Appendix c. 34. for, and Penalties, so far as such Provisions may respectively be applicable to the Purposes of this Act, shall be respectively incorporated 14 & 15 Vic. with this Act; and the Expressions in such Provisions applicable to the Company and the Directors shall apply, as regards a Borough, to the Council, and as regards a Parish, to the Commissioners; and all Deeds and Writings which under such Provisions are required or directed to be made or executed under the Common Seal of the Company shall, in the Application of such Provisions to this Act, be deemed to be required or directed to be made or executed, as regards a Borough, under the Common Seal of the Mayor, Aldermen, and Burgesses, and, as regards a Parish, under the Common Seal of the Commissioners; and so much of such Provisions as are applicable to the Secretary of the Company shall apply to the Clerk; and in such of the said Provisions as relate to the Inspection of Accounts, as regards a Borough, the Burgesses, and, as regards a Parish, the Ratepayers, shall have the Privileges of Shareholders. (a.) 9 Vict. c. 18 in this Act. XXXIV. That the Lands Clauses Consolidation Act, 1845, (b.) shall Provisions of 8 & be incorporated with this Act: Provided always, that the Council, the corporated with Board, and the Commissioners respectively shall not purchase or take any Lands otherwise than by Agreement. from Council may ap Consent of the vested in the Mayor, &c. Commissioners may, with Approval of Vestry, &c., appropriate Lands belonging to Parish; XXXV. That in any such Borough the Council, with the Approval In Boroughs the of the Commissioners of Her Majesty's Treasury, may from Time to propriate, with Time appropriate for the Purposes of this Act in the Borough any Treasury, Lands Lands vested in the Mayor, Aldermen, and Burgesses; and in any such District the Board, with the Approval of the General Board of Health, may from Time to Time appropriate for the Purposes of this Act in the District any Lands vested in the Board or at the Disposal of the Board; and in any such Parish the Commissioners appointed under In Parishes the this Act, with the Approval of the Vestry and of the Guardians of the Poor of the Parish (if any), and of the Poor Law Board, may Time to Time appropriate for the Purposes of this Act in the Parish any Lands vested in such Guardians, or in the Churchwardens, or in the Churchwardens and Overseers of the Parish, or in any Feoffees, Trustees, or others, for the general Benefit of the Parish; and in any or contract for such Parish the Commissioners, and in any such Borough the Council, and in any such District the Board, may from Time to Time, with the like respective Approval, contract for the purchasing or renting of any Lands necessary for the Purposes of this Act; and the Property therein shall be vested in the Mayor, Aldermen, and Burgesses in the Case of a Borough, or in the Board in the Case of a District, or in the Commissioners in the Case of a Parish. (a.) See notes (a.) and (b.) to pages 205 & 206, app., ante. (b.) See this Act, post app., No. 6. Purchase of the same. Appendix Councils and XXXVI. That the Council and Board and Commissioners respec 14 & 15 Vic. tively may from Time to Time, on any Lands so appropriated, purc. 34. chased, or rented, or contracted so to be, respectively, erect any Buildings suitable for Lodging Houses for the Labouring Classes, and convert any Buildings into Lodging Houses for the Labouring Classes, and may from Time to Time alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite Furniture, Fittings, and Conveniences. may erect Lodging Houses. Councils and Contracts for the Act. No Contract above £100 to be entered into without Notice. Council or Commissioners may ing Lodging Houses. XXXVII. That the Council and Board and Commissioners respectively may from Time to Time enter into any Contract with any Persons or Companies for building and making, and for altering, enlarging, repairing, and improving, such Lodging Houses, and for supplying the same respectively with Water, and for lighting the same respectively, and for fitting up the same respectively, and for furnishing any Materials and Things, and for executing and doing any other Works and Things necessary for the Purpose of this Act, which Contracts respectively shall specify the several Works and Things to be executed, furnished, and done, and the Prices to be paid for the same, and the Times when the Works and Things are to be executed, furnished, and done, and the Penalties to be suffered in Cases of Nonperformance; and all such Contracts, or true Copies thereof, shall be entered in the Books to be kept for that Purpose: Provided always, that a Contract above the Value or Sum of One hundred Pounds shall not be entered into by the Council or the Board or the Commissioners for the Purposes of this Act unless previous to the making thereof Fourteen Days Notice shall be given in One or more of the public Newspapers published in the County in which the Borough or District or Parish shall be situated, expressing the Intention of entering into such Contract, in order that any Person willing to undertake the same may make Proposals for that Purpose, to be offered to the Council or Board or Commissioners at a certain Time and Place in such Notice to be mentioned; but it shall not be incumbent on the Council or Board or Commissioners to accept any of the Proposals so offered. XXXVIII. That the Council of any such Borough, and the Board purchase exist of any such District, and the Commissioners, with such respective Approval as is by this Act required with respect to the purchasing or renting in any other Case of any Lands necessary for the Purposes of this Act, may, if they shall think fit, contract for the Purchase or Lease of any Lodging Houses for the Labouring Classes already or hereafter to be built and provided in any such Borough or District or Parish, and appropriate the same to the Purposes of this Act, with such Additions or Alterations as they shall respectively deem necessary; and the Trustees of any Lodging Houses for the Labouring Classes which have been already or may hereafter be provided in any No. 2. 14& 15 Vic. c. 34. such Borough or District or Parish, by private Subscriptions or other- Appendix wise, may, with the Consent of the Council of any such Borough, or with the Consent of the Board of any such District, or with the Consent of the Commissioners, and with the like respective Approval, and with the Consent of a Majority of the Committee or other Persons by whom they were appointed Trustees, sell or lease the said Lodging Houses to the said Council or Board or Commissioners respectively, or make over to them the Management of such Lodging Houses; and in all such Cases the Lodging Houses so purchased or leased, or of which the Management has been so made over, shall be deemed to be within the Provisions of this Act, as fully as if they had been built or provided by the Council or Board or Commissioners, and the Property therein shall be vested in the Mayor, Aldermen, and Burgesses in the Case of a Borough, or in the Board in the Case of a District, or in the Commissioners in the Case of a Parish. XXXIX. That any Commissioners of Waterworks, Trustees of Waterworks, Water Companies, Gas Companies, and other Corporations, Bodies, and Persons having the Management of any Waterworks, Reservoirs, Wells, Springs, and Streams of Water, and Gasworks respectively, may, in their Discretion, grant and furnish Supplies of Water or Gas for such Lodging Houses, either without Charge or on such other favourable Terms as they shall think fit. Power to Water panies to supply and Gas Com Water and Gas to Lodging Houses. Commissioners ally liable. XL. That anything in this Act contained shall not render any Councillors and Member of the Council of any Borough, or any Member of any such not to be personBoard, or any Commissioner, personally, or any of their Lands, Goods, Chattels, or Monies, (other than such Lands, Goods, Chattels, or Monies as may be vested in or under the Management or Control of the Council or Board or Commissioners respectively in pursuance of this Act,) liable to the Payment of any Sum of Money as or by way of Compensation or Satisfaction for or in respect of anything done or suffered in due pursuance of this Act. peal against Or and Commissioners. XLI. That every Person who shall feel aggrieved by any Byelaw, Persons may apOrder, Direction, or Appointment of or by the Council or Board or ders of Councils Commissioners shall have the like Power of Appeal to the General Quarter Sessions as under the Provisions (a.) of the Companies Clauses Consolidation Act, 1845, incorporated with this Act, he might have, if feeling aggrieved by any Determination of any Justice with respect to any Penalty. powered to XLII. That the Council, with the Approval of the Commissioners of Council, &c. emof Her Majesty's Treasury, and the Board, with the Approval of the make sale and General Board of Health, and the Commissioners appointed under this (a.) See these provisions, post, appendix, No. 5. Lands, Appendix 14 & 15 Vic. c. 34. When Lodging Houses are considered too expensive, they proval of Trea sury, be sold, and Proceeds of Sale carried to Borough Fund Act, with the Approval of the Vestry and of the Commissioners of Her Majesty's Treasury respectively, may from Time to Time make sale and dispose of any Lands vested in the Mayor, Aldermen, and Burgesses, or in the Board, or in the Commissioners, respectively, for the Purposes of this Act, and apply the Proceeds, or a sufficient Part thereof, in or towards the Purchase of other Lands better adapted for such Purposes, and may, with the like Approval, exchange any Lands so vested, and either with or without paying or receiving any Money for Equality of Exchange, for any other Lands better adapted for such Purposes, and the Mayor, Aldermen, and Burgesses, or the Board, or the Commissioners, may convey the Lands so sold or exchanged accordingly. XLIII. That whenever any Lodging Houses which shall have been for Seven Years or upwards established under the Authority of this my, with Ap- Act shall be determined by the Council, or by the Board, or by the Vestry, in accordance with a previous Recommendation of the Commissioners, to be unnecessary or too expensive to be kept up, the Counor Poor's Rate. cil or Commissioners, with the Approval of the Commissioners of Her Majesty's Treasury, or the Board with the Approval of the General Board of Health, may sell the same for the best Price that can reasonably be obtained for the same, and the Mayor, Aldermen, and Burgesses, or the Board, or the Commissioners, shall convey the same accordingly, and the Purchase Money shall be paid to such Person as the Council or Board or Commissioners shall appoint, and his Receipt shall be a sufficient Discharge for the same, and the net Proceeds of such Sale shall be applied in the first instance in or towards Payment or Satisfaction of all the Debts, Liabilities, and Engagements whatsoever, with respect to the Purposes of this Act, of the Council, the Board, or the Commissioners, and the Surplus, if any, of such net Proceeds paid to the Credit of the Borough Fund, or of the General District Rate, or of the Improvement Rate, or of the Rate for the Relief of the Poor of the Parish. Commissioners to cease to be a Corporation when their Du XLIV. Provided always, That whenever by reason of the Sale of all the Lodging Houses provided under this Act for a Parish, and the ties have ceased. Application as by this Act required of the net Proceeds of such Sale, and the Performance of all other the Duties under this Act of the Commissioners for the Parish, or by any other Reason, it becomes needless for the Commissioners for a Parish to continue to be a Corporation, such Commissioners shall thereupon cease to be a Corporation, and their Office as Commissioners for the Parish shall thereupon cease, and this Act shall thereupon cease to be in force in the Parish, but nevertheless this Act may thereafter be adopted for the Parish. Management to be vested in Council and Parish Commissioners. XLV. That the general Management, Regulation, and Control of the Lodging Houses established under this Act shall, subject to the Provisions of this Act, be, as to any Borough, vested in and exercised by the Council, and as to any District vested in and exercised by the Board, and as to any Parish vested in and exercised by the Commissioners. XLVI. That the Byelaws which the Council and Board and Commis- Council, &c. may make Byesioners respectively may from Time to Time make, alter, repeal, and laws for regulating the Lodging enforce shall include such Byelaws for the Management, Use, and Houses. Regulation of the Lodging Houses, and of the Tenants or Occupiers thereof, and for determining from Time to Time the Charges for the Tenancy or Occupation of the Lodging Houses, as the Council and Board and Commissioners respectively shall think fit, and they respectively may appoint any Penalty not exceeding Five Pounds for any and every Breach, whether by their Officers or Servants or by other Persons, of any Byelaw made by them respectively, and such Byelaws shall make sufficient Provision for the several Purposes respectively expressed in the Schedule to this Act: Provided always, that a Bye-Byelaws to be law made under the Authority of this Act shall not be of any legal Secretary of Force until the same shall have received the Approval of One of Her Majesty's Principal Secretaries of State. approved by the State. hung up in XLVII. That a printed Copy or sufficient Abstract of the Byelaws Byelawa to be relating to the Management, Use, and Regulation of the Lodging Houses shall be put up and at all Times kept in every Room therein. every Room in the Lodging Houses. Charges for Occupation, &c. to Councils and XLVIII. That the Council and the Board and the Commissioners respectively may from Time to Time make such reasonable Charges for be fixed by the Tenancy or Occupation of the Lodging Houses provided under this Commissioners. Act as they shall think fit. XLIX. That any Person who, or whose Wife or Husband, at any As to Tenants Time while such Person is a Tenant or Occupier of any such Lodging Houses receiving House or any Part of such a Lodging House, receives any such Relief, other than such Relief granted on account only of Accident or temporary Illness, shall thereupon be disqualified for continuing to be such a Tenant or Occupier. of Lodging Parochial Relief. to be open to In Boards of Health L. That every Lodging House established under this Act which Lodging Houses shall be within the District of a Local Board of Health shall at all pection of Local Times be open to the Inspection of such Board, and the Officers thereof from Time to Time authorized by such Board to make such Inspection. LI. That if any Clerk or other Officer or any Servant who shall be Penalty on in anywise employed by any Council or Board or Commissioners in pursuance of this Act shall exact or accept any Fee or Reward whatsoever for or on account of anything done or forborne, or to be done or forborne, in pursuance of this Act, or on any account whatsoever Contracts. relative to putting this Act into execution, other than such Salaries, Wages, or Allowances as shall have been appointed by the Council or Council, Com- Salaries, or be ing interested in |