Appendix 41.-Using Chair or Carriage in an Unfit State.-If upon the inspection or examination of the Inspector of Nuisances, any Chair or Carriage is found not to be in a proper state and condition, the Proprietor, Chairman, or Driver using the same, shall forfeit for every time the same is used, a sum not exceeding Ten Shillings. 42.-Property Left in Chairs or Carriages to be Restored.-If any property of any kind be left in a Chair or Carriage, the Chairman or Driver thereof shall forthwith restore the same to the owner thereof, or take it within twenty-four hours after such property was so left, to the Office of the Police, and deposit the same with the Officer there on duty; every person offending contrary hereto shall forfeit a sum not exceeding the sum of Five Pounds. 43.-Book of Bye Laws to be produced.-A book of Bye-Laws made by the Commissioners respecting Chairs and Carriages, will on application be given to the Proprietors, Chairmen, and Driver of every Chair or Carriage. Every Chairman or Driver who does not produce such book of Bye-Laws entire and legible, when required by a person employing him, so to do, shall forfeit all right to receive a fare from such person, and also a sum not exceeding Ten Shillings. THE COMMON LODGING HOUSES ACT, 1853. Since the Appendix, No. 2, page 216, ante, was in the Press, the Bill brought into the House of Lords, by the Earl of Shaftesbury, as mentioned in the Note, page 236, ante, has passed into an Act which materially extends the Provisions of "the Common Lodging Houses Act, 1851," and is as follows: ANNO DECIMO SEXTO AND DECIMO_SEPTIMO VICTORIE REGINEÆ. Appendix 16 & 17 Vic. c. 41. CAP XLI. AN ACT FOR MAKING FURTHER PROVISIONS WITH RESPECT TO WHEREAS it is expedient to extend the Provisions of "The Com mon Lodging Houses Act, 1851 :" Be it therefore enacted by 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. This Act may be cited for any Purpose as "The Common Lodging Short Title. Houses Act, 1853." II. The Common Lodging Houses Act, 1851, and this Act shall be Recited Act and construed and executed as if they were One Act. this Act to be as One. Lodging Houses before being registered Keep ers. III. After Three Months after the passing of this Act a Person shall All Common not keep a Common Lodging House or receive a Lodger therein until to be registered the House have been inspected and approved for that Purpose by some used, and to be Officer appointed in that Behalf by the local Authority, and have been kept only by registered as by the recited Act provided; and a Person shall not keep a Common Lodging House unless his Name as the Keeper thereof be entered in the Register kept under the recited Act: Provided always, that when the Person so registered dies, his Widow or any Member of his Family may keep the House as a Common Lodging House for not more than Four Weeks after his Death without being registered as the Keeper thereof. register House produce Certifi IV. The local Authority may refuse to register as the Keeper of a Local Authority Common Lodging House a Person who does not produce to the local may refuse to Authority a Certificate of Character in such Form as the local if Keepers do not Authority shall direct, signed by Three Inhabitant Householders of cate of Character the Parish respectively rated to the Relief of the Poor of the Parish within which the Lodging House is situate for Property of the yearly rateable Value of Six Pounds or upwards. Register. V. A Copy of an Entry made in a Register kept under the recited Evidence of Act, certified by the Person having the Charge of the Register to be a true Copy, shall be received in all Courts and before all Justices and on all Occasions whatsoever as Evidence, and be sufficient Proof of all Things therein registered, without Production of the Register or of any Document, Act, or Thing on which the Entry is founded; and every Person applying at a reasonable Time shall be furnished gratis by the Person having such Charge with a certified Copy of any such Entry. Appendix Νο. 8. c. 41. VI. Where it appears to the local Authority that a Common Lodg16 & 17 Vic. ing House is without a proper Supply of Water for the Use of the Lodgers, and that such a Supply can be furnished thereto at a reasonPower to Local able Rate, the local Authority may by Notice in Writing require the Authority to require an addi- Owner or Keeper of the Common Lodging House, within a Time Water to Com- specified therein, to obtain such Supply, and to do all Works necessary for that Purpose; and if the Notice be not complied with accordingly, the local Authority may remove the Common Lodging House from the Register until it be complied with. tional Supply of mon Lodging Houses. As to Removal Power to order Reports from mon Lodging Houses kept for Beggars and Vagrants. VII. When a Person in a Common Lodging House is ill of Fever or any infectious or contagious Discase the local Authority may cause such Person to be removed to an Hospital or Infirmary, with the Consent of the Authorities thereof, and on the Certificate of the Medical Officer of the Parish, Place, or District that the Disease is infectious or contagious, and that the Patient may be safely removed, and may, so far as the local Authority think requisite for preventing the Spread of Disease, cause any Clothes or Bedding used by such Person to be disinfected or destroyed, and may, if the local Authority think fit, award to the Owners of the Clothes and Bedding so disinfected or destroyed reasonable Compensation for the Injury or Destruction thereof, and such Compensation shall be paid to such Owners by the proper Officer of the Parish or Union in which the Common Lodging House is situate, out of the Rates applicable to the Relief of the Poor of such Parish, the Amount of such Compensation being first certified in Writing upon a List of such Articles. VIII. The Keeper of a Common Lodging House in which Beggars Keepers of Com- or Vagrants are received to lodge, or other Person having the Care or Management thereof, shall from Time to Time, if required by any Order of the local Authority served on such Keeper or Person, report to the local Authority, or to such Person or Persons as the said local Authority shall direct, every Person who resorted to such House during the preceding Day or Night, and for that Purpose Schedules shall be furnished by the local Authority to the Persons so ordered to report, which Schedules they shall fill up with the Information required, and transmit to the local Authority. Power to Town Councils, &c. to remove Causes of Complaint certified under Nuisances re IX. The Town Council, Trustees, Commissioners, Guardians, and other Officers and Boards specified in the First Section of the "Nuisances Removal and Diseases Prevention Act, 1848," shall, on the moval, &c. Act. Receipt of a Certificate of any Police Constable or of any Officer appointed for the Inspection of Common Lodging Houses by the local Authority, stating the Existence in or about any Common Lodging House of any of the Causes of Complaint specified in that Section, take all such Proceedings as by that Section are required to be taken by the Town Council, Trustees, Commissioners, Guardians, and other Officers and Boards specified therein on a Notice signed by Two Inhabitant Householders, and in like Manner as nearly as may be as if such Notice had been given; and the local Authority shall have the like Powers, and shall take all such Proceedings, on Receipt of any such Certificate of the Existence of any such Cause of Complaint, as the Town Council, Trustees, Commissioners, Guardians, and other Officers or Boards have and are empowered and required to take under the Provisions of that Act. Appendix 16 & 17 Vic. c. 41. missioners and Commissioners cal Authority under this Act. X. Provided always, notwithstanding any Provision contained in The Oxford Comthis Act, That within the City of Oxford, or the Parts within the Ju- the Cambridge risdiction of the Commissioners for amending certain Mileways leading to act as the Loto Oxford, and making Improvements in the University and City of Oxford, the Suburbs thereof, and the adjoining Parish of Saint Clement, (which Commissioners are herein-after called the Oxford Commissioners,) the several Powers and Duties assigned by this Act to any local Authority shall, in so far as they are consistent with the Laws under which the said Oxford Commissioners act, be exercised by the said Oxford Commissioners; and within the Borough of Cambridge, or the Parts within the Jurisdiction of the Commissioners acting under an Act of the Thirty-fourth Year of the Reign of King George the Third, for amending and enlarging the Powers of a former Act of the same Reign, for the better paving, cleansing, and lighting the Town of Cambridge, for removing and preventing Obstructions and Annoyances, and for widening the Streets, Lanes, and other Passages within that Town, (which Commissioners are herein-after called the Cambridge Commissioners,) the several Powers and Duties aforesaid shall, in so far as they are consistent with the Laws under which the said Cambridge Commissioners act, be exercised by the Cambridge Commissioners. XI. The Fourteenth Section of the recited Act extends to Offences As to Offences against any of the Provisions of this Act, so as to render the Offenders against this Act. liable to the Penalties therein expressed, and any Person convicted of any Offence against the recited Act and this Act, or either of them, may, in default of Payment of the Penalty imposed, be imprisoned for any Term not exceeding Three Months in the Manner provided by Law in that Behalf. Third Offence Persons from XII. Where a Keeper of a Common Lodging House, or a Person Conviction for having or acting in the Care or Management of a Common Lodging to disqualify House, is convicted of a Third Offence against the recited Act and this keeping Common Act, or either of them, the Justices before whom the Conviction for Lodging House. such Third Offence takes place may, if they think fit, adjudge that he shall not at any Time within Five Years after the Conviction, or within such shorter Period after the Conviction as the Justices think fit, keep or have or act in the Care or Management of a Common Lodging House without the previous Licence in Writing of the local Authority, which Appendix Licence the local Authority may withold or may grant on such Terms 16 & 17 Vic. and Conditions as they think fit. c. 41. Acts may be executed by Justices XIII. In a Case in which there are not Petty Sessions for a Place fifthly mentioned in Section Three of the recited Act, that Act and at Petty Sessions. this Act may be executed within and for all and any Part of such Place by the Justices of the Peace acting in Petty Sessions in the Petty Sessional Division within which such Place is comprised. As to Expences of executing Act by Justices. XIV. Where in any Place the recited Act and this Act are executed by Justices in Petty Sessions, the Expenses of and incident to the executing of the recited Act and this Act with respect to such Petty Sessional Division shall be borne by and paid out of the Rates for the Relief of the Poor of the several Parishes or other Places comprised therein in which any Common Lodging House is situate (except so far as there are other Monies applicable to the Purpose), and the Amount of such Expenses shall be ascertained and apportioned by such Justices, and shall be paid accordingly as they order. APPENDIX. No: 9. “THE PUBLIC WORKS LOAN ACT, 1853." After the greater portion of this Work had been printed, the following Act became the Law of the Land. The Act materially affects and alters the powers of borrowing money by the Local Commissioners from the Public Works Loan Commissioners, and of securing and paying off such money, given by the 113th and other Sections of the Public Health Act, incorporated by section 122 of the Local Act, ante, page 164, and all loans to the Cheltenham Commissioners from the Public Works Commissioners will be subject to the following Act. ANNO DECIMO SEXTO AND DECIMO SEPTIMO CAP XL. AN ACT FOR ALTERING THE MODE OF REPAYMENT OF ADVANCES [8th July 1853.] |