to appoint such additional and other officers, clerks, and servants, and at such salaries, as the said Commissioners of the Treasury may think proper and necessary, and from time to time to dismiss such officers, clerks, and servants, and to appoint others in their place and stead, and also to make such orders, rules, and regulations, and from time to time to vary and alter the same, as they the said Commissioners of Her Majesty's Treasury may think necessary and proper for the full and effectual execution of the provisions of the said recited Acts and this Act, and of the discharge of the duties of the Commissioners of Public Works for the time being thereunder. x. That this Act may be amended or repealed by any Act to be passed in the present session of Parliament. CAP. LXXXVII.-IRELAND. AN ACT for promoting the voluntary Establishment in Boroughs and certain Cities and Towns in Ireland of public Baths and Wash-houses. (26th August 1846.) ABSTRACT OF THE ENACTMENTS. 1. Act may be adopted in any incorporated borough in Ireland regulated under 3 & 4 Vict. c. 108; and also in any city or town in which Commissioners have been elected under 9 Geo. 4. c. 82. 2. Interpretation of Act. 3. Council of any borough, or Commissioners for any city or town, may adopt this Act, if they think fit. 4. Expenses of carrying this Act into execution shall be charged upon the borough fund or town fund, and income arising carried to the same. 5. Town Council and Commissioners to cause separate accounts to be kept.-Accounts, when audited, to be transmitted to Lord Lieutenant, and a copy deposited with the town clerk, &c., and be open to inspection. 6. Incorporation of Town Commissioners for the purposes of this Act. 7. Councils and Town Commissioners may borrow money for the purposes of the Act. 8. The Public Works Loan Commissioners acting under 6 & 7 Vict. c. 44. may grant loans on security of borough fund, &c. 9. Provisions of 8 & 9 Vict. c. 16. respecting borrowing money, accountability of officers, bye-laws, damages and penalties, incorporated with this Act. 10. Councils and Town Commissioners, with approval of the Treasury, may purchase, &c. lands for the purposes of this Act. 11. Councils and Town Commissioners may erect buildings for public baths and wash-houses, and open bathing places. 12. Councils and Town Commissioners may enter into contracts for the purposes of this Act.-No contract above 100l. to be entered into unless fourteen days' notice has been given. 13. Council or Town Commissioners may purchase existing baths, &c. if they think fit. 14. Power to water and gas companies to supply water and gas to baths, &c. 15. Councillors and Town Commissioners not to be personally liable. 16. Persons may appeal against orders of Councils and Town Commissioners. 17. Councils or Commissioners may make sale and exchange of lands with consent of Treasury. 18. When baths, &c. are considered unnecessary, they may, with approval of Treasury, be sold, and proceeds carried to borough or town fund. 19. Management to be vested in Councils and Town Commissioners. 20. Council and Commissioners may make bye-laws for regulating the use of baths and wash-houses, &c. and charges thereat.— Bye-laws to be approved by the Secretary of State. 21. Copies or abstracts of bye-laws to be hung up in every bath room and open bathing place, &c. 22. Proportion of baths for the labouring classes. 23. Charges to be fixed by Councils and Town Commissioners, not exceeding those in Schedule (B). 24. As to the recovery of charges at wash-houses. 25. Penalty for officers taking fees beyond salaries, or being interested in contracts;—also for Councillors and Commissioners taking fees, or being interested in contracts. 26. Application of penalties. 27. Act may be amended, &c. By this ACT, After reciting that it is desirable, for the health, comfort, and welfare of the inhabitants of cities and towns in Ireland, to encourage the establishment therein of public baths and wash-houses, and public open bathing places; It is Enacted, I. That this Act may be adopted for any incorporated borough in Ireland which is regulated under an Act, 3 & 4 Vict. c. 108, to provide for the regulation of municipal corporations in Ireland, or any charter granted in pursuance of the said Act, or any Act passed for the amendment thereof; and also for any city or town in Ireland in which any Commissioners shall have been or shall be elected under an Act, 9 Geo. 4. c. 82, intituled, 'An Act to make Provision for the lighting, cleansing, and watching of Cities, Towns Corporate, and Market Towns in Ireland, in certain Cases;' and for any city-or VOL. XXIV.-STAT. 2 D town in Ireland in which there shall be Commissioners or trustees, or other persons appointed for the time being, under any local or other Act or Acts, for paving, flagging, lighting, watching, cleansing, or improving such town, or for any of such purposes, and in which respectively there shall not be a Town Council elected under the provisions of the said Act, 3 & 4 Vict. c. 108. II. That in this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say); "Town" shall include any borough in which Commissioners, trustees, or other persons have been or shall be elected or appointed under the provisions of the said Act, 9 Geo. 4. c. 82, or any such local or other Act or Acts as aforesaid, for the purposes of executing the provisions or powers of such Act or Acts, or superintending the execution of the same, and in which there shall not be a Town Council elected under the provisions of the said Act, 3 & 4 Vict. c. 108: "Town rate" shall mean the rate or rates authorized in each case to be levied by any such Commissioners, trustees, or other such persons as aforesaid, elected or appointed for any city or town under the provisions of the said Act, 9 Geo. 4. c. 82, or any such local or other Act or Acts as aforesaid: "Town fund" shall mean the town fund, or the rates or property vested in and under the controul and direction of any such Town Commissioners for any such city or town as last aforesaid, applicable to the purposes of the said Act, 9 Geo. 4. c. 82, or the said Act, 3 & 4 Vict. c. 108, or any of them, or the rates, funds, or property vested in any such Commissioners, trustees, or other persons as aforesaid, under any such local or other Act or Acts as aforesaid, and applicable to the purposes of such local or other Act or Acts: "Town Commissioners" shall mean the Commissioners for the time being elected under the provisions of the said Act, 9 Geo. 4. c. 82, for any such city or town in Ireland, or the Commissioners, trustees, or other such persons as aforesaid appointed for the time being under any such local or other Act or Acts as aforesaid for any such city or town, for paving, flagging, lighting, watching, or cleansing or improving the same, or for any of such purposes: "Clerk" shall mean, as regards an incorporated borough, the town clerk of such borough, and as regards a city or town in which there shall be Commissioners, trustees, or other such persons as aforesaid under the provisions of the said Act, 9 Geo. 4. c. 82, or any such local or other Act or Acts as aforesaid, the clerk appointed by the Town Commissioners: "Justice" shall mean Justice of the Peace for the county, riding, division, liberty, borough, or place where the matter requiring the cognizance of Justices shall arise: "Lands" shall mean lands, tenements, and hereditaments, of whatsoever nature or tenure: Words importing the masculine gender shall include the feminine: Words of the plural number shall include the singular, and words of the singular number shall include the plural. III. That the Council of any such incorporated borough as aforesaid, or the Town Commissioners for any such city or town as aforesaid, in which there shall not be a Town Council, may, if they think fit, determine that this Act shall be adopted for such borough, or for such city or town as aforesaid; and then and in such case such of the provisions of this Act as are applicable in that behalf shall thenceforth take effect and come into operation in such borough, or such city or town, as the case may be; and this Act shall be carried into execution in such borough, or in such city or town, in accordance with such provisions, and the laws for the time being in force relating to the municipal corporation of such borough, or relating to such city or town, under the provisions of the said Act, 9 Geo. 4. c. 82, or of such local or other Act or Acts as aforesaid, as the case may be. IV. That the expenses of carrying this Act into execution in any such borough or such city or town in which the Council or Town Commissioners respectively shall have resolved to adopt this Act for their borough or city or town respectively shall be chargeable upon and paid out of the borough fund or town fund respectively; and for that purpose the Council or Town Commissioners may levy with and as part of the borough rate or town rate respectively, or by a separate rate to be assessed, levied, paid, and recovered in like manner and with the like powers and remedies in all respects as the borough rate or town rate, such sums of money as shall be from time to time necessary for defraying such expenses, and shall apply the same accordingly, as if the expense of carrying this Act into execution were an expense necessarily incurred in carrying into effect the provisions of the said Act, 3 & 4 Vict. c. 108, or the said Act, 9 Geo. 4. c. 82, or of such local or other Act or Acts as aforesaid, as the case may be; and the income arising from the baths and wash-houses and open bathing places in any borough or city or town shall be paid to the credit of the borough fund or town fund thereof; and the Council and Town Commissioners respectively shall keep distinct accounts of their receipts, payments, credits, and liabilities, with reference to the execution of this Act, to be called "The public Baths and Wash-houses Account." v. That when the Town Council of any such borough as aforesaid, or the Town Commissioners for any such city or town as aforesaid, shall have adopted this Act for their borough, city, or town respectively, they shall cause their treasurer, or where there shall be no treasurer such person as they shall appoint, to keep a true and regular account of all sums of money expended by them in the purchase of any land or buildings for the purpose of erecting baths or wash-houses thereon, or in the purchase of any baths now erected, and of all sums of money borrowed by them under the powers of this Act, and of all expenses incurred by them for or on account of the purposes of this Act; and the said account shall be examined, balanced, and audited in like manner and at the same time as all other accounts of receipts and payments of such borough, city, or town respectively are examined, balanced, and audited; and the said Council or Town Commissioners shall, within one month after the same shall have been examined and balanced or audited, transmit to the Lord Lieutenant or other chief governor or governors of Ireland for the time being a true and correct copy of such account; and the said Council or Town Commissioners shall also within the time aforesaid cause a copy of such account to be deposited in the office of the town clerk, or of such person as they shall appoint to execute the duties of clerk of such Council or Commissioners, within one month after the same shall have been audited; and the said account shall be open to the inspection of all inhabitants of such borough, city, or town, and copies thereof shall be delivered to any inhabitant of such borough, city, or town applying for the same, upon payment of a reasonable charge for the same, to be fixed by the Town Council or Town Commissioners, as the case shall be. And for the more easy execution of the purposes of this Act, It is Enacted, VI. That the Town Commissioners of every such city or town as aforesaid shall for the purposes of this Act be a body corporate, with perpetual succession, which shall not be deemed to be interrupted by any partial or total vacancy from time to time in their office, by the name of "The Town Commissioners for public Baths and Wash-houses in the Town of ( > in the County of ( )," and by that name may sue and be sued in all courts, and before all Justices and others, and may have and use a common seal, and by that name may take, hold, and convey any lands vested in them for the purposes of this Act. VII. That for carrying this Act into execution in any borough or city or town respectively the Council or the Town Commissioners, with the approval of the Commissioners of Her Majesty's Treasury, may from time to time borrow at interest, on the security, as the case may be, of the borough fund or of the town fund, the money which may be by them respectively required, and shall apply the monies so borrowed accordingly. VIII. That the Commissioners acting in the execution of an Act, 6 & 7 Vict. c. 44, intituled An Act to amend the Acts for carrying on Public Works in Ireland,' may from time to time make to the Council of any such borough, or the Town Commissioners of any such city, borough, or town respectively, for the purposes of this Act, any loan under the provisions of the said Act, or of any Act in force therein recited, upon the security of a mortgage of the borough fund or the town fund, as the case may be. IX. That the provisions of the Companies Clauses Consolidation Act, 1845, with respect to the borrowing of money by any company on mortgage, and the provisions of the same Act with respect to the accountability of the officers of the company, and the provisions of the same Act with respect to the making of bye-laws, subject to the provision hereinafter contained, and the provisions of the same Act with respect to the recovery of damages not specially provided for, and penalties, so far as such provisions may respectively be applicable to the purposes of this Act, shall be respectively incorporated with this Act; and the expressions in such provisions applicable to the company and the directors shall apply, as regards a borough, to the Council, and as regards any such city or town as aforesaid, to the Town Commissioners; and all deeds and writings which under such provisions are required or directed to be made or executed under the common seal of the company shall, in the application of such provisions to this Act, be deemed to be required or directed to be made or executed, as regards a borough, under the common seal of the mayor, aldermen, and burgesses, and as regards any such city or town as aforesaid under the common seal of the Town Commissioners for public baths and wash-houses; and so much of such provisions as are applicable to the "secretary of the company" shall apply to the clerk; and in such of the said provisions as relate to the inspection of accounts, as regards a borough, the burgesses, and as regards any such city or town as aforesaid, the persons in each case qualified to vote at the election of the respective Town Commissioners, shall have the privileges of shareholders. x. That in any such borough the Council, or in any such city or town the Town Commissioners, (as the case may be,) with the approval of the Commissioners of Her Majesty's Treasury, may from time to time appropriate for the purposes of this Act in the borough or such city or town any lands vested in the mayor, aldermen, and burgesses, or the Town Commissioners respectively; and in any such borough the Council, and in any such city or town as aforesaid the Town Commissioners, may from time to time contract for the purchasing or renting of any lands necessary for the purposes of this Act. XI. That the Council and Town Commissioners respectively may from time to time, on any lands so appropriated, purchased, or rented, or contracted so to be respectively, erect any building suitable for public baths and wash houses, and as to such wash-houses either with or without open drying grounds, and make any open bathing-places, and convert any buildings into public baths and wash-houses, and may from time to time alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. XII. That the Council and Town Commissioners respectively may from time to time enter into any contract with any persons or companies for building and making, and for altering, enlarging, repairing, and improving, such public baths and washhouses, and public open bathing places, and for supplying the same respectively with water, and for lighting the same respectively, and for fitting up the same respectively, and for furnishing any materials and things, and for executing and doing any other works and things necessary for the purposes of this Act; which contracts respectively shall specify the several works and things to be executed, furnished, and done, and the prices to be paid for the same, and the times when the works and things are to be executed, furnished, and done, and the penalties to be suffered in cases of nonperformance; and all such contracts, or true copies thereof, shall be entered in books to be kept for that purpose: Provided always, that no contract above the value or sum of 1001. shall be entered into by the Council or the Town Commissioners for the purposes of this Act, unless previous to the making thereof fourteen days' notice shall be given in one or more of the public newspapers published in the county in which the borough or such city or town shall be situated, expressing the intention of entering into such contract, in order that any person willing to undertake the same may make proposals for that purpose, to be offered to the Council or Town Commissioners at a certain time and place in such notice to be mentioned; but it shall not be incumbent on the Council or Town Commissioners to contract with the person offering the lowest price. XIII. That the Council of any such borough and the Town Commissioners respectively, as the case may be, may, if they shall think fit, contract for the purchase or lease of any baths and wash-houses already or hereafter to be built and provided in any such borough or such city or town as aforesaid, and appropriate the same to the purposes of this Act, with such additions or alterations as they shall respectively deem necessary; and the trustees of any public baths and wash-houses which have been already or may hereafter be built or provided in any such borough or such city or town, by private subscriptions or otherwise, may, with the consent of the Council of any such borough, or with the consent of the Town Commissioners, as the case may be, and with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell or lease the said baths and wash-houses to the said Council or Town Commissioners respectively, or make over to them the management of such baths and wash-houses; and in all such cases the baths and wash-houses so purchased or leased, or of which the manage ment has been so made over, shall be deemed to be within the provisions of this Act, as fully as if they had been built or provided by the said Council or Town Commissioners ; and the property therein shall be vested in the mayor, aldermen, and burgesses, in the case of a borough, or in the Town Commissioners in the case of any such city or town as aforesaid, as hereinbefore provided. XIV. That any Commissioners of waterworks, trustees of waterworks, water companies, canal companies, gas companies, and other corporations, bodies, and persons having the management of any waterworks, canals, reservoirs, wells, springs, and streams of water, and gas works respectively, may, in their discretion, grant and furnish supplies of water for such public baths and wash-houses and open bathing places, either without charge or on such other favourable terms as they shall think fit. xv. That nothing in this Act contained shall render any member of the Council of any borough or any Town Commissioner personally, or any of their lands, goods, chattels, or monies, (other than such lands, goods, chattels, or monies as may be vested in or under the management or controul of the Council or Town Commissioners respectively in pursuance of this Act,) liable to the payment of any sum of money as or by way of compensation or satisfaction for or in respect of anything done or suffered in due pursuance of this Act. XVI. That every person who shall feel aggrieved by any bye-law, order, direction, or appointment of or by the Council or Town Commissioners shall have the like power of appeal to the General Quarter Sessions as, under the provisions of the Companies Clauses Consolidation Act, 1845, incorporated with this Act, he might have if feeling aggrieved by any determination of any Justice with respect to any penalty. XVII. That the Council or Town Commissioners respectively, with the approval of the Commissioners of Her Majesty's Treasury, may from time to time make sale and dispose of any lands vested in the mayor, aldermen, and burgesses, or in the Town Commissioners respectively, for the purposes of this Act, and apply the proceeds in or toward the purchase of other lands better adapted for such purposes, and may, with the like approval, exchange any lands so vested, and either with or without paying or receiving any money for equality of exchange, for any other lands better adapted for such purposes; and the mayor, aldermen, and burgesses, or the Town Commissioners, may convey the lands so sold or exchanged accordingly. XVIII. That whenever any public baths or wash-houses or open bathing places which shall have been for seven years or upwards established under the authority of this Act shall be determined by the Council or by the Town Commissioners respectively to be unnecessary, or too expensive to be kept up, the Council or Town Commissioners, with the approval of the Commissioners of Her Majesty's Treasury, may sell the same for the best price that can reasonably be obtained for the same; and the mayor, aldermen, and burgesses, or the Town Commissioners respectively, shall convey the same accordingly; and the purchasemoney shall be paid to such person as the Council or Town Commissioners shall appoint, and his receipt shall be a sufficient discharge for the same; and the net proceeds of such sale shall be paid to the credit of the borough fund or of the town fund, as the case may be. XIX. That the general management, regulation, and controul of the public baths and wash-houses and open bathing places established under this Act shall, subject to the provisions of this Act, be, as to any borough, vested in and exercised by the Council, and as to any such city or town as aforesaid vested in and exercised by the Town Commissioners. xx. That the bye-laws which the Council and Town Commissioners respectively may from time to time make, alter, repeal, and enforce, shall include such bye-laws for the management, use, and regulation of the public baths and wash-houses and open bathing places, and of the persons resorting thereto respectively, and for determining from time to time the charges for the use of such baths and wash-houses and open bathing places respectively, as the Council and Town Commissioners respectively shall think fit; and they respectively may appoint any penalty not exceeding 51. for any and every breach, whether by their officers or servants or by other persons, of any bye-law made by them respectively; and such bye-laws shall make sufficient provision for the several purposes respectively expressed in the Schedule (A.) to this Act: Provided always, that no bye-law made under the authority of this Act shall have any effect until the same shall have received the approval of one of Her Majesty's principal Secretaries of State. XXI. That a printed copy or sufficient abstract of the bye-laws relating to the use of the baths and open bathing places respectively shall be put up in every bath room and open bathing place respectively; and a printed copy or sufficient abstract of the bye-laws relating to the use of the wash-houses shall be put up in some convenient place near every washing tub or trough, or every pair of washing tubs or troughs, in every wash-house." XXII. That the number of baths for the labouring classes in any building or buildings under the management of the same Council or Town Commissioners shall not be less than twice the number of the baths of any higher class, if but one, or of all the baths of any higher classes, if more than one, in the same building or buildings. XXIII. That the Council and the Town Commissioners respectively may from time to time make such reasonable charges for the use of the baths and wash-houses and open bathing places respectively provided under this Act as they shall think fit, but not exceeding such charges as are mentioned in the Schedule (B.) annexed to this Act, unless for the use of any washing tub or trough for more than two hours in any one day, for which any charges may be made which the Council or Town Commissioners respectively shall deem reasonable. XXIV. That for the recovery of the charges at such wash-houses the officers, servants, and others having the management thereof may detain the clothes brought to be washed, or other goods and chattels of any person refusing to pay the charge to which such person may be liable, or any part thereof, till full payment thereof be made, and, in case snch payment be not made within seven days, may sell such clothes, goods, and chattels, or any of them, returning the surplus proceeds of such sale, after deducting the unpaid charge, and the expenses of such detention and sale, and the unsold articles, if any, on demand, to such person. xxv. That if any clerk or other officer, or any servant who shall be in anywise employed by any Council or Town Commissioner in pursuance of this Act, shall exact or accept any fee or reward whatsoever, for or on account of anything done, or forborne or to be done or forborne in pursuance of this Act, or on any account whatsoever relative to putting this Act into execution, other than such salaries, wages, or allowances as shall have been appointed by the Council or Town Commissioners, or shall in anywise be concerned or interested in any bargain or contract made by the Council or Town Commissioners for or on account of anything done or forborne or to be done or forborne in pursuance of this Act, or on any account whatsoever relative to the putting of this Act into execution, or if any person during the time he holds the office of member of the Council or Town Commissioner shall exact or accept any such fee or reward, or shall accept or hold any office or place of trust created by virtue of this Act, or be concerned directly or indirectly in any such bargain or contract, every such person so offending shall be incapable of ever serving or being employed under this Act, and shall for every such offence also forfeit the sum of 50%. XXVI. That such part of any penalty recovered under this Act as shall not be awarded to the informer shall be paid to the credit, as regards a borough, of the borough fund, and as regards any such city or town as aforesaid, of the town fund. XXVII. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. SCHEDULES referred to by the foregoing Act. SCHEDULE (A.) Bye-Laws to be made in all Cases For securing that the Baths and Wash-houses and open Bathing Places shall be under the due Management and Controul of the Officers, Servants, or others appointed or employed in that Behalf by the Council or Town Commissioners. For securing adequate Privacy to persons using the Baths and Wash-houses and open Bathing Places, and Security against Accidents to Persons using the open Bathing Places. For securing that Men, and Boys above Eight Years old, shall bathe separately from Women and Girls and Children under Eight Years old. For preventing Damage, Disturbance, Interruption, and indecent and offensive Language and Behaviour, and Nuisances. For determining the Duties of the Officers, Servants, and others appointed by the Council or Town Commissioners. SCHEDULE (B.) Maximum Charges during the first Seven Years after the Establishments are opened for public Use; and after such Seven Years, except only so long a ter such Seven Years as higher Charges may be necessary for defraying the current Expenses of the Establishments. Baths for the labouring Classes, supplied with clean Water for every Bather, or for several Children bathing together: For One Person above Eight Years old, including the Use of One clean Towel: Cold Bath. Warm Bath For several Children, not exceeding Four, including the Use of One clean Towel for every Child: Cold Bath. Warm Bath One Penny. Two-pence. Wash-houses for the labouring Classes, supplied with Conveniences for washing and drying Clothes and other Articles: For One Hour only in any One Day For Two consecutive Hours only in any One Day Such Charges to include the Use of the drying Apparatus for drying all the Articles washed. Open Bathing Places, where several Persons bathe in the same Water: For One Person One Penny One Halfpenny. CAP. LXXXVIII. AN ACT to remove Doubts as to the Legality of certain Assignments of Ecclesiastical Patronage. (26th August 1846.) ABSTRACT OF THE ENACTMENTS. 1. Proceedings under the Augmentation Acts and Church Buildings Acts to be deemed lawful. 2. Act may be amended, &c. |