A copy of proposed byelaws to be open for inspection. Publication of byelaws. Byelaws to all parties. fair shall be situated, or, if there be no newspaper in such county, in one or more newspapers of the adjoining county, one month at least before the hearing of such application; And any party aggrieved by any such byelaw, on giving notice of the nature of his objection to the undertakers ten days before the hearing of the application for the allowance thereof may, by himself or his counsel, attorney, or agent, be heard thereon, but not so as to allow more than one party to be heard upon the same matter of objection. XLVI. For one month at least before any such application for allowance of any byelaw a copy of such proposed byelaws shall be kept at the principal office of the undertakers, and shall be put up in some conspicuous place in the market place or fair, and all persons at all reasonable times may inspect such copy without fee or reward, and the undertakers shall furnish every person who shall apply for the same with a copy thereof or of any part thereof, on payment of sixpence for every one hundred words so to be copied. XLVII. The said byelaws shall be published in the prescribed manner, and when no manner of publication is prescribed they shall be printed, and the clerk of the undertakers shall give a printed copy thereof to every person applying for the same without charge, and a copy thereof shall be painted or placed on boards, and put up in some conspicuous part of the principal office of the undertakers, and also in some conspicuous place in the market place or fair, and such boards, with the byelaws thereon, shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward; And in case the said clerk shall not permit the same to be inspected at all reasonable times he shall for every such offence be liable to a penalty not exceeding five pounds. XLVIII. All byelaws made and confirmed according to the be binding on provisions of this and the special Act, when so published and put up, shall be binding upon and be observed by all parties, and shall be a sufficient warrant for all persons acting under the same. lication of XLIX. The production of a written or printed copy of the Proof of pubbyelaws requiring confirmation by the court of quarter session, byelaws. authenticated by the signature of the judge or of the chairman of the court who shall have approved of the same, and requiring approval under the hand of one of Her Majesty's principal secretaries of state, and a written or printed copy of the byelaws not requing such confirmation or approval, authenticated by the common seal of the undertakers if they be a body corporate, or under the hands of the undertakers if not incorporated, or any two of them, shall be evidence of the existence and making of such byelaws in all cases of prosecution under the same, without proof of the signature of such judge, chairman, or sheriff, or such secretary of state, or the common seal or signature of the undertakers; And with respect to the proof of the publication of any such byelaws, it shall be sufficient to prove that a painted board containing a copy thereof was put up and continued in manner by this Act directed, and in case of its afterwards being displaced or damaged, that such board was replaced or restored as soon as conveniently might be, unless proof be aduced by the party complained against that such painted board did not contain a copy of such byelaws, or was not duly put up or continued as directed by this Act. L., LI. Relate to the receipts and expenditure of the Accounts. undertakers. LII.-LVII. Relate to the recovery of damages not specially Recovery of provided for, and penalties. damages and penalties. THE TOWN POLICE CLAUSES ACT, 1847. Interpretations in this and the special Act. "Lands:" "Street:" "County :" "Cattle:" Short title of the Act. 10 & 11 VICT. CAP. 89. An Act for consolidating in One Act certain Provision III. The following words (a) 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 c struction; (that is to say,) The word "lands" shall include messuages, lands, tene- The word "county" shall include riding or other division of a county having a separate commission of the peace, and shall also include county of a city or county of a town: The word "cattle" shall include horses, asses, mules, sheep, goats, and swine. And with respect to citing this Act, or any part thereof, be it enacted as follows: IV. In citing this Act in other Acts of parliament, and in legal instruments, it shall be enough to use the expression "The Town Police Clauses Act, 1847." (a) The following words are defined in the same manner as in 11 & 12 Vict. e. 63, s. 2, ante, p. 29, namely, number, gender, person, monik, superior courts, oath, justice, quarter sessions. VI.-XX. Relate to the appointment, powers, duties, and Constables. privileges of constables. With respect to obstructions and nuisances in the streets, be Obstrucit enacted as follows: any case tions and nuisances. Power to pre streets during XXI. The commissioners may from time to time make orders for the route to be observed by all carts, carriages, vent obstruchorses, and persons, and for preventing obstruction of the tions in the streets within the limits of the special Act, in all times of public processions, &c. public processions, rejoicings, or illuminations, and in when the streets are thronged or liable to be obstructed (b), and may also give directions to the constables for keeping order and preventing any obstruction of the streets in the neighbourhood of theatres and other places of public resort, and every wilful breach of any such order shall be deemed a separate offence against this Act, and every person committing any such offence shall be liable to a penalty not exceeding forty shillings. Power to riages, &c. XXII. On application to the commissioners by the minister or churchwardens or chapelwardens of any church, chapel, or regulate the route of perother place of public worship within the limits of the special sons driving Act, the commissioners may make orders for regulating the stage carroute by which persons shall drive any cart or carriage, or during divine cattle, or the manner in which they shall drive them, in the service. neighbourhood of such places of worship, during the hours of divine service on Sunday, Christmas Day, Good Friday, or any day appointed for a public fast or thanksgiving, and any orders so made shall be printed and put up on or near the church, chapel, or place of public worship to which the same refer, and in some conspicuous places near and leading thereto, and elsewhere as the commissioners direct, and every wilful breach of any such order shall be deemed a separate offence against this Act, and every person committing any such offence shall be liable to a penalty not exceeding forty shillings. of stage XXIII. No proprietor of any stage carriage duly licensed to Proprietors carry passengers for hire shall be liable to any penalty for any carriages deviation from the route or line of route specified in his deviating (b) See the qualification in sect. 28, post, and Fox v. Palmer, 22 J.P. 449, in regard to an obstruction by running horses in the access to a market. from route by order free from penalty. Power to im cattle. licence which the driver of such stage carriage makes in consequence of any regulation or direction made or given by the commissioners. XXIV. If any cattle be at any time found at large in any pound stray street within the limits of the special Act, without any person having the charge thereof, any constable or officer of police, or any person residing within the limits of the special Act, may seize and impound such cattle in any common pound within the said limits, or in such other place as the commissioners appoint for that purpose, and may detain the same therein until the owner thereof pay to the commissioners a penalty not exceeding forty shillings, besides the reasonable expenses of impounding and keeping such cattle. Power to sell stray cattle for penalty and expenses. Persons guilty of XXV. If the said penalty and expenses be not paid within three days after such impounding, the pound-keeper, or other person appointed by the commissioners for that purpose, may proceed to sell or cause to be sold any such cattle; But previous to such sale seven days notice thereof shall be given to or left at the dwelling house or place of abode of the owner of such cattle, if he be known, or if not, then notice of such intended sale shall be given by advertisement to be inserted seven days before such sale in some newspaper published or circulated within the limits of the special Act; And the money arising from such sale after deducting the said sums, and the expenses aforesaid, and all other expenses attending the impounding, advertising, keeping, and sale of any such cattle so impounded, shall be paid to the commissioners, and shall be by them paid, on demand, to the owner of the cattle so sold. XXVI. Every person who releases or attempts to release any cattle from any pound or place where the same are imbreach to be pounded under the authority of this or the special Act, or pound committed for three months. who pulls down, damages, or destroys the same pound or place, or any part thereof, with intent to procure the unlawful release of such cattle, shall, upon conviction of such offence before any two justices, be committed by them to some common gaol or house of correction for any time not exceeding three months. |