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(Secs.56.57)

Allowance of Rates unnecessary.

by them to the Treasurer, and carried to the District Fund Account mentioned in this Act: Provided also, that neither the Allowance by Justices, nor the Signature by the Local Board of Health, shall be necessary in the Case of any Rate made by the Local Board of Health under this Act.

As to Collections of Tolls and re

&c. in the Bo

LVII. That the Trustees of any Turnpike Road (a.) shall not pairing Roads, collect Tolls on any Road in the Borough, or lay out any Money tenham ; tengamo? Chel- thereon, save that the Trustees acting in execution of the Local

Act of the First and Second Year of King William the Fourth, Chapter 16, relating to the Cheltenham District of Turnpike Roads, shall continue to repair all such Roads in the said Borough as are now repaired by them, and may collect Tolls at the several Toll Gates and Toll Bars and Weighing Machines at which Tolls are now received by such Trustees, and at any Toll Gate, Bar, or Chain to be at any Time hereafter set up by the said Trustees on, across, or on the Side of any part of the Road made a Turnpike Road by virtue of the said Act, and leading from or near to the Top or Eastern End of the High Street in the Town and Parish of Cheltenham aforesaid to the Turnpike Road leading from Cheltenham towards Birdlip, not nearer to the Parish

Church of Cheltenham than the present Turnpike Gate called the If roads repaired Charlton Park Gate : Provided, that in the event of any

Part of ers tolls to cease. the said Turnpike Roads within the Borough which are now re

paired by the Trustees not being repaired by them, and being repaired by the Commissioners, then the Power to collect Tolls

on such Part of the said Turnpike Roads shall cease ; and save den fedts by Chel. also, that the Trustees acting in execution of the Cheltenham and cester Trust.

Gloucester Turnpike Road Act, 1851, may continue to collect Tolls at the several Toll Gates and Toll Bars in the Borough at which Tolls were before the Twentieth Day of May One thousand eight hundred and fifty-one lawfully collected by such Trustees, and at any Toll Gate, Bar, or Chain to be from Time to Time lawfully set up on or on the side of any Part of the Roads in the said Trust not nearer to the Parish Church of Cheltenham than the present Turnpike Gate called the Montpellier or Lansdowne Gate, or the present Turnpike Gate, called the Junction Gate, thereto adjoining ; but the said Trustees shall not continue or set up any Toll Gate, Bar, or Chain in, upon, or across any Lane or Way within the Borough leading into the same Roads,

by Commission

As to Collection

(a) The interpretation clause includes a “Turnpike Road" in the word street. see p. 4 though the Public Health Act excluded it.

c.

(Secs.58.59) or on the Sides thereof, anything in the said Turnpike Act contained to the contrary notwithstanding.

LVIII. That the Commissioners may efficiently cleanse, light, Commissioners water, and scavenge every present and future Street (a.) in the Streets, whether

Highwaysor not. Borough (whether a Highway or not), but no Street shall thereby become a Highway.

And with respect to Obstructions of the Passage in the Streets, street be it enacted,

LIX. That the following Sections of the "Towns Police Clauses Sections 21 to 27 Act, 1847,” shall be incorporated with this Act :

The Section numbered 21 of the said Act:

Obstructions.

of 10 and 11 Vic. c. 89. incorporated with this Act.

XXI. The Commissioners may from Time to Time make Orders for Power to prevent

the Route to be observed by all Carts, Carriages, Horses, and Per- the Streets dusons, and for preventing Obstruction of the Streets within the ring public Pro

c. Limits of the special Act, in all Times of public Processions, Rejoicings, or Illuminations, and in any Case when the Streets are thronged or liable to be obstructed, and may also give Directions to the Constables for keeping Order and preventing any Obstruction of the Streets in the Neighbourhood of Theatres and other Places of public Resort, and every wilful Breach of any such Order shall be deemed a separate Offence against this Act, and every Person committing any such Offence shall be liable to a Penalty. not exceeding Forty Shillings.

Also the Section numbered 22 of the said Act:
XXII. On Application to the Commissioners by the Minister or

Churchwardens or Chapelwardens of any Church, Chapel, or other power to regu-
Place of public Worship within the Limits of the special Act, the Persons driving
Commissioners may make Orders for regulating the Route by &c. during Bi-

vine Service, which Persons shall drive any Cart or Carriage, or Cattle, or the Manner in which they shall drive them, in the Neighbourhood of such Places of Worship, during the Hours of Divine Service on Sunday, Christmas Day, Good Friday, or any Day appointed for a public Fast or Thanksgiving, and any Orders so made shall be printed and put up on or near the Church, Chapel, or Place of public Worship to which the same refer, and in some conspicuous Places near and leading thereto, and elsewhere as the Commissioners direct, and every wilful Breach of any such Order shall be deemed a separate Offence against this Act, and every Person committing any such Offence shall be liable to a Penalty not ex

ceeding Forty Shillings. (a) The interpretation clause includes a “Turnpike Road" in the word street. see p. 4 though the Public Health Act excluded it.

K

(Section 59.)

Also the Section numbered 23 of the said Act:

Proprietors of Stage Carriages deviating from Route by Order free from Penalty.

XXIII. No Proprietor of any Stage Carriage duly licensed to carry
Passengers for Hire shall be liable to any Penalty for any

Deviation from the Route or Line of Route specified in his Licence which the Driver of such Stage Carriage makes in consequence of any Regulation or Direction made or given by the Commissioners. Also the Section numbered 24 of the said Act :

Power to im. pound stray Cattle.

XXIV. If any Cattle be at any Time found at large in any Street

within the Limits of the special Act, without any Person having the Charge thereof, any Constable or Officer of Police, or any Person residing within the Limits of the special Act, may seize and impound such Cattle in any common Pound within the said Limits, or in such other place as the Commissioners appoint for that Purpose, and may detain the same therein until the Owner thereof pay to the Commissioners a Penalty not exceeding Forty Shillings, besides the reasonable Expenses of impounding and keeping such Cattle.

Penalty for Straying.

Also the Section numbered 25 of the said Act:

Power to sell stray Cattle for Penalty and Expences.

XXV. If the said Penalty and Expenses be not paid within Three

Days after such impounding, the Pound-keeper, or other Person appointed by the Commissioners for that Purpose, may proceed to sell or cause to be sold any such Cattle ; but previous to such Sale Seven Days Notice thereof shall be given to or left at the Dwelling House or Place of Abode of the Owner of such Cattle, if he be known, or if not, then Notice of such intended Sale shall be given by Advertisement, to be inserted Seven Days before such Sale in some Newspaper published or circulated within the Limits of the special Act; and the Money arising from such Sale, after deducting the said Sums, and the Expenses aforesaid, and all other Expenses attending the impounding, advertising, keeping, and Sale of any such Cattle so impounded, shall be paid to the Commisioners, and shall be by them paid, on Demand, to the Owner of the Cattle so sold.

Also the Section numbered 26 of the said Act:

Persons gailty of
Pound-breach to
be committed for
Three Months.

XXVI. Every Person who releases or attempts to release any Cattle
from
any

Pound or Place where the same are impounded under the Authority of this or the special Act, or who pulls down, damages, or destroys the same Pound or Place, or any Part thereof, with Intent to procure the unlawful Release of such Cattle, shall, upon Conviction of such Offence before any Two Justices, be committed by them to some Common Gaol or House of Correction for any Time not exceeding Three Months.

a Pound.

Street

(Secs.59.60.) Also the Section numbered 27 of the said Act. XXVII. The Commissioners may purchase a Piece of Land within Power to provide

the Limits of the special Act for the Purpose of a Pound for stray
Animals, and may erect a Pound thereon, and such Pound when
made shall be kept in repair by the Commissioners.

And with respect to Annoyances in the Streets, be it enacted, Annoyances. LX. That the following Sections of the "Town Police Clauses Sections 28 and Act, 1847," shall be incorporated with this Act, and shall ex- Vict. c. 89 incor

porated with this tend not only to the Borough but to any Place within One Mile Act. in a direct Line from the Church of Saint Mary Cheltenham :

The Section numbered 28 of the said Act; but the Prohibition therein contained as to drawing a Carriage on the Footway shall not extend to Wheel Chairs or Fly Chairs which may now be lawfully drawn upon the Footway: XXVIII. Every Person who in any Street, to the Obstruction, An- Penalty on Per

noyance, or Danger of the Residents or Passengers, commits any any of the
of the following Offences, shall be liable to a Penalty not exceed- herein named.
ing Forty Shillings for each Offence, or, in the Discretion of the
Justice before whom he is convicted, may be committed to Prison,
there to remain for a Period not exceeding Fourteen Days, and any
Constable or other Officer appointed by virtue of this or the spe-
cial Act shall take into Custody, without Warrant, and forthwith
convey before a Justice, any Person who within his View commits

any such Offence; (that is to say,) Every Person who exposes for Show, Hire, or Sale (except in a Mar- As to Exposing,

ket or Market Place or Fair lawfully appointed for that Purpose) for sale, &c.
any Horse or other Animal, or exhibits in a Caravan or otherwise
any Show or public Entertainment, or shoes, bleeds or farries any
Horse or Animal (except in Cases of Accident) or cleans, dresses,
exercises, trains or breaks, or turns loose any Horse or Animal,
or makes or repairs any Part of any Cart or Carriage (except in

Cases of Accident where Repair on the Spot is necessary):
Every Person who suffers to be at large any unmizzled ferocious

Dog, or sets on or urges any Dog or other Animal to attack, worry,

or put in fear any Person or Animal :
Every Owner of any Dog who suffers such Dog to go at large, knowing

or having reasonable Ground for believing it to be in a rabid State,
or to have been bitten by any Dog or other Animal in a rabid

State:
Every Person, who after public Notice given by any Justice direct-

ing Dogs to be confined on account of Suspicion of Canine Mad

Dogs.

(Section 59.)

Also the Section numbered 23 of the said Act:

Proprietors of Stage Carriages deviating from Route by Order free from Penalty.

XXIII. No Proprietor of any Stage Carriage duly licensed to cal

Passengers for Hire shall be liable to any Penalty for any Der
tion from the Route or Line of Route specified in his Lice
which the Driver of such Stage Carriage makes in consequenc
any Regulation or Direction made or given by the Commissio

Also the Section numbered 24 of the said Act:

Power to im.

pound stray Cattle.

XXIV. If any Cattle be at any Time found at large in any

within the Limits of the special Act, without any person
the Charge thereof, any Constable or Officer of Police, or ar
son residing within the Limits of the special Act, may se
impound such Cattle in any common Pound within the said
or in such other place as the Commissioners appoint for th
pose, and may detain the same therein until the Owner
pay to the Commissioners a Penalty not exceeding Forty &
besides the reasonable Expenses of impounding and keej
Cattle.

Penalty for Straying.

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Power to sell stray Cattle for Penalty and Expences.

Also the Section numbered 25 of the said Act:
XXV. If the said Penalty and Expenses be not paid wit

Days after such impounding, the Pound-keeper, or oth
appointed by the Commissioners for that Purpose, may
sell or cause to be sold any such Cattle ; but previous t
Seven Days Notice thereof shall be given to or left at th
House or Place of Abode of the Owner of such Cat
known, or if not, then Notice of such intended Sale sl
by Advertisement, to be inserted Seven Days before
some Newspaper published or circulated within the I
special Act; and the Money arising from such Sale, af
the said Sums, and the Expenses aforesaid, and all of
attending the impounding, advertising, keeping, and
such Cattle so impounded, shall be paid to the Comm
shall be by them paid, on Demand, to the Owner of
sold.

Also the Section numbered 26 of the said Act
XXVI. Every Person who releases or attempts to rel

from any Pound or Place where the same are impou:
Authority of this or the special Act, or who pulls
or destroys the same Pound or Place, or any Par
Intent to procure the unlawful Release of such Ca
Conviction of such Offence before any Two Justice
by them to some Common Gaol or House of C
Time not exceeding Three Months.

Persons gailty of
Pound-breach to
be committed for
Three Months.

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