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3 & 4 Will. 4, Cap. 90.

Surveyor of
Commission-
ers of Sewers
may enter
into Gas

Works, to see
if there be
any Escape
of Gas, &c.

[LXVIII. Plaintiff not to recover in any Action after Tender of sufficient Amends. Repealed by Statute Law Revision Act, 1894.]

[LXIX. Limitations of Actions. Repealed, and new enactment substituted therefor, by Public Authorities Protection Act, 1893, PP. 415, 416.]

[LXX. Proceedings not to be unlawful for want of form.]

[LXXI.-LXXIII.

of Act.]

Provisions as to partial or joint adoption

LXXIV. (a) It shall be lawful for any Surveyor or other Person or Persons acting by or under the Authority of Commissioners of Sewers, at any Time or Times in the Daytime, to enter into any Manufactory, Gasometer, Receiver, or other Building belonging to any Gas Company or Companies, or the said Inspectors, in order to inspect and examine if there be any Escape of Gas, or any Washings or other Waste Liquids, Substances, or other Things whatsoever, which shall arise or be produced in the Prosecution of the said Gas Works, or in the Manufacture or Process of making or procuring such Gas, into any public Sewer or Drain; and if such Surveyor or other Person or Persons acting by or under the Authority of Commissioners of Sewers shall at any such Time or Times be refused Admittance or Entrance into any such Manufactory, Gasometer, Receiver, or other Building, for the Purpose of making such Inspection and Examination as aforesaid, or on being admitted shall be obstructed in or prevented from making such Inspection and Examination as aforesaid, the said Gas Company or Companies, or the said Inspectors, so offending, shall forfeit and pay for every such Offence the Sum of Twenty Pounds.

[LXXV., LXXVI. Saving of rights of Commissioners of Sewers, &c.]

[LXXVII. Construction of Act.]

[LXXVIII. Public Act. Repealed by Statute Law Revision (No. 2) Act, 1888.]

(a) Introductory words repealed by Statute Law Revision (No. 2) Act, 1888.

3 & 4 Vict., Cap. 108.

MUNICIPAL CORPORATIONS (IRELAND) ACT, 1840.

3 & 4 Vict., Cap. 108. An Act for the Regulation of Municipal Corporations in Ireland. (a)

***

*

[10th August 1840.]

Council may order Parts of Borough not within Local Act as to lighting to be

included in such Act.

CXXIII. * * It shall be lawful for the Comcil of any Borough in any Part of which there is a Local Act for the lighting thereof to make an Order that any Part of such Borough, not being within the Provisions of any Local Act for the lighting thereof, shall, from and after a certain Day to be named in such Order, be taken to be within the Provisions of such Local Act or Acts for lighting any Part of such Borough, as the Council shall specify in such Order; and after such Day the Part named in such Order shall be within the Provisions of the Act or Acts so specified, so far as relates to lighting, or to any Rates authorized to be levied for the Purpose of lighting, as fully as if such Part had been originally named in such Act or Acts, any thing in such Act or Acts to the contrary notwithstanding: Provided always, that every Part named in such Order shall be lighted in the like Manner as those lighting. Parts which before the making of such Order were within the Provisions of such Local Act; and that the Rate to be raised for the Purpose of defraying the Expences of lighting any Part so named in such Order shall not exceed the average expence in the Pound of the lighting of the other Parts of such Borough.

[Words omitted from s. 123 repealed by Statute Law Revision (No. 2) Act, 1890.]

Amount of

Rate for

Council may

assume the Powers of

CXXIV. (b) The Council of any Borough named in the said Schedule (A.) shall have and exercise * * * (c) the Powers given to the Commissioners under the said Act Commissioners made in the Ninth Year of the Reign of His Majesty King under 9 Geo. 4. George the Fourth, intituled "An Act to make Provision c. 82. for lightfor the lighting, cleansing, and watching of Cities, Towns

(a) Short Title, "The Municipal Corporations (Ireland) Act, 1840." See Short Titles Act, 1896, s. 1.

This Act is made subject to adaptation by Order in Council by Local Government (Ireland) Act, 1898, s. 105.

(b) Introductory words repealed by Statute Law Revision (No. 2) Act, 1888.

(c) Words omitted repealed by Statute Law Revision Act, 1892.

ing Streets of any Borough.

3 & 4 Vict., Cap. 108.

Clause.

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Corporate, or Market Towns in Ireland, in certain Cases
(a) so far as relates to the lighting of such Borough, or of
any such Part thereof as shall not, by virtue of the Pro-
visions herein-before contained, be placed within the
Provisions of any Local Act for lighting the same
(b), and the Powers and Duties vested in such
Commissioners (if any) in regard to lighting shall
thereupon cease and determine; but the Council
shall and they are hereby authorized and required
to levy Rates for the Purpose of lighting such Part of the
Borough, not according to the Powers contained in the
said Act of the Ninth Year of the Reign of His Majesty
King George the Fourth, but according to the Provisions
herein-after contained for levying and raising a Borough
Rate: Provided always, that the Appeal given by the
said Act to any Person who may think himself aggrieved
by any Rate laid for the Purpose of lighting shall not be
to the Council, but in like Manner as Appeals against the
Borough Rate herein-after mentioned.

***

Interpretation CCXV. (c) In the Construction of this Act the word Borough" shall be construed to mean City, Borough, or Town Corporate named in One of the Schedules to this Act annexed, and where the Name of such Borough has belonged to a County of a City or County of a Town shall be construed to include in its Meaning County of a City or County of a Town; ***

The following are the Boroughs named in Schedules above referred to, viz. :

(A.) Belfast, Clonmel, Cork, Drogheda, Dublin, Kilkenny, Limerick, Londonderry, Sligo, Waterford.

(B.) Ardee, Armagh, Athlone, Athy, Bandon, Boyle, Callan, Carlow, Carrickfergus, Cashel, Charleville, Cloghnakilty, Coleraine, Dingle, Dundalk, Dungannon, Ennis, Enniscorthy, Enniskillen, Fethard, Galway, Gorey, Kells, Kinsale, Longford, Maryborough, Monaghan, Naas, Navan, New Ross, Portarlington, Strabane, Tralee, Trim, Tuam, Wexford, Wicklow, Youghal.

(I.) Ardfert, Athenry, Baltinglass, Bangor, Belturbet, Carlingford, Castlemartyr, Cavan, Charlemont, Duleek, Hillsborough, Mistioge, Kilbeggan, Kildare, Killileagh, Kilmallock, Lifford, Newtownards, Middleton, Thomastown.

(a) Repealed by s. 110 (2) of Local Government (Ireland) Act, 1898, except so far as applied by any Act or enactment (p. 479.) (b) For removal of this limitation by Order of Borough Council, see Local Government Board (Ireland) Act, 1872, s. 11, p. 254.

(c) Introductory words repealed by Statute Law Revision (No. 2.) Act, 1888.

8 Vict..

Cap. 20.

RAILWAYS CLAUSES CONSOLI-
DATION ACT, 1845.

8 Vict., Cap. 20. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways.

***

[8th May 1845.]

[I.] This Act shall apply to every Railway which shall by any Act which shall hereafter be passed be authorized to be constructed, and this Act shall be incorporated with such Act; and all the Clauses and Provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, form Part of such Act, and be construed together therewith as forming One Act.

***

III. (Scotch Act, s. 3.) The following Words and Expressions, both in this and the Special Act, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)

Operation of this Act con

fined to future Railways.

Interpretations in this

and the Special Act:

Words importing the Singular Number only shall in- Number:
clude the Plural Number; and Words importing
the Plural Number only shall include also the
Singular Number:

Words importing the Masculine Gender only shall Gender :
include Females:

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The Expression "the Company shall mean the

the Com

Company or Party which shall be authorized by the pany." :
Special Act to construct the Railway :

IV. In citing this Act in other Acts of Parliament, and Short Title. in legal Instruments, it shall be sufficient to use the Expression "The Railways Clauses Consolidation Act, 1845."

* * *

XVIII. (Scotch Act, s. 18.) It shall be lawful for the Company, for the Purpose of constructing the Rail

Alteration of

Water and
Gas Pipes, &c.

8 Vict., Cap. 20.

Company not to disturb Pipes until

they have laid down others.

Pipes not to be
laid contrary
to any Act,
and 18 Inches

Surface Road

way, to raise, sink, or otherwise alter the Position
of any of the Watercourses, Water Pipes, or Gas
Pipes belonging to any of the Houses
Houses adjoining
or near to the Railway, and also the Mains and
other Pipes laid down by any Company or Society who
may furnish the Inhabitants of such Houses or Places
with Water or Gas, and also to remove all other Obstruc-
tions to such Construction, so as the same respectively be
done with as little Detriment and Inconvenience to such
Company, Society, or Inhabitants as the Circumstances
will admit, and be done under the Superintendence of the
Company to which such Water Pipes or Gas Pipes belong,
and of the several Commissioners or Trustees, or Persons
having Control of the Pavements, Sewers, Roads, Streets,
Highways, Lanes, and other public Passages and Places
within the Parish or District where such Mains, Pipes, or
Obstructions shall be situate, or of their Surveyor, if they
or he think fit to attend, after receiving not less than
Forty-eight Hours Notice for that Purpose.

XIX. (Scotch Act, s. 19.) Provided always, That it shall not be lawful for the Company to remove or displace any of the Mains or Pipes (other than private Service Pipes), Syphons, Plugs, or other Works belonging to any such Company or Society, or to do anything to impede the Passage of Water or Gas into or through such Mains or Pipes, until good and sufficient Mains or Pipes, Syphons, Plugs, and ail other Works necessary or proper for continuing the Supply of Water or Gas as sufficiently as the same was supplied by the Mains or Pipes proposed to be removed or displaced, shall, at the Expense of the Company, have been first made and laid down in lieu thereof, and be ready for Use, in a Position as little varying from that of the Pipes or Mains proposed to be removed or displaced as may be consistent with the Construction of the Railway, and to the Satisfaction of the Surveyor or Engineer of such Water or Gas Company or Society, or, in case of Disagreement between such Surveyor or Engineer and the Company, as a Justice shall direct.

XX. (Scotch Act, s. 20.) It shall not be lawful for the Company to lay down any such Pipes contrary to the Regulations of any Act of Parliament relating to such Water or Gas Company or to be retained. Society, or to cause any Road to be lowered for the Purposes of the Railway, without leaving a Covering of not less than Eighteen Inches from the Surface of the Road over such Mains or Pipes.

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