c. 40, s. 4. 26 & 27 Vict. the passages and staircase leading thereto, shall either be painted with oil or be limewashed, or partly painted and partly limewashed: where painted with oil there shall be three coats of paint, and the painting shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every six months: where limewashed the limewashing shall be renewed once at least in every six months. Ib. Ib. Ib. As to sleeping places near bakehouses. Ib. s. 5. Power to local authority to enforce provisions of this Act. Ib. s. 6. Every bakehouse, wherever situate, shall be kept in a cleanly state, and shall be provided with proper means for effectual ventilation, and be free from effluvia arising from any drain, privy, or other nuisance. If the occupier of any bakehouse fails herein he shall be deemed to be guilty of an offence against the Act, and be subject in respect of such offence to a penalty not exceed ing £5. The Court having jurisdiction under the Act may, in addition to or instead of inflicting any penalty in respect of an offence under section 4 of the Act, make an order directing that within a certain time, to be named in such order, certain means are to be adopted by the occupier for the purpose of bringing his bakehouse into conformity with that section; the Court may upon application enlarge any time appointed for the adoption of the means directed by the order, but any non-compliance with the order of the Court shall, after the expiration of the time as originally limited, or enlarged by subsequent order, be deemed to be a continuing offence, and to be punishable by a penalty not exceeding £1 for every day that such non-compliance continues. No place on the same level with a bakehouse situate in any city, town, or place containing, according to the last census, a population of more than five thousand persons, and forming part of the same building, shall be used as a sleeping place, unless it is constructed as follows; that is to say: Unless it is effectually separated from the bakehouse by a partition extending from the floor to the ceiling. Unless there be an external glazed window of at least nine superficial feet in area, of which at the least four and a half superficial feet are made to open for ventilation. And any person who lets, occupies, or continues to let, or knowingly suffers to be occupied, any place contrary to the Act, shall be liable for the first offence to a penalty not exceed ing 20s., and for every subsequent offence to a penalty not exceeding £5. It shall be the duty of the local authority to enforce within their district the provisions of the Act, and in order to facilitate the enforcement thereof, any officer of health, inspector of nuisances, or other officer appointed by the local authority, hereinbefore referred to as the inspector, may enter into any bakehouse at all times during the hours of baking, and may inspect the same, and examine whether it is or not in conformity with the provisions of the Act. Any person refusing admission to the inspector, or obstructing him in his examination, shall for each offence incur a penalty not exceeding £20; and it shall be lawful for any inspector who is refused admission to any bakehouse to apply to any justice for a warrant authorizing him, accompanied by a police constable, to enter into any such bakehouse for the purpose of examining the same and to enter the same accordingly. local All expenses incurred by any local authority in pursuance of As to exthe provisions of the Act may be paid out of any rate leviable penses of by them, and applicable to the payment of the expenses incurred by the local authority under the Nuisances Removal Act, and the authority may levy such rate accordingly. authority acting under this Act. Recovery of penalties. of certain All penalties under the Act may be recovered summarily 26 & 27 Vict. before two or more justices; as to England, in manner directed C. 40, s. 7. by 11 & 12 Vict. c. 43, or any Act amending the same. Any act, power, or jurisdiction authorized by the Act to be Ib. s. 8. done or exercised by two justices, may be done or exercised by Jurisdiction the following magistrates within their respective jurisdictions; magistrates. that is to say, as to England, by any metropolitan police Ib. s. 9. magistrate or other stipendiary magistrate sitting alone at a police court or other appointed place, or by the lord mayor of the city of London, or any alderman of the said city sitting alone or with others at the Mansion House or Guildhall. CHAPTER XXVI. Local Board to make bye law as to salary when Crown may appoint a justice. 26 & 27 Vict. c. 97, s. 3. STIPENDIARY MAGISTRATES. THE STIPENDIARY MAGISTRATES ACT, 26 & 27 Vict. c. 97, enabling cities, towns, and places (not municipal corporations) of twenty-five thousand inhabitants and upwards to appoint stipendiary magistrates, appointed under the Public Health, Local Government, or Local Improvement Acts, enacts that if any Local Board of any city or place shall, by a majority of not less than two-thirds of the number of such Board, think it expedient that a stipendiary magistrate should be appointed to execute the office of a justice of the peace within the district, the Local Board is empowered, by a like majority, to make a bye-law or minute fixing the amount of the salary which he is to receive in that behalf, subject to the approval of one of Her Majesty's principal Secretaries of State. Such bye-law or minute shall be transmitted to one of Her Majesty's principal Secretaries of State, and it shall be lawful thereupon for Her Majesty, if she shall think fit, to appoint a fit person, being a barrister-at-law of not less than five years' standing, to be, during Her Majesty's pleasure, police magistrate and a justice of the peace for such city or place, and to order that such sum shall be paid quarterly out of the local improvement rate of such city or place as will be sufficient to pay such yearly salary to the justice so assigned, not exceeding in the whole the salary mentioned in the bye-law or minute so approved, clear of all fees or deductions, as to Her Majesty shall seem fit. The treasurer of the Local Board shall pay to the justice so assigned, out of the local improvement rates, the salary so directed to be paid, by four equal quarterly payments, and in the same proportion up to the time of the death of such justice, or his ceasing to act under such assignment: Provided that in every case of vacancy of the office of police magistrate in any such city or place no new appointment of police magistrate shall be made until the Local Board, in manner before referred to, shall again make application to one of Her Majesty's principal Secretaries of State in that behalf, and as in the case of the first appointment of a police magistrate in the city or place. Any stipendiary magistrate or police magistrate, with the approval of the Home Secretary, may appoint a deputy, who shall have practised as a barrister for at least seven years, to act for him for any time not exceeding six weeks in any consecutive period of twelve calendar months, and in case of Appointment mishap or unavoidable absence, such magistrate, with the of temporary same approval on each occasion of the power being exercised, deputy. may appoint a deputy so qualified for any period not exceeding c. 34, s. 1. three calendar months at one time. 32 & 33 Vict. The Local Board are authorized and required to provide and Local Board furnish a fit and suitable office, to be called the police-office of to provide the city or place, for the purpose of transacting the business and furnish a of the justices of the city or place, and to pay from time to 26 & 27 Vict. time, out of the local improvement rates, such sums as may be c. 97, s. 4. necessary for providing, upholding, and furnishing, and for the necessary expenses of such police-office, provided that no room in any house licensed as a victualling house or alehouse shall be used for the purposes of any such police-office. an attorney Such magistrate is here required to appoint one fit and proper Magistrate to person, being an attorney-at-law, in actual practice, as a clerk, appoint a to be removable at his pleasure, and as often as there shall be clerk, being a vacancy in the office of clerk to the magistrate by death, re- at-law. signation, removal, or otherwise. Such clerk shall attend lb. s. 6. (except when prevented by illness or some other sufficient cause, to be allowed by the magistrate, who shall appoint a temporary deputy) at all official meetings, and do all such work and transact all such business as is usually done and transacted by justices' clerks; and he and his successors shall be paid such yearly salary as the Local Board shall appoint, subject to an appeal to the Secretary of State, who is empowered finally to determine the amount of the salary, for his time, trouble, attendance, and expenses in the execution of his office, by the Local Board, in four quarterly payments, as directed with reference to the payment of the salary of the magistrate; but he shall not be concerned, either by himself or partner, in any When dismatter before the said magistrate, or arising out of or conse- qualified quent thereupon in any other court, on pain of dismissal. He from acting shall receive and take all such fees as are authorized to be taken As to fees by the clerks to the justices acting for the county within which to be taken. the city or place is locally situate: Provided that a copy of the Ib. table of fees shall be affixed in the public office of every magistrate appointed under the Act, who may remit any fees, in Power to part or in whole, for reasonable cause, and award such costs as remit fees to him shall seem meet to be paid to or by either of the parties costs. to any charge or complaint, whether or not a warrant or sum- Ib. mons shall have issued. as attorney. and award treasurer. Ib. s. 7. The clerk shall pay over all fees to the treasurer of the Clerk to pay Local Board once every quarter of a year, and shall keep ac- over fees to counts of them in writing, and shall at the same time render to the Local Board an account thereof. All such fees, together with all the fines, penalties, and forfeitures hereinafter referred to, shall be carried by the treasurer to the credit of the local improvement rate: Provided that it shall be lawful for the Local Board, if it should become necessary so to do, from time Power to to time to make a rate or assessment, not exceeding one penny Local Board in the pound in any one year, upon all property rateable to to make rates for payment of magistrates, etc. 26 & 27 Vict. c. 97, s. 7. Application the improvement rate within the city or place for the purpose of raising as much money as, together with the fees, fines, penalties, and forfeitures, shall be sufficient to pay the salaries of the magistrate and his clerk, the rent and all other expenses of the offices, and of law or other books, printing, and stationery, and of all other charges and expenses connected with or incidental to the duties of the magistrate or his clerk, such rate or assessment to be made, levied, and enforced either with and as part of such improvement rate, or to be separately assessed, levied, and enforced, and with the same powers and in the same manner as the improvement rate. All fines, penalties and forfeitures imposed by such magistrate, save and except those made payable to the informer who shall sue for the same, or any party aggrieved, and those recoverable under any Act relating to the customs, excise, or post-office, or to trade or navigation, or any branch of Her Majesty's revenue, shall be recovered for and adjudged to be paid to the treasurer of the As to Local Board, and shall be by him carried to the credit of the penalties improvement rate, and be applied as part thereof: Provided appropriated that, if under any Local Watch Act such fines, penalties, and forfeitures shall have been already appropriated, the same shall be applied as directed by such Local Act. of fines and under Local Acts. Ib. Interpreta Ib. s. 2. In the construction of the Act the words "city" or "place" tion of terms. shall mean any city or place, not a municipal corporation, wherein the Public Health Act, Local Government Act, or Local Improvement Act, is or shall be in operation, and shall comprise the whole area to which the Public Health Act, Local Government Act, or Local Improvement Act shall extend, provided there is a population within such area of twenty-five thousand persons; and provided such place is not included in any district for which a stipendiary magistrate is acting by virtue of any Act of Parliament. The expression "Local Board" shall mean the board appointed under any such Acts. The word "county" shall mean county, riding, parts, liberty, or division. The word "jurisdiction" shall include the entire area of a city or place to which any of such Acts extend. This Act shall not extend to the City of London, or to any city or place which is now incorporated or shall be incorporated under the provisions of the Municipal Corporations Act, 5 & 6 Will. IV. c 76, |