Towns Improvement (Ireland) Act 1854

JurisdictionUK Non-devolved
Citation1854 c. 103
Anno Regni VICTORI, Britanniarum Regin, Decimo Septimo & Decimo Octavo. An Act to make better Provision for the paving, lighting, draining, cleansing, supplying with Water, and Regulation of Towns inIreland .

(17 & 18 Vict.) C A P. CIII.

[10th August 1854]

'WHEREAS it is expedient to make better Provision for the paving, lighting, draining, cleansing, supplying with Water, and Regulation of Towns inIreland , and to extend to such Towns certain Provisions of ‘ The Commissioners Clauses Act, 1847,’ and of ‘ The Towns Improvement Clauses Act, 1847,’ and of certain other Acts herein-after mentioned:' 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, as follows:

S-I Interpretation of Terms in this Act.

I Interpretation of Terms in this Act.

I. The following Words and Expressions in this Act 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,) the Word ‘Town’ shall mean and include a City, Town Corporate, Borough, Market Town, or other Town inIreland , containing a Population of One thousand five hundred Inhabitants or upwards, as ascertained by their last Population Returns made pursuant to Act of Parliament; the Expression ‘the Lord Lieutenant’ or ‘Lord Lieutenant of Ireland’ shall include any other Chief Governor or Governors of Ireland ; the Word ‘Justices,’ as far as it relates to any Town situate in the Dublin Metropolitan Police District, shall be construed to mean the Divisional Magistrates of the said Police District; the Word ‘Person,’ and Words applying to any Person or Individual, shall apply to and include Corporations; the Word ‘Householder’ shall mean a Male Occupier of a Dwelling House, or of any Lands, Tenements, or Hereditaments within the prescribed Boundaries of the Town rated to the Relief of the Poor in respect thereof; the Word ‘Occupier’ shall extend to and include an immediate Lessor made liable under this Act to Assessments in Cases of Premises of such small annual Value as herein-after mentioned respectively in that Behalf, and such Word ‘Occupier’ shall not include a Lodger or a Party in the Occupation as Tenant of a furnished House let for a less Period than One Year, but shall include the Party by whom such furnished House is so let; the Expression ‘Lodging House’ shall mean a House in which Lodgers are housed for a less Period than One Week at a Time, at an Amount not exceeding Fourpence per Head per Night; the Word ‘County’ shall include a County of a City or County of a Town; the Expression ‘the Commissioners’ shall mean a Majority of the Commissioners for the Purposes of this Act acting in and for a Town by which this Act has been in whole or in part adopted; the Word ‘Treasurer’ shall mean any Bank or Banking Company appointed by the Commissioners to act as their Treasurer; the Word ‘Lands’ and the Word ‘Premises’ shall include all Lands, Springs, Dwelling Houses, Shops, Warehouses, Vaults, Cellars, Stables, Breweries, Manufactories, Mills, and other Houses and Buildings, and Yards and Places; the Word ‘Street’ shall extend to and include any Road, Bridge, Lane, Square, Court, Alley, and Thoroughfare or public Passage; the Word ‘Oath’ shall include Affirmation in the Case of Quakers, and Declaration in the Case of Persons allowed by Law to make a Declaration in lieu of an Oath; the Word ‘Owner,’ used with reference to any Lands or Premises in respect of which any Work is required to be done, or any Assessment paid under this Act, shall mean the Person for the Time entitled to receive, or who, if such Lands or Premises were let to a Tenant at a Rackrent, would be entitled to receive the Rackrent from the Occupier thereof; the Expression ‘Assistant Barrister’ shall mean the Assistant Barrister for the County or Place in which the Lands or Premises in question are situate, and shall also include the Chairman of the Sessions of the Peace of the County ofDublin ; the Expression ‘Rackrent’ shall mean Rent which is not less than Two Thirds of the full net annual Value of the Property out of which the Rent arises, and the full net annual Value shall (save as regards any Valuation for Poor Rates or Valuation for Assessments under this Act) be taken to be the Rent at which the Property ought reasonably to be expected to let from Year to Year, free from all Quit Rent, Head Rent, Ground Rent, and usual Tenants Rates and Taxes, and deducting therefrom the probable annual Cost of the Repairs, Insurance, and other Expenses (if any) necessary to maintain the same in a State to command such Rent; the Expression ‘private Assessment’ shall mean any Assessment or Charge on Individuals for private Improvement Expenses, or for House Drainage, or otherwise under this Act; the Expression ‘District Assessment’ shall mean any Assessment other than a ‘private Assessment’ which is confined only to a Portion or District of any Town; the Word ‘Cattle’ shall include any Horse, Mare, Gelding, Foal, Colt, Filly, Bull, Cow, Heifer, Ox, Calf, Ass, Mule, Ram, Ewe, Wether, Lamb, Goat, Kid, or Swine; the Expression ‘lawful Day’ shall mean a Day not being Sunday, Christmas Day , or Good Friday ,and when any Number of Days is appointed by this Act the same shall be construed to mean such lawful Days, and be computed inclusive of the first and exclusive of the last of such Days; Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number; and Words importing the Masculine Gender (except only the Word ‘Male’) shall include Females.

S-II Short Title of this Act.

II Short Title of this Act.

II. In citing this Act in other Acts of Parliament, and in legal Instruments, and in pleading, it shall be enough to use the Expression ‘TheTowns Improvement (Ireland ) Act, 1854.’

S-III Form in which Portions of this Act may beincorporated in other Acts, or in Documents.

III Form in which Portions of this Act may beincorporated in other Acts, or in Documents.

III. 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 Reference to said introductory Words shall also be a sufficient Incorporation thereof in any Notice, Application, or other Proceeding under this Act.

S-IV On Application of Twenty-one Eight PoundHouseholders of any Town, Lord Lieutenant may order Mayor, &c. toconvene a Meeting to consider the carrying this Act into execution therein.

IV On Application of Twenty-one Eight PoundHouseholders of any Town, Lord Lieutenant may order Mayor, &c. toconvene a Meeting to consider the carrying this Act into execution therein.

IV. Upon the Application of Twenty-one or more Householders of any City or Town inIreland ,each of such Householders occupying a Dwelling House or other Lands, Tenements, or Hereditaments within such City or Town, and rated in respect thereof to the Relief of the Poor at a net annual Value of Eight Pounds or upwards, applying that this Act or that specific Portion thereof (described as herein-before provided) may be carried into execution in such City or Town, which Application shall specify the Boundaries proposed for the Purposes of this Act, and a Copy of which Application shall be inserted in the Dublin Gazette and in One or more Newspaper or Newspapers published in such City or Town, and if none be therein published then in One or more Newspaper or Newspapers published nearest to such City or Town, it shall be lawful for the Lord Lieutenant of Ireland , One Month after Receipt of such Application, and if he shall approve of such proposed Boundaries, to order and direct that the Mayor or other Chief Magistrate of such Town (being a Corporate Town), or the Chairman of the Municipal Commissioners under the Act of the Third and Fourth Years of the Reign of Her present Majesty, Chapter One hundred and eight, wherever the same shall be in force, or any Two or more Justices of the Peace resident within Ten Miles of such Town, shall convene a Meeting for the Purpose of considering the carrying of this Act into execution, and One of them shall preside thereat, such Orders and Directions to be signified by the Chief Secretary of the Lord Lieutenant, or in his Absence by the Under Secretary; and a Copy of such Orders and Directions, with the Names of the Parties signing the Application for the same, and the Boundaries so approved of shall be inserted, under the Direction of such Chief or Under Secretary, in such Gazette and Newspaper or Newspaper as aforesaid.

S-V Order to specify the Boundaries of Town for thePurposes of this Act.

V Order to specify the Boundaries of Town for thePurposes of this Act.

V. Any such Order and Direction as aforesaid shall describe and specify the proposed Boundaries, for the Purposes of this Act, of such City or Town; and the same shall be in like Manner published in such Gazette and Newspaper or Newspapers as aforesaid; and if this Act shall be adopted in manner herein mentioned, in the whole or in part, such Boundaries, so approved of as aforesaid, shall be deemed to be the Boundaries of such City or Town for the Purposes of this Act: Provided always, that, in case it shall hereafter appear necessary, it shall be lawful for the Commissioners, by and with the Consent of the Lord Lieutenant, to alter or extend the Boundaries of...

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