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This Act not to

Sections. CXLVII. And be it enacted, That every Person who upon any Ex

133. 134.) amination on Oath under the Provisions of this Act shall wilfully False Evidenco and corruptly give false Evidence shall be liable to the Penalties punishable as

Perjury. inflicted upon Persons guilty of wilful and corrupt Perjury. CXXXIII. And be it enacted, That nothing in this Act con

prejudice the tained shall extend or be construed to extend to prejudice, lessen, Lord of the or defeat any Right, Interest, Property, Power, Privilege, Fran- Manor. chise, or Authority of the Lord of the Manor of Cheltenham aforesaid, or Owner of the Fairs and Markets within the said Town, except as expressly appears by this Act, but all and every such Rights, Interest, Property, Powers, Privileges, Franchises, and Authorities may be exercised and enjoyed, in as full and ample Manner, to all Intents and Purposes, as the same were exercised and enjoyed before the passing of this Act.

CXXXIV. And be it enacted, That the Power of making Compeeriting into Compensation for Damages herein-before contained shall extend the Brooks. to authorize the Commissioners to give full Compensation to the Owners and Occupiers of any Lands, whether situate in the Borough or elsewhere, for any Damage or Injury sustained by them respectively by reason of the Sewers or Drains in the Borough which now open into either of the said Brooks continuing so to discharge their contents thereinto, until the Main Sewers and Tanks authorized to be made by this Act shall be completed : Provided always, that if the Commissioners shall refuse or neglect Power to try to admit the Claim of any such Owner or Occupier to Compen- kight. sation for any Damage or Injury alleged to be sustained by him from the Cause aforesaid, and such Owner or Occupier shall bring or institute any Action or Proceeding to try the Question of such his Right against any Person whom he shall deem liable in Law to answer in Damages for any such alleged Injury thereto, the Commissioners may, if they shall so think fit, at the Request of the Person against whom any such Action or Proceeding shall be brought or instituted, defend the same in his Name, or compromise, adjust by Arbitration, or otherwise settle any such Action or Proceeding, upon such Terms and in such Manner as they may think reasonable ; and any Sum or Sums of Money which

Expenses to be the Commissioners shall disburse or incur in or about the Pay- levied on Disment of any such Compensation, or the Trial or Settlement of any such Claim, and all Damages, Costs, Charges, and Expenses incident thereto respectively, shall be defrayed by means of a Rate or Rates in nature of a District Rate to be from Time to Time levied by the Commissioners upon the Owners and Oc

tricts.

(Sections. 135. 136.) cupiers of Houses and Premises contributing to the Sewerage

or Drainage by which the Injury or Damage or alleged Injury or Damage is occasioned as aforesaid, or such of them as in the Judgment of the Commissioners would be liable in Law to answer for the same.

Sections 154 and CXXXV. And be it enacted, That the Section numbered 154 155 of 10 & 11 Vict. c. 34 ini

of “The Towns Improvement Clauses Act, 1847,” shall be incorcorporated with this Act.

porated herewith:

Respecting ex- CLIV. Nothing herein or in the special Act contained shall extend isting Contracts for Building to avoid any Agreement in Writing entered into before the pas

sing of the special Act for erecting or altering any Building, but the same shall be performed with such Alterations as may be rendered necessary by this or the special Act, and as if such Alterations had been stipulated for in such Agreement; and the Difference between the Cost of the Work according to the Agreement and the Cost of such Work as executed according to the Provisions of this and the special Act shall be ascertained by the Parties to the respective Agreements, and paid for or deducted as the Case may require ; and if the said Parties do not agree upon the Amount of such Difference, the same shall, on the Request of either Party (Notice being given to the other), be decided by the Surveyor to the Commissioners, and for his Trouble in making such Decision each of the said Parties shall pay to the said Surveyor such Sum not exceeding One Pound, and to be disposed of for such Purposes

of the special Act, as the Commissioners shall direct.

Also the Section numbered 155 of the same Act. Respecting

CLV. Nothing herein or in the special Act contained shall affect building con

any Lease or Agreement for a Lease whereby any Person may be tracts in leases.

bound to erect Buildings upon any Building Ground within the Limits of the special Act, but the Buildings mentioned in such Lease or Agreement shall be built according to the Conditions which may be rendered necessary by this or the special Act, in the same Manner as if this and the special Act had been passed and in operation at the Time of making such Lease or Agreement, and the same had been made subject thereto, and that without

either Party being entitled to any Compensation. Expenses of Act.

CXXXVI. And be it enacted, That all the Expenses of obtaining (a.) this Act and incident thereto shall be paid by the Commissioners, and shall be charged to the Borough Rate.

(a.) By Section 7 of the 13 and 14 Vic. c. 21, it is enacted—"That every Act made after the Commencement of this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such, unless the contrary be expressly provided and declared by such Act."

Schedule A.

The SCHEDULES to which the foregoing Act refers.

SCHEDULE A. (a.)

WARDS IN THE BOROUGH, AND NAMES OF FIRST COMMISSIONERS. Wards and

Names of first
Commissioners,

1. East Ward

East Ward.

Is included within the following Boundaries; that is to say, bounded on the South by a Line running from the Point where Pittville Street meets High Street ; Eastward along High Street to the Boundary of the said Parish ; bounded on the West by a Line running from the Point where Pittville Street meets High Street ; Northward along Pittville Street, thence along Portland Street, and thence along the Cleeve and Evesham Road to the Boundary of the said Parish ; and further by a Line running along the Boundary of the Parish from the Eastern Extremity of the above defined Southern Boundary Line to the Northern Extremity of the above defined Western Boundary Line.

FIRST COMMISSIONERS :---Charles Lloyd Harford, Stephen Edward Comyn, Thomas Sheldon, James Humphris (Builder), William Hollis (Gunsmith), and William Buckle.

2. North Ward.

North Ward.

Is included within the following Boundaries; that is to say, bounded on the South by a Line running from the Point where Pittville Street meets High Street; Westward along High Street, and thence along the Tewkesbury Road to the Boundary of the said Parish ; and bounded on the East by the Western Boundary Line of the East Ward ; and further bounded by a Line running along the Boundary of the said Parish from the Western Extremity of the above defined Southern Boundary Line to the Northern Extremity of the above defined Eastern Boundary Line.

FIRST COMMISSIONERS.----John Brend Winterbotham, John Yearsley, Samuel Shedden, George James Engall, James Leighton, and Richard Hulbert.

(a.) See section 6 page 7 ante.

(Schedule A.)

3. West Ward

West Ward.

Is included within the following Boundaries; that is to say, bounded on the North by a Line running from the Point where Saint George's Place meets High Street ; Westward along High Street, thence along the Tewkesbury Road to the Boundary of the Parish ; and bounded on the East by a Line running from a Point where Saint George's Place meets High Street ; Southward along Saint George's Place, thence along Saint George's Parade, thence along Bays Hill Road to the Point where that Road meets Queen's Parade to the Point where the same meets Old Well Lane; thence Northward along Old Well Lane to the Point where the same meets Lansdown or New Gloucester Road; thence South-westward along the Lansdown or New Gloucester Road, thence along Old Gloucester Road to the Boundary of the said Parish ; and further bounded by a Line running along the Boundary of the said Parish from the Western Extremity of the above defined Northern Boundary Line to the South-western Extremity of the above defined Eastern Boundary Line.

FIRST COMMISSIONERS --- William Nash Skillicorne, James Agg Gardner, James Fallon, Robert Burland Hudleston, John Bubb (Solicitor), and George Rowe.

Middle Ward

4. Middle Ward

Is included within the following Boundaries; that is to say, bounded on the North by a Line running from the Point where Rodney Terrace meets High Street, Westward along High Street to the Point where the same meets Saint George's Place; and bounded on the West by the Eastern Boundary Line of the West Ward; and bounded on the East by a Line running from the Point where Rodney Terrace meets High Street, Southward along Rodney Terrace; thence along Trafalgar Lane to the Point where Trafalgar Lane meets Montpellier Spa Buildings Road; thence Eastward along Montpellier Spa Buildings Road to the Point where the same meets Montpellier Parade; thence Southward along Montpellier Parade to the Point where the same meets Montpellier Terrace; thence Westward along Montpellier Terrace to the Point where the same meets Suffolk Parade; thence Southward along Suffolk Parade; thence along Great Norwood Street to the Boundary of the Parish ; and further bounded by a Line running along the Boundary of the said Parish from the

í

Schedules South-western Extremity of the defined Western Boundary Line A. and B.) to the Southern Extremity of the above defined Eastern Bound

ary Line.

FIRST COMMISSIONERS :—William Henry Henney, Edward Warner Shewell, William Ridler, William Hasell, Henry Davies, and James Webster of Hatherly Court.

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Is included within the following Boundaries; that is to say, bounded on the North by a Line running from the Point where Rodney Terrace meets High Street, Eastward along High Street to the Boundary of the said Parish ; and bounded on the West by the Eastern Boundary Line of the Middle Ward; and further bounded by a Line running along the Boundary of the said Parish from the Western Extremity of the above defined Northern Boundary Line to the Southern Extremity of the above defined Western Boundary Line.

FIRST COMMISSIONERS : -Robert Sole Lingwood, Baynham Jones (junior), John Beckinsale, George Schonswar (junior), Frederick Monro, and Charles Paul.

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Referred to in Section 12 of this Act is that in Schedule A. to
Commissioners Clauses Act, 1847.

No. II.

No. 2.

Appointment of Proxy. (6.)

Appointment
of Proxy.

Cheltenham Improvement Act, 1852.
Borough of Cheltenham

Ward.

(a.) This form follows section 23 of the Commissioners Clauses Act, ante, section 10 page 12 and referred to section 12, ante, page 15.

(6.) See section 12, ante, page 16.

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