c. 139. cussion caps, ammunition, fireworks, or any preparation or compound of an 23 & 24 VICT. explosive nature, in any place belonging to or held for the service of the crown, or to hinder the trial of gunpowder by her Majesty's officers, as is usual, for the service of the crown, or to the keeping of gunpowder at the magazines now erected for that purpose at Barking Creek's mouth in the county of Essex and Erith Level in the county of Kent, or to the keeping of gunpowder at the magazines or storehouses now erected near the city of Bristol, or to the keeping of gunpowder in vessels moored in the river Mersey under the provisions of the act of the session holden in the fourteenth and fifteenth years of her Majesty, chapter sixty-seven, or to the carriage of gunpowder to or from magazines belonging to the crown, under a special and express order of the secretary of state for war, such order to contain the quantity of gunpowder so to be carried, and the time for which such order shall be in force, or to the carriage of gunpowder with forces on their march, or with the militia or volunteer corps during their exercise, or which shall be sent for the use of such forces, militia, or volunteer corps. c. 159, or XXXI. This act shall not extend to repeal or alter the act of the fifty- Act not to affect fourth year of King George the third, chapter one hundred and fifty-nine, 54 G. 3, or to gunpowder, percussion caps, or combustible articles on board any ship, vessel, or boat of her Majesty or in her Majesty's service, or required or to gunkept for the use of her Majesty's navy, her Majesty's royal marine forces, powder, &c., the royal naval coast volunteers, the royal naval volunteers, or any force on board which is or may be under the orders or control of the commissioners for jesty's executing the office of lord high admiral of the United Kingdom. her ma ships, &c. houses XXXII. This act shall not extend to prevent the keeping of gunpowder Saving for in the proof houses of the two companies authorized by "The Gun Barrel proof Proof Act, 1855," or in magazines connected with such proof houses, pro- under vided that the quantity of gunpowder kept at the same time in any one 18 & 19 Vict. such proof house, and the magazine (if any) connected therewith, do not e. exlviii. exceed in the whole five hundredweight. (local). XXXIII. This act shall not extend to hinder any person or persons from Not to excarrying or conveying an unlimited quantity of gunpowder, in such close- tend to decked vessels and mauner as herein before is directed, from any ships or limited vessels lying below Blackwall, to any of the magazines for gunpowder so quantities situate below Blackwall, or from such magazines to any ships or vessels of gunlying below Blackwall, and going to any place beyond sea or coastwise, or powder being confrom the floating magazines in the river Mersey to any ships or vessels v yed from going to any place beyond seas or coastwise, or from any ships or vessels ships below arriving from any place beyond seas or coast wise to the said floating Blackwall. magazines. hinder un XXXIV. This act shall not extend or be construed to repeal or affect Saving of the provisions concerning gunpowder in and near the London docks in enactment for protecsections one hundred and thirty-four and one hundred and thirty-five of tion of Lonthe act of the ninth year of King George the fourth, chapter one hundred don Docks. and sixteen (local and personal). XXXV. This act shall not extend or be construed to repeal or affect the Saving for provisions with respect to gunpowder magazines, gunpowder, or fireworks provisions of police contained in any general or local police act which may be in force in any acts. place in the United Kingdom. 9 & 10 Vict. XXXVI. And whereas by an act of the session holden in the second and 2 & 3 Vict. third years of her Majesty, chapter forty-seven, "for further improving C. 47. and the police in and near the metropolis," every superintendent or inspector c. 25, to be belonging to the metropolitan police force is empowered as therein men- construed tioned to enter any ship, boat, or vessel (except her Majesty's ships) in the as referring river Thames, and the docks and creeks adjacent thereto, and to search to this act. the same for unlawful quantities of gunpowder, and to exercise the same powers of seizing, removing to proper places, and detaining all such unlawful quantities of gunpowder found on board any such ship, boat, or 23 & 24 VICT. vessel, and the barrels or other packages containing such gunpowder, as C. 15J. Meaning of the word "borough." are given to persons searching for unlawful quantities of gunpowder under the warrant of a justice by virtue of the said act of the twelfth year of King George the third; and by an act of the session holden in the minth and tenth years of the reign of her Majesty, chapter twenty-five, "for preventing malicious injuries to persons and property by fire or by explosive or destructive substances," any justice of the peace is empowered as therein mentioned to issue a warrant for searching in the day-time any place or vessel in which gunpowder or other explosive, dangerous, or noxious substance is suspected to be made or kept for the purpose of being used in committing an offence under that act; and it is enacted, that every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all gunpowder, explosive, dangerous, or noxious substances found upon such search which he shall have good cause to suspect to be intended to be used in committing an offence under that act, and the barrels, packages, and cases in which the same shall be, the same powers which are given to persons searching for unlawful quantities of gunpowder under a warrant of a justice by the said act of the twelfth year of King George the third: All powers given by the said acts of the second and third years and ninth and tenth years of her Majesty, or by any act passed or to be passed in this present session of parliament, by reference to the said act of the twelfth year of King George the third, shall be construed as if this act had been referred to in the said acts of her Majesty, instead of the said act of King George the third. XXXVII. In the construction of this act the term "borough" shall mean and include any place for the time being subject to the provisions of the act of the session holden in the fifth and sixth years of King William the fourth, chapter seventy-six; and in Scotland any royal burgh and any of the burghs or towns returning or contributing to return members to parliament; and in Ireland any place for the time being subject to the provisions of the act of the session holden in the third and fourth years of her Majesty, chapter one hundred and eight. 24 & 25 VICT. c. 59. 24 & 25 VICT. An Act to facilitate Proceedings before Justices under the Acts relating to Vaccination (a). [1st August, 1861.] C. 59. 3 & 4 Vict. c. 29 (6). 4 & 5 Vict. c. 32 (c). 16 & 17 Vict. c. 100 (d). WHEREAS it is expedient to make further provisions in relation to pro- An act passed in the session holden in the fourth and fifth years of the Be it 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 24 & 25 VICT. follows: C. 59. I. This act may be cited for all purposes as "The Vaccination Acts Short title. Amendment Act, 1861." expenses II. The guardians of any union or parish, or the overseers of any parish As to where the relief to the poor is not administered by guardians, may appoint institution of legal some person to institute and conduct proceedings for the purpose of en- proceedings forcing obedience to the said acts or any of them within their union or and payparish; and as to all expenses incurred by any person so appointed, or by ment of any registrar of births and deaths, or by any medical officer of health ap- of the stine. pointed under an act of parliament, in proceedings for enforcing penalties under the said acts or any of them, if the justices or court before whom such proceedings are had certify that such expenses ought to be allowed, such court or justices shall ascertain the amount thereof, and such amount shall be payable out of the rates for the relief of the poor of the parish where the person for the time being dwells in respect of whose default or offence the same were instituted; and the court or justices shall ascertain the amount of such expenses. And proceedings for enforcing penalties under any of the said acts, on account of neglect to have a child vaccinated, may be taken at any time during which the parent or guardian is in default. 24 & 25 VICT. c. 61. An Act to amend the Local Government Act. [1st August, 1861.] 24 & 25 VICT. WHEREAS it is expedient to amend "The Local Government Act, 1858:" 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: C. 61. 1. Ratepayers or owners making a requisition for the summoning of Provision as meetings for the purpose of deciding as to the adoption of "The Local to costs of Government Act, 1858 (a)," shall, if required, give security in a bond, with a view proceedings with two sufficient sureties, for repayment to the summoning officer, in the to adopting event of the act not being adopted, of the costs incurred in relation to such the local meetings or polls taken in pursuance of any demand made at such meet- government ings, the amount of the security to be given by such sureties, and their that act is sufficiency, and the amount of such costs, to be settled by agreement be- not adopted. tween the summoning officer and such ratepayers or owners, or in the event of disagreement between them by any justice of the peace acting in and for the place in which it is proposed that the said act shall be adopted. act, when II. The power of adopting any part of "The Local Government Act, Every local 1858," given by the fifteenth section of that act to any corporation or body authority invested of commissioners exercising powers for sanitary regulation under the prowith powers visions of any local act, shall extend to every local authority invested with of town powers of town government and rating by any local act, by whatever name government such local authority is called, and the words " local board" or "board of nay adopt commissioners" as used in the said local government act shall apply to any part of local governsuch local authority provided always, that whenever the members of such ment act: local authority are elected for life they shall adopt, in lieu of the provisions Provision for elections contained in the local ct, the provisions for and in relation to for election elections prescribed by "The Public Health Act, 1848," and "The Local of such local au (a) See 21 & 22 Vict. c. 98, p. 457: C. 61. thorities when 24 & 25 VICT. Government Act, 1858," and within one month of such adoption one-third of the members of such local authority shall retire, the order of retirement to be fixed by the local authority, and the election of members in lieu of such retiring members shall be governed in all respects by the said "Pulls Health Act, 1848," and "Local Government Act, 1858," and be conducted by the chairman of the local authority: provided als, that such adoption shall not affect the qualification fixed for members of such local authority by the local act under which it is constituted, or the qualification and government tenure of office of ex oficio members of such local authority. elected for life at the time of adopting local act. Accounts of improvement commissioners acquiring III. When any board of improvement commissioners acquires powers of rating or borrowing money under the fifteenth section of the "Local Government Act, 1558," the provisions in relation as to audit of that act, or of any act amending that act, shall be in force in the case of such commissioners, as if such provisions were contained in the local act under which they are constituted; and when the provisions as to audit of such local act are repuguant to or inconsistent with those of the local governgovernment ment act, or any act amending that act, then the audit shall be conducted under the provisions of the last-mentioned act. subject to the provisions of that act relating to audit. borrowing powers under local act to be Inay exer of sect. 45 of c. 63, also without their district, if Local board IV. Local boards may exercise the powers given by the forty-fifth secti n of "The Public Health Act, 1848" (a), also without their district, for the cise powers purpose of outfall or distribution of sewage, upon making due compensation, 11 & 12 Vict. to be settled in the manner provided in the one hundred and forty-fourth section of "The Public Health Act, 1818"(): provided always, that nothing herein contained shall give or be construed to give power to any local board to construct or use any outfall drain or sewer for the purpose of conveying sewage or filthy water into any natural watercourse or stread for purposes until such sewage or filthy or refuse water be freed from all excrementiof outfall or tious or other foul or noxious matter, such as would affect or deteriorate distribution the purity and quality of the water in such stream or watercourse. of sewage, on making compensation. Previous necessary, notices of works be fore com V. Provided also, that no sewer or other work shall be constructed or extended, under the enactment lastly herein before contained, unless three the intended months at the least before the commencement of such work notice of the intended work, describing the nature thereof, and stating the intended mencement. termini thereof, and the names of the parishes, townships, and places, and the turnpike roads and streets or places laid out or intended for streets, and other lands, if any, through, across, or under which the work is to be made, and naming a place where a plan of the intended work is open for. inspection at all reasonable hours, shall be given by advertisement in one or more of the newspapers usually circulated in the place where the work is to be made, and a written or printed copy of such notice shall be served in manner directed by "The Public Health Act, 1848," on the owners or reputed owners, lessees or reputed lessees, and occupiers of the said lands, and on the overseers of such parishes, townships, or places, and the trustees, surveyors of highways, or others, having the care of such roads of If objection be made by any party interested, the work not to be proceeded with without sanction of streets. VI. In case any of such owners, lessees, or occupiers, or such overseers, trustees, surveyors, or others as aforesaid, or any other owner, lessee, of occupier who would be affected by the proposed work, object to such work, and serve notice in writing of such objection on the local board at any time within the said three months, the proposed work shall not be made or cowmenced without the sanction of one of her Majesty's principal secretaries of state, after such inquiry and report as hereinafter mentioned (unless such objection be withdrawn). secretary of state. An inspec VII. It shall be lawful for the secretary of state, upon application of any C. 61. local board, to appoint an inspector to make inquiry on the spot into the 24 & 25 VICT. propriety of any such work as aforesaid, and into the objections thereto, and to hold one or more meeting or meetings for the purpose of hearing all tor to be persons desirous of being heard before him on the subject of such inquiry, appointed to make and to report to such secretary of state upon the matters with respect to inquiry on which such inquiry was directed. the spot, and report to the secretary of state. VIII. Where already or hereafter any premises not being within the Yearly sum limits of the district of the local board have a drain communicating, to be paid for predirectly or indirectly, with a sewer within the district, and maintained by mises withthe local board, and any sewage from the premises flows into the sewer, out there shall (except in cases where the owner is entitled to use such sewer district without making any payment) be paid to the local board in respect thereof drained such a yearly sum as is agreed on between them and the owner of the within premises, or, failing agreement between them, as on the application of the district. local board is determined by two justices; and the yearly sum so agreed on or determined shall be private improvement expenses, and shall be charged on the premises, and be paid and recoverable accordingly, as if the premises were within the district provided, that the yearly sum so charged shail cease to be payable if and when the connexion between the drain from the premises and the sewer is discontinued, so that a proportionate part thereof up to the time of the discontinuance shall alone be payable; but if after the discontinuance the connexion be re-established the yearly sum shall again become payable, and so from time to time. IX. The sub-division numbered (4.) in the thirty-seventh section of the said Local Government Act, 1855 (a), shall be and the same is hereby repealed; and in lieu thereof be it enacted as follows: into sewer Provision not included in (1.) Where part of a township, or place not comprised within any district in which the said "Local Government Act, 1858," is in force, and townships which part is hereinafter referred to as "the excluded part," was, before the said act came into force in such district, liable to contribute districts to the highway rates for such township or place, such excluded part under local shall for all purposes connected with the repairs of highways and the government payment of highway rates, be considered to be and be treated as if stated. forming part of such district (b): act as hercin (2.) It shall be lawful for a meeting of ratepayers of the excluded part (to be convened and conducted in the manner prescribed by the thirteenth section of the said Local Government Act, 1858, (c), with respect to districts, not being corporate boroughs or towns, under the jurisdiction of improvement commissioners,) to decide that such excluded part shall be formed into a separate highway district, and thereupon the excluded part shall for all purposes connected with highways, surveyors of highways, and highway rates, be considered and treated as a township maintaining its own highways: (3.) The requisition for holding such meeting as last mentioned shall, in any excluded part where the said Local Government Act, 1858, has been in force before the passing of this act, be presented within six calendar months after the passing of this act, and in all other cases within six calendar months after the adoption of the said Local Government Act, 1858; but nothing in this section before contained shall apply to districts constituted under the Public Health Act, 1848, including a part only of any parish, township, or place which before the constitution of such district maintained its own highways. X. All the powers, authorities, and discretion which in and by the act Enabling of the fifth and sixth years of the reign of king William the fourth, local boards (a) P. 468. (b) But such part shall for the purposes of the Highway Acts," be deemed to be a place separately maintaining its own highways, and capable of being included in a highway district, "without the consent of the local board."-27 & 28 Vict. c. 101, s. 5. (e) P. 459. to act |