(Sec. 67.)

Penalty for

Neglect of Duty.

Or Imprisonment.

Power to constables to take Recognizances.

Form of Recognizances.

Recognizances to be registered and returned to the Justice.

shall be taken, as soon as conveniently may be, before some Justice, to be examined and dealt with according to Law: Provided always, that no Person arrested under the Powers of this or the special Act shall be detained in Custody by any Constable or other Officer, without the Order of some Justice, longer than shall be necessary for bringing him before a Justice, or than Forty Hours at the utmost.

Also the Section numbered 16 in the said Act:

XVI. Every Constable acting within the Limits of the special Act who is guilty of any Neglect or Violation of his Duty as a Constable, and convicted thereof before Two Justices, shall be liable to a Penalty not exceeding Ten Pounds, the Amount of which Penalty may be deducted from the Salary or Wages due to him or to become due to him, or, in the Discretion of the Justices before whom he is convicted, he may lawfully be imprisoned for any Time not exceeding One Month, with or without hard Labour. Also the Section numbered 17 in the said Act:

XVII. Whenever any Person charged with any Offence under this or the special Act, or any Act incorporated therewith, not amounting to Felony, and of which he is liable to be summarily convicted before a Justice, is in the Custody of any Constable acting as aforesaid, without the Warrant of a Justice, the Superintendent Constable of the District, or appointed under this Act, or other the superior Officer of Police acting within the said Limits, may, if he deem it prudent so to do, but in such Cases only in which the Offender cannot be conveniently taken before a Justice, take the Recognizance of such Person, with or without Sureties, conditioned as herein-after mentioned.

Also the Section numbered 18 in the said Act:

XVIII. Every Recognizance so taken shall be taken without Fee or Reward, and shall be conditioned for the Appearance of the Person thereby bound before a Justice, at a certain Day not later than Seven Days from the Date of such Recogniznace, and the Time and Place of such Appearance shall be specified in the Recognizance.

Also the Section numbered 19 in the said Act:

XIX. The Officer taking any such Recognizance shall enter in a Book to be kept for that Purpose the Name, Residence, and Occupation of the Party and his Sureties, if any, entering into such Recognizance, together with the Condition thereof, and the Sum thereby acknowledged, and shall return every such Recognizance

to the Justice at the Time and Place when and where the Party is bound to appear, and every such Recognizance shall have the like Force and Effect as if the same had been taken before a Justice.

Also the Section numbered 20 in the said Act :

(Section 67.)

assaulting Con

XX. Every Person who assaults or resists, or who aids or incites Penalties or Imprisonment any Person to assault or resist, any Constable in the Execution on Persons of his Duty under the Provisions of this or the special Act, shall stables. for every such Offence be liable to a Penalty not exceeding Five Pounds, or, in the Discretion of the Justice before whom he is convicted, may be imprisoned for any Term not exceeding One Month, with or without hard Labour.

Also the Section numbered 34 in the said Act:

Victuallers har

stables while on

XXXIV. Every Victualler or Keeper of any Public House, or Penalty on Person licensed to sell Wine, Spirits, Beer, Cider, or other fer- bouring Conmented or distilled Liquors by retail, to be drunk or consumed on Duty. the Premises, within the Limits of the special Act, who knowingly harbours or entertains or suffers to remain in his Public House or Place wherein he carries on his Business any Constable during any Part of the Time appointed for his being on Duty, unless for the Purpose of quelling any Disturbance or restoring Order, shall, for every such Offence, be liable to a Penalty not exceeding Twenty Shillings.

Also the Section numbered 35 in the said Act:

fee Shop Keepers disorderly Per-⚫

XXXV. Every Person keeping any House, Shop, Room, or other Penalty on CofPlace of public Resort within the Limits of the special Act for the harbouring Sale or Consumption of Refreshments of any Kind who knowingly sons." suffers common Prostitutes or reputed Thieves to assemble at and continue in his Premises shall, for every such Offence, be liable to a Penalty not exceeding Five Pounds.

Also the Section numbered 36 in the said Act.

prisonment on

Places for Bear

fighting, &c.

XXXVI. Every Person who within the Limits of the special Act Penalty or Imkeeps or uses or acts in the Management of any House, Room, Persons keeping Pit, or other Place for the Purpose of fighting, baiting, or worry- baiting, Cocking any Animals shall be liable to a Penalty of not more than Five Pounds, or, in the Discretion of the Justices before whom he is convicted, to Imprisonment, with or without hard Labour, for a Time not exceeding One Month; and the Commissioners may, by Order in Writing, authorize the Superintendent Constable, with Entry by Consuch Constables as he thinks necessary, to enter Premises arry kept or used for any of the Purposes aforesaid, and take into Custody all Persons found therein without lawful Excuse, and

stables.

(Section 68.)

Penalty for party being there without excuse.

Water Supply.

every Person so found shall be liable to a Penalty not exceeding Five Shillings, and a Conviction for this Offence shall not exempt the Owner, Keeper, or Manager of any such House, Room, Pit, or Place from any penal Consequence to which he is liable for the Nuisance thereby occasioned.

And with respect to the Supply of Water, be it enacted, LXVIII. That the following Sections of the Public Health c. 63. incorporat- Act, 1848, shall be incorporated with this Act:

Sections 75 to 80

of 11 & 12 Vict.

ed with this Act.

Commissioners
to provide suffi-
cient Supplies of
Water, and may
erect, purchase,
lease, or hire
Waterworks, &c.

In case of Waterworks constructed by Commissioners, the Water may be kept constantly under Pressure.

Commissioners not to construct Waterworks, &c. if any Waterworks Company within their District be able and willing to supply Water upon Terms.

The Section numbered 75 of the said Act:

LXXV. And be it enacted, That the Local Board of Health may provide their District with such a Supply of Water as may be proper and sufficient for the Purposes of this Act, and for private Use to the Extent required by this Act; and for those Purposes, or any of them, the said Local Board may from Time to Time, with the Approval of the General Board of Health, contract with any Person whomsoever, or purchase, take upon Lease, hire, construct, lay down, maintain such Waterworks, and do and execute all such Works, Matters, and Things as shall be necessary and proper; and any Waterworks Company may contract with the Local Board of Health to supply Water for the Purposes of this Act in any Manner whatsoever, or may sell and dispose of or lease their Waterworks to any Local Board of Health willing to take the same; and the said Local Board may provide and keep in any Waterworks constructed or laid down by them under the Powers of this Act a Supply of pure and wholesome Water, and the Water so supplied may be constantly laid on at such Pressure as will carry the same to the top Story of the highest Dwelling House within the District supplied: Provided always, that before constructing or laying down any Waterworks under the Powers of this Act within any Limits within, for, or in respect of which any Waterworks Company shall have been established for supplying Water, the said Local Board shall give Notice in Writing to every Waterworks Company within whose Limits the said Local Board may be desirous of laying on or supplying Water, stating the Purposes for and (as far as may be practicable) the Extent to which Water is required by the said Local Board; and it shall not be lawful for the said Local Board to construct or lay down any Waterworks within such Limits, if and so long as any such Company shall be able and willing to lay on Water proper and sufficient for all reasonable Purposes, for which it is required by the said Local Board, and upon such Terms as shall be certified to be reasonable by the General Board of Health, after Inquiry and Report by a Superintending Inspector in this Behalf, or (in case such

(Section 68.)

differences.

Company shall be dissatisfied with such Certificate) upon such Terms as shall be settled by Arbitration in the Manner provided by this Act; and in case any Difference shall arise as to whether Arbitration on the Water which any such Company is able and willing to supply or lay on is proper and sufficient for the Purposes for which it is required by the said Local Board, or whether the Purposes for which it is required are reasonable, the same shall be settled by Arbitration in the Manner provided by this Act.

Waterworks

sell or lease.

And this Section shall extend to authorize the Cheltenham Cheltenham Waterworks Company to dispose of or lease their Works to the Company may Commissioners, notwithstanding the Prohibition against Alienation in the Act relating to such Company contained :

Also the Section numbered 76 of the same Act:

Commissioners

Houses be sup

&c. in certain

And in default

LXXVI. And be it enacted, That if upon the Report of the Surveyor it appear to the Local Board of Health that any House is without may require that a proper Supply of Water, and that such a Supply of Water can plied with Water, be furnished thereto at a Rate not exceeding Twopence per Week, Cases. the said Local Board shall give Notice in Writing to the Occupier, requiring him, within a Time to be specified therein, to obtain such Supply, and to do all such Works as may be necessary for that Purpose; and if such Notice be not complied with the said Local Board may, if they shall think fit, do such Works, and obtain such may lay on the Supply accordingly, and make and levy Water Rates upon the rates, &c. Premises, not exceeding in the whole the Rate of Twopence per Week, in manner herein-after provided, as if the Owner or Occupier of the Premises had demanded a Supply of Water, and were willing to pay Water Rates for the same; and the Expenses incurred by them in doing such Works as last aforesaid shall be Private Improvement Expenses, and be recoverable as such in the Manner herein-after provided.

Also the Section numbered 77 of the same Act:

water and make

manufacturing

LXXVII. And be it enacted, That the Local Board of Health may, water for public if they shall think fit, supply Water from any Waterworks pur- Baths, trading or chased or constructed by them under this Act to any public Baths Purposes. or Wash-houses, or for trading or manufacturing Purposes, upon such Terms and Conditions as may be agreed upon between the said Local Board and the Persons desirous of being so supplied.

Also the Section numbered 78 of the same Act:

Construction of

LXXVIII. And be it enacted, That the Local Board of Health may Maintenance and cause all existing public Cisterns, Pumps, Wells, Reservoirs, Con- public Cisterns duits, Aqueducts, and Works used for the gratuitons Supply of Use. for gratuitous Water to the Inhabitants to be continued, maintained, and plenti

(Sec. 68)

And public
Baths &c.

Inhabitants, &c.

Watering streets cleansing sewers.

Penalty for injuring Waterworks, diverting Streams, or

wasting Water.

Rights to Use of streams reserved.

Penaltics on Persons for bathing in or causing Water in Reservoirs to be fouled.

fully supplied with Water, or they may substitute, continue, maintain, and plentifully supply with Water other such Works equally convenient; and the said Local Board may, if they shall think fit, construct any Number of new Cisterns, Pumps, Wells, Conduits, and Works for the gratuitous Supply of any public Baths or Wash-houses established otherwise than for private Profit or supported out of any Poor or Borough Rates.

And the Works for the gratuitous Supply of Water mentioned in the said Section may be for the Inhabitants or others, as well as for public Baths and Washhouses:

And the said Section shall extend to the maintaining any existing and to the providing any new Cisterns, Pumps, Wells, Conduits and Works for the Supply of Water for watering the Streets and for cleansing Sewers and Drains by the Commissioners :

Also the Section numbered 79 of the same Act:

LXXIX. And be it enacted, That whosoever shall wilfully or carelessly break, injure, or open any Lock, Cock, Waste Pipe, or Waterworks belonging to or under the Management or Control of the Local Board of Health, or constructed, continued, or maintained under this Act, in any Parish or Place in which there shall be no Local Board of Health, or shall unlawfully flush, draw off, divert, or take Water from any Waterworks belonging to or under the Management or Control of the said Local Board, or so constructed, continued, or maintained in any such Parish or Place, or from any Waters or Streams by which such Waterworks are supplied, or shall wilfully or negligently waste or cause to be wasted any Water with which he is supplied by the said Local Board, shall for every such Offence forfeit a Sum not exceeding Five Pounds, and a further Penalty of Twenty Shillings for each Day whilst the Offence is continued after written Notice in that Behalf, which Penalties shall be paid to the said Local Board, or, in the Case of a Parish or Place in which there shall be no Local Board of Health, to the Churchwardens and Overseers of the Poor, to be by them applied in aid of the Rate for the Relief of the Poor of such Parish or Flace: Provided always, that nothing herein contained shall prevent the Owner or Occupier of any Premises through or by which any Streams may flow from using the same as they would have been entitled to do if this Act had not been passed. Also the Section numbered 80 of the same Act.

LXXX. And be it enacted, That whosoever shall bathe in any Stream, Reservoir, Conduit, Acqueduct, or other Waterworks belonging to or under the Management or Control of the Local Board of Health, or in any Reservoir, Conduit, Acqueduct, or other Waterworks