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when the Context excludes such Construction, be understood to include and shall be applied to several Persons, Matters, or Things, as well as to one Person, Matter, or Thing, and to Females as well as Males respectively; and that the Words "Justices of the Peace" shall be understood to include and extend to a Justice of the Peace or Magistrate of a County, County of a City, or County of a Town, or of any City or Town Corporate.
V. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c,
An Act for consolidating in One Act certain Provisions usually contained in Acts for paving, draining, cleansing, lighting, and improving Towns.
[21st June 1847.] WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament for paving, draining, cleansing, lighting, and improving Towns and populous Districts, and that as well for avoiding the 'Necessity of repeating such Provisions in each of the several Acts relating to such Towns or Districts as for ensuring '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 the Authority of the same, That this Act shall extend only to such Extent of Act. Towns or Districts in England or Ireland as shall be comprised in 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 by any such Act, shall apply to the Town or District which shall be comprised in such Act, and to the Commissioners appointed for improving and regulating the same, so far as such Clauses shall be applicable thereto respectively, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act, whether Interpretations incorporated in whole or in part with any other Act, and of any in this Act: Act incorporated therewith, be it enacted as follows:
II. The Expression "the special Act" used in this Act shall "the special be construed to mean any Act which shall be hereafter passed Act:" 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; and
the Word "prescribed " used in this Act, in reference to any "prescribed :" Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act,
A a 4
10 & 11 VICT. Act, and the Sentence in which such Word shall occur shall be construed as if, instead of the Word "prescribed," the Expression "prescribed for that Purpose in the special Act" had been "the Commis- used; and the Expression "the Commissioners" shall mean the Commissioners, Trustees, or other Persons or Body Corporate intrusted by the special Act with Powers for executing the Purposes thereof.
III. The following Words and Expressions, in both this and in this and the the special Act, and any Act incorporated therewith, 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,)
"Month:" "Superior Courts:"
Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number:
Words importing the Masculine Gender shall include Females: The Word "Person" shall include a Corporation, whether aggregate or sole:
The Word "Lands" shall include Messuages, Lands, Tenements, and Hereditaments of any Tenure:
The Word "Street" shall extend to and include any Road,
The Word "Month" shall mean Calendar Month:
The Word "Oath" shall include Affirmation in the Case of
The Word "Justice " shall mean Justice of the Peace acting
The Expression "Quarter Sessions" shall mean Quarter Ses-
done, or any Rate to be paid, under this or the special Act,
The Word "Cattle" shall include Horses, Asses, Mules, "Cattle."
And with respect to citing this Act, or any Part thereof, be Citing the Act. it enacted as follows:
IV. In citing this Act in other Acts of Parliament, and in Short Title of legal Instruments, it shall be enough to use the Expression this Act. "The Towns Improvement Clauses Act, 1847.”
V. 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 Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the Officers to be appointed by the Commissioners or under any General Town Improvement Act, be it enacted as follows:
Form in which
Act may be incorporated with other Acts.
VI. When by this or the special Act any Matter is required Until an Into be submitted to, or to be done with the Approval of, the spector is apInspector, such Inspector shall be understood to mean an In- pointed under some general spector appointed under any general Act passed in this or any Act, Execution future Session of Parliament authorizing the Appointment of of Works may Inspectors for inspecting or superintending Works connected with without with paving, draining, or improving Towns or populous Dis- his Approval. tricts; and until such an Officer is appointed under any such general Act, the Commissioners, unless it be otherwise provided by the special Act, may proceed in the Execution of this and the special Act without the Approval of such Officer, and as if no such Officer had been mentioned in this or the special Act.
ject to Ap
VII. The Commissioners shall appoint, subject to the pre- Commissioners scribed Approval, or, where no Approval is prescribed, subject to appoint, subto Approval by One of Her Majesty's Principal Secretaries of proval, a SurState, a Person, duly qualified, to act as a local Surveyor of the veyor. Paving, Drainage, and other Works authorized under the Provisions of this and the special Act, and of any Act to be incorporated therewith, and, with the like Approval, shall fix the Salary to be paid to such Surveyor, and shall pay such Salary out of the Rates levied under this or the special Act; and if any such Surveyor die, resign, or be removed, the Commissioners shall, with the like Approval, appoint another Person, so duly qualified, in the Room of the Surveyor so dying, resigning, or
Surveyor, before entering upon Office, to make the following Declaration.
be same Person.
Offices for Sur
veyor and Inspector.
removed; and the Commissioners, with the like Approval, may remove any such Surveyor.
VIII. Every such Surveyor upon his Appointment, and before he enters upon the Duties of his Office, shall make and subscribe before the Chairman of the Commissioners a Declaration to the Effect following; (that is to say,)
:I A. B., the Surveyor of the Town [or District] of [here name
the Town or District] under the [here name the special Act], 'do declare, That I will diligently, faithfully, and impartially perform the Duties of my Office, and to the utmost of my Power, Skill, and Ability endeavour to cause the several Pro'visions of the said Act, and of the Towns Improvement Clauses Act, 1847, to be strictly observed, and that without Favour or Affection, Prejudice or Malice, to any Person whomsoever." IX. The Commissioners shall appoint some Person, by the Title of "Inspector of Nuisances," to superintend and enforce the due Execution of all Duties to be performed by the Scavengers appointed under this or the special Act, and to report to the Commissioners any Breach of the Provisions of this or the special Act, or of any Act incorporated therewith, or of the Bye Laws, Rules, and Regulations of the Commissioners, and the Existence of any Nuisances within the Limits of the special Act; and the Commissioners shall duly publish the Name of any Inspector of Nuisances appointed by them, and shall require him to provide and keep a Book in which shall be entered all reasonable Complaints made by any Householder of the District within the Limits of the special Act of any Breach of the Provisions of this or the special Act, or of any Act incorporated therewith, or of the Bye Laws, Rules, and Regulations made by the Commissioners for the Preservation of due Order and Cleanliness or for the Suppression of Nuisances; and the Inspector of Nuisances shall forthwith inquire into the Truth of such Complaints, and report upon the same to the Commissioners at their next Meeting; and such Report and the Order of the Commissioners thereon shall be entered in the said Book, which shall be kept at the Office of the Commissioners, and shall be open at all reasonable Times to the Inspection of any Inhabitant of the said District or other Person interested; and it shall be the Duty of such Inspector of Nuisances, subject to the Direction of the Commissioners, to make Complaints before Justices, and take legal Proceedings for the Punishment of any Person who has committed any Offence under this or the special Act, or under any Bye Laws made by virtue thereof.
X. The Commissioners may, if they think fit, appoint the same Person to be both Surveyor and Inspector of Nuisances.
XI. The Commissioners shall provide Offices for the Use of the said Surveyor and Inspector in some convenient Place within the Limits of the special Act, either in connexion with their own Office or otherwise, as may be most convenient, and shall cause due Notice thereof to be given twice at the least in some Newspaper circulating within the said Limits.
XII. The Commissioners may, if they think fit, appoint, Power to apsubject to the prescribed Approval, or where no Approval is point, subject prescribed, subject to the Approval of One of Her Majesty's to Approval, an Officer of Principal Secretaries of State, a Person of competent Skill and Experience, who shall be styled "The Officer of Health," whose Duty it shall be to ascertain the Existence of Diseases within the Limits of the special Act, especially Epidemics and contagious Diseases, and to point out any Nuisances or other local Causes likely to cause and continue such Diseases, or otherwise injure the Health of the Inhabitants, and to point out the best Means for checking or preventing the Spread of such Diseases within the Limits aforesaid, and also the best Means for the Ventilation of Churches, Chapels, Schools, registered Lodging Houses, and other public Buildings within the Limits aforesaid, and from Time to Time as required by the Commissioners to report to them upon the Matters aforesaid, and to perform any other Duties of a like Nature which may be required of him; and the Commissioners, with the same Approval which is necessary for the Appointment of the Officer of Health, shall fix the Salary to be paid to such Officer, and shall pay such Salary out of the Rates to be levied under this or the special Act; and the Commissioners, with the like Approval, may discontinue such Office, or remove any such Officer of Health.
to cause a Map within the Limits of the special Act to
of the District
be made, and
And with respect to Plans of the District within the Limits of the special Act, and of the Works to be executed under the Powers of this and the special Act, be it enacted as follows: XIII. The Commissioners shall, as soon conveniently may be Commissioners after the passing of the special Act, procure or cause to be made a Survey and Map of the District within the Limits of the special Act on a Scale of not less than Sixty Inches to a Mile, and shall cause to be marked thereon the Course of all the existing Sewers and Drains belonging to them or under to be open to their Care or Management, and, as far as can be ascertained, Inspection. the Lines of Pipes or Conduits for the Collection and Distribution of Water, the Course of the Pipes for the Distribution of Gas, and such other Works, with such other Particulars as may be necessary in order to show the under-ground Works within the said District, and shall cause the said Map to be from Time to Time corrected, and such Additions to be made thereto as may show the Sewers and Drains for the Time being belonging to the Commissioners, and such other Pipes and under-ground Works as aforesaid; and such Map and Plan, or a Copy thereof, with the Date expressed thereon of the last Time when it was so corrected, shall be kept in the Office of the Commissioners, and shall be open at all seasonable Hours to the Inspection of the Owners or Occupiers of any Lands within such District.
XIV. The principal Officers of Her Majesty's Ordnance may, Ordnance may if they think fit, on the Application of the Commissioners, and furnish Comat their Expence, furnish for the Use of the said Commissioners Maps, or cause One or more Copies of any Map of such District, or any Part Surveys to be thereof, which shall have been made under the Direction of made.