TOWNS IMPROVEMENT Io & II Vict., Cap. 34. An Act for consolidating in One Act certain Provisions usually contained in Acts for paving, draining, cleansing, lighting, and improving Towns. (a) [21st June 1847.] [Preamble and introductory words to s. 1 repealed by Statute Law Revision Act, 1891.] [I.] This Act shall extend only to such Towns or Districts in England or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Town or District which shall be comprised in such Act, and to the Commissioners appointed for improving and regulating the same, so far as such Clauses shall be applicable thereto respectively, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act. And with respect to the Construction of this Act, whether incorporated in whole or in part with any other Act, and of any Act incorporated therewith, be it enacted as follows: II. The Expression "the Special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed for the Improvement or Regulation of any Town or District, or of any Class of Towns or Districts defined or comprised therein, and with which this Act shall be incorporated; and the Word "prescribed" used in this Act in reference to any Matter herein stated shall be construed to refer to such Matter as the same shall be prescribed or provided for in the Special Act, and the Sentence in which such Word shall occur shall be construed as if, instead of the Word " prescribed" the Expression "prescribed for that Purpose in the Special Act" had been used; and the Expression (a) Short Title, "The Towns Improvement Clauses Act, 1847.” See s. 4. "the Commissioners shall mean the Commissioners, 10 & 11 Vict., Trustees, or other Persons or Body Corporate intrusted by Cap. 34. the Special Act with Powers for executing the Purposes thereof. "the Commissioners."' cial Act: III. The following Words and Expressions in both Interpretathis and the Special Act, and any Act incorporated there- tions in this with, shall have the Meanings hereby assigned to them, and the Speunless there be something in the Subject or Context repugnant to such Construction; (that is to say,) Words importing the Singular Number shall include Number: the Plural Number, and Words importing the Plural Number shall include the Singular Number: Words importing the Masculine Gender shall include Gender: Females: * * * * The Word Street: " "Owner:" The Word "Person" shall include a Corporation "Person: whether aggregate or sole: "Street" shall extend to and include any Road, Square, Court, Alley, and Thoroughfare within the Limits of the Special Act: * * The Word "Owner," used with reference to any Lands or Buildings in respect of which any Work is required to be done, or any Rate to be paid, under this or the Special Act, shall mean the Person for the Time being entitled to receive, or who, if such Lands or Buildings were let to a Tenant at Rackrent, would be entitled to receive the Rackrent from the Occupier thereof: IV. In citing this Act in other Acts of Parliament, Short Title and in legal Instruments, it shall be enough to use the of this Act. Expression "The Towns Improvement Clauses Act, 1847." LXI. For the Purposes of this or the special Act, if the Commissioners deem it necessary to raise, sink, or otherwise alter the Situation of any Water Pipe or Gas Pipe, or other Waterworks or Gasworks laid in any of the Streets, they may from Time to Time, by Notice in Writing, require the Person to whom any such Pipes or Works belong, to cause forthwith, as soon as conveniently may be, any such Pipes or Works to be raised, sunk, or otherwise altered in Position in such Manner as the Commissioners direct; provided that such Alteration be not such as permanently to injure such Works, or to prevent the Water or Gas from flowing as freely and conveniently as before; and the Expenses attending such raising, sinking, or altering, and full Compensation for every Damage done thereby, shall be paid by the Commissioners, as well to the Persons to whom such Pipes or Works belong as to all other Persons. Situation of Water Pipes Commis sioners. 10 & 11 Vict., Cap. 34. If Gas or Water Company neglect to make the Alteration, the Commis sioners may cause the same to be done. Lighting. Commis sioners may contract for lighting the Streets. For ascertaining Price to be paid for Gas in case of Dispute. Water. Power to Commissioners to construct Public Cisterns and Pumps for Supply of Water to Baths and Washhouses. LXII. If the Person to whom any such Pipes or Works belong do not proceed forthwith, or as soon as conveniently may be after the Receipt of such Notice, to cause the same to be raised, sunk, or altered, in such Manner as the Commissioners require, the Commissioners may themselves cause such Pipes or Works to be raised, sunk, or altered as they think fit; provided that such Works be not permanently injured thereby, or the Water or Gas prevented from flowing as freely and conveniently as before. *** And with respect to lighting the Town or District, be it enacted as follows: CXIX. The Commissioners may contract for the prescribed Period or (where no Period shall be prescribed) for any Period not exceeding Three Years at any One Time, with the Owners of any Gasworks, or with any other Person, for the Supply of such Gas or Oil or other Means of lighting, and may provide such Lamps, Lamp Posts, and other Works as the Commissioners think necessary for lighting such Streets. CXX. If the Commissioners, and the Owners of any Gasworks authorized by Act of Parliament to supply Gas within the Limits of the Special Act, and with whom the Commissioners may be desirous of contracting, shall not agree as to the Price to be paid for such Supply, then such Price shall be settled by Arbitration; and for that Purpose the Clauses of the Lands Clauses Consolidation Act, 1845, with respect to the Settlement of Disputes by Arbitration, shall be incorporated with this and the Special Act. And with respect to the Supply of Water, be it enacted as follows: CXXI. The Commissioners shall cause all existing public Cisterns, Pumps, Wells, Conduits, and other Waterworks used for the gratuitous Supply of Water to the Inhabitants within the Limits of the Special Act, to be continued, maintained, and supplied with Water, or they shall substitute other such Works equally convenient, and shall cause them to be maintained and supplied with Water; and such public Cisterns and other Works shall be vested in the Commissioners, and be under their Management and Control; and the Commissioners may construct any Number of new Cisterns, Pumps, Conduits, and other Waterworks, for the gratuitous Use of any Persons who choose to carry the same away, not for Sale, but for their own private Use, and may supply with Water any Cap. 34. Commissioners not to construct such new Works without Ap proval. public Baths or Wash-houses; provided that the Com- 10 & 11 Vict., missioners shall not construct any such new Works without the prescribed Approval, or, if no Approval be prescribed, without the Approval of the Commissioners of Her Majesty's Woods and Forests, Land Revenues, Works, and Buildings; and before giving their Approval to the Construction of any such new Works the last-mentioned Commissioners shall cause a local Inquiry to be made in the Manner prescribed by an Act of the last Session of Parliament, intituled "An Act for making pre- 9 & 10 Vict. liminary Inquiries in certain Cases of Application for c. 106. Local Acts," and shall withhold their Inquiry if upon such Inquiry they shall be satisfied that an equally good and abundant Supply of Water for such public Purposes can be procured as cheaply by any other Means than by the Construction of such new Works. CXXII. The Commissioners may contract for the prescribed Period, or (where no Period shall be prescribed) for any Period not exceeding Three Years at One Time, with the Owners of any Waterworks or any other Person for such Supply of Water as the Commissioners shall think necessary for the Purposes of this or the Special Act. CXXIII. If the Commissioners, and the Owners of any Waterworks authorized by Act of Parliament to supply Water within the Limits of the Special Act, with whom the Commissioners may be desirous of contracting, do not agree as to the Price to be paid for such Supply, then such Price (except where by the Act authorizing such Waterworks some other Mode of determining such Price shall be provided) shall be settled by Arbitration, and for that Purpose the Clauses of the Lands Clauses Consolidation Act, 1845, with respect to the Settlement of Disputes vy Arbitration, shall be incorporated with this and the Special Act. Commission ers may con tract for Supply of Water. For ascertaining Price to be paid for Water in case of Dis pute. ers to cause Fireplugs, &c. to be provided and maintained. CXXIV. The Commissioners shall cause Fireplugs, Commissionand all necessary Works, Machinery, and Assistance for securing an efficient Supply of Water in cases of Fire, to be provided and maintained, and for this Purpose they may enter into any Agreement with any Water Company or other Party, and they shall paint or mark on the Buildings and Walls within the Streets Words or Marks near to such Fireplugs to denote the Situation thereof, and do such other Things for the Purposes aforesaid as they may from Time to Time deem expedient. *** [CCX., CCXII. and CCXIII. Recovery of Damages and Penalties. S. 211 repealed by Statute Law Revision Act, 1875.] *** 10 & II Vict., Cap. 65. Extent of Act. Interpretations in this Act. Company." Number: "Person:" CEMETERIES CLAUSES ACT, 1847. 10 & 11 Vict., Cap. 65. An Act for consolidating in [Preamble and introductory words to s. I repealed by Statute Law Revision Act, 1891.] [1] This Act shall extend only to such Cemeteries as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith, and all the Clauses of this Act, save so far as they shall be expressly varied or excepted in any such Act, shall apply to the Cemetery authorized thereby, so far as they are applicable to such Cemetery, and shall, with the Clauses of every other Act incorporated therewith, form Part of such Act, and be construed therewith as forming One Act. And with respect to the Construction of this Act and any Act incorporated therewith, be it enacted as follows: II. * * * The Expression "the Company" shall mean the Persons by the special Act authorized to construct the Cemetery. III. The following Words and Expressions in both this and the special Act, and any Act incorporated therewith, 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,) Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number only shall include also the Singular Number: *** The Word "Person" shall include a Corporation, whether aggregate or sole: *** (a) Short Title, "The Cemeteries Clauses Act, 1847." See s. 4. |