c. 70.

entitled to the receipt thereof, whether on his own account or as trustee 26 & 27 VICT. for any other person: provided that any person holding any lands under a lease shall not be entitled to be deemed the owner thereof within the meaning of this section unless he holds the same for a term whereof thirty years at least are unexpired at the passing of this act, or for lives whereof two at least are subsisting at the passing of this act, and where such years or lives are not unexpired or subsisting the person entitled to the reversion immediately expectant on the determination of such lease shall be deemed the owner within the meaning of this section.

where there

XIV. If the guardians of any union, parish, or township should, at a Power for meeting held after special notice in writing sent to every elected and guardians, ex officio guardian of the union, determine that it would contribute to the is no local health or convenience of the inhabitants of any place for which such board or guardians are the local authority for executing the powers of the Nuisances local autho Removal Acts (a) that any of the following works should be executed; viz., rity, to borThat any pond, pool, open ditch, sewer, or drain should be drained, ful works. cleansed, covered, or filled up;

That any highway or public road or footpath should be made, levelled,

or improved;

That any river, stream, or brook should be widened, deepened, cleansed, embanked, straightened, or otherwise improved;

That a sewer or drain should be made or improved;

That a well should be dug;

That a reservoir for water supply should be constructed, improved, or enlarged, or the requisite pipes connected with any reservoir for water supply be laid down, improved, or extended;

That any common or other lands used or intended to be used as places of public recreation should be drained, laid out, planted, or otherwise improved; or

That any other work of public utility or sanitary improvement should be executed;

such guardians may procure a plan of such works, and an estimate of the cost thereof, and lay the same before the poor law board, who, upon being satisfied that such works may be properly undertaken and executed, may, by an order, authorise the guardians to borrow, and thereupon the public works loan commissioners may lend to the guardians, subject and according to the provisions herein before contained, such money as the poor law board may consider necessary for the works so approved, the repayment of such money, with interest at the rate aforesaid, to be secured by the guardians by a mortgage of or charge upon the rates raised or to be raised in manner hereinafter mentioned; the guardians shall cause such works to be executed, subject to the restrictive and saving clauses and provisions contained in the Local Government Act, 1858 (b), so far as the same are applicable to the execution of any such works, paying the cost thereof out of the money so borrowed, with power nevertheless, if they think fit, from time to time to appoint a committee or committees of their own body, of which committee the elected guardian or guardians of any such place and the justices of the peace resident therein shall ex officio be members, if not otherwise elected, to act in and for one or more of the places for which the guardians are the local authority, and every committee so appointed shall have the full power to direct and superintend the execution of such works within the specified place or places for which the committee is appointed.

row for use

XV. The instalments of principal in repayment of any loan under this Manner in act to guardians shall, with the interest on so much of the loan as from which time to time remains unpaid thereon, be contributed and raised in manner parishes are hereinafter mentioned; (that is to say,)

(a) See 18 & 19 Vict. c. 121, p. 419, and 23 & 24 Vict. c. 77, p. 498; also "Constitution of Local Authorities." p. 24.

(b) See 21 & 22 Vict. c. 98, p. 457.

to contri

bute to

26 & 27 VICT. c. 70.

wards the repayment of loans to guardians.

Incorpora

Clauses

(1.) Where the works for which the loan has been advanced shall be undertaken for a place maintaining its own poor, the instalments and the interest shall be contributed by the overseers upon the order of the guardians out of the poor's rate, in like manner as the other claims of the guardians upon them :

(2.) Where the works shall be undertaken for two or more such places
the instalments and the interest shall be apportioned by the
guardians between such places in proportion to the costs of the
works undertaken therein respectively, as set forth in the estimate
for the same, approved of by the poor law board, and the instal-
ments and interest when so apportioned shall be contributed by
the overseers of such places respectively upon the order of the
guardians as aforesaid:

(3) Where the works shall be undertaken for a place, for part only of
which the guardians are the local authority, the instalments and
the interest shall be contributed by the overseers upon the order
of the guardians, but the overseers shall raise the amount from
time to time as required by a rate upon all the rateable property
within that part of such place within which the guardians are the
local authority, as if such part were a separate place maintaining
its own poor; and such rate shall be made and enforced in like
manner in every respect as a rate for the relief of the poor:
(4.) Where the works shall be undertaken for one or more places main-
taining their own poor, and also for one or more such places, for
part only of which the guardians are the local authority, the
instalments and the interest shall be apportioned by them between
such places and parts of places respectively, and shall be con-
tributed and collected by the overseers in manner herein before
provided with respect to contributions from such places and parts
of places respectively.

XVI. The Lands Clauses Consolidation Act, 1845 (a), and any act tion of Lands amending the same, except with respect to the taking of lands otherwise than by agreement, shall be incorporated with this act; and for the of those acts this act shall be deemed the special act, and the purposes local board or local or other authority exercising the powers of this act shall be deemed the promoters of the undertaking.

Act, except as to com

pulsory powers.

Incorporation of

clauses of

c. 16, with

XVII. The clauses of the Commissioners Clauses Act, 1847 (b), with respect to the mortgages to be executed by the commissioners, except so 10 & 11 Vict. far as the same may be inconsistent with the provisions of the said act of the session of the twenty-fourth and twenty-fifth years of her Majesty (chapter eighty), or of any of the acts therein recited, shall be incorporated with this act; and in the construction of this act and of the said incorporated clauses this act shall be deemed the special act, and the local board or local or other authority to which a loan is made shall be deemed to be the commissioners.

respect to mortgages.

Validity of mortgages notwith

XVIII. Every mortgage for securing money lent under this act purporting to be executed by any such local board or local or other authority standing ir- as hereinbefore described, except guardians, in manner provided by the regularities clauses of the Commissioners Clauses Act, 1847 (b), herein incorporated, of proceed and every like mortgage purporting to be executed by the guardians of ings. any union, parish, or township as aforesaid, shall constitute a complete and valid security on the rates, property, and income thereby expressed to be mortgaged, and shall give to and impose on the local board or local or other authority intrusted with the levying of the rates thereby expressed to be mortgaged, or authorised to make calls for contributions as hereinbefore mentioned, the power and obligation from time to time to levy such rates, or to make and enforce such cails, as the case may be, to an amount

c. 70.

sufficient to maintain any such works, and to discharge, in manner pro- 26 & 27 VICT. vided by such mortgage, the principal and interest expressed to be thereby secured, notwithstanding any defect or irregularity in the election, appointment, constitution, or proceedings of such local board or local or other authority, and notwithstanding any vacancy in the number of persons, or any disqualification of any person or persons being a member of or constituting such local board or local or other authority, and notwithstanding that any person or persons may have assumed to act as member or members of such local board or local or other authority, or as such authority, though not legally elected, appointed, constituted, or qualified as such member, members, or authority.

rates not

conditions

XIX. Where the public works loan commissioners make a loan in Validity of pursuance of any such order of the poor law board as herein before men- security on tioned, and take a mortgage for securing repayment of the same, withstandpurporting to be made under the authority of this act, they shall not be ing defect bound to require proof that any condition imposed by this act has been in compliduly complied with; and in every such case the local board or local or ance with other authority shall have full power and is hereby required to levy the of act. rates mortgaged, or to make and enforce such calls for contributions as aforesaid, as the case may be, for repayment of the money borrowed, with interest, notwithstanding that any such condition may not have been complied with; and it shall not be competent to any ratepayer or other person to question the validity of any such mortgage or rate on the ground that any such condition had not been complied with.

XX. The poor law board shall not make an order for a loan under this Limitation act in any case after the first day of July one thousand eight hundred and of time for obtaining sixty-four (a), unless they think fit to make an order after that day with loans. a view to the completion of works then already begun.

act same as

XXI. This act shall extend and apply only to boroughs, parishes, Extent of towns, districts, and places within or comprising the unions situate wholly that of or in part in the counties of Chester, Lancaster, and Derby. XXII. The word " overseers shall include churchwardens in the case Interpretaof any parish to which this act applies.

Union Relief Aid Acts.

tion

XXIII. This act may be cited as the Public Works (Manufacturing Short title. Districts) Act, 1863.

witnesseth, that A. B. of

one thousand eight hundred and
being the owner within

sixty-
the meaning of "The Public Works (Manufacturing Districts) Act, 1863,"
of the lands mentioned in the schedule hereto, by virtue and in exercise of
the power in this behalf vested in him by the said act, and of every other
power enabling him in this behalf, doth hereby charge the inheritance of
such lands with the sum of
pounds, being the amount expended
by [describe the local bard or local or other authority] in the execution of
the following works for the improvement of the said lands [describe the
works], and with the sum of
pounds, being the amount of the
costs incurred by the said local board [or local or other authority] and the
said A.B. as such owner as aforesaid in relation to this present security,
making together the sum of
pounds, together with interest
for the same aggregate sum of
pounds at the rate of
per centum per annum from the
until full payment
thereof; and doth hereby declare that the said principal money and
interest shall be paid by the owner for the time being of the said lands to
the said local board [or local or other authority] in manner following;
namely, the interest on such principal sum of pounds, or on so

day of

(a) Sco 27 & 23 Vict. c. 104, s. 3, p. 693.

C. 70.

26 & 27 VICT. much thereof as from time to time remains unpaid, shall be paid by equal half-yearly payments on the

day of

and the

day of

in every year, the first payment of such interest to be made on the
one thousand eight hundred and sixty-
pounds shall be paid by

day of

such principal sum of

annual instalments on the

; and equal

day of

such instalments to be paid on the

day of

hundred and sixty

in every year, the first of one thousand eight

In witness where of the said A. B. hath hereunto set his hand and seal one thousand eight hundred and sixty

the

day of

C. 117.

26 & 27 VICT. c. 117.

26 & 27 VICT. An Act to amend the Nuisances Removal Act for England, 1855, with respect to the Seizure of diseased and unwholesome Meat (a). [28th July, 1863.] WHEREAS the provisions of "The Nuisances Removal Act for England, 1855" (b), with regard to the inspection and seizure of diseased and unwholesome meat, are defective; and it is therefore expedient that the same should be repealed, and that other and more effectual provisions in that behalf should be substituted therefor: be it therefore 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:

Sect. 26 of recited act repealed.

Power to medical officer of health or

inspector of

nuisances to inspect any animal,

&c.

I. From and after the passing of this act, the twenty-sixth section of the said act is repealed (b).

II. The medical officer of health or inspector of nuisances may at all reasonable times inspect and examine any animal, carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour exposed for sale, or deposited in any place for the purpose of sale or of preparation for sale, and intended for the food of man, the proof that the same was not exposed or deposited for such purpose or purposes, or was not intended for the food of man, resting with the party charged; and in case any such animal, carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour appear to him to be diseased, or unsound, or unwholesome, or unfit for the food of man, it shall be lawful for such medical officer of health or inspector of nuisances to seize, take, and carry away the same, or direct the same to be seized, taken, and carried away by any officer, servant, or assistant, in order to have the same dealt with by a justice; and if it shall appear to the justice that any such animal, or any of the said articles, is diseased, or unsound or unwholesome, or unfit for the food of man, he (b) See 18 & 19 Vict. c. 121, s. 26, p. 427.

(a) See "Diseased Meat," p. 157.

C. 117.

shall order the same to be destroyed, or so disposed of as to prevent such 26 & 27 VICT. animal or articles from being exposed for sale or used for such food; and the person to whom such animal, carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour belongs or did belong at the time of sale or of exposure for sale, or in whose possession or on whose premises the same is found, shall, upon conviction, be liable to a penalty not exceeding twenty pounds for every animal, carcase, or fish, or piece of meat, flesh, or fish, or any poultry or game, or for the parcel of fruit, vegetables, corn, bread, or flour so found, or, at the discretion of the justice, without the infliction of a fine, to imprisonment in the common gaol or house of correction for a term of not more than three calendar months.

medical

III. In case any person shall in any manner prevent such medical Penalty for officer of health or inspector of nuisances from entering any slaughterhouse, obstructing shop, building, market, or other place where such animal, carcase, meat, officer of poultry, or fish is kept for the purpose of sale or of preparation for sale, or health, &c. shall in any manner obstruct or impede him, or his servant or assistant, when duly engaged in carrying the provisions of this act into execution, such person shall be liable to a penalty not exceeding five pounds.

IV. This act and "The Nuisances Removal Act for England, 1855," This and reshall be read and construed together as one act. cited act to be as one act.

V. This act may be cited for all purposes as "The Nuisances Removal Short title. Act for England (Amendment) Act, 1863."

26 & 27 VICT. c. 124.

An Act for the more effectual Condensation of Muriatic Acid 26 & 27 VICT, Gas in Alkali Works. [28th July, 1863.]

WHEREAS it is expedient to provide for the better condensation of the muriatic acid gas evolved in alkali works: 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:

I. This act may be cited as the "Alkali Act, 1863."

C. 124.

Preliminary.

Short title.

II. This act shall come into operation on the first day of January one Commencethousand eight hundred and sixty-four.

ment of act

III. The term "alkali work," as hereinafter used, shall mean every Interpretawork for the manufacture of alkali, sulphate of soda, or sulphate of potash tion of in which muriatic acid gas is evolved:

The term "owner, as hereinafter used, shall mean the lessee or occupier or any other person carrying on any alkali work :

The term "the inspector" shall mean the inspector to be appointed under this act.

terms.

Alkali
Works.

As to the

IV. Every alkali work shall be carried on in such manner as to secure the condensation to the satisfaction of the inspector, derived from his own examination or from that of a sub-inspector, of not less than ninety-five per centum of the muriatic acid gas evolved therein provided always, conduct of that nothing herein contained shall entitle the inspector to direct any alkali alteration to be, made in the process of manufacture or the apparatus used works. therein.

If any alkali work is carried on in contravention of this section, the owner of that work shall, on its being made to appear to the court before which any proceedings for recovery of a penalty may be instituted that ninety-five per centum at least of the muriatic acid gas evolved in such work has not been condensed, be deemed to be guilty of an offence against