Surveys and Plans. Sewers. House Drains. New Streets. Naming Streets. CCXXII. Commissioners to cause a map of the burgh to be made, and to be open to inspection. CCXXVIII. Sewers, &c. vested in Commissioners. CCXXIX. Power to purchase, &c. certain sewers. ccxxx. Private sewers or watercourses, &c. not to be used without consent. ccxxxi. Drainage districts to be formed, subject to the approval of the sheriff. CCXXXII. Power to Commissioners to construct sewers where none exist, making compensation to owners of property. CCXXXIII. Commissioners may alter sewers from time to time. CCXXXIV. Commissioners not to destroy existing sewers, &c. without providing others.-Penalty for neglect. CCXXXV. Commissioners to cause estimates to be prepared before execution of works. CCXXXVI. As to the expense of making new sewers.-Where premises were sufficiently drained before making new sewer, occupier to have a reduction made in his rates. CCXXXVII. As to the expense of maintaining sewers, &c. CCXXXVIII. Penalty for making unauthorized drains. CCXXXIX. Vaults and cellars under streets not to be made without the consent of the Commissioners. CCXLI. All sewers, &c. to be covered with traps. CCXLII. Sewers may be used by owners and occupiers of land beyond limits of burgh. CCXLIII. Persons aggrieved by making, &c. sewers may appeal to the sheriff. CCXLIV. Commissioners empowered to construct drains from houses, charging owners, &c. with the expense. CCXLV. No house to be hereafter built without drains being constructed. CCXLVI. Where houses are rebuilt, the level shall be sufficient to allow a drain to be constructed. CCXLVIII. Commissioners may signify disapproval within fourteen days. CCXLIX. Commissioners may cause houses built without notice, or contrary to provisions of this Act, to be altered. CCL. If Commissioners fail to signify their approval, &c. within fourteen days, parties may proceed without. CCLI. Power to Commissioners to require owners of houses to provide privies for the same. CCLII. Penalty for neglecting to provide privies, &c. CCLIII. Commissioners to provide for removal of ashes. CCLIV. Certain water-closets to be constructed in factories, &c. CCLV. Drains, privies, and cesspools to be kept in good order by owners.-If owners neglect, Commissioners may cause the same to be done, and charge the owners with the expense. CCLVI. As to the inspection of drains, privies, and cesspools. CCLVII. Penalty on persons making or altering drains, &c. contrary to the orders of the Commissioners. CCLIX. Notice of intention to lay out new streets to be given to Commissioners. CCLX. Levels to be fixed by the Commissioners. CCLXI. If the Commissioners fail to fix the level, the party may proceed without. CCLXII. Persons laying out streets without notice to be liable to the expenses of subsequent alterations of levels. CLXIII. Situation of gas and water pipes to be altered at the expense of the Commissioners. CLXIV. If gas or water company neglect to make the alteration, the Commissioners may cause the same to be done. CCLXV. As to the width of new streets. CCLXVI. Parties aggrieved may appeal to the sheriff. H Improving Streets. Ruinous or Dangerous Buildings. Objections to Prevention of Fire. { Ventilation. Water. Clocks. Execution of Works by Commissioners. CCLXIX. Houses may be set forward for improving line of street. CCLXX. Power to purchase houses, &c. for additional improvements. CCLXXI. Houses projecting beyond line of street, when taken down, to be set back. CCLXXII. Future projections of houses, &c. to be removed, on notice. CCLXXIII. Commissioners may cause existing projections to be removed and compensation to be made. CCLXXV. Doors opening outwards may be altered. CCLXXVI. Coverings for cellar doors to be made by occupier.-Penalty for neglect. CCLXXVII. Waterspouts to be affixed to houses or buildings. CCLXXVIII. Parties aggrieved may appeal to the sheriff. CCLXXIX. Ruinous or dangerous buildings to be taken down or secured by owners, &c.—If owner, &c. neglect to repair, Commissioners may cause the same to be done, charging owner, &c. with the expenses. CCLXXX. The expenses to be levied on the owner. CCLXXXI. If owner cannot be found, Commissioners may take the house or ground, making compensa- CCLXXXII. Commissioners may sell the materials, restoring to the owner overplus arising from the sale. CCLXXXIV. Meeting of Commissioners to hear objections. CCLXXXV. Persons aggrieved by orders of Commissioners may appeal to the sheriff. CCLXXXVI. Notice to be given by Commissioners, and appeal to the sheriff-Decision of the sheriff to be final. CCLXXXVII. Party walls to be carried up through the roof.—Walls of buildings and coverings of roofs to be made of incombustible materials. CCLXXXVIII. Regulating construction of buildings intended as places for public meetings.-No person to begin to build until plan has been approved by Commissioners. CCXXXIX. If Commissioners fail to signify their approval of plan within seven days, party may proceed to build. ccxc. Persons may appeal against determination of Commissioners. CCXCI. Cellars in courts not to be occupied as dwellings after letting prohibited. CCXCII. No cellars under the height of seven feet from the floor to the ceiling to be let as dwellings. CCXCIV. Power to Commissioners to construct public cisterns and pumps for supply of water to baths ccxcv. Commissioners may contract for supply of water. ccxcvi. For ascertaining price to be paid for water in case of dispute. CCXCVII. Commissioners to cause fireplugs, &c. to be provided and maintained. CCXCVIII. Commissioners may provide sufficient supplies of water, and may erect waterworks, &c.-In case of waterworks constructed by Commissioners, the water may be kept constantly under pressure. Commissioners not to construct waterworks, &c. if any waterworks company within the burgh be able and willing to supply water upon terms. CCXCIX. Service pipes to be laid by owners. ccc. Water to be used only for domestic and ordinary purposes unless by agreement with the Commissioners. ccci. Penalty for injuring waterworks, diverting streams, or wasting water. CCCII. Penalties on persons for causing water in reservoirs to be fouled;—and on proprietors of gasworks, &c. CCCIII. Commissioners may make bye-laws in reference to water. CCCIV. Power to Commissioners to provide public clocks. { cccv. Commissioners empowered to enter upon premises for the purposes of this Act. cccvi. Penalty on persons obstructing Commissioners in their duty. Execution of Works by Owners. CCCVII. As to service of notice on owners and occupiers. CCCVIII. Commissioners in default of owner or occupier may execute works, and recover expenses. CCCIX. Occupier, in default of owner, may execute works, and deduct expenses from his rent. CCCXI. Power to levy charges on occupier, who may deduct the same from his rent. CCCXII. Occupier not to be liable for more than the amount of rent due. Execution of Works by Owners. cccxv. Respecting existing contracts for building. Special Order. Bye Laws. cccxIII. Commissioners may allow time for repayment by owners of improvement expenses. CCCXVI. Respecting contracts for leases. CCCXVII. As to certain matters authorized to be done by the Commissioners by special order only. CCCXVIII. Final resolution not to be carried into effect for one month, nor then, if a majority of the rate-payers remonstrate against the same. CCCXIX. Commissioners may provide slaughter-houses; cccxx. Places for public recreation; CCCXXI. and public bathing places and drying grounds. CCCXXIV. Recovery of charges for the use of baths, &c. cccxxv. Publication of bye-laws in regard to baths, &c. CCCXXVI. Sale of baths, &c. on discontinuing them. CCCXXVII. Application may be made to Parliament if additional powers necessary. CCCXXVIII. Bye-laws. CCCXXIX. Bye-laws may be enforced by imposition of penalties. cccxxx. Bye-laws to be confirmed. CCCXXXI. Notice of confirmation to be given. CCCXXXII. A copy of proposed bye-laws to be open to inspection. CCCXXXIII. Publication of bye-laws. CCIXXXIV. Bye-laws to be binding on all parties. cccxxxv. Evidence of bye-laws. cccxxxvi. Penalty on pulling down boards. Recovery of CCCXXXVII. Recovery of damages and penalties. Damages and Borrowing of Jurisdiction of CCCXXXVIII. Limitation of summary prosecutions. CCCXXXIX. Penalty on persons giving false evidence. CCCXL. Power to Commissioners to borrow money for the purposes of this Act. CCCXLII. As to bonds to be granted. CCCXLIII. Bonds may be transferred by indorsement. CCCXLIV. Bonds to be recorded and assignations to be registered. CCCXLV. Jurisdiction of magistrates of police under this act. CCCXLVI. Magistrates of police may appoint procurator fiscal. CCCXLVII. Interim fiscal. CCCXLVIII. Forms of procedure in police court. CCCXLIX. Forms of procedure to be framed. CCCL. Certain crimes not competent to be taken cognizance of in the police court. CCCLI. Limitation of police prosecutions. CCCLII. Superintendent in certain cases may accept of bail or deposit. CCCLIII. Persons in custody to be taken before the magistrate. CCCLIV. Authority to officers to cite parties and witnesses. CCCLV. Offenders removing from the bounds of police, how to be proceeded against. CCCLVII. Examination of witnesses. CCCLVIII. Penalty in case of witnesses failing to appear. CCCLIX. Penalty in case of witness refusing to give evidence. CCCLX. Witnesses prevaricating may be punished summarily. CCCLXI. In default of paying fines parties to be imprisoned. CCCLXII. Power to order offenders to find caution in lieu of imprisonment or fine; CCCLXIV. Warrant of commitment. CCCLXV. Juvenile male offenders may be chastised by whipping. CCCLXVI. Articles stolen, &c. may be restored. CCCLXXXI. In case of not making out titles, the Court may order payments and expenses. CCCLXXXII. Where questions arise touching the title to any money. CCCLXXXIII. Court may order payment of expenses in certain cases. CCCLXXXIV. Rights of heritable property how to be taken.-Form of conveyance. CCCLXXXV. Where any act or decision, &c. declared final, the same shall not be reviewable. CCCLXXXVI. Burghs which have adopted the Act 3 & 4 Will. 4. c. 46. may adopt this Act, and thereafter the said Act shall cease to apply. CCCLXXXVII. Burghs having local Acts may adopt this Act, and thereupon local Acts to be repealed. CCCLXXXVIII. Contracts under former Act to be saved. CCCLXXXIX. Jurisdiction of courts of guild to be preserved. cccxc. Act may be incorporated, either in whole or in part, with any future Act. CCCXCI. Act may be amended or repealed, &c. CAP. XXXIV.-IRELAND. AN ACT to continue certain Acts for regulating Turnpike Roads in Ireland. By this ACT, (15th July 1850.) 1. Acts for making, &c. turnpike roads in Ireland which will expire on 31st July 1850, &c. further continued. II. Nothing in this Act to extend to Acts 7 & 8 Geo. 4. c. lxvi.; 9 Geo. 4. c. lxxx.; or 1 & 2 Geo. 4. c. xxxviii. III. Act may be amended, &c. CAP. XXXV. AN ACT to diminish the Delay and Expense of Proceedings in the High Court of Chancery in England. ABSTRACT OF THE ENACTMENTS. (15th July 1850.) 1. Power to persons interested in questions cognizable in Court of Chancery to state special cases for the opinion of the Court. 2. How lunatic may concur. 3. How married women may concur. 4. How infant may concur. 5. How special guardian to be appointed for a lunatic not found such by commission, and for infant. 6. Order to appoint special guardian of an infant may be discharged by Court if made without notice. 7. How such special cases to be entitled. 8. Form of special case. 9. Special case to state how guardian constituted, and the concurrence of married women. 10. Special cases to be signed by counsel, and filed, and appearances to be entered by defendants. 11. After a special case filed, parties to be bound by statements after defendants have appeared, except married women, infants, and lunatics, who are not to be bound till leave given by Court to set it down. 12. How case to be set down for hearing. 13. When a married woman, infant, or lunatic is a party, application to be made to the Court for leave to set the case down. 14. Upon hearing, Court to determine question, and make declaration.—Proviso that a case may be sent to common law court.— Proviso that Court may refuse to decide. 15. Protection to be afforded to trustees by declaration. 16. The Court may suspend the acting upon declaration. 17. Special case to be a lis pendens, and may be registered. 18. Mode of identifying documents, and Court may order production. 19. Court, on application of executors or administrators, may by order of course direct it to be referred to a Master to take an account of debts and liabilities. 20. Master's report may be objected to by motion to the Court, of which notice shall be given. 21. Proceeding of the Court on such motion. 22. If debts or certain liabilities allowed, and not paid or provided for, order may be made for payment or accounts. 23. Court, on application of executors or administrators, may direct appropriation of money to answer contingent liabilities. 24. Court may restrain proceedings against executors and administrators. 25. Protection to be afforded to executors and administrators. 26. Notwithstanding provisions of 3 & 4 Will. 4. c. 94, Judges of the Court may hear and determine applications mentioned in Act, if they think fit. 27. Exceptions for scandal, impertinence and insufficiency to be heard by the Court. 28. Power for Court, notwithstanding any rule, &c. to the contrary, to receive proof by affidavit. 29. Certain provisions of 53 Geo. 3. c. 24. and 5. Vict. c. 5. repealed in part. 30. Power to Lord Chancellor, &c. to make general rules and orders from time to time. 31. Rules and orders to be laid before Parliament, and to be binding from the time appointed, or from the making, unless objected to by vote of either House of Parliament.—Rules and orders not laid before Parliament within time limited to be void. 32. Until rules or orders are made, and if not applicable when made, practice to be according to this Act and practice of the Court. 33. Decrees and orders to be subject to appeal, &c. 34. Interpretation of terms. 35. Commencement of Act. 36. Act may be amended, &c. By this ACT, After reciting that proceedings in the High Court of Chancery in England are attended with great delay and expense, which it is expedient to diminish: It is Enacted, 1. That it shall be lawful for persons interested or claiming to be interested in any question cognizable in the said Court as to the construction of any Act of Parliament, will, deed, or other instrument in writing, or any article, clause, matter or thing therein contained, or as to the title or evidence of title to any real or personal estate contracted to be sold or otherwise dealt with, or as to the parties to or the form of any deed or instrument for carrying any such contract into effect, or as to any other matter falling within the original jurisdiction of the said Court as a court of equity, or made subject to the jurisdiction or authority of the said Court by any statute not being one of the statutes relating to bankrupts, and including among such persons all lunatics, married women and infants, in the manner and under the restrictions hereinafter contained, to concur in stating such question in the form of a special case for the opinion of the said Court, and it shall also be lawful for all executors, administrators, and trustees to concur in such case. II. That the committee of the estate of any lunatic interested or claiming to be interested in any such question as aforesaid may, after having been authorized in that behalf by the Lord Chancellor, concur in such case in his own name and in the name and on the behalf of the lunatic. III. That a husband interested or claiming to be interested in right of his wife in any such question as aforesaid may concur in such case in his own name and in the name of his wife where the wife has no claim to any interest distinct from her husband, and that a married woman having or claiming any interest in any such question as aforesaid distinct from her husband may in her own right concur in such case, provided that her husband also concurs therein. IV. That the guardian of any infant interested or claiming to be interested in any such question as aforesaid may concur in such case in the name and on the behalf of the infant, unless such guardian has an interest in such question adverse to the interest of the infant therein. v. That it shall be lawful for the said Court, by order to be made in the matter of any lunatic not found such by inquisition, or in the matter of any infant, upon the application of any person on the behalf of such lunatic, or upon the application of such infant, by motion or petition, to appoint any person shewn by affidavit to be a fit person, and to have no interest adverse to the interest of the lunatic or infant, to be the special guardian of such lunatic or infant for the purpose of concurring in such case in the name and on behalf of the lunatic or infant, and any such person so appointed may lawfully so concur: Provided always, that it shall be lawful for the said Court to require notice of such application to be given to such person, if any, as the Court shall think fit. |