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Recited Act 1 & 2 G. 4.
under 26 G. . , G.
& G. c. still Evidence.
(Section 1.) 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, as follows:
I. That from and after the passing of this Act the said recited c. 121. repealed. Act of the First and Second Year of the Reign of His said late
Majesty King George the Fourth shall be and the same is hereby All Books kept repealed : Provided always, that all Books of the Commissioners 110.486.3.c. for executing a certain Act of Parliament passed in the Twenty4. c. 121. to be sixth Year of the Reign of King George the Third, intituled An
Act for paring the Footways and Passages in the Town of Cheltenham in the County of Gloucester, and for better cleansing and lighting the said Town, for taking down certain old Buildings now standing therein, and for remoring and preventing other Encroachments, Nuisances, and Annoyances, and an Act passed in the Forty-sixth Year of the same Reign, intituled An Act for amending and enlarging the Powers of an Act passed in the Twenty-sixth Year of His present Majesty, for paring the Footways and Passages in the Town of Cheltenham in the County of Gloucester, and for better cleansing and lighting the said Town, and for removing and preventing Nuisances and Annoyances therein, and the said recited Act hereby repealed, or either of them, and all Entries therein made, according to the Directions or Provisions of the said Acts or either of them, and made Evidence thereby, shall and may be given and admitted in Evidence in all Courts, and by all Judges, Justices,
and others; and that all Persons from or by whom any Rates or Arrrars of Rates any Arrears of Rates laid or assessed by virtue of the said recited to be paid.
Act hereby repealed are due or unpaid at the Time of passing this Act shall be liable to the Payment thereof to the Commissioners for executing this Act, and such Rates may be recovered
from such Persons in the same Manner as the Rates by this Act Collectors, &c. to granted may be recovered by virtue of this Act; and that each deliver over Pro- and every Treasurer, Clerk, Collector, or other Person in whose
Custody or Control any Money received or collected under the said recited Act hereby repealed, or any Books, Papers, Documents, Materials, or Things of the Commissioners acting thereunder, are at the Time of passing this Act, shall be liable to pay, deliver
and account for the same to the Commissioners for executing this Act, as if such Money or Property had come to his Hands by virtue of this Act; and that all Contracts, Stipulations, or Agreements, Mortgages and Charges, given or entered into by the Commissioners acting under the said recited Act hereby
account for and
perty to commis. sioners under this Act.
Existing Contracts to subsist,
continue for One
others are sooner
re-pealed, with any Person or Persons whomsoever, or by any (Section 2.) Person or Persons with such Commissioners, shall, notwithstanding the Repeal of the said Act, subsist and continue for such Term or Terms and in such Manner as the same would have subsisted and continued in case the said recited Act had not been repealed; and that the Repeal of the said recited Act shall not and Penalties extend to prevent the suing for or Recovery of any Penalty crable under incurred in respect of any Offence committed against the Provisions of the said Act so repealed previously to the passing of this Act, or to prevent or defeat any Prosecution commenced or which might have been brought for any such Offence, but all Penalties which shall have been incurred before the passing of this Act under the Provisions of the said hereby repealed Act may be sued for and recovered under the Provisions of this Act, and all Offences committed before the passing of this Act against the Provisions of the said hereby repealed Act may be prosecuted under the Provisions of this Act; and all Byelaws, Rules, or Bye laws for
Hackney Orders made under or by virtue of the said hereby repealed Act Carriages to for the Regulation of Hackney, Fly, and other Carriages, Pony Year or "till or Donkey Carts or Gigs, Sedan and Wheel Chairs and Fly made. Carriages drawn by Men, and now in force, shall continue in force for the Space of One Year after the passing of this Act, or until other Byelaws are sooner made, and shall come in force in the above Behalf under the Powers of this Act. (a)
II. (6) That in this Act the following Words and Expressions Interpretation 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,)
Words importing Individuals shall include Corporations : Individuals.
“Borough” or “Parish” shall mean the Borough and Parish of Borough or Cheltenham : (a ) These Bye Laws have not yet been made, if in time they may be joserted in the Appendix. (6.) By sec. 2 of the 13 & 14 Vict. c. 21" An Act for shortening the language used in Acts of Parliament," it is enacted, “hat all acts shall be divided into sections, if there be more enactments than ode, which sections sball be deemed to be substantive enactments, without any introductory words;"'
And by the fourth section “That in all acts words importing the masculine gender shall be deemed and taken to include females and the singular to include the plural, and the plural the singular, unless the contrary as to gender or number is expressly provided ;'
“And the word "month" to mean calendar month, unless words be added shewing lunar month to be intended;" "A
And"county'' shall be held to mean also county of a town or of a city, unless such extended County, meaning is expressly excluded by words ;"'
" And the word "land" shall include messuages, tenements, and hereditaments, houses and buildings of any tenure, unless where there are words to exclude houses and buildings,or to restrict the meaning to tenements of some particular tenure ;"
" And the words “ oath," "swear” and “ affidavit” shall include affirmation, declaration, affirin. Oath, swear, afiing, and declaring, in the case of persons by law allowed to declare or affirm instead of swearing."
“Justice or Justices” shall mean Justice or Justices of the Peace for the County of Gloucester, and "Two Justices” shall
mean Two or more Justices met and acting together : Occupier. “Occupier” (a) shall not include a Lodger, or Person in the
Occupation as Tenant of a furnished House, but shall include the
“Owner" shall mean the Person for the Time being receiving the Rackrent of the Lands and Premises in connexion with which the said Word is used, whether on his own Account or as a Mortgagee or Incumbrancer in possession, or as Trustee for any other Person, or who would so receive the same if such Lands or Premises were let at Rackrent:
To "pave” shall include the making or forming of a hard Surface to a Roadway, or generally repairing the same by broken
Stone or other Material, as well as pitching : Quarter Sessions “Quarter Sessions” shall mean the Quarter Sessions of the
County of Gloucester :
“Arbitrators," "Drain," "Lands," "Month," “Premises," “Rackrent,” “Sewer," "Slaughter-house," "Street,” “Superior Court,” “Waterworks Company,” and “Waterworks” shall have the several Meanings assigned to them in the Public Health Act, 1848; and the Words “Sewers and Drains," when used with reference to Streets, shall include Gutters and Channels running in or through the Streets; and the Word "Street" shall include a Turnpike Road, notwithstanding anything in the said Public
Health Act to the contary : Arbitrators. The Word “Arbitrators” shall include a single Arbitrator ; and the
Words “Arbitrators” and “Arbitrator" shall include an Umpire : Drain.
The Word “Drain” shall mean and include any Drain of and used
for the Drainage of One Building only, or Premises within the same Curtilage, and made merely for the Purpose of communicating therefrom with a Cesspool or other like Receptacle for Drainage, or with a Sewer into which the Drainage of Two or more
Buildings or Premises occupied by different Persons is conveyed : Lands.
The Word “ Lands” and the Word “ Prémises” shall include MesPremises.
šuages, Buildings, Lands, and Hereditaments of any Tenure: Month.
The Word “ Month” shall mean Calendar Month : Rackrent. The Expression “ Rackrent" shall mean Rent which is not less
(a.) This Interpretation was agreed to be altered, but it escaped. By it, any person occupying a furnished house as Tenant, though he may have occupied, been rated, and paid all rates and rents for it for years to any amount, is not entitled to vote; but the person letting, though living at a distance is to be the "occupier" within the interpretation and entitled to vote.
Section 3.) than Two Thirds of the full net annual Value of the Property out of which the Rent arises; and the full net annual Value shall Full net annual be taken to be the Rent at which the Property might reasonably be expected to let from Year to Year, free from all usual Tenant's Rates and Taxes, and Tithe Commutation Rent-charge (if any), and deducting therefrom the probable average annual Cost of the Repairs, Insurance, and other Expenses (if any) necessary to
maintain the same in a State to command such Rent: The Word “ Sewer" shall mean and include Sewers and Drains of sewer.
every Description, except Drains to which the Word “ Drain”
interpreted as aforesaid applies : The Term “ Slaughter-house” shall mean and include the Buildings Slaughter-house.
and Places commonly called Slaughter-houses and Knackers
Horses, or Animals of any Description for Sale :
being a Turnpike Road), and any Road, public Bridge (not
or Passage within the Limits of any District: The Expression “Superior Courts" shall include Her Majesty's Superior Courts.
Superior Courts of Record at Westminster, and the Court of
of Pleas of the County of Durham : The Expression “ Waterworks Company'' shall mean any Corpora- Water-works
Company. tion, Person, or Company of Persons supplying or who may here
after supply Water for their own Profit : The Term “Waterworks” shall include Streams, Springs, Wells, Water-works.
Pumps, Reservoirs, Cisterns, Tanks, Aqueducts, Cuts, Sluices,
And when any Distance from or around the Borough of Distance how Cheltenham is referred to in this Act, the same shall be measured in a direct Line from Cheltenham Parish Church : And where any Act or Thing is by this Act required to be Sunday, &o.
Acts falling on, done or performed on any certain Day of the Month, and the same shall happen to fall on a Sunday, or any Day appointed for Public Fast or Thanksgiving, then such Act or Thing shall be done or performed on the following Day, or if that Day should also happen to fall on Sunday or a Public Fast or Thanksgiving Day, then on the Day following it.
11 & 12 Vict. c. 63.,
cc. 16. 34. 89. and
III. That the several Provisions of "The Public Health Act, 12 and 13 Vict. 1848,” and “Public Health Supplemental Act, 1849," "The
94. 10 and 11 Vict. Commissioners Clauses Act, 1847," "The Towns Improvement 65. incorporated Clauses Act, 1847," "The Town Police Clauses Act, 1847," and with this Act.
“The Cemeteries Clauses Act, 1847,” herein-after particularized under the Subjects to which they respectively relate, shall be incorporated with this Act as Part thereof, subject to the several Modifications in extension, limitation, or explanation of such Provisions hereunder mentioned in connexion therewith, and the Words herein used as introductory to Enactments, Clauses, and
Provisions shall not be construed to restrain the same; Meaning of Local
And by the Words "Local Board of Health" or "Local Board” Board.
used in the said Provisions incorporated from the Public Health
Acts shall be understood the Commissioners under this Act;
And by the Words “District” or “Non-corporate District” District.
therein used, shall be understood the Borough of Cheltenham ; Public Health] And by any Terms denoting the Public Health Act, 1848, or
the Application of that Act, therein used, shall be understood this Act or the passing of this Act;
And in the Provisions incorporated from "The Commissioners Clauses Act, 1847," "The Town Improvement Clauses Act, 1847,”
“The Town Police Clauses Act, 1847," and "The Cemeteries “”
Special Act," Clauses Act, 1847,” the Words "the Special Act” or “this Act” "" "Limits of the there used shall mean this Act, and the Words “Limits of the Special Act”
Special Act" shall mean the Borough of Cheltenham; and in the “Company" said Cemeteries Clauses Act the Word "Company" shall mean
“Commissioners” under this Act. (a.)
(a.) The Commissioners Clauses Act, the Towns Improvement Clauses Act, the Town Police Clauses Act, and the Cemeteries Clauses Act, each contain an interpretation clause. This 3d. section of the Cheltenham Improvement Act enacts that the provisions &c. incorporated from the above mentioned four acts “shall be incorporated as part thereof;" the words therefore in such incorporated provisions will be interpreted by the interpretation clauses (2nd & 3d.) of the Cheltenham Act, and by the Interpretation Act of the 13 & 14 Vic. c. 21 (see note (6.) to section 2 page 3 ante) wherever those sections, or act give interpretations, although such last mentioned interpretations differ from the interpretations in the Consolidation acts, But there are some words to which interpretations are given by the Consolidation Acts, to which words no interpretations are given by the Cheltenham Act, or the 13 & 14 Vict. c. 21, and it may be submitted that such words will bear the interpretations given to them in such Consolidation Acts. The four above mentioned Consolidation Acts each contain the following provisions :
“The following words and expressions in both this and 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."
The words in such Consolidation Acts to which interpretations are given, are (with few exceptions mentioned after) the same words to which certain interpretations are given by the Cheltenham Act or the General Act 13 & 14 Vict. c. 21. The exceptions are as follows :--- In each of the four acts it is enacted, that--
“The word "prescribed" used in this act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special act;