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manner and subject to the same conditions, as nearly as may be, in and subject to which an appeal may be had against a resolution adopting the act; and the provisions of the Local Government Act relating to an appeal against the adoption of the act shall, with the requisite variations, apply to an appeal under this section.

The notice of the rescinding resolution shall not be published until the expiration of the time limited for an appeal, or until the determination of the appeal, but upon the publication thereof the adoption of the Local Government Act shall be deemed to be avoided as from the date of that publication, and from the same date the Local Government Act shall cease to be in force within the district, and the district shall revert to the position in which it was before the adoption of the Local Government Act; so nevertheless that any contracts that may have been entered into by or on behalf of the local board of any such district may be enforced in the same manner in all respects as if the Local Government Act had continued in force in the district, and so far as may be necessary for the enforcement of such contracts the local board and all their powers of levying money shall be deemed to be continued.

26 VICT.

C. 17.

ance of

V. In any district constituted under the Local Government Act, 1858, Provision where by that act the local board is required to be elected by the rate- for avoidpayers, and where the population according to the then last census is less constituthan three thousand, if no election of a local board in pursuance of the tion of dissaid act takes place within three months from the date of the constitution trict. of the district, or if in any such district as last aforesaid the local board makes default in appointing fit and proper persons to the following offices or any of them, that is to say, to the office of surveyor, inspector of nuisances, clerk, and treasurer, within two months after the election of the local board, then upon the happening of either of the above events the adoption of the Local Government Act in the said district shall be void, and the Local Government Act, 1858, shall cease to be in force within the district, and the district shall revert to the same position as it was in before the adoption of the act; so nevertheless that any contracts that may have been entered into by or on behalf of the local board of any such district may be enforced in the same manner in all respects as if the Local Government Act had continued in force in the district, and so far as may be necessary for the enforcement of such contracts the local board and all their powers of levying money shall be deemed to be continued.

Local

VI. Where any district under the Public Health Act, 1848, and the Local Government Act, 1858, or either of such acts, or any other place, is Government surrounded by or adjoins a highway district constituted under the Highway Act districts Acts, such first-mentioned district or other place shall for the purpose of to be within highway any meeting of the highway board be deemed to be within such highway districts for district. purpose of highway meetings. VII. The power of adopting any part or parts of the Local Government AmendAct, 1858, given by that act (a) and the acts amending the same, shall not ment of be exhausted by one adoption, but may be exercised from time to time. 21 & 22 Vict. VIII. The Public Health Act, 1848, and the acts amending the same, c. 98. and the acts amending the Local Government Act, 1858 (b), including this Construcact, are hereby declared to be one act, and to be included under the tion of acts. expression the Local Government Act, 1858, or any words referring to

that act.

(a) See pp. 460, 519.

(b) See 24 & 25 Vict. c. 61, p. 519.

sect. 15 of

сс

26 & 27 VICT. C. 40.

Short title. Interpreta tion of terms.

Limitation

of hours of labour of

persons under 18 years of age.

26 & 27 VICT. c. 40.

An Act for the Regulation of Bakehouses (a). [13th July, 1863.] WHEREAS it is expedient to limit the hours of labour of young persons employed in bakehouses, and to make regulations with respect to cleanliness and ventilation in bakehouses: 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 follows:

I. This act may be cited as “The Bakehouse Regulation Act, 1863.”
II. For the purposes of this act the words hereinafter mentioned shall
be construed as follows; that is to say,

"Local authority" shall, as respects any place, mean the persons or
bodies of persons defined to be the local authority in that place by the
one hundred and thirty-fourth section of the act passed in the session
holden in the eighteenth and nineteenth years of the reign of ber
present Majesty, chapter one hundred and twenty (b), or by the
Nuisances Removal Acts hereinafter mentioned; that is to say, as to
England, by the act passed in the session holden in the eighteenth
and nineteenth years of the reign of her present Majesty, chapter one
hundred and twenty-one (c), as amended by the act passed in the
session holden in the twenty-third and twenty-fourth years of the
reign of her present Majesty, chapter seventy-seven (d); as to Seot-
land, by the act passed in the session holden in the nineteenth and
twentieth years of the reign of her present Majesty, chapter one
hundred and three; and as to Ireland, by the acts passed, the one
in the session holden in the eleventh and twelfth years of the reign
of her present Majesty, chapter one hundred and twenty-three, and
the other in the session holden in the twelfth and thirteenth years of
the reign of her present Majesty, chapter one hundred and eleven:
"Bakehouse" shall mean any place in which are baked bread, biscuits,
or confectionery, from the baking or selling of which a profit is
derived:

"Employed," as applied to any person, shall include any person work-
ing in a bakehouse, whether he receives wages or not:
"Occupier" shall include any person in possession:

"The court" shall include any justice or justices, sheriff or sheriff
substitute, magistrate or magistrates, to whom jurisdiction is given
by this act.

III. No person under the age of eighteen years shall be employed in any bakehouse between the hours of nine of the clock at night and five of the clock in the morning.

If any person is employed in contravention of this section the occupier of the bakehouse in which he is employed shall incur the following penalties in respect of each person so employed; that is to say,

For the first offence, a sum not exceeding two pounds:
For a second offence, a sum not exceeding five pounds

For a third and every subsequent offence, a sum not exceeding one
pound for each day of the continuance of the employment in contra-
vention of this act, so that no greater penalty be imposed than ten
pounds.

(a) See "Regulation of Bakehouses," p. 144.
(b) See 18 & 19 Vict. c. 120, s. 134, p. 375.
(c) See 18 & 19 Vict. c. 121, p. 419.

(d) See 23 & 24 Vict. c. 77, p. 498.

C. 40.

IV. The inside walls and ceiling or top of every bakehouse situate in 26 & 27 VICT. any city, town, or place containing according to the last census a population of more than five thousand persons, and the passages and staircase Regulations leading thereto, shall either be painted with oil or be limewashed, or partly as to cleanpainted and partly limewashed: where painted with oil there shall be liness of three coats of paint, and the painting shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every six months: where limewashed the limewashing shall be renewed once at least in every six months.

Every bakehouse wherever situate shall be kept in a cleanly state, and shall be provided with proper means for effectual ventilation, and be free from effluvia arising from any drain, privy, or other nuisance.

If the occupier of any bakehouse fails to keep the same in conformity with this section he shall be deemed to be guilty of an offence against this act, and to be subject in respect of such offence to a penalty not exceeding five pounds.

The court having jurisdiction under this act may, in addition to or instead of inflicting any penalty in respect of an offence under this section, make an order directing that within a certain time to be named in such order certain means are to be adopted by the occupier for the purpose of bringing his bakehouse into conformity with this section; the court may upon application enlarge any time appointed for the adoption of the means directed by the order, but any noncompliance with the order of the court shall, after the expiration of the time as originally limited or enlarged by subsequent order, be deemed to be a continuing offence, and to be punishable by a penalty not exceeding one pound for every day that such noncompliance continues.

bakehouse.

V. No place on the same level with a bakehouse situate in any city, As to town, or place containing according to the last census a population of more sleeping than five thousand persous, and forming part of the same building, shall places near be used as a sleeping place, unless it is constructed as follows; that is

to say,

Unless it is effectually separated from the bakehouse by a partition extending from the floor to the ceiling:

Unless there be an external glazed window of at least nine superficial feet in area, of which at the least four and a half superficial feet are made to open for ventilation :

And any person who lets, occupies, or continues to let, or knowingly suffers to be occupied, any place contrary to this act, shall be liable for the first offence to a penalty not exceeding twenty shillings, and for every subsequent offence to a penalty not exceeding five pounds.

bakehouses.

local

VI. It shall be the duty of the local authority to enforce within their Power to district the provisions of this act, and in order to facilitate the enforcement authority thereof any officer of health, inspector of nuisances, or other officer appointed to enforce by the local authority, herein before referred to as the inspector, may enter provisions into any bakehouse at all times during the hours of baking, and may of this act. inspect the same, and examine whether it is or not in conformity with the provisions of this act; and any person refusing admission to the inspector, or obstructing him in his examination, sball for each offence incur a penalty not exceeding twenty pounds; and it shall be lawful for any inspector who is refused admission to any bakehouse, in pursuance of this section, to apply to any justice for a warrant authorising him, accompanied by a police constable, to enter into any such bakehouse for the purpose of examining the same, and to enter the same accordingly.

local

VII. All expenses incurred by any local authority in pursuance of the As to provisions of this act may be paid out of any rate leviable by them, and expenses of applicable to the payment of the expenses incurred by the local authority authority under the said Nuisances Removal Acts, and the said authority may levy acting such rate accordingly.

under this

act.

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VIII. All penalties under this act may be recovered summarily before two or more justices; as to England, in manner directed by an act passed in the session holden in the eleventh and twelfth years of the reign of her Majesty Queen Victoria, chapter forty-three (a), intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Gonvictions and Orders," or any act amending the same; as to Ireland, in manner directed by the act passed in the session holden in the fourteenth and fifteenth years of the reign of her Majesty Queen Victoria, chapter ninetythree, intituled "An Act to consolidate and amend the Acts regulating the Proceedings of Petty Sessions and the Duties of Justices of the Peace out of Quarter Sessions in Ireland," or any act amending the same; and as to Scotland, upon summary conviction, with power for the justices having cognisance of the case to sentence the offender to imprisonment for a period not exceeding three months until the penalty and the expenses of conviction are paid.

IX. Any act, power, or jurisdiction hereby authorised to be done or exercised by two justices may be done or exercised by the following magistrates within their respective jurisdictions; that is to say, as to England, by any metropolitan police magistrate or other stipendiary magistrate sitting alone at a police court or other appointed place, or by the lord mayor of the city of London, or any alderman of the said city sitting alone or with others at the Mansion-house or Guildhall; as to Ireland, by any one or more divisional magistrates of police in the police district of Dublin, and elsewhere by one or more justice or justices of the peace in petty sessions; and as to Scotland by the sheriff or sheriff substitute, or by any police magistrate of a burgh.

C. 68.

26 & 27 VICT. c. 68.

26 & 27 VICT. An Act to extend the Powers of the Act relating to the Main Drainage of the Metropolis (b). [21st July, 1863.]

21 & 22 Vict. c. 104 (Metropolitan Main Drainage Act).

WHEREAS by an act of the session of the twenty-first and twenty-second years of the reign of her present Majesty, chapter one hundred and four, intituled "An Act to alter and amend the Metropolis Local Management Act, 1855 (c), and to extend the Powers of the Metropolitan Board of Works for the Purification of the Thames and the Main Drainage of the Metropolis" (which act is hereinafter referred to as the "Main Drainage Act, 1858" (b)), the metropolitan board of works are required to emplete with all convenient speed the necessary works for the main drainage of the metropolis: and whereas the said board are empowered to borrow for the purposes of the said act in manner therein mentioned any sum of money not exceeding in the whole three millions, and the commissioners of her Majesty's treasury are authorised to guarantee in manner in the said act mentioned the payment of the principal and interest on the monies so borrowed and whereas the said board have proceeded to a very considerable extent in the execution of the works required by the said Main Drainage Act, but by reason of the increase in the price of materials and laboer since the date of the said act, and of the necessity having arisen for additional works, a further sum of one million two hundred thousand pounds will be required for the completion of the whole of such works: be it enacted by the Queen's most excellent Majesty, by and with the advice

(a) See note, p. 55.

(b) See 21 & 22 Vict. c. 104, p. 487. (c) See 18 & 19 Vict. c. 120, p. 343.

and consent of the Lords spiritual and temporal, and Commons, in this 26 & 27 VICT. present parliament assembled, and by the authority of the same, as fol

lows; (that is to say,)

C. 68.

I. This act may be cited for all purposes as "The Metropolitan Main Short title. Drainage Extension Act, 1863."

II. The metropolitan board of works may borrow, with the consent and Power to in manner provided by the Main Drainage Act, 1858, any sum of money board to not exceeding in the whole one million two hundred thousand pounds, in 1,200,0007. addition to the sums by that act authorised to be borrowed.

borrow

III. The commissioners of her Majesty's treasury may guarantee the Power to payment of the principal and interest of any money borrowed under this act, treasury to guarantee in manner and subject to the conditions in and subject to which they are money borauthorised to guarantee the payment of the principal and interest of any rowed. monies borrowed under the Main Drainage Act, 1858.

act and the

IV. This act shall be construed as one with the Main Drainage Act, Construc1858, and all the provisions of that act with respect to the borrowing of tion of this money and the securities for the same, and with respect to the guarantee Main Drainto be given by the commissioners of the treasury, and the indemnity of the age Act, commissioners against loss on this guarantee, and with respect to the 1858. levying rates, and generally with respect to any matter incidental to or consequential on the borrowing of money therein mentioned, shall apply to the monies authorised to be borrowed under this act in the same manner as if the monies were borrowed under the said Main Drainage Act, 1858.

V. All monies borrowed under this act shall be applied to the same Application purposes as monies borrowed under the said Main Drainage Act, 1858. borrowed

of monies

under this Act.

of time for

VI. The time for the completion of the works authorised to be executed Extension by the board for the main drainage of the metropolis shall be extended to completion the thirty-first day of December one thousand eight hundred and sixty-six. of works.

26 & 27 VICT. c. 70.

c. 70.

An Act to facilitate the Execution of Public Works in certain 26 & 27 VICT.
Manufacturing Districts; to authorise for that Purpose
Advances of Public Money to a limited Amount upon
Security of Local Rates; and to shorten the Period for the
Adoption of the Local Government Act, 1858, in certain
Cases.
[21st July, 1863.]

26 & 27 Vict.

WHEREAS by an act of the last session of parliament (which was extended 25 & 26 Vict. for a further period by an act of the present session), reciting that by c. 110. reason of the closing of mills and factories in certain parts of the country c. 4. great numbers of the labouring and manufacturing classes had been thrown out of employment, provision was made to enable boards of guardians of certain unions to obtain temporary aid to meet the extraordinary demands for relief therein :

And whereas great numbers of the same classes still remain out of employment in the parts of the country aforesaid, and it is expedient to make provision for better enabling local authorities therein to give employment by the execution of works of public utility and sanitary improvement:

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:

I. For the purposes of loans under this act, the commissioners of her Charge on

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