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(Secs. 65.66) LXXXIII. If any Building or Hole or any other Place near any Dangerous
Street be, for Want of sufficient Repair, Protection, or Inclosure, paired or indangerous to the Passengers along such Street, the Commissioners shall cause the same to be repaired, protected, or inclosed, so as to prevent Danger therefrom; and the Expences of such Repair, Protection, or Inclosure shall be repaid to the Commissioners by the Owner of the Premises so repaired, protected, or inclosed, and
shall be recoverable from him as Damages. (a.) And with respect to ruinous or dangerous Buildings, be it
Buildings. enacted, LXVI. That the following Sections of “The Towns Improve- Sector and 1 Vict
75 to 78
c. 34. incorpoment Clauses Act, 1847,” shall be incorporated with this Act :
rated with this The Section numbered 75 of the said Act:
LXXV. If any Building or Wall, or any Thing affixed thereon, Ruinous or dan
gerous Buildings within the Limits of the special Act, be deemed by the Surveyor to be taken down of the Commissioners to be in a ruinous State, and dangerous to Owners, &c. Passengers or to the Occupiers of the neighbouring Buildings, such Surveyor shall immediately cause a proper Hoard or Fence to be put up for the Protection of Passengers, and shall cause Notice in Writing to be given to the Owner of such Building or Wall, if he be known and resident within the said Limits, and shall also cause such Notice to be put on the Door or other conspicuous Part of the said Premises, or otherwise to be given to the Occupier thereof, if any, requiring such Owner or Occupier forthwith to take down, secure, or repair such Building, Wall, or other Thing, as the Case shall require ; and if such Owner or If Owner, &c. Occupier do not begin to repair, take down, or secure such Build- Commissioners ing, Wall, or other Thing within the Space of Three Days after same to be done,
, any such Notice has been so given or put up as aforesaid, and &c. with the Ex complete such Repairs, or taking down or securing, as speedily as the Nature of the Case will admit, the said Surveyor may make Complaint thereof before Two Justices, (6.) and it shall be lawful for such Justices to order the Owner, or in his Default the Occupier (if any), of such Building, Wall, or other Thing, to take down, rebuild, repair, or otherwise secure, to the Satisfaction of such Surveyor, the same, or such Part thereof as appears to them to be in a dangerous State, within a Time to be fixed by such Justices; and in case the same be not taken down, repaired, rebuilt, or otherwise secured within the Time so limited, or if no Owner or
Occupier can be found on whom to serve such Order, the Com(a.) See Note to Sec. 129 of the Public Health Act, post section 127, as to the Recovery of these Damages.
(6.) The mode of proceeding before Justices is regulated by the 131st section of the Public Health Act, incorporated by section 127 post.
missioners shall with all convenient Speed cause all or so much of
Also the Section numbered 76 of the said Act :
special Act, and if, on Demand of the Expences aforesaid, he neg-
same, then such Expences may be levied by Distress, and any Justice may issue his Warrant accordingly. (a) Also the Section numbered 77 of the said Act:
The Expences to be levied by Distress on the Owner.
If Owner cannot be found, Commissioners may take the House or Ground, making Compensation provided by 7 and 8 Vict. c. 18
LXXVII. If such Owner cannot be found within the said Limits, or
sufficient Distress of his Goods and Chattels within the said Limits
Also the Section numbered 78 of the said Act.
of the same, be pulled down by virtue of the Powers aforesaid,
Remedies for compelling the Payment of so much of the said Ex
Commissioners may sell the Materials, restoring to the Owner Overplus arising from the Sale.
[a.] The mode of proceeding before Justices is regulated by the 131st Sec. of the Public Health Act, incorporated by Sec. 127 post.
[6.] See this Act inserted in full in Appendix, No. 6. The compensation clauses are sections 22 to section 68, both inclusive. The clauses as to the application of Compensation money, are section 69 to section 80, both inclusive. See section 26 and note, ante, page 41.
(Secs. 66.67) pences as may remain due after the Application of the Proceeds of such Sale as are herein before given to them or compelling the
Payment of the whole of the said Expences.
LXVII. That the following Sections of “The Town Police Sections to 20, Clauses Act, 1847,” shall be incorporated with this Act :
35, of 10 and il Vict. c. 89. incorporated with this Act.
The Section numbered 6 in the said Act:
VI. If any Constables (a.) shall have been appointed within the Appointment of Limits of the special Act under the Provisions of an Act passed 2 and 3 Vict. c.
93. 3 and 4 Vict. in the Third Year of the Reign of Her Majesty, intituled An Act for the Establishment of County and District Constables by the Authority of the Justices of the Peace ; and of another Act passed in the Fourth Year of the Reign of Her Majesty, intituled An Act to amend the Act for the Establishment of County and District Constables; and if the Justices for the County in which such District is situated, in General or Quarter Session assembled, report to One of Her Majesty's Principal Secretaries of State that the Constables so appointed ought to be discontinned, and the said Constables be, in pursuance thereof or otherwise, discontinued, or where no Constables shall have been appointed under the Provisions of the lastmentioned Act, the Commissioners may from Time to Time appoint and employ a Superintendent Constable and also such Number of Constables as they judge necessary for the Protection of the Inhabitants and Property within the said Limits, and allow the Superintendent Constable and the other Constables such Salaries or Wages as they think proper; and it shall be lawful for the Commis- And Removal. sioners from Time to Time to remove any such Superintendent Constable, Constables, and Officers as they thing fit.
Also the Section numbered 7 in the said Act:
case of Need,
VII. Where Constables shall have been appointed under the last Power to apply
Two recited Acts, or either of them, the Commissio ers, if they Constables in think it necessary so to do, may apply to the Chief Constable of the County in which the District within the said Limits is situated, under the Provisions of the last-recited Act, to appoint any additional Number of Constables within the said Limits, and they may pay the Charge of such Appointments out of the Rates to be levied and pay the
charge. under this and the special Act.
Also the Section numbered 8 in the said Act:
(2.) The County Constabulary have been in existence many years in Cheltenham.
(Section 67.) Constables to be sworn in.
VIII. Any Justice may swear in any Person appointed and employed
as a Constable under this and the special Act, and the Constables 80 sworn in shall have, within the Limits of the special Act, and in any Place not more than Five Miles beyond such Limits, the like Powers, Privileges, and Duties, (a.) and shall have the same Indemnities and Protection, and shall be subject to the like Penalties and Forfeitures, as any Constable duly appointed has or is subject to within his Constablewick by Law.
Nuties and Powers of.
Also the Section numbered 9 in the said Act:
Expences of Prosecution, and Allowances to Constables.
IX. The Commissioners may defray the Expence of prosecuting any
Felons or Offenders, and of defending any Constable in the execu-
Constables not to resign without Leave or notice.
X. No Constable appointed under this or the special Act shall resign
his Office, or withdraw himself from the Duties thereof, unless expressly allowed so to do in Writing by the Commissioners or by the Superintendent Constable, or until after he has given to such Superintendent Constable One Month's Notice; and every Constable who so resigns or withdraws himself without such Leave or Notice shall be liable to forfeit all Arrears of Pay then due to him, or to a Penalty of not more than Five Pounds, or, in the Discretion of the Justices before whom he shall be convicted, may be committed to Prison, there to remain for a Time not exceeding Fourteen Days.
Also the Section numbered 11 in the said Act:
Constables dismissed to deliver up Accoutrements.
XI. Every Constable appointed under this or the special Act who is
dismissed from or ceases to hold and exercise his Office shall forthwith deliver over to the Superintendent Constable, or to such Person and at such Time and Place as the Commissioners direct, all the Clothing, Accoutrements, Appointments, and other Necessaries which have been supplied to him for the Execution of his Duty, under pain of Imprisonment, with or without hard Labour, for any Time not exceeding One Month ; and any Justice of the Peace
issue his Warrant to search for and seize to the Use of the Commissioners all the Clothing, Accoutrements, Appointments, and other Necessaries not so delivered over, wherever the same are found.
Also the Section numbered 12 in the said Act :
(a.) See further as to their duties, section 14 of the Towns Police Clauses Act post.
lawful Possession of Accoutre
(Section 67.) XII. Every Person who, not being at the Time a Constable appointed Penalty for una under this or the special Act, has in his Possession any
Article being Part of the Clothing, Accoutrements, or Appointments ments; or force supplied to any such Constable, and who is not able satisfactorily Dress of Conto account for his Possession thereof, or who puts on the Dress or takes the Name, Designation, or Character of any Person appointed as such Constable, for the Purpose of thereby obtaining Admission into any House or other Place, or of doing or procuring to be done any Act which such Person would not be entitled to do or procure to be done of his own Authority, or for any other unlawful Purpose, shall, in Addition to any other Punishment to which he is liable for such Offence, be liable to a Penalty of not exceeding Ten Pounds. Also the Section numbered 13 in the said Act :
XIII. The Commissioners may from Time to Time purchase or rent Power to provido
any Building or Land, and convert such Buildings into or build houses, &c. on such Land Offices, Watch-houses, Lock-up Houses, and other Places necessary for the Purposes of this and the special Act, with all proper Conveniences thereto, and may repair the same from Time to Time, and furnish and fit up the same, and employ proper Persons to take care thereof.
Also the Section numbered 14 in the said Act :
XIV. The Constables appointed by virtue of this and the special Duties of ConAct shall keep Watch and Ward within the Limits of the special
stables. Act, and shall use their best Endeavours to prevent any
Mischief by Fire, and all Felonies, Misdemeanors, and Breaches of the Peace.
And besides the Duties mentioned in the said Section, the Constables shall also obey all lawful Directions of the Commissioners for enforcing the Provisions and executing the Purposes of this Act, or any Byelaw made under the same : (a.)
Also the Section numbered 15 in the said Act:
XV. Any Person found committing any Offence punishable either power to Police upon Indictment or as a Misdemeanor upon summary Conviction Persons ag
grieved to appreby virtue of this or the special Act may be taken into Custody, hend certain without a Warrant, by any of the said Constables, or may be
apprehended by the Owner of the Property on or with respect to which the Offence is committed, or by his Servant or any Person authorized by him, and may be detained until he can be delivered into the Custody of a Constable ; and the Persons so arrested
(a.) See further as to their duties, section 8 of the Towns Police Clauses Act, ante, page 88.