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Bye Laws may
be made for all Purposes herein
or any of the
be repealed or altered from Time to Time.
such List to be conspicuously set up and continued in the Market or Fair, and in each Weighing House and Slaughterhouse provided by the Undertakers, to which each such List shall relate, and no Stallage, Rent, or Toll shall be payable during the Time such List is not so set up, or for any thing not specified therein: Provided always, that if such List shall be destroyed, injured, or obliterated, the Stallages, Rents, and Tolls shall continue to be payable during such Time as shall be reasonably required for the Restoration of such List, in the same Manner as if such List had continued in the State required by this Act.
And with respect to the Bye Laws to be made by the Undertakers, be it enacted as follows:
XLII. The Undertakers may from Time to Time make such
Bye Laws as they think fit for all or any of the following
For regulating the Use of the Market Place and Fair, and
For fixing the Days, and the Hours during each Day, on which the Market or Fair shall be held:
For Inspection of the Slaughter-houses, and for keeping the same in a cleanly and proper State, and for removing Filth and Refuse at least once in every Twenty-four Hours, and for requiring that they be provided with a sufficient Supply of Water, and preventing the Exercise of Cruelty therein: For regulating the Carriers resorting to the Market or Fair, and fixing the Rates for carrying Articles carried therefrom within the Limits of the special Act:
For regulating the Use of the Weighing Machines provided
For preventing the Sale or Exposure for Sale of unwholesome
Bye Laws may And the Undertakers may from Time to Time, as they shall think fit, repeal or alter any such Bye Laws; provided always, that such Bye Laws shall not be repugnant to the Laws of that Part of the United Kingdom where the same are to have effect, or to the Provisions of this or the special Act, or of any Act incorporated therewith, and such Bye Laws shall be reduced to Writing under the Common Seal of the Undertakers if they be a Body Corporate, or the Hands and Seals of Two of the Undertakers if they be not a Body Corporate, and, if affecting other Persons than the Officers and Servants of the Undertakers, shall be printed and published as herein provided.
Bye Laws may be enforced by Imposition of
XLIII. The Undertakers, by the Bye Laws so to be made by them, may impose such reasonable Penalties as they shall think fit, not exceeding Five Pounds for each Breach of such Bye Laws; provided that every such Bye Law shall be so framed as to allow the Justices or Sheriff before whom any
allowed in the Manner prescribed and ap
Penalty imposed thereby shall be sought to be recovered to order the whole or Part only of such Penalty to be paid. XLIV. No Bye Laws made under the Authority of this or No Bye Laws the special Act (except such as may relate solely to the Officers to come into or Servants of the Undertakers) shall come into operation until the same shall be allowed in the Manner prescribed by the special Act, or, if no Manner be prescribed, until the same shall be allowed by the Justices at Quarter Sessions if the Market or Fair be in England or Ireland, or the Sheriff if the Market or Fair be situate in Scotland, and in either Case approved under the Hand of One of Her Majesty's Principal Secretaries of State; and it shall be incumbent on the Justices at Quarter Sessions, or the Sheriff, as the Case may be, on the Request of the Undertakers, to examine into the Bye Laws which may be tendered to them for that Purpose, and to allow of or disallow the same, as to them may seem meet.
proved by Secretary of State.
to be open for
XLV. Provided always, That no such Bye Law shall be Notice of Alallowed in manner herein mentioned unless Notice of the Inten- lowance of Bye Laws to be tion to apply for an Allowance of the same shall have been given in One or given in One or more Newspapers of the County in which the more News. Market or Fair shall be situated, or if there be no Newspaper papers, &c. in such County, in One or more Newspapers of the adjoining County, One Month at least before the hearing of such Application; and any Party aggrieved by any such Bye Law, on giving Notice of the Nature of his Objection to the Undertakers Ten Days before the hearing of the Application for the Allowance thereof, may, by himself, or his Counsel, Attorney, or Agent, be heard thereon, but not so as to allow more than One Party to be heard upon the same Matter of Objection. XLVI. For One Month at least before any such Application A Copy of profor Allowance of any Bye Law a Copy of such proposed Bye posed Bye Laws Laws shall be kept at the principal Office of the Undertakers, Inspection. and shall be put up in some conspicuous Place in the Market Place or Fair, and all Persons at all reasonable Times may inspect such Copy without Fee or Reward, and the Undertakers shall furnish every Person who shall apply for the same with a Copy thereof or of any Part thereof, on Payment of Sixpence for every One hundred Words so to be copied. XLVII. The said Bye Laws shall be published in the pre- Publication of scribed Manner, and when no Manner of Publication is Bye Laws. scribed they shall be printed, and the Clerk of the Undertakers shall give a printed Copy thereof to every Person applying for the same, without Charge, and a Copy thereof shall be painted or placed on Boards, and put up in some conspicuous Part of the principal Office of the Undertakers, and also in some conspicuous Place in the Market Place or Fair, and such Boards, with the Bye Laws thereon, shall be renewed from Time to Time as Occasion shall require, and shall be open to Inspection without Fee or Reward; and in case the said Clerk shall not permit the same to be inspected at all reasonable Times he shall for every such Offence be liable to a Penalty not exceeding Five Pounds. XLVIII. All
Bye Laws to be binding on all Parties.
Proof of Publication of Bye Laws.
Annual Account to be
made up by the
to the Clerk of the Peace in England or
Ireland, or to the Sheriff
XLVIII. All Bye Laws made and confirmed according to the Provisions of this and the special Act, when so published and put up, shall be binding upon and be observed by all Parties, and shall be a sufficient Warrant for all Persons acting under the same.
XLIX. The Production of a written or printed Copy of the Bye Laws requiring Confirmation by the Court of Quarter Session or the Sheriff, authenticated by the Signature of the Judge or of the Chairman of the Court or the Sheriff who shall have approved of the same, and requiring Approval under the Hand of One of Her Majesty's Principal Secretaries of State, and a written or printed Copy of the Bye Laws not requiring such Confirmation or Approval, authenticated by the Common Seal of the Undertakers if they be a Body Corporate, or under the Hands of the Undertakers, if not incorporated, or any Two of them, shall be Evidence of the Existence and making of such Bye Laws in all Cases of Prosecution under the same, without Proof of the Signature of such Judge, Chairman, or Sheriff, or such Secretary of State, or the Common Seal or Signature of the Undertakers; and with respect to the Proof of the Publication of any such Bye Laws, it shall be sufficient to prove that a painted Board containing a Copy thereof was put up and continued in manner by this Act directed, and in case of its afterwards being displaced or damaged, that such Board was replaced or restored as soon as conveniently might be, unless Proof be adduced by the Party complained against that such painted Board did not contain a Copy of such Bye Laws, or was not duly put up or continued as directed by this Act.
L. And with respect to the Receipts and Expenditure of the Undertakers, be it enacted, That the Undertakers shall in every Year cause an annual Account in abstract to be prepared, showing the whole Receipt and Expenditure of all Rents and other Monies levied by virtue of this or the special Act for the Year ending the Thirty-first Day of December, or some other convenient Day in each Year, under the several distinct Heads of Receipt and Expenditure, with a Statement of the Balance of such Account, duly audited or certified by the Chairman of Clerk in Scot- the Undertakers, and by the Auditors, if any, and shall send land, and to be a Copy of the said Account, free of Charge, to the Clerk of the Peace in England and Ireland, and the Sheriff Clerk in Scotland, of the County in which the Market or Fair is situate, on or before the Expiration of One Month from the Day on .which such Accounts shall end, which Account shall be open to the Inspection of the Public at all seasonable Hours, on Payment of the Sum of One Shilling for every such Inspection; and if the Undertakers omit to prepare or send such Account as aforesaid they shall forfeit for every such Omission the Sum of Twenty Pounds.
open to Inspection.
LI. And with respect to the Tender of Amends, be it enacted, That if any Person shall have committed any Irregularity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act or any Act incorporated therewith, or by virtue
of any Power or Authority thereby given, and if before Action brought in respect thereof such Person make Tender of sufficient Amends to the Person injured, such last-mentioned Person shall not recover in any such Action; and if no such Tender have been made the Defendant may, by Leave of the Court where such Action is pending, at any Time before Issue joined, pay into Court such Sum of Money as he thinks fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court.
Recovery of Damages and
1845, as to Da
with this and
And with respect to the Recovery of Damages not specially provided for, and of Penalties, and to the Determination of any other Matters referred to Justices in England or Ireland, and to the Sheriff or Justices in Scotland, be it enacted as follows: LII. If the Market or Fair be in England or Ireland the Clauses of the Railways Clauses Consolidation Act, 1845, with respect to the Recovery of Damages not specially provided for, and Penalties, and to the Determination of any other Matter mages, &c., to referred to Justices, shall be incorporated with this and the be incorporated special Act; and if the Market or Fair be in Scotland the Clauses the special Act. of the Railways Clauses Consolidation (Scotland) Act, 1845, with respect to the Recovery of Damages not specially provided for, and Penalties, and to the Determination of any other Matter referred to the Sheriff or to Justices, shall be incorporated with this and the special Act; and such Clauses shall apply to the Market or Fair and the Undertakers respectively, and shall be construed as if the Word "Undertakers" had been inserted therein instead of the Word "Company."
be paid to
LIII. Provided always, That in Ireland, in the Case of any In Ireland Part Penalty imposed by Justices, where the Application is not of Penalties to otherwise provided for, such Justices may award not more than Guardians of One Half of such Penalty to the Informer, and shall award Unions. the Remainder to the Guardians of the Poor of the Union within which the Offence shall have been committed, to be applied in aid of the Poor Rates of such Union.
Act to affect th
LIV. And be it enacted, That nothing in this or the special Nothing in this Act shall be deemed to extend to or affect any Act of Par- or the special liament relating to Her Majesty's Duties of Customs or Excise, Rights of the or any other Revenue of the Crown, or to extend to or affect Crown. any Claim of Her Majesty in right of Her Crown, or otherwise howsoever, or any Proceedings at Law or in Equity by or on behalf of Her Majesty, in any Part of the United Kingdom of Great Britain and Ireland.
LV. All Things herein or in the special Act, or any Act incorporated therewith, authorized or required to be done by Two Justices, may and shall be done in England and Ireland by any One Magistrate having by Law Authority to act alone for any Purpose with the Powers of Two or more Justices, and in Scotland by the Sheriff or Steward of any County, Stewartry, or Ward, or his Substitute.
All Things required to be done by Two Justices in England and Ireland may, in be done by One,
and in Scotland by the Sheriff,
LVI. Every &c.
spect of any
Offence committed within
the Metropolitrict to be paid to the Receiver, and applied under
tan Police Dis
2&3 Vict. c. 71.
LVI. Every Penalty or Forfeiture imposed by this or the imposed in re- special Act, or any Act incorporated therewith, or by any Bye Law in pursuance thereof, in respect of any Offence which shall take place within the Metropolitan Police District, shall be recovered, enforced, accounted for, and, except where the Application thereof is otherwise specially provided for, shall be paid to the Receiver of the Metropolitan Police District, and shall be applied in the same Manner as Penalties or Forfeitures, other than Fines upon drunken Persons or upon Constables for Misconduct, or for Assaults upon Police Constables, are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the Third Year of the Reign of Her present Majesty, intituled An Act for regulating the Police Courts in the Metropolis; and every Order or Conviction of any of the Police Magistrates in respect of any such Forfeiture or Penalty shall be subject to the like Appeal and upon the same Terms as is provided in respect of any Order or Conviction of any of the said Police Magistrates by the said last-mentioned Act; and every Magistrate by whom any Order or Conviction shall have been made shall have the same Power of binding over the Witnesses who shall have been examined, and such Witnesses shall be entitled to the same Allowance of Expences, as they would have had or been entitled to in case the Order, Conviction, and Appeal had been made in pursuance of the Provisions of the said last-mentioned Act.
Penalty for giving false Evidence.
Access to special
Copies of special Act to be kept by Undertakers at their
Office, and de-
Clerks of the
and be open to
7 W. 4. &
LVII. Every Person who upon any Examination upon Oath under the Provisions of this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury.
And with respect to Access to the special Act, be it enacted as follows:
LVIII. The Undertakers shall at all Times after the Expi ration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty, or some of them, and shall also within the Space of such Six Months deposit in the Office of the Clerk of the Peace of the County in England or Ireland, and in the Office of the Sheriffs Clerk of the County in Scotland, in which the Undertaking is situate, a Copy of such special Act so printed as aforesaid; and the said Clerk of the Peace and Sheriff Clerk shall receive, and they and the Undertakers respectively shall keep, the said Copies of the special Act, and shall allow all Persons interested therein to inspect the same, and make Extracts or Copies therefrom, in the like Manner and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her Majesty, intituled An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Docu