Towns Improvement Clauses Act 1847
| Year | 1847 |
(10 & 11 Vict.) C A P. XXXIV.
[21st June 1847]
'WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament for paving, draining, cleansing, lighting, and improving Towns and populous Districts, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Towns or Districts as for ensuring greater Uniformity in the Provisions themselves:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act shall extend only to such Towns or DistrictsinEngland or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Town or District which shall be comprised in such Act, and to the Commissioners appointed for improving and regulating the same, so far as such Clauses shall be applicable thereto respectively, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act, whether incorporated in whole or in part with any other Act, and of any Act incorporated therewith, be it enacted as follows:
II ‘the special Act:’
II. The Expression ‘the special Act’ used in this Act shall be construed to mean any Act which shall be hereafter passed for the Improvement or Regulation of any Town or District, or of any Class of Towns or Districts defined or comprised therein, and with which this Actshall be incorporated; and the Word ‘prescribed’ used in this Act in reference to any Matter herein stated shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word shall occur shall be construed as if, instead of the Word ‘prescribed,’ the Expression ‘prescribed for that Purpose in the special Act’ had been used; and the Expression ‘the Commissioners’ shall mean the Commissioners, Trustees, or other Persons or Body Corporate intrusted by the special Act with Powers for executing the Purposes thereof.
III Interpretations in this and the special Act:
III. The following Words and Expressions in both this and the special Act, and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number:
Words importing the Masculine Gender shall include Females:
The Word ‘Person’ shall include a Corporation, whether aggregate or sole:
The Word ‘Lands’ shall include Messuages, Lands, Tenements, and Hereditaments of any Tenure:
The Word ‘Street’ shall extend to and include any Road, Square, Court, Alley, and Thoroughfare within the Limits of the special Act:
The Word ‘Month’ shall mean Calendar Month:
The Expression ‘Superior Courts’ shall mean Her Majesty's Superior Courts of Record atWestminster or Dublin , as the Case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster , and the Court of Pleas of the County of Durham :
The Word ‘Oath’ shall include Affirmation in the Case of Quakers, and any Declaration lawfully substituted for an Oath in the Case of any other Persons allowed by Law to make a Declaration instead of taking an Oath:
The Word ‘County’ shall include Riding or other Division of a County having a separate Commission of the Peace, and shall also include County of a City or County of a Town:
The Word ‘Justice’ shall mean Justice of the Peace acting for the Place where the Matter requiring the Cognizance of any such Justice arises; and where any Matter is authorized or required to be done by Two Justices, the Expression ‘Two Justices’ shall be understood to mean Twoor more Justices met and acting together:
The Expression ‘Quarter Sessions’ shall mean Quarter Sessions as defined in the special Act, and if such Expression be not there defined shall mean the Court of General or Quarter Sessions of the Peace which shall be held in or at the Place nearest to the District in which the Matter arises requiring the Cognizance of any such Court, and having Jurisdiction over such District:
The Word ‘Owner,’ used with reference to any Lands or Buildings in respect of which any Work is required to be done, or any Rate to be paid, under this or the special Act, shall mean the Person for the Time being entitled to receive, or who, if such Lands or Buildings were let to a Tenant at Rack Rent, would be entitled to receive, the Rack Rent from the Occupier thereof:
The Word ‘Cattle’ shall include Horses, Asses, Mules, Sheep, Goats, and Swine.
And with respect to citing this Act, or any Part thereof, be it enacted as follows:
IV Short Title of this Act.
IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be enough to use the Expression ‘TheTowns Improvement Clauses Act, 1847.’
V Form in which Portions of this Act may be incorporated with other Acts.
V. For the Purpose of incorporating Part only of this Act with any Act hereafter to be passed, it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act; and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the Officers to be appointed by the Commissioners or under any General Town Improvement Act, be it enacted as follows:
VI Until an Inspector is appointed under some general Act, Execution of Works may be proceeded with without his Approval.
VI. When by this or the special Act any Matter is required to be submitted to, or to be done with the Approval of, the Inspector, such Inspector shall be understood to mean an Inspector appointed under any general Act passed in this or any future Session of Parliament authorizing the Appointment of Inspectors for inspecting or superintending Works connected with paying, draining, or improving Towns or populous Districts; and until such an Officer is appointed under any such general Act, the Commissioners, unless it be otherwise provided by the special Act, may proceed in the Execution of this and the special Act without the Approval of such Officer, and as if no such Officer had been mentioned in this or the special Act.
VII Commissioners to appoint, subject to Approval, a Surveyor.
VII. The Commissioners shall appoint, subject to the prescribed Approval, or, where no Approval is prescribed, subject to Approval by One of Her Majesty's Principal Secretaries of State, a Person, duly qualified, to act as a local Surveyor of the Paving, Drainage, and other Works authorized under the Provisions of this and the special Act, and of any Act to be incorporated therewith, and, with the like Approval, shall fix the Salary to be paid to such Surveyor, and shall pay such Salary out of the Rates levied under this or the special Act; and if any such Surveyor die, resign, or be removed, the Commissioners shall, with the like Approval, appoint another Person, so duly qualified, in the Room of the Surveyor so dying, resigning, or removed; and the Commissioners, with the like Approval, may remove any such Surveyor.
VIII Surveyor, before entering upon Office, to make the following Declaration.
VIII. Every such Surveyor upon his Appointment, and before he enters upon the Duties of his Office, shall make and subscribe before the Chairman of the Commissioners a Declaration to the Effect following; (that is to say,)
'IA.B. , the Surveyor of the Town [or District] of [here name the Town or District ] under the [here name the special Act ], do declare, That I will diligently, faithfully, and impartially perform the Duties of my Office, and to the utmost of my Power, Skill, and Ability endeavour to cause the several Provisions of the said Act, and of the Towns Improvement Clauses Act, 1847, to be strictly observed, and that without Favour or Affection, Prejudice or Malice, to any Person whomsoever.'
IX Commissioners shall appoint an Inspector of Nuisances.
IX. The...
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