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sioners may

contracts for

and improving, such public baths and wash-houses and open Councils and bathing places, and for supplying the same respectively with Commiswater, and for lighting the same respectively, and for fitting up the same respectively, and for furnishing any materials and enter into things, and for executing and doing any other works and things the purposes necessary for the purposes of the Act; which contracts respect- of this Act. ively shall specify the several works and things to be executed, 9 & 10 Vict. furnished, and done, and the prices to be paid for the same, c. 74, s. 26. and the times when the works and things are to be executed, furnished, and done, and the penalties to be suffered in cases of non-performance; and all such contracts, or true copies thereof, shall be entered in books to be kept for that purpose. No contract above the value or sum of £100 shall, however, No contract be entered into by the Council or the Commissioners, for the above £100 purposes of the Act, unless previous to the making thereof to be entered fourteen days' notice shall be given in one or more of the notice. public newspapers published in the county in which the borough Ib. or parish shall be situated, expressing the intention of entering into such contract, in order that any person willing to undertake the same may make proposals for that purpose, to be offered to the Council or Commissioners at a certain time and place in such notice to be mentioned, but it shall not be incumbent on the Council or Commissioners to contract with

the

person offering the lowest price.

into without

sioners may purchase ex

The Council of any borough, and the Commissioners, with Council or the approval of the vestry of any parish, may, if they shall Commisthink fit, contract for the purchase or lease of any baths and wash-houses already or hereafter to be built and provided in isting baths, any borough or parish, and appropriate the same to the pur- etc. poses of the Act, with such additions or alterations as they shall Ib. s. 27. respectively deem necessary; and the trustees of any public baths and wash-houses which have been already or may hereafter be built or provided in any borough or parish by private subscriptions or otherwise may, with the consent of the Council of any borough, or with the consent of the Commissioners, and approval of the vestry of any parish, and with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell or lease the said baths and wash-houses to the Council or Commissioners respectively, or make over to them the management of such baths and wash-houses. In all such cases the baths and wash-houses so purchased or leased, or of which the management has been so made over, shall be deemed to be within the provisions of the Act as fully as if they had been built or provided by the Council or Commissioners : and the property therein shall be vested in the mayor, aldermen, and burgesses in the case of a borough, or in the Commissioners in the case of a parish.

Any commissioners of waterworks, trustees of waterworks, water companies, canal companies, gas companies, and other corporations, bodies, and persons having the management of

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Power to water and

gas companies to supply water and

gas to baths,

etc.

c. 74, s. 28.

Sale and exchange of lands.

Ib. s. 31.

any waterworks, canals, reservoirs, wells, springs, and streams of water, and gas works respectively, may in their discretion grant and furnish supplies of water or gas for public baths and wash-houses and open bathing places either without charge or on such favourable terms as they shall think fit.

The Council, with the approval of the Commissioners of Her 9 & 10 Vict. Majesty's Treasury, and the Commissioners appointed under the Act, with the approval of the vestry, and of the Commissioners of Her Majesty's Treasury respectively, may from time to time make sale and dispose of any lands vested in the mayor, aldermen, and burgesses, or in the Commissioners respectively for the purposes of the Act, and apply the proceeds in or towards the purchase of other lands better adapted for such purposes, and may, with the like approval, exchange any lands. so vested, and either with or without paying or receiving any money for equality of exchange, for any other lands better adapted for such purposes, and the mayor, aldermen, and burgesses, or the Commissioners, may convey the lands so sold or exchanged accordingly.

Sale of baths, etc.

Ib. s. 32.

Councillors

and Commis.

sioners not to be personally liable.

Ib. s. 29.

Management to be vested

in Councils and Parish Commis

Whenever any public baths or wash-houses, or open bathing places which shall have been for seven years or upwards established under the authority of the Act shall be determined by the Council or by the vestry, in accordance with a previous recommendation of the Commissioners, to be unnecessary or too expensive to be kept up, the Council or Commissioners, with the approval of the Commissioners of Her Majesty's Treasury, may sell the same for the best price that can reasonably be obtained for the same, and the mayor, aldermen, and burgesses, or the Commissioners, shall convey the same accordingly; and the purchase money shall be paid to such person as the Council or Commissioners shall appoint, and his receipt shall be a sufficient discharge for the same; and the net proceeds of such sale shall be paid to the credit of the borough fund, or of the rate for the relief of the poor of the parish.

any

Nothing in the Act contained shall render any member of the Council of any borough, or any Commissioner, personally, or of of their lands, goods, chattels, or moneys (other than such lands, goods, chattels, or moneys as may be vested in or under the management or control of the Council or Commissioners respectively in pursuance of the Act), liable to the payment of any sum of money as or by way of compensation or satisfaction for or in respect of anything done or suffered in due pursuance of the Act.

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5.

MANAGEMENT OF PUBLIC BATHS AND WASH-HOUSES. The general management, regulation, and control of the public baths and wash-houses and open bathing places established under the Act shall, subject to the provisions of the Act, be as to any borough vested in and exercised by the

Council, and as to any parish vested in and exercised by sioners. the Commissioners.

9 & 10 Vict. c. 74, s. 33.

may make

and wash

The bye-laws which the Council and Commissioners respect- Council, etc., ively may from time to time make, alter, repeal, and enforce, shall include such bye-laws for the management, use, and regu- bye-laws for] lation of the public baths and wash-houses and open bathing regulating the places, and of the persons resorting thereto respectively, and use of baths for determining from time to time the charges for the use of such houses, etc., baths and wash-houses and open bathing places respectively, and charges as the Council and Commissioners respectively shall think fit, thereat. and they respectively may appoint any penalty not exceeding Ib. s. 34. five pounds for any and every breach, whether by their officers or servants, or by other persons, of any bye-law made by them respectively; and such bye-laws shall make sufficient provision. for the several purposes respectively expressed in the following schedule :

Bye-laws to be made in all cases.

For securing that the baths and wash-houses and open Ib. sch. (A.) bathing places shall be under the due management and control

of the officers, servants, or others appointed or employed in that behalf by the Council or Commissioners.

For securing adequate privacy to persons using the baths and wash-houses and open bathing places, and security against accidents to persons using the open bathing places.

For securing that men and boys above eight years old shall bathe separately from women and girls and children under eight years old.

For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances. For determining the duties of the officers, servants, and others appointed by the Council or Commissioners.

In parishes. For regulating the procedure of the Commis

sioners.

No bye-law made under the authority of the Act shall be of Bye-laws to any legal force until the same shall have received the approval be approved of the Local Government Board. by the Local Government

A printed copy or sufficient abstract of the bye-laws relating Board. to the use of the baths and open bathing places respectively 9 & 10 Vict. shall be put up in every bath room and open bathing place c. 74, s. 34. respectively; and a printed copy or sufficient abstract of the Copies or bye-laws relating to the use of the wash-houses shall be put up bye-laws to in some convenient place near every washing tub or trough, or be hung up in every pair of washing tubs or troughs, in every wash-house.

abstracts of

every bath

C. 74, s. 35.

The number of baths for the labouring classes in any build- room, etc., ing or buildings under the management of the same Council 9 & 10 Vict. or Commissioners shall not be less than twice the number of Proportion of the baths of any higher class if but one, or of all the baths baths for the of any higher classes if more than one, in the same building or labouring buildings.

classes.

Ib. s. 36.

Proportion of washing accommodation for labouring classes.

10 & 11 Vict. c. 61, s. 5.

As to recovery of charges at wash-houses.

9 & 10 Vict. c. 74, s. 38.

Power to

for use of

The number of washing tubs or troughs for the labouring classes in any building or buildings under the management of the same Council or Commissioners shall not be less than twice the number of the washing tubs or troughs of any higher class, if but one, or of all the higher classes if more than one, in the same building or buildings.

may

For the recovery of the charges at wash-houses the officers, servants, and others having the detain management thereof the clothes brought to be washed or other goods and chattels of any person refusing to pay the charge to which such person may be liable, or any part thereof, till full payment thereof be made, and in case payment be not made within seven days may sell such clothes, goods, and chattels, or any of them, returning the surplus proceeds of such sale, after deducting the unpaid charge and the expenses of such detention and sale, and the unsold articles, if any, on demand, to such person.

The Council and the Commissioners respectively may from make charge time to time make such reasonable charges for the use of the baths and wash-houses and open bathing places provided under the Acts as they think fit, not exceeding the charges mentioned in the following schedule :

baths, etc., not exceeding

those in the schedule.

10 & 11 Vict. Charges for the Baths and Wash-houses and open Bathing Places.

c. 61, s. 7. Ib. sch.

1. Baths for the Labouring Classes.

Every bath to be supplied with clean water for every person bathing alone, or for several children bathing together, and in either case with one clean towel for every bather.

For one person above eight years old:

Cold bath, or cold shower bath, any sum not exceeding id.

Warm bath, or warm shower bath, or vapour bath, any sum not exceeding 2d.

For several children, not above eight years old, nor exceeding four, bathing together:

Cold bath, or cold shower bath, any sum not exceeding 2d.

Warm bath, or warm shower bath, or vapour bath, any sum not exceeding 4d.

2. Baths of any higher Class.

Such charges as the Council and the Commissioners respectively think fit, not exceeding in any case three times the charges above mentioned for the several kinds of baths for the labouring classes.

3. Wash-houses for the Labouring Classes.

Every wash-house to be supplied with conveniences for washing and drying clothes and other articles.

and wash

For the use by one person of one washing tub or trough, and Charges for
of a copper or boiler (if any), or, where one of the wash- use of baths
ing tubs or troughs shall be used as a copper or boiler, for
the use of one pair of washing tubs or troughs, and for the
use of the conveniences for drying:

For one hour only in any one day, any sum not exceed-
ing id.

For two hours together, in any one day, any sum not
exceeding 3d.

Any time over the hour or two hours respectively, if not exceeding five minutes, not to be reckoned.

For two hours not together, or for more than two hours in any one day, such charges as the Council and the Commissioners respectively think fit.

For the use of the washing conveniences alone, or of the drying conveniences alone, such charges as the Council and the Commissioners respectively think fit, but not exceeding in either case the charges for the use for the same time of both the washing and the drying conveniences.

4. Wash-houses of any higher Class.

Such charges as the Council and the Commissioners respectively think fit.

5. Open Bathing Places.

Where several persons bathe in the same water, for one person d

houses.

negligence.

As bearing on the liabilities of the Local Board or Com- Liability for missioners in respect of injuries caused to persons by defective injuries caused by machinery, the following case will show how necessary it is for the officers in charge of the wash-houses to see that the machinery is kept at all times in proper order, and properly fenced where necessary. The corporation of a town caused a wash-house to be erected, with a wringing machine, under the Baths and Wash-Houses Act, 9 & 10 Vict. c. 74, which vests such houses in the corporation, the actual management being in the Council, the members of which are not to be personally liable. The machine was originally intended to be worked by hand, and being worked by steam a projecting rod was needlessly retained, which went round with great rapidity, and had no protection. The persons who used the wash-house paid for the use of it, and a woman using the machine, without negligence on her part, was caught by the rod when revolving, and thereby received an injury. Under these circumstances it was held that the corporation were liable to an action for the injury so received. (1)

(1) Cowley v. Sunderland (Mayor, &c. of) 6 H. & C. 565; 4 L. T.

(N. S.) 120; 30 L. J. Exch, 127.

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