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Cap. 163.

and of a corresponding Width; and such Inscriptions shall 11 & 12 Vict., be renewed or repaired and repainted as often as Occasion shall require; and if any Person appointed or to be appointed Inspector as aforesaid shall refuse or neglect to cause such Inscription to be painted, or to be renewed when necessary, he shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds.

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CCXXXI. Any Summons, Notice, Writ, or other Proceeding at Law or in Equity required to be served upon the Commissioners (a) may lawfully be served by delivering the same personally to the Clerk, or by leaving the same at the Office of the Commissioners (a).

CCXXXII. Any Notice which by this Act, or by any Act incorporated herewith, may be required to be given to any Person, may lawfully be served by delivering the same to such Person, or by delivering the same to his Wife or Servant, or any Inmate, at his usual Place of Residence or Business, or in case such Place is not known, by affixing or leaving the same on or at his last known Place of Residence or Business.

Service of
Notice on

Commis-
sioners (a).

Service of
Notice on

other Persons.

CCXXXIII. Every Summons, Demand, or Notice, or Authenticaother like Document given under the Provisions of this tion of Notices. Act, may be in Writing or Print, or partly in Writing and partly in Print, and shall be sufficiently authenticated it signed by the Clerk.

***

[CCXXXV. Tender of Amends.]

CCXXXVI. In all Cases where the Amount of any Damages, Costs, or Expenses is by this Act directed to be ascertained or recovered in a summary Manner, or any Damages, Costs, or Expenses are by this Act directed to be paid, and the Method of ascertaining the Amount or enforcing the Payment thereof is not provided for, such Amount, in case of Dispute, shall be ascertained and determined by any Justice; and if the Amount so ascertained be not paid by the Commissioners (a) or other Party liable to pay the same within Seven Days after Demand, the Amount may be recovered by Distress of the Goods of the Commissioners (a) or other Party liable as aforesaid, and any Justice, on Application, shall issue his Warrant accordingly.

***

(a) Now Common Council. See note (a), p. 90.

Provision for Damages not provided for.

otherwise

11 & 12 Vict., Cap. 163.

Penalties.

CCXL. The Commissioners (a) shail publish the short Particulars of the several Offences for which any Penalty is imposed by this Act, or by any Rule or RegulaPublication of tion of the Commissioners (a), affecting other Persons than the Officers or Servants of the Commissioners (a), and of the Amount of every such Penalty, and shall cause such Particulars to be painted on a Board, or printed upon Paper pasted thereon, and shall cause such Board to be hung up or affixed in some conspicuous Place in the Office of the Commissioners (a), and where any such Penalties are of local Application shall cause such Boards or Papers to be affixed in some conspicuous Place in the immediate Neighbourhood to which such Penalties are applicable or have reference, and which Particulars shall be renewed as often as the same or any Part thereof shall be obliterated or destroyed; and no such Penalty shall be recoverable unless it shall have been published and kept published in the Manner herein-before required.

Penalty for defacing

Boards used for such Publications.

Interpretation of Act:

Number:

Gender:
44 Month:

"Person :

"Oath: "

CCXLI. If any Person shall pull down or injure any Board put up or required by this Act for the Purpose of publishing any Rule or Regulation or Penalty, or shall obliterate any of the Letters or Figures thereon, he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expenses attending the Restoration of such Board.

[CCXLII.-CCLV. Recovery and Application of

penalties.]

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CCLXII. 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,)

Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number: Words importing the Masculine Gender only shall include Females: The Word "Month" shall mean Calendar Month: The Word "Person" shall include Corporations, whether aggregate or sole: The Word "Oath" shall include Affirmation in the Case of Quakers, or other Declaration or Solemnity lawfully substituted for an Oath in the Case of any other Person exempted by Law from the Necessity of taking an Oath; and the Power of administering

(a) Now Common Council. See note (a), p. 90.

Oaths shall include the Power of taking Affirma- 11 & 12 Vict.,
tions:
Cap. 163.

The Word "City" shall mean the City of London and
the Liberties thereof, and shall include such Parts of "City:"
Holborn, the Minories, and Aldersgate Street as are
or have been usually treated as being within the
Liberties of the City, and the Courts and Alleys lead-
ing into the same or communicating therewith, and
also the North Side of Eldon Street, formerly called
Broker Row, Moorfields, and the Courts and Alleys
leading into the same or communicating therewith,
and all Precincts and Places within the City of
London or the Liberties thereof: ***

The Expression "the Commissioners" (a) shall mean "Commisthe Commissioners of Sewers of the City of sioners: " London:

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"Consent:

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'Licence:'

'Superior Courts: "

The word "Clerk" shall mean the principal Clerk for "Clerk:"' the time being of the Commissioners (a) : The Words "Permission of the Commissioners (a), or Permission :" "Consent of the Commissioners" (a), or Licence of the Commissioners (a), shall respectively mean Permission, Consent, or Licence in Writing, signed by the Clerk, or by such other Person as the Commissioners (a) shall from Time to Time authorize to give or grant such Permission, Consent, or Licence respectively: The Words Superior Courts" shall mean Her Majesty's Superior Courts of Record at Westminster, and shall include the Mayor's Court and the Sheriff's Court of the City of London: The Words "General or Quarter Sessions" shall mean the General or Quarter Sessions of the Peace of the City of London: The Words "Justice" shall include the Lord Mayor, or any Justice, Alderman, or the Recorder of the City of London: When any "Two Matter shall be authorized or required to be done by Justices:'' or before Two Justices, the Expression "Two Justices" shall be understood to mean Two or more Justices assembled and sitting together in Petty Sessions, or the Lord Mayor or any One Alderman of the City of London: ***

"

General or

Quarter
Sessions:'

"Justice: "

The Word "Street" shall include any Square, Street, "Street: "
Court, Alley, Footpath, Footway, Highway, Lane,
Road, Thoroughfare, or public Passage or Place:

The Word "Court" shall mean any present or future "Court:"
Court, or Passage leading into a Court, or any pre-
sent or future Alley, or other Way or Place, having a

(a) Now Common Council. See note (a), p. 90.

11 & 12 Vict., Cap. 163.

"Passage: "'

Public Place:"

"Pavement:"

Commencement of Act.

House or Houses or the principal Entrance into a House therein, but not having a Road or Carriageway: The Word "Passage" shall mean any present or future Passage, Alley, or other Way or Place not having a House or Houses or the principal Entrance into a House therein, but merely leading into any Street or Court, or to any House in such Street or Court, and not being a Road or Carriageway: The Word "public Place" shall mean any Place to which the Public have Power of Access, either by Day or by Night: The Word "Pavement" shall include Stone of all Kinds, Bricks, Tiles, Wood. Asphalte, or any other Preparation, or any Materials used in lieu of Paving Stones, by or with the Approbation of the Commissioners: (a) ***

And whenever any Forfeiture, Penalty, or Damage is payable to a Party aggrieved, it shall be payable to a Body Corporate in like manner as to an Individual; and where the doing of any Act or Thing is made punishable by this Act, or by any of the Rules or Regulations to be made by the Commissioners (a) in pursuance thereof, with any Penalty, Fine, or Forfeiture, the causing, procuring, permitting, or suffering such Act or Thing to be done shall be punishable in like Manner.

* * *

CCLXIV. This Act shall commence and come into operation on the First Day of January next after the passing thereof, * * *.

[Remainder of section 264 repealed by City of London Sewers Act, 1851, s. 1, p. 103.]

(a) Now Common Council. See note (a), p. 90.

14 & 15 Vict., Cap. 91.

CITY

OF LONDON SEWERS
ACT, 1851.

14 & 15 Vict., Cap. 91. An Act to continue "The City of London Sewers Act, 1848," and to alter and amend the Provisions of the said Act.

[Preamble.]

(a)
[24th July 1851.]

I. So much of the Two hundred and sixty-fourth Section of "The City of London Sewers Act, 1848," as declared that the said Act shall continue in force for Two Years next after the First Day of January then next, and thence to the End of the then next Session of Parliament, shall be and the same is hereby repealed.

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XLVIII. From and after the First Day of January One thousand eight hundred and fifty-two, every Furnace employed or to be employed in the working of Engines by Steam, and every Furnace employed or to be employed in any Mill, Factory, Printing House, Dyehouse, Iron Foundry, Glasshouse, Distillery, Brewhouse, Bakehouse, Gasworks, Waterworks, or other Buildings used for the Purpose of Trade or Manufacture within the City (although a Steam Engine be not used or employed therein), shall in all Cases be constructed or altered so as to consume the Smoke arising from such Furnace; and if any Person shall, after the First Day of January One thousand eight hundred and fifty-two, use any such Furnace which shall not be constructed so as to consume or burn its own Smoke, or shall so negligently use any such Furnace as that the Smoke arising therefrom shall not be effectually consumed or burnt, or shall carry on any Trade or Business which shall occasion any noxious or offensive Effluvia, or otherwise annoy the Neighbourhood or Inhabitants, without using, to the Satisfaction of the Commissioners, (b) the best practicable Means for preventing or counteracting such Annoyance, every Person

"

(a) Short Title, The City of London Sewers Act, 1851." See s. 62.

(b) Now Common Council of the City of London. See City of London Sewers Act, 1897, s. 7, p. 470.

So much of
Sect. 264 of

11 & 12 Vict.
cap. 163. as

relates to Continuance of Act repealed.

After 1st Jan. 1852, Furnaces

to consume

their own
Smoke.

Penalty on

Neglect.

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