C. 34.

office of such commissioner, and acting in good faith as such commissioner, 14 & 15 VICT. shall, notwithstanding his disqualification or want of qualification for, or any defect or irregularity in, or in any way concerning his appointment to missioners such office, be as valid and effectual as if he were duly qualified, or there to be good had not been any such defect or irregularity.

notwith

informali

money for

XXXI. That for carrying this act into execution in any borough, dis- standing trict, or parish respectively, the council, with the approval of the com- ties. missioners of her Majesty's treasury, and also with the approval of the Councils, general board of health, and the board, with the approval of the com- &c., may missioners of her Majesty's treasury, and also with the approval of the borrow general board of health, and the commissioners, with the sanction of the the purposes vestry, and also with the approval of the commissioners of her Majesty's of the act, treasury, and also with the approval of the general board of health, may from time to time borrow, at interest, on the security of a mortgage, as the treasury. approval of the case may be, of the borough fund, or of the general district rates, or of the improvement rates, or of the rates for the relief of the poor of the parish, the money which may be by them respectively required, and shall apply the monies so borrowed accordingly.

with the

commis

XXXII. That the commissioners for carrying into execution an act The public passed in the tenth year of the reign of her Majesty, intituled "An Act works loan to authorize the Advance of Money out of the Consolidated Fund for carry- sioners may ing on Public Works and Fisheries and Employment of the Poor," may advance from time to time make to the council of any such borough or to any money for board or to the commissioners of any such parish respectively, for the pur- of this act. the purposes poses of this act, any loan, under the provisions of the recited act, or the several acts therein recited or referred to, upon security of the borough fund, or the general district rates, or the improvement rates, or the rates for the relief of the poor of the parish, as the case may be (a).

visions of

XXXIII. That the provisions of the Companies Clauses Consolidation Certain proAct, 1845, with respect to the borrowing of money by any company on 8 & 9 Vict. mortgage, and the provisions of the same act with respect to the accounta- c. 16, incorbility of the officers of the company, and the provisions of the same act porated with with respect to the making of byelaws, subject to the provision hereinafter this act. contained, and the provisions of the same act with respect to the recovery of damages not specially provided for, and penalties, so far as such provisions may respectively be applicable to the purposes of this act, shall be respectively incorporated with this act; and the expressions in such provisions applicable to the company and the directors shall apply, as regards a borough, to the council, and as regards a parish, to the commissioners; and all deeds and writings which under such provisions are required or directed to be made or executed under the common seal of the company shall, in the application of such provisions to this act, be deemed to be required or directed to be made or executed, as regards a borough, under the common seal of the mayor, aldermen, and burgesses, and, as regards a parish, under the common seal of the commissioners; and so much of such provisions as are applicable to the secretary of the company shall apply to the clerk; and in such of the said provisions as relate to the inspection of accounts, as regards a borough, the burgesses, and, as regards a parish, the ratepayers, shall have the privileges of shareholders.

XXXIV. That the Lands Clauses Consolidation Act, 1845, shall be in- Provisions corporated with this act (5): provided always, that the council, the board, of 8&9 Viet. and the commissioners respectively shall not purchase or take any lands porated with otherwise than by agreement.

c. 18, incor

this act.

XXXV. That in any such borough the council, with the approval of the In boroughs commissioners of her Majesty's treasury, may from time to time appro- the council priate for the purposes of this act in the borough any lands vested in the may appropriate, with consent of the treasury, lands vested in the mayor, &e.

4&10 Voor mayor, aldermen, and burgesses; and in any such district the beard, with

I

the approval of the general board of health, may from time to time appropriate for the purposes of this act in the detrit any lands vested in the e board or at the disposal of the bird; and in any such parish the comtere Lay, Linalopers atpointed under this art, with the approval of the vestry and of the guardians of the poor of the parish if any and of the poor law board, may from time to time appropriate for the purposes of this act in te the parish any lands vested in such guardians, or in the churchwardens, or in the church wardens and versers of the parish, or in any fecfees, trustees, or others, for the general beseft of the parish; and in any such parich the ommissi pers, and in any such berough the occneil, and in any such district the board, may from time to time, with the like respective (the maids approval, extract for the purchasing or renting of any lan is necessary for the purposes of this act; and the property therein shall be vested in the mayr, aldermen, and burgesses in the case of a leru, or in the board in the case of a district, or in the exmmissioners in the case of a parish.

Cand

enter into

XXXVI. That the council and board and emissners respectively may from time to time, on any lands so appropriated, purchased, or rented, or exntracted so to be, respectively, erect any buildings suitable for lodging houses for the labouring classes, and convert any buildings into lodging houses for the labouring classes, and may from time to time alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences.

XXXVII. That the council and board and commissioners respectively may from time to time enter into any extract with any persons or companies for building and making, and for altering, enlarging, repairing, and improving such lodging houses, and for supplying the same respectively for the yr with water, and for lighting the same respectively, and for fitting up the same respectively, and for furnishing any materials and things, and for executing and doing any other works and things necessary for the purpose of this act, which contracts respectively sball specify the several works and things to be executed, furnished, and done, and the prices to be paid for the same, and the times when the works and things are to be executed, furnished, and done, and the penalties to be suffered in cases of non-performance; and all such contracts, or true copies thereof, shall be entered in the books to be kept for that purpose: provided always, that a contract above the value or sum of one hundred pounds shall not be entered into by the council or the board or the commissioners for the purposes of this act unless previous to the making thereof fourteen days' notice shall be given in one or more of the public newspapers published in the county in which the borough or district or parish shall be situated, expressing the intention of entering into such contract, in order that any person willing to undertake the same may make proposals for that purpose, to be offered to the council or board or commissioners at a certain time and place in such notice to be mentioned; but it shall not be incumbent on the council or board or commissioners to accept any of the proposals so offered.

Ncontract

above 14
to be entere

ed into with

out notice.

Council or
Commis

purchase

existing lodging

houses.

XXXVIII. That the council of any such borough, and the board of any such district, and the commissioners, with such respective approval as is sioners may by this act required with respect to the purchasing or renting in any other case of any lands necessary for the purposes of this act, may, if they shall think fit, contract for the purchase or lease of any lodging houses for the labouring classes already or hereafter to be built and provided in any such borough or district or parish, and appropriate the same to the purposes of this act, with such additions or alterations as they shall respectively deem necessary; and the trustees of any lodging houses for the labouring classes which have been already or may hereafter be provided in any such borough or district or parish, by private subscriptions or otherwise, may, with the consent of the council of any such borough, or with the consent of the board

c. 34.

of any such district, or with the consent of the commissioners, and with 14 & 15 VICT. the like respective approval, and with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell or lease the said lodging houses to the said council or board or commissioners respectively, or make over to them the management of such lodging houses; and in all such cases the lodging houses so purchased or leased, or of which the management has been so made over, shall be deemed to be within the provisions of this act, as fully as if they had been built or provided by the council or board or commissioners, and the property therein shall be vested in the mayor, aldermen, and burgesses in the case of a borough, or in the board in the case of a district, or in the commissioners in the case of a parish.

water and

gas con

XXXIX. That any commissioners of waterworks, trustees of water- Power to works, water companies, gas companies, and other corporations, bodies, and persons having the management of any waterworks, reservoirs, wells, panies to springs, and streams of water, and gasworks respectively, may, in their supply discretion, grant and furnish supplies of water or gas for such lodging houses, either without charge or on such other favourable terms as they lodging

shall think fit.

water and

gas to

houses.

and com

XL. That anything in this act contained shall not render any member Councillors of the council of any borough, or any member of any such board, or any missioners commissioner, personally, or any of their lands, goods, chattels, or monies not to be (other than such lands, goods, chattels, or monies as may be vested in or personally liable. under the management or control of the council or board or commissioners respectively in pursuance of this act), liable to the payment of any sum of money as or by way of compensation or satisfaction for or in respect of anything done or suffered in due pursuance of this act.

XLI. That every person who shall feel aggrieved by any byelaw, order, Persons direction, or appointment of or by the council or board or commissioners may appeal against shall have the like power of appeal to the general quarter sessions as under orders of the provisions of the Companies Clauses Consolidation Act, 1845, incor- councils and porated with this act, he might have, if feeling aggrieved by any deter- commismination of any justice with respect to any penalty.

sioners.

consent.

XLII. That the council, with the approval of the commissioners of her Council, Majesty's treasury, and the board, with the approval of the general board &c., cmof health, and the commissioners appointed under this act, with the ap- make sale powered to proval of the vestry and of the commissioners of her Majesty's treasury and exrespectively, may from time to time make sale and dispose of any lands change of vested in the mayor, aldermen, and burgesses, or in the board, or in the lands, with commissioners, respectively, for the purposes of this act, and apply the proceeds, or a sufficient part thereof, in or towards the purchase of other lands better adapted for such purposes, and may, with the like approval, exchange any lands so vested, and either with or without paying or receiving any money for equality of exchange, for any other lands better adapted for such purposes, and the mayor, aldermen, and burgesses, or the board, or the commissioners, may convey the lands so sold or exchanged accordingly.

are consi

XLIII. That whenever any lodging houses which shall have been for When lodg seven years or upwards established under the authority of this act shall be ing houses determined by the council, or by the board, or by the vestry, in accordance dered too with a previous recommendation of the commissioners, to be unnecessary expensive, or too expensive to be kept up, the council or commissioners, with the they may, approval of the commissioners of her Majesty's treasury, or the board with with approval of the approval of the general board of health, may sell the same for the best treasury, be price that can reasonably be obtained for the same, and the mayor, alder- sold, and men, and burgesses, or the board, or the commissioners, shall convey the proceeds of same accordingly, and the purchase money shall be paid to such person as to borough the council or board or commissioners shall appoint, and his receipt shall fund or be a sufficient discharge for the same, and the net proceeds of such sale poor's rate.

sale carried

C. 34.

14 & 15 VICT. shall be applied in the first instance in or towards payment or satisfaction of all the debts, liabilities, and engagements whatsoever, with respect to the purposes of this act, of the council, the board or the commissioners, and the surplus, if any, of such net proceeds paid to the credit of the borough fund, or of the general district rate, or of the improvement rate, or of the rate for the relief of the poor of the parish.

Commis

sioners to

a corpora

tion when

XLIV. Provided always, that whenever by reason of the sale of all the lodging houses provided under this act for a parish, and the application as cease to be by this act required of the net proceeds of such sale, and the performance of all other the duties under this act of the commissioners for the parish, their duties or by any other reason, it becomes needless for the commissioners for a have ceased. parish to continue to be a corporation, such commissioners shall thereupon cease to be a corporation, and their office as commissioners for the parish shall thereupon cease, and this act shall thereupon cease to be in force in the parish, but nevertheless this act may thereafter be adopted for the parish.

Manage

ment to be

vested in council and

parish commissioners. Council, &c., may make bye laws for regulating the lodging

houses.

XLV. That the general management, regulation, and control of the lodging houses established under this act shall, subject to the provisions of this act, be, as to any borough, vested in and exercised by the council, and as to any district vested in and exercised by the board, and as to any parish vested in and exercised by the commissioners.

XLVI. That the byelaws which the council and board and commissioners respectively may from time to time make, alter, repeal, and enforce shall include such byelaws for the management, use, and regulation of the lodging houses, and of the tenants or occupiers thereof, and for deter mining from time to time the charges for the tenancy or occupation of the lodging houses, as the council and board and commissioners respectively shall think fit, and they respectively may appoint any penalty not exceeding five pounds for any and every breach, whether by their officers or servants or by other persons, of any byelaw made by them respectively, and such byelaws shall make sufficient provision for the several purposes Byelaws to respectively expressed in the schedule to this act : provided always, that a be approved byelaw made under the authority of this act shall not be of any legal force by the until the same shall have received the approval of one of her Majesty's secretary of state. principal secretaries of state. Byelaws to be hung up

in every room in the lodging houses. Charges for occupation, &c., to be

XLVII. That a printed copy or sufficient abstract of the byelaws relating to the management, use, and regulation of the lodging houses shall be put up and at all times kept in every room therein.

XLVIII. That the council and the board and the commissioners respectively may from time to time make such reasonable charges for the tenancy or occupation of the lodging houses provided under this act as they shall think fit.

fixed by councils and commissioners.

As to ten

ants of

lodging houses

receiving parochial relief. Lodging

houses to be open to in

spection of local boards of health.

Penalty on council,

commis

XLIX. That any person who, or whose wife or husband, at any time while such person is a tenant or occupier of any such lodging house or any part of such a lodging house, receives any such relief, other than such relief granted on account only of accident or temporary illness, shall thereupon be disqualified for continuing to be such a tenant or occupier.

L. That every lodging house established under this act which shall be within the district of a local board of health shall at all times be open to the inspection of such board, and the officers thereof from time to time authorised by such board to make such inspection.

LI. That if any clerk or other officer or any servant who shall be in anywise employed by any council or board or commissioners in pursuance of this act shall exact or accept any fee or reward whatsoever for or on account of anything done or forborne, or to be done or forborne, in pursuance of this act, or on any account whatsoever relative to putting this act into execution, other than such salaries, wages, or allowances as shall beyond sala- have been appointed by the council or board or commissioners, or shall in

sioners, or officers

taking fees

C. 34.

contracts.

any wise be concerned or interested in any bargain or contract made by the 14 & 15 VICT. council or board or commissioners for or on account of anything done or forborne, or to be done or forborne, in pursuance of this act, or on any ries, or being account whatsoever relative to the putting of this act into execution, or if interested in any person during the time he holds the office of member of the council, or member of the board, or commissioner, shall exact or accept any such fee or reward, or shall accept or hold any office or place of trust created by virtue of this act, or be concerned directly or indirectly in any such bargain or contract, every such person so offending shall be incapable of ever serving or being employed under this act, and shall for every such offence also forfeit not exceeding the sum of fifty pounds.

LII. That such part of any penalty recovered under this act as shall not Application be awarded to the informer shall be paid to the credit, as regards a borough, of penalties. of the borough fund, and, as regards a district, of the general district rate thereof or the improvement rate thereof, and, as regards a parish, of the rate for the relief of the poor thereof.

LIII. That nothing in this act shall extend to Scotland.

SCHEDULE referred to by the foregoing act.

1. BYELAWS to be made in all cases.

For securing that the lodging houses shall be under the management and control of the officers, servants, or others appointed or employed in that behalf by the council or board or commissioners.

For securing the due separation at night of men, and boys above eight years old, from women and girls.

For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances.

For determining the duties of the officers, servants, and others appointed by the council or board or commissioners.

2. BYELAWS to be made in boroughs, districts, and parishes wholly or
partially within the districts of local boards of health.
For carrying out the regulations of the local boards of health.

3. BYELAWS to be made in parishes.

For regulating the procedure of the commissioners.

Not to ex

tend to

Scotland.

15 & 16 VICT. c. 56.

An Act for regulating the Qualifications
Chemists (a).

of Pharmaceutical 15 & 16 VICT. [30th June, 1852.]

:

WHEREAS it is expedient for the safety of the public that persons exercising the business or calling of pharmaceutical chemists in Great Britain should possess a competent practical knowledge of pharmaceutical and general chemistry and other branches of useful knowledge and whereas certain persons desirous of advancing chemistry and pharmacy, and of promoting an uniform system of educating those who should practise the same, formed themselves into a society, called "The Pharmaceutical Society of Great Britain," which said society was on the eighteenth day of February one thousand eight hundred and forty-three incorporated by royal charter, whereby it was provided that the said society should consist of members who should be chemists and druggists who were or had been established on their own account at the date of the said charter, or who (a) See "Pharmaceutical Chemists," p. 185.

C. 56.