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THE TOWNS IMPROVEMENT CLAUSES ACT, 1847.
10 & 11 VICT. c. 34.

An Act for consolidating in one Act certain provisions usually
contained in Acts for paving, draining, cleansing, lighting,
and improving Towns.
[21st June, 1847.]

This Act may be incorporated in special Acts in the same manner as in the other consolidating Acts. See section 5 of the Lands Clauses Act, 1845, and notes thereto, ante, p. 10.

Most of the powers given by special Acts incorporating this Act are given to urban sanitary authorities-now urban district councils-by the Public Health Act, 1875, post, and by section 160 thereof certain of the sections of this Act are incorporated therewith. The sections dealing with compensation are sections 19-21.

And with respect to taking lands and the compensation to be made by the commissioners for damage done by them in execution of the powers of this and the special Act, be it enacted as follows:

lands for

purposes of special Act to be

Lands

8 & 9 Vict.

19. Where by this or the special Act the commissioners Sect. 19. shall be empowered to take or use for the purposes thereof Taking of any lands otherwise than with the consent of the owners and occupiers thereof, they shall, in exercising the powers so given, be subject to the provisions and restrictions contained subject to in this Act and in the Lands Clauses Consolidation Act, Clauses 1845; and the commissioners shall make to the owners and Acts. occupiers of and all other parties interested in any such lands c. 18. taken or used for the purposes of this or the special Act, full compensation for the value of the lands so taken or used and for all damage sustained by such owners, occupiers, and other parties by reason of the exercise, as regards such lands, of the powers vested in the commissioners by this or the special Act or any Act incorporated therewith; and, except where otherwise provided by this or the special Act, the amount of such compensation shall be determined in the manner pro

Sect. 19. vided by the said Lands Clauses Consolidation Act for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the last-mentioned Act shall be applicable to determine the amount of any such compensation and to enforce the payment or other satisfaction thereof.

Errors and

omissions

Act may

be cor

rected by justices, who shall certify the

The principles of compensation will be found in the notes to section 63 of the Lands Clauses Act, 1845, for land taken (ante p. 110), and to section 68 in respect of lands injuriously affected (ante, p. 129).

"The Special Act."-This expression in this Act means 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 Act shall be incorporated." Section 2.

"The Commissioners" mean "the commissioners, trustees, or other persons or body corporate intrusted by the special Act with powers for executing the purposes thereof." Section 2. The definition of promoters of the undertaking in section 2 of the Lands Clauses Act, 1845, ante, p. 4, includes commissioners.

"Lands."-This word "shall include messuages, lands, tenements, and hereditaments of any tenure (section 3), and see the same definition in section 3 of the Lands Clauses Act, 1845, ante, p. 5, and the note thereto.

20. If any omission, mis-statement, or wrong description in schedule shall have been made of any lands, or of the owner, lessees, to special or occupiers of any lands mentioned in any schedule to the special Act, the commissioners, after giving ten days' notice to the owners, lessees, and occupiers of the lands affected by such proposed correction, may apply to two justices for the correction thereof, and if it appear to such justices that such omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, mis-statement, or wrong description; and such Certificate certificate, with the other documents to which it relates, shall deposited. be deposited with the clerk of the peace of the county in

same.

to be

which the lands affected thereby are situated, and such certificate shall be kept by such clerk of the peace with the other documents to which it relates, and thereupon such

schedule shall be deemed to be corrected according to such Sect. 20. certificate; and the commissioners may take any lands in accordance with such certificate as if such omission, misstatement, or wrong description had not been made.

See section 7 of the Railways Clauses Act, 1845, which is similar in effect, and see the notes thereto, ante, p. 309.

sioners to

for

done.

agree as to

same to be

mined in

21. The commissioners shall make good all damage to any Commisbuildings or land by reason of altering the level of any street, make comor otherwise carrying into execution any of the powers of pensation this or the special Act, or of any Act incorporated therewith, damage and shall pay to the owners, lessees, and occupiers of any such If parties buildings or lands respectively such amount of compensation cannot for such injury as shall be agreed upon between such owners, compensalessees, and occupiers and the commissioners; and if such tion, the owners, lessees, and occupiers, and commissioners cannot agree deteras to the amount of such compensation, and the proportions mine thereof to be paid to such owners, lessees, and occupiers respec- provided by 8 & 9 tively, then the amount of such compensation, and also the Vict. c. 18. proportions which the persons claiming the same are entitled to shall be determined in the manner provided by the Lands Clauses Consolidation Act, 1845, for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the last-mentioned Act shall be applicable to determine the amount of any such compensation and to enforce payment or other satisfaction thereof.

As to compensation in respect of altering the level of streets, see the notes to section 68 of the Lands Clauses Act, 1845, ante, p. 129, and more particularly the note "Access to premises," p. 137; and see also the notes to section 308 of the Public Health Act, 1875, post.

Commissioners are not authorised by this Act to commit a nuisance as by carrying sewerage into rivers. Attorney-General v. Leeds Corporation, 5 Ch. 583.

Sections 214 and 215 contain provisions as to access to the special Act practically identical with those in the other Clauses Consolidation Acts. See the Waterworks Clauses Act, 1847, sections 90, 91, ante, p. 398.

manner

THE CEMETERIES CLAUSES ACT, 1847.

10 & 11 VICT. c. 65.

An Act for consolidating in one Act certain provisions usually
contained in Acts authorising the making of Cemeteries.
[9th July, 1847.]

Whereas it is expedient to comprise in one Act sundry provisions usually contained in Acts of Parliament authorising the making of cemeteries, and that as well for avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for insuring 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 Extent of the authority of the same, that this Act shall extend only to such cemeteries as shall be authorised by 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 in any such Act, shall apply to the cemetery authorised thereby, so far as they are applicable to such cemetery, and shall, with the clauses of every other Act incorporated therewith, form part of such Act, and be construed therewith as forming one Act.

Act.

This Act is intended to be incorporated in Acts obtained by companies or individuals for the purpose of providing a cemetery. It is incorporated in the Public Health (Interments) Act, 1879, an amending Act of the Public Health Act, 1875, which enables a local authority to acquire, construct, and maintain a cemetery either wholly or partly within or without their district. Sections 2 and 3.

The Burial Acts, 1852-1885, were intended to provide for the closing of overfilled churchyards and burial grounds, and to establish burial boards both in urban and rural districts, for the purpose of providing and managing new burial grounds. See Little's Law of Burial," 2nd edition, p. 66. The powers of burial boards are now transferred by the Local Government Act, 1894 (56 & 57 Vict. c. 73), to parish

councils. Burial boards had no power to take land compulsorily, but
by section 9 of the Local Government Act, 1894, parish councils may
apply to the county council to take land for any of the purposes of that
Act if they cannot acquire it by agreement on reasonable terms.
Local Government Act, 1894, post.

See

The taking of land under the Cemeteries Clauses Act or the Public Health (Interments) Act, 1879, is quite independent of the powers given by the Burial Acts.

And with respect to the making of the cemetery, be it enacted as follows :(a)

Sect. 6.

tion of

to be sub

of this and the Lands

Consolida

6. Where by the special Act the company shall be em- Construcpowered, for the purpose of making the cemetery, to take or cemetery use any lands otherwise than with the consent of the owners ject to the and occupiers thereof, they shall, in exercising the power so provisions given to them, be subject to the provisions and restrictions contained in this Act and the Lands Clauses Consolidation Clauses Act, 1845, and shall make to the owners and occupiers of tion Act, and all other parties interested in any lands taken or used 1845. for the purposes of the special Act, or injuriously affected by the construction of the works thereby authorised, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, or other parties, by reason of the exercise, as regards such lands, of the powers vested in the company by this or the special Act, or any Act incorporated therewith, and, except where otherwise provided by this or the special Act, the amount of such compensation shall be determined in the manner provided by the Lands Clauses Consolidation Act, 1845, for determining questions of compensation with regard to lands purchased or taken under the provisions thereof, and all the provisions of the last-mentioned Act shall be applicable to determine the amount of such compensation, and to enforce payment or other satisfaction thereof.

(a) Sections 6-17.

As to the principles of compensation, see the notes to sections 63 and 68 of the Lands Clauses Act, 1845, ante, pp. 110, 129.

"The special Act" in this Act means "any Act which shall be hereafter passed authorising the making of a cemetery, and with which this Act shall be incorporated." Section 2.

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