveii by the Coiniiiissioiiers shall be given either person-
ally
to such Mortgagee
or
Creditor
or
left at
his
Residence,
or
if
such
Mortgagee
or
Creditor be uiiknowii to
tlic
Coiiiinissioners, or cannot
be found after diligent Inquiry, sucli Sotice shall be given
by
Adver-
tiseinerit in the
Lodm
G(:ottc.
CCCXXV.
Ancl be it enacted, That if no Time be fixed in the
Itepayment
boi
rowed
CCCSXVI.
And be
it
enacted, That if the Coinmissioners shall
Interest
“
of
:L
Notice
to
cease
on
Ex
have given Xotice of their Intention to pay
off
any such Xortgage at
668
cap.
xxx.
PY
of
a
Mortgage
Debt.
a
Time when the
same
may lawfully be paid
off
by them, then,
at
the Kspiration of
such
Xotice,
all
further Interest shall cease to be
payable
011
such Mortgage, unless,
011
demand of Payment made
pur-
suant to such Kotice,
or
at
any Time thereafter,
the
Commissioners
shall fhil to pay tlie Principal
and
Interest
due
at the Expiration of
such
Notice on such Mortgage.
Jfort~gcs
CCCSSYII.
,4nd
bc it enacted, That it shall be lawful for any
Nortgngee or other Person entitled
to
receive l'ayment of the Money
in arrear
may
be en-
forced
by
secured by any Mortgagee to enforce the Payment of the Prfncipal
theAppoint-
Money and Interest
due
on any 1Iortpge authorized by the Pro-
merit
of
a
visions of this Act, by applyin? for the ,Ippointinent of
a
Receiver
in
the Mariner herein-after providcd
;
but ill order
to
authorize the
Reci iver.
Appointment of' such Iteceiver the Amount
of
Money owing
to
the
Mortgagee or Mortgagees,
or
Creditor
or
Creditors, by whom the
Application is macle, ehall not
be
less than
Two
hundred Pounds.
Receiver
CCCYSVIIT.
And
be
it enacted, That if witliin Six Nonths after
the l'rincipal
Noney
or any lntcrest owing upon
:my
such
Mortgage
nlay
be
31'-
pointed
it'
.krrrars
has
1)ecorne payable,
and
after demand thereof in l\'riting, the same
tilain
unpaitl
be
not paid, tlie JIoi*tpagec
or
other Creditor
as
aforesaid, without
for
the
'Lirnc
prejudice to his Iiight to
sile
for such Principal
Money,
together with
all Arrears
of
Interest,
in any
of
the Snperior Courts of
1,aw
or Equity,
1)
res
c
r
i
I)
c
d.
111aj7,
if his Ikbt amount to the Sum of
Two
hiuidred Pounds, alone,
or if his Debt does not anioimt to that Sum he may in conjunction
with otlier Mortgngees whose Debts
being
so
in
arrear after deiiiand
as
aforesaid shall together with his amount to tlie said Suni, require
the
Appointment of
a
lteceiver, by an Application to be made
as
herein-after provided.
Mode
of
ap-
C('CXS1S.
,hd
he
it cnactcd, Tliat
cwry
Application under tlie
i'ointing Re-
l'rovisions
of
this Act for
:L
Keceiver shall be
iiiade
to Two Justices,
and
oii
any
such Al)plication
it
shall
he
laTvful
for
such Justices,
by
ccivcr.
Order in l\rriting, after hearing tlic l'arties, to appoint some
Person
to
receive
the
whole or
a
competent Part
of
the Katcs
and
Assessments
1ial)le to the Paviiient
of
such
Interest, or Principal and Interest,
as
the Case
inay
bk,
until such Interest, or until
such
l'rincipal and
Interest,
as
ihc
Case
niay
he,
together with
all
Costs, including the
C'harges
of
receiT-inF the Rates
:uid
Assessments, be fiilly paid
;
and
upon
siich
Appointment
being
macle
:dl
sucli
Rates and Assessments
as aforesaid shall
be
paid to and received
by
tlie Person
so
to
be
appointed, who
is
hereby cinpowcred to give good and suficient Dis-
charges
for
the same, and to exercise
all
or
:my of the Powers of the
Commissioners in making new 1:ates;
arid
the
IIoney
so
to be re-
ceived shall be
so
miicli Noncy received hy or to the
Use
of the l'arty
to
whorn
such Interest, or skh l'rincipal and Interest,
as
the Case
may
be,
shall
be
then
due,
and on
whose
Behalf such Recciver shall
have
been
appointed; and after such Interest and Costs, or such
Principal, Interest, and Costs,
have
been so received, the
Power
of such
1:cceivr~ shall cease.
Proof of
in
Bankrupt
cy.
CCCXSX.
And
be
it enacted, That if
any
Person against whom
the said Comniissioners shall
hare
any
Claim or Demand become
bankrupt,
9”
VICTORIE,
cap.
xxx.
bankrupt,
or
take the Benefit of any Act for the Relief of Insolvent
Debtors,
it
shall be lawful for the Clerk
or
Treasurer of the said Com-
missioners, in
all
ProceedinFs avainst the Estate
of
such Eankrupt
or
Insolvent,
or
under any
Fiat,
Sequestration,
or
Act
of
lnsolvency
against such Bankrupt
or
Insolvent, to represent the said
Com-
missioners,
and
act in their Itehalf, in all respects
as
if such Claim
or
Demand had been the Claim or 1)cmand of such Cle~k
or Treasurer
in his own Right, and not of the said Coinmissioners.
e,
CCCXSXI.
And be
it
enacted, That in
all
Cases where any
Damages, Costs,
or
Expences are by this Act directed to be paid, and
the Method
of
ascertaining the Amount or enforcing the Payment
thereof is not provided
for,
such Amount, in case of L)ispute, sliall be
ascertained
and
determined by
Two
Justices
;
and if the ihnount
so
ascertained be not paid by the said Coinmissioricrs or otlier
Party
liable to pay the same within Seveii Ilays after clemand, the Amount
may
be
recovered by Distress
of
the Property of the Commissioners or
on the Goods of any other Party liable
as
aforesaid; and the Justices
by whom the same shall have been ordered to be paid, or either
of’
them, on Application, shall issue their Warrant accordingly.
CCCXXXII.
And
beit enacted, That wllere in this Act any Question
of
Compensation, Expences, Charges, or Damages is referred to the
Determination of any One cJusticc, or more,
it
shall
be
lawful for any
Justice, upon the Application
of
either Party, to suiiiinoii the other
Party to appear before One ,lustice
or
before Two Justices,
as
the
Case may require, at
a
Tiine
or
Place
to
be named in such Suininoiis;
and upon the Appearance of such l’arties, or in the Abseiice of thein
upon Proof of due Service of the Sumnoris, it shall
be
lawful
t’or
siich
One Justice,
or
such
Two
Justices,
as
the
Case
inay be, to hear
and
determine
such
Question, arid for that
l’urpose
to esaniirie such
Parties
or
any of them.
CCCSXXIIT.
And be it enacted, That
it
shall be lawful for the
Commissioners, by tlic Bye Laws
so
to be made by them, to impose
such reasonable Penalties for enforcing the bctter Observance thereof
as
they shall tliiiik fit, not excedino. Five Youiids for my One
Offence
:
l’rovided
al~wys,
that
sizcli
l?ye
Laws
slid1 be
so
fiaiiied
as
to allow the Justices befbre whoni any l’ciialty iniposed
tliereby
Inay
be sought
to
be
recoverecl
to
order the
whole
or
any Part
of’
such
Penalty to
be
paid.
CCCSXSII‘. And be
it
enacted, That no DJ-e
IATVS
iiiade under
the Authority of this Act (except such as Inay relate solely to the
Officers or Servants of the Commissioners) shall come iiito operation
until the same shall be allowed by the Conrt
of
Quarter
Sessions of
theCounty of
Lnncastw;
and it shall be incuinbent
on
the said Court,
on
the 12equest of the Commissioners, to examine into the Bye 1,aws
which inay be tendered to them for that Purpose, and to allow of or
clisallow the same,
as
to them inay seein meet
:
Provided always, that
no such
Bye
Laws shall bc coilfirmed unless Xoticc of the Intention to
apply for
a
(’onfirination
of’
the same shall
hare
bcwi given in One or
more Newspapers of the Countv of
Ltrricustc~/~
One Month at least
669
Provision
for
Damages
not
otherwise
provided
for.
Method
of
proceeding
before
Jus-
tices in
Questions
of
Damages,
&c.
Penalty
for
enforcing
Bye Laws.
Bye Lams
to
be
confirmed.
before
Yo
VICTORIB,
cup.xxx.
before the hearing
of
such Application
;
and any
Piirty
aggrieved by
any such Bye
Law,
on
giving Xoticc
of
the Nature
of
his Objection to
the Commissioners Ten Days before the hearing
of
such -4pplication,
may by hiinself, his Attorney
or
Agent, be heard thereon, but not
so
as
to
allo~v
more
than One Party to be heard upon the
same
Matter
of
Objection.
A
Copy
of
CCCSSXV.
Provided always,
arid
he
it enacted, That for
One
tlle
proposed
Month
at
least prior to
any
such Application for Confirmation
of’
any
Bye
Lawb
to
be
open
for Bye
Laws
inade
under thc Authority of this Act
a
Copy
of
such
Inspection.
proposed Bye
Laws
shall
be kept at the principal Ofi’ce
of
the
Comrriissioners
;
and it shall be lawful for all Persons, at all reasonable
Times, to inspect, such Copy, without Fee
or
Iien~ard,
and to be fur-
nished
by
the Commissioners with
a
Copy thereof or of any
Part
thereof, on Payment of Sixpence for every One hundred
Words
so
to
be copied.
Publication
CCCXXSVI.
And be it enacted, That
a
Copy
of every Bye Law
Of
Bye
Laws.
made under the Authority of this Act shall be painted
or
placed on
13oards,
and
affixed in the Office of the Clerk
of
tlie Commissioners
;
ancl
such Boards, with the Xotices thereon, sliall be renewed from
Time
to
Time
as
Occasion shall require, and shall be open
to
Inspection, without Fee or Ihvard
;
ancl
in case the
said
Clerk shall not
permit the same to be inspected
at
all reasonable Times
he
shall
for
every such Offence be liable
to
a
Penalty not exceeding I‘ive Pouncls.
ByeL3WSfo
be
billding
on
all
Par-
ties.
CCCXXXVII.
And be it enacted, That all Bye
Laws
rnade
in
piirsiiaiicc and according to the Provisioiis of this Act, when
so
pub-
lislied and affixed, shall
be
binding upon and be observed
by
a11
Parties,
and shall be sufficient to justify
all
Persons actiiig under tlic same.
Proof
of
mal\ing Pub-
lication
of
B~~
L~~~.
CC‘CSSSYIIT.
And
be it enacted, That tlie l’roduction of
a
written
or priiitecl Copy
of
the
Bye
La~vs
requiving Confirmation
by
the
Court
of
Quarter Session, :iutlienticnted by the Signature of the
Chairman
of
the Court whicli sliall
ha\-e
a1)proved of tlie same, and
of
tlic
13ye
1~~s
not requiring such Confirination, authenticated by the
C0111111011 Seal
of
the Commissioners, shall be I
ancl
clue
~naking of such
I3j.e
Laws
in all Cases
of
Prosecution under
the
same,
without adducing Proof of the Signature
of
such Cliairman
or
the Coiiirnon Seal
of
the Commissioners
;
ancl
with respect to the
Proof
of the Publication of any such Bye
Laws,
it sliall
lx
sufficient
to prove that
a
painted Board containin$
a
Copy thereof
was
affixed
and continued in inanner
by
this Act directed, and, in
case
of its
afterwards
being
displaced
or
damaged, that
such
Eoard
was
replaced
or
restored
as
soon
as
conveniently might be,
unless
l’roof be adduced
by
the Party complained against that such painted
13oard
did
not
contain
a
Copy
of such
Bye
Laws,
or
was
not duly :iffixed or generally
continued
as
directed
by
this Act.
Publication
CCCSXSIS. And be
it
enacted, That tlie said Coiiiniissioners
of
PenLhies
sllall ijublish the short Particulars of the
sercral
Offences for which
-
-1
imposed
by
B,,~
L~~~,
any
Penalty is imposed
by
this Act,
or
by
any Bye
Law
of the said
Coinmissioners, affecting other Persons than
the
Officers
or
Servants
of
this
Act
or
Yo
VICTORIB,
Cup.
xx
x
.
67
1
of the said Commissioners, and of the Amount of every such Penalty,
and shall cause such l’articulars to be painted on
a
Board, or printed
upon Paper aiid pasted thereon, and shall cause such Board to be
hung up or affixed on some conspicuous Place in the Office of the
said Commissioners, :tnd where any such Penalties are of local
Application shall cause such l3o:ird or Papers to be affixed in some
conspicuous Place in the immediate Keighbourhood to which such
Penalties are applicable
or
have refererice
;
and such Particulars shall
be reiiemed
as
often
as
tlie sanie or any l’art thereof is obliterated
or destroyed
;
and no such l’enalty shall be recoverable unless
it
shall
have been published and kept published in the Maniier herein-before
required.
CCCXL.
And be it enacted, That if any Person pull down or
Penalty
for
defacing
injure any Board put
up
or required by this Act for the Purpose
Boards
used
of publishing any Rents, Rates, Tolls, or Iluties for
Gas,
Stallage,
for
such
Weighing, Carrying, Hackney Coaches, Beast of Burden,
or
Bathing,
Publication.
or any Bye Law
or
Rule of the Commissioners, or any Penalty, or any
other Matter
or
Thing
by
this Act directed to be
so
published,
or
shall obliterate any of tlie Letters or Figures thereon, he shall forfeit
for every such OfFence a Sum not exceeding Five Pounds, and shall
defray the Expences attending the Iiestoration of such Board.
CCCSLT.
And be it enacted, T1i:tt every Penalty
or
Forfeiture
Penalties to
imposed by this Act,
or
by :my
Bye
Law
made in pursuancc thereof,
be
mrma-
the Recovery of which is not otherwise provided for, may be recovered
~~J’~~~~er-
by summary Proceeding before
Two
Justices
;
and on Complaint
Two
jus-
being made to any Justice he shall issue
a
Suinmons requiring the
tices.
Party
coniplained against to appear before
‘l’mo
Justices at a Time
and Place to be n:tined in such Sunuiions
;
and every such Summons
shall
be served on the l’arty offending, either in l’erson or by leaving
the same with some Iiiinate at his nsual Place
of
Sbode
;
and
upon
the Appearance of the Party complained against, or in his Absence
after Proof
of
tlie due Service of such Summons, it shall be lawful for
Two
Justices to proceed to the hearing of the Complaint, and that
although no Information in Writing or in Print shall have been
exhibited before them
;
aiid upon Proof of the Offence, either by the
Confession of the Party coniplained against
01-
upon the Oath
of
One
credible Witness
or
more, it shall bc lawful for such Justices to
convict the Offender. and upon such Coiivictioii to adjudge the
Offender
to
pay the Penalty
or
Forfeiture incurred,
as
well
as
such
Costs attending the Coiivictioii
as
such Justices shall think
fit.
CCCXLTI. And be
it
enacted, That if upon any such Adjudication
as
I’enalties
aforesaid the Amount of the Penalty or Forfeiture, and of such Costs
may
be
levied
by
as
aforesaid,
be
not forthwith paid, the Amount of such Penalty and
Distress.
Costs may be levied by Distress
;
and such Justices, or either of them,
iiiay issue their or his Warrant
of
Distress accordingly.
CCCSLIII. And be
it
enacted, That
it
shall be lawful
for
any such
Imprison-
.Justice to order any Offender
so
convicted as aforesaid to be detained
ment
in
and
kept
in safe Custody until Return can be conveniently made to the
tresp.
Warrant of Distress
to
be issued for levying such Penalty or Forfeiture
and
fault
of
DIS-
679
Distress
horn
to
be
levied.
Distress
not
unlawful for
Want
of
Form.
Application
of
Penal
ties.
l’eiialties
to
be
sued
for
within
Six
Ztlonths.
Dainage
to
be
made
good in ad-
dit
ion
to
t
h
e
Penalty.
and Costs, unless the Offender give sufficient Security, by way of Re-
cognizance
or
otherwise, to the Satisfaction of the Justice,
for
his
Appearance before him on the Day appointed for such Return, such
Day not being
more
than Eight Days from the Time of taking such
Security
;
but if before issuing such Warrant of llistress
it
shall
appear to the Justice,
by
the Admission of tlie Offender or otherwise,
that no sufficient Distress can be liad within the Jurisdiction of such
Justice whereon to levy such Penalty or Forfeiture,
and
Costs, he
may, if he thinks
fit,
refrain from issuing such
Il’arrant
of Distress
;
and in such Case,
or
if such Warrant shall have beeii issiied, and upon
the Return thereof such Insufficiency as afbresaid shall be made to
appear to the Justice, then such Justice
may
by
\JTarrant cause such
Offender to be committed to Gaol, there to remain without Bail for
any Term not exceeding Three Months, unless such Penalty
or
Forfeiture ancl
Costs
be sooner paid
and
satisfied.
CCCIYLIV.
And be
it
enacted, That where in this Act
any
Sum of
Money, whether in the Kature
of
Penalty
or
otherwise, is directed to
be levied by Distress, such
Sum
of Nolley slid1 be levied by Distress
and
Sale
of tlie
Goods
and Chattels of the Party liable to
pay
the
same; and the Overplus arising
from
the Sale
of’
such Goods and
Chattels, after satisfjring such Sum
of
Jloiiey, and tlie Espences
of’
the
Distress and Sale, shall be returned,
on
deniand,
to the I’arty whose
Goods shall have been clistrained.
CCCSLV. And be it enacted, That no Distress levied by virtue
of this Act shall
be
deemed unlawful,
nor
slid1
any
Party making the
same be deemed
a
Trespasser,
on
account of any Uefect,
or
Want, of
Foiiii
in the Summons, Conviction, TI-arrant
of
Distress,
or
other
Proceeding relating thereto, nor shall such l’arty be clcenied
a
Tres-
passer
ab
initio
on account of :my Irregularity afterwards coniniitted
by him, but all Persons aggrieved by such Defect
or
Irregularity
may
recover full Satisfaction for the special Damage in ail Action upon
the Case.
CCCSLI’I.
And be it enacted, That the Justices by whoni any
such Penalty or Forfeiture shall
be
imposed niay, where the Application
thereof is not otherwise provided
for,
award I;ot more than One Half
thereof to tlie Informer,
ancl
shall award the Reinainder to the said
Commissioners,
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.
CCCXLVIT. And be it enacted, That no Person shall be liable to tlic
Payment of any Penalty
or
Forfeiture imposed by virtue of this Act
for any Offence made cognizable before
a
Justice, unless the C‘oniplaiiit
respecting such Offence shall have been made before such Justice
within Six Months next after the Commission
of
such Offence.
CCCXLVIII. And be
it
enacted, That if through any Act, Keglect,
or Default,
on
account whereof any Ferson shall have incurred
any
Penalty imposed by this Act, any Damage
to
the Property
of
the said
Commissioners shall hare been coniiiiit ted by such Person, he shall be
liable
liable
to
make
gooel
snch Dainage
as
well
as
to
pay
such Penalty
;
and
the
Amouiit
of
such l):mia,nes sliall in case
of
Dispute
be
determined -4m”3t
to
by
tlic Justices
by
whom the
Party
incurring such Penalty shall have
heen convicted
;
ancl
on
Koiipayincnt of such Damages, on clernand,
the same may
be
leviecl
by
Distress,
niid
such
Justices,
or
One
of them,
may
issuc their or his \Tarrant accordingly.
.Justice to suminoii any Person
tu
appear before him
as
a
\\’itncss in
~~~’~~~~c-
any Matter
in
which siich Justice slid1 have
.J
nriscliction under the
fault.
l’rovisioiis of this Act, at
a
Tirne and l’lace nic~iitionecl iii siich Sum-
mons, and to administer to him an
Oath
to testify the Truth in such
Matter
;
and
if
any l’crson
PO
surnmonecl shall, without rcnsoixil~le
Excuse, rcfuse
or
ncelect to aplwar at tlic Tiine ancl l’lace appointed
for that
I’urpose,
11:~ving been paid
or
tendcrcd
n
reasonable Surn
for
his
Expences,
or
if‘
:my l’crson nlywaring shall
refuse
to
be
csaminccl
upon Oath
or
to
give Evidence before such Justice, every such Person
shall forfeit
a
Sum not exceeding Five I’ouiids for every such
Off’eace.
he
settled
bj
CCCSLIS.
And be it enacted, That it shall be lawfid for any
I’enalty
on
CCCT,
And
he
it euncted, That it sliall
be
lawful for any Officer
‘I’rnns;Crlt
C)fiCl~dC!r.;.
or
Agent
of the said Commissioners, and
all
l’ersons
cnllecl
by
him
to
liis Assistance, to seize ancl tlctain :my l’crson
x-ho
shall hare
coniinittccl
any
Offence apinst tlic I’rovisions of this I\ct, and mliosc
Saiiie
ancl
llcsiclence shdl be unknown to such
Officer
or
Agent,
ancl
convev liini with all convenient l)cspatcli before some Justice, witliout
any
\f;trrnnt or other Authority than this
.let
;
aiicl
such
Jnstice
hdl
proceed with all convenient L)esl):itcli to the he:wiiig
and
detcriniiiing
of
the (‘oliiplaiiit against
such
Offcnclcr.
CCCLI.
Ancl
be
it enacted,
That
the Justiccs before whom
Fornl
of‘
any
l’ersoii
sl~ll
be convicted of any OEence against this Act may
cause
the
Con~ictioii
to
be
drawn
up
according
to
the Form in the
Sclicdule
(l;.)
to this Act annexed.
CCC’
LTI.
And be it ennctecl, Tlmt
no
Proceediiig
in pursu:ince
of
this
Proceediwf;
Act sliall
be
quasIicc1
or
vacated
for
\\Farnit
of
l:orin,
nor shall the
same
not
quasl1ed
to
be
f’or
be
removed
by
Certiorari
or
uther~vise into any of tlic Superior
’CVant
of
Courts, except
as
herein-before speci:dIy 1)rovitlccl. FOITl.
CCC1,IIT.
Aincl
be
it enacted, ‘l’hat if
any
Party sh:tll fed :i,cgrim-ecl
Partics
al-
by
any
1)cterniinatioii
or
,icljuclicution
of
niiy
Juyticc witli
rcspect
to
lowed
to
a?-
peal
toQunr-
any i’ciialty
or
l?orfeiture, or
of
aiiy
Daiiiagcs, Costs,
Clinrges,
or
ter
siolls,
Expences,
uncler
the l’rovisions of this Act, such l’arty may :ippeal
(,,,
glvinf
to
the General Quarter Sessions for the County
or
l30~011gli
in ~vhich
Securit!.
the Cause of Appeal shall have arisen
;
but
110
such Appeal s1i:dl
be
entertained unless it
be
made within
Four
Noiitlis nest after th
inaking
of
such
Determination
or
Acl,juclication,
nor
uiiless Ten
I
)a~s
Notice in IVriting
of
such Appe:tl, statiiig tlic Satnre ancl (;rounds
thereof,
be
given
to
the
l’artp
against
nrlioni
the Appeal shall
bc
brought,
nor
unless the Appellant i’orthwith after such Sotice eriter
into l:ecognizances, with
Two
sufficient Sureties, before
a
Justice,
[Local.]
s
condi ti onecl
9"
VICTORIix,
0).
xxs.
coriditioned duly
to
prosecute such Appeal, mid to abide the Order
of
the Court thereon.
Court to
make
such
Order as they
tllink
rea-
sonable.
CCCLIV.
And be
it
enacted, That
at
tlie Quarter Sessions for which
such Notice shall be given the Court shall proceed to hear and de-
termine the Appeal in a suinmaryl\'ay,
or
they inay, if they think fit,
adjourn it to the following Sessons
;
and upon the hearing of such
Appeal the Court may, if they think
fit,
niitignte any Penalty or
Forfeiture,
or
they may confirin
or
qidi tlie Adjudication, and order
any Money paid by the Appellant
or
levied by Distress upon his
Goods to be returned
to
hiin,
and
inay
also order such further Satis-
faction to be made to the
Party
injured
as
they iiiay judge reasonable
;
and they Inay inake such Order concerning the Costs both of the
Adjudication and of thc Sppeal
as
they
may
think reasonable.
Lia!)ility
to
CCCLY.
And be it enacted, That no Person, although liable to
Rates not to
the Payment of Noney towards the nates authorized
to
be raised
under this Act, shall
by
reason thereof,
or
of his being
or
acting
as
a
Witnesses
or
J
lib
t
I
c
e
s.
Commissioner, be disabled to act as
a
Justice of the I'eace, or as
a
Sheriff, Coroner, or Cncier SherilY, Juror
or
otherwise, in any Xatter
relating
to
the carrying this Act into execution,
or
be deemed an
incompetent IYitness in
ally
Action, Suit,
or
iincler this Act, by reason
of his being
a
Party in or
to
any snch ,Iction, Suit,
or
Proceeding.
Tender of
CCCLVI. And be it enacted, That if any Party shall have coin-
mitted any Irregularity, Ti-espass,
or
other w-ongful Proceedings in
the Execution
of
t>his 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 Amends to the Party iiijurcd, such
last-mentioned Party shall iiot recover iii
any
such Action
;
and if
no
such Tender shall have been
m:dc
it shall be lawful
for
the
De-
fendant,
by
Leave of the Court wliere such Action shall be pending, at
any Time before Issue joined to p:t~ into Court such Sum of Money
as
he shall think fit, and thereupon such Proceedings shall be had as
in
other Cases where l)efeiid:i!its are :illo~reci to pay Money into
Colwt.
Saviiig
tlae
3fallor.
CCCLVII. Provided alw.aya, and
be
it enacted, That nothing in this
Act contained shall extend to prejudice, diminish, alter,
or
take away
any of the Eights, l'rivileges,
or
Authorities of the Lord of the Nanor
of
A-wth
Il.leoZs,
or
either of thein.
Of
the
Lord
of
Iilterpreta-
t'on
Of
CCCLVIIT. And be it enacted, That in this Act the following
Words
aiid Expressions shall have the several Rleanings hereby assigned to
ttieni, unless there be something in the Subject or Context repugriant
to such Construction
;
(that is to
say,)
IVords importing the Singular Kuinber shall include the Plural
Number,
and
Words importing tlie Plural Niirnber shall include
the Singular Number
:
Words importing the Masculine Crcncler only shall include Feindes
:
The Word
"
Month" shall meail Culendur Month
:
The
Word
"
Person
"
shall incliiclc
Corpowt
ion, whether aggregate
Tlie
or
sole:
9”
VICTORIE,
675
The Kord
“
Oath
”
shall include Affirmation in case of Quakers, or
other Declaration
or
Solemnity lawfully substituted for an Oath
in case
of
any other Persons exeinptcd by
TJ~Tv
from the Seces-
sity of taking an Oath
:
The Word
‘‘
Justice
”
shall mean any Justice
of
the Peace having
Jurisdiction within Limits of this Act
:
The Words
‘‘
General or Quarter Sessions
”
shall
mean
the General
or Quarter Sessions of the Peace for the County of
Lnncnstw:
The Word
“
Street
”
shall include any Square, Street,
Court,
or
Alley, Highway, Lane, Tload, Thoroughfare,
or
public
Passnge
or Place within the Limits of this Act
:
The Word
“
Lands
”
shall extend to Messuages, Lands, Tenements,
and Hereditaments of any Tenure
:
The Expression
“
the Commissioners
”
sliall mean the Cominis-
sioners for the Time being actin5 by virtue of this Act
:
The
Word
“
Sozitltport,’’
and’ the Lxpression
“
the
Town
of
South-
port,’’
shall mean and shall extend over and include the District
of
which the Limits or Boundaries are delineated by the external
Boundary Line coloured Black
on
the
said
Plan
:
The Expression
“
within the IJimits
of
this Act,”
and
the Expres-
sion
“
the District within the Limits
of
this Act,” shall mean and
shall extend
over
and
include the District
of
which the Limits
or
Boundaries are delineated by the external Boundary Line coloured
Black,
ancl
the District of diicli the Limits
or
Houndaries
are
delineated by the external Boundary Line coloured
Red,
in the
said
JIap
or
Plan.
CCCLIX.
And be it enacted, That this Act shall
be
a
Public Act,
Public,
,ict.
and shall be judicially taken notice
of
as
such.
SCHE-
9”
VICTORIB,
Cq~.xxs.
SCHEDULES
referred
to
in
the
foregoing
Act.
SCHEDULE
(A.)
Sect.
219. 220. 221.
222.
TOLLS
PAYABLE,
For
every covered or uncovered Shed,
Stall,
Bulk, Block, Trestle,
Standing Place
or
Station used
by
any Person for exposing to Sale
Flesh Neat, Cheese, Bacon, picldeci Pork, Fish,
or
any other live or
dead Victuals, Fruit, Glass, Earthenware,
or
other
Goods,
Articles,
Commodity, or Thing Tvliatsoever, (except as herein otherwise
specifically charged,) the following Tolls
per
Day shall bc taken
:
A?
s.
cl-
-006
-009
h’ot exceeding
Six
Feet by Five Feet
Kot exceeding Xine Feet
by
Five Feet
Kot
exceeding Twelve
Feet
by Five Feet
-
-010
For every Three Feet above for Stations
only,
One
Penny Halflienny in addition.
On
uncovered Stalls the same Excess
of
Tolls for
ail
Iiicrease of TVidtli beyond Five Feet
as
in
tlie Case of covered Stalls.
C‘c1rts.
For
every
Cart
used
by
my
I’ersoii
for exposing
or
iii
wliicli
shall be exposed for
Sale
any Article, Coniiiiodity,
01’
Thing, tlie following Tolls per
Day
:
If
drawn by
One
Horse
-
-
U
O
Fi
If drawn
by
Two
or
more
IIorscs
-
-010
For
every Waggon
dramii
by
Oiie
or
inore
Horses
dien
For every Cart or Waggon
if
drawn by
One
Mule, Ass,
used for tlie like I’urpose
-
per
Day
0
1
9
or
other Beast of Zurden (except
a
Horse)
-
-006
And if drawn
by
Two
or
inore
-009
Zutter.
For
crery
Basket, Parcel,
or
Quantity of Butter not
ex-
ceeding Twelve Pounds Weight
per
Day
0
0
1
For
each additional
Six
Pounds
Weight
-
per
Day
0
o
1
9’
VICTORIE,
Cali.
sxx.
Poultry
and
Pigs.
For
Poultry, including
Fowls,
Chickens, and Ducks, Wild
32
s.
d.
Kot exceeding Three Couple per
Day
0
0
1
For
each additional Three Couple
-
per Day
0 0
1
For
every Turkey, Goose,
Hog,
or
Pig
per Day
0
0
1
Fowls, Yigeons, and Ihbbits
;
(viz.,)
Eggs.
Dozen
-0004
For
each additional Dozen
-0008
l:or
every Basket,
Parcel,
or
Quantity
of
Eggs
under Two
1
f7ciylL
ing
ci
ud
Xect
su
r
iug.
For
weighing every Piece
of
Xeat
or
other Thing weighing
For weighing every I’iece of
Mczt
or
Thing weighing
inore
than Twenty Pounds
and
not exceeding One
hundred I’ouiids
-001
Ancl
so
in proportion
for
any
greater
or
sinaller
Quantity than One hundred Pounds Weight over
and above One hundred Pounds IVeight.
For
measuring every Quantity
of
Goods
ancl
Things sold
For
iiieasuring every Quantity more than
a
Bushel and
not more than Twenty Pounds Avoirdupois
-
-0004
by
Ileasure, not exceeding One Bushel
-
0
0
0;
not exceeding
Two
Bushels
-
-001
And
for
every Bushel beyond Two Eushels
-
-001
V’eighing
Machines.
For
mig.hing any Cart, Waggon, or other Carriage
not
And
so
in proportion
for
any greater
or
smaller
esceecling One Ton
-
-003
Weight than One Ton.
General
Tolls.
For every Basket, Hamper, Parcel,
or
Quantity
of
any other
Goods, Cornmodity, Article,
or
Thing exposed
or
offered
for
Sale there, not before specifically charged
or
enu-
merated,
or
falling within any of the preceding Heads
;
(that
is
to
say,)
Not containing more than One Bushel
-
-001
Every additional Half Bushel
-0004
[Local.]
8
I-K
SCHE-
678
9”
VICTORIB,
Cup.
YXX.
SCIlEDULE
(a.)
Sect.
292.
FORM
OF
RATES.
AN
ASSESSMENT
to
IL
Tlie
Eate
for
Sewcring, Lighting, and General
Purposes”
for
the
Town
of
Southport
[or
“
The
Xate
for
Paving
and
Highway Purposes
”
for
the District Tvithiii the Limits
of
“
The Southport Improveinent Act, 184G,”
as
the
Ctase
mxy
be],
itiade
this
Day
of in the
Year
of
our
Lord
18
,
after the Rate
of
The-pence in tlic. l’ounci.
NuZber
1
NtFe
1
Kameof
1
1)cicrilition
1
Grm9
1
Full
Rate
liatc.
l’erson
rated.
Propert)
ratcd.
I’1011e1
ty.
,
Value.
Pound
the
Owner
of
and
hituatlon
of
1
anntrtl
value,,l
Set
annual
at
W.
111
the
I
1
I
I
I
Signed
by
us, this
OUT
Lord
Day
of
-1.
n.
(‘.
n.
I?.
17’.
(X.
If.
L.
.lL
r.
A-.
i:i
tlie
Year
of
Sou
tli port Improvement
Coinrnissioncrs.
SCHEDVLE
(C.)
Sect.
301.
FORM
of
\VARiLWJr
of
DISTRESS
for
the
~~XCOVERY
Of
l%hTCS
made
payal~lc
1))-
this
,kt.
County
of
Lancastcr,
to
nit.
TVhercas
Complaint
has
bccii
duly
rn:;de
by
One
of
the Collectors
of
Iintes to the Southport Improvement
Coinmissioncr
s
t
h
at
of,
cyc.,
hath
not
paid the
Sllili
of
cluly
as~cs~ecl
upon Iiim in and
by
a
certain
~tate
caIlcd
ii
The
Ihte
for
I‘SJ
ing
:iild
Higliway I’urposc>s,
”
COT,
ctz:
the
Gise
7uay
be,
‘‘
The
Rate for Semering, Lighting, ancl General
P~rposes,”]
on
or
about the
Day
of
in
the
Year
of
our
Lord
18
bearing Dntc, and duly made according
to
the 13irections
and
for the
Purposes
of
‘‘
The Southport Iniprove-
nient Act,
18.16,’’
altliougli
the
sallie liatli beeii
cl11ly
demanded
of
him
:
And
wliereas
it
appears to me
One
of
Her
Jlajestv‘s
,TTnstices
of
the
l’eace
in and for
the
s:d
Count;v,
as
~ell
up011
;he
oat11
of
Oiic
of
the
said Collectors
of
Ihtes.
as
otherwise,
that the
said
Snin
of
liath
been
tlnly
deinancied
in Writing
by
liiiri
f’i-oin
tlie
s:iicl
:~nd
that the
said
1::rtli not
lmicl
the
same
for
thc
Slmcc of Fourteen
Dam
after
+ncli
1)c~iiiniicl
in:~cle.
and
still
hath
rlot
paid
tlle
same
:
Axd
whei-en.
tl:c
will
liavi~ig apljea2recl
bl.1
fw
c‘
To
the Southport Improy-cmeiit Coiiimissioners,
aid
to
their
Clollcctora
of
Ihtc.;.
1
9”
VICTORIlE,
Cap.
xxx.
before me in pursuance of my Summons for that Purpose, hath not
shown to
me
any sufficient Cause why the
same
should not be
paid
[or,
And whereas it Iiath been
duly
proved to ine upon Oath
that the said 113th been duly summoned to
appear before
me
to
show
Cause mby he hath riot paid the said Eate
or Assessment,
but
he the said hath neglected
to appear according to the said Summons, and hath not shown to
me any sufficient Cause why the sarnc should not be paid]
;
These
are
therefore in Her lhjesty’s Name
to
corninancl
you
to
levy
the
said
Sum
of by Distress of the Goods and Chattels
of
the said and if
the
same shall not
be
paid
within the Space of
Days
next after such Distress
by
you
taken, together with the reasonable Charges of taking and
keeping the same, that then you
do
sell
the said
Goods
ancl Chat-
tels
by you distraincd,
mid
out
of
the Money arising by such
Sale
that you do detain the
Sum
of
and
also
your
reasonable
Charges
of taking, keeping, and selling the said Distress,
rendering
to
him tlie said the Overplus on
derriand
;
aiicl
if
sufficient Distress cannot be found of the Goods
and
Chattels of the said
whereon
to levy tlie said
sun1
of
tliat tlicri
~‘ou
certify tlie
same
to
me,
together with this Wtlimnt, to tlic end tliat such further Proceedings
may be had therein
as
to tlic
Law
clotli
:ippertain. Given under
iny
Hand and
Seal,
the
hy
of
in
the
’17cn:.
of‘
our Lord
18
SCIILDU1,E
(D.)
Sect.
313.
FOR31
OF
JJORrGAGE.
BY
virtue
of
tlie Soutliport Iinprovement Act,
1S46,
we,
Five
of
the
Southport Iinprovcincnt Coiiiiiiissioners appointcd in pursuance
of the said Act, in consicleration
of
the Yuin of
paid to the Treasurer
to
tlie
said Corninisiioncrs
by
d.
B.
of
for the Purposes of tlic said
Act,
do
grant
uncl
assign unto tlie said
A.
n.,
his Executors, Administrators,
and
Ah-
signs, such l’roportioii
of
the lhtes, Rents,
Profits,
and
other
ilIonie3
arising
or
accruing by virtue of tlie
said
Act from the Rates
for
Paving and
EIiglirvay
l’urposes
[or,
n.s
the
Case
wu~
be,]
from
tlic
Ilates for Sewering, Lighting,
ancl
Gcncr:il Purposes, [ancl the
Markets, Jlarket l’laccs,
Gas
\\’oi*k..,
Ofiicw,
ancl other Hercclitz-
nients
and
lleal
Estate ixloiigiiig to the iaiti Co:iiniissioners], as
the
said
Sum
of
clotli
or
zhnll lxar to the whole
Sum which is or shall
be
borrowcc1 upon tlie Credit
of
tlic Iktes,
Rents, l’rofits,
or
Monies, to
liolcl
to
the yid
A.
Z.,
his Executor\,
Administrators, and
iisyignq,
froin tlii.
Day
u:itil
tlic
said
Simi
cf
\vi
t
11
Iiitcrezt
at,
per Centiini
per Annuni for the same, sh:ill
l~c
fully
paid
and
satisfied (the Prin-
cipal Surn to be rcptrid at tlie Entl of
l’cars
from tlie
Date hereof
[iii
cme
C~UJJ
1’(
riot7
fw
~~pwl
i:pit
for
tht
l’urposc]).
In
witness wliercof we
~inw
Iiercunto
-et
our
11L2nda arid Seals, this
l)cy
of
One
thousand eight
hundred
ant1
SCIIE-
679
680-84
9"
VICTORIE,
Ccy.
xxx.
SCHEDULE (E.) Sect.
316.
FORM
OF
TRANSFER
OF
MORTGAGE.
I,
A.B.
of
in consideration of the
Sum
of
paid
to
me by
C.
D.
of do hereby transfer to the said
C.
D.,
his Executors, Administrators, and Assigns, a certain Mortgage,
Kumber made by the Southport Improvement Commissioners
for executing the Southport Improvement Act,
1846,
to
securing the
Sum
of and
Interest
[or,
if such Transfer be
by
Endorsement,
the within Security]
,
and all my Right, Estate, and Interest in and to the Money thereby
secured, and in and to the Rates, Rents, Profits, or other Monies
thereby assigned. In witness whereof
I
have hereunto set my Hand
arid
Seal, this Day of One
thousand eight hundred and
bearing Date the Day of for
SCHEDULE
(F.)
Sect.
349.
FORM
OF
CONVICTION.
Lancashire,} B:f
it
remembered, That on this
Day
to
wit.
in the Year of our
Lord
A.B.
is convicted before us
Two
of
Her Majesty's
Justices of the Peace
for
the County of Lancaster
[here describe
tihe
Clfence generally, and the Time and Place when and where conzinitted],
contrary
to
the Southport Improvement Act,
1846.
Given under
our
Hands and Seals, the Day and Year first above written.
(L.
s.)
(L.
s.)
LONDON
:
Printed by
GEORGE
E.
EYRE
and
WILLIAM
SPOTTISWOODE,
Printers
to
the Queen's
most
Excellent Majesty.
1546.
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