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(Secs.56.57)

Allowance of Rates unnecessary.

by them to the Treasurer, and carried to the District Fund Account mentioned in this Act: Provided also, that neither the Allowance by Justices, nor the Signature by the Local Board of Health, shall be necessary in the Case of any Rate made by the Local Board of Health under this Act.

As to Collections
of Tolls and re-
pairing Roads,
&c. in the Bo-
rough of Chel-
tenham ;

by Commission

As to Collections LVII. That the Trustees of any Turnpike Road (a.) shall not pairing Roads, collect Tolls on any Road in the Borough, or lay out any Money

thereon, save that the Trustees acting in execution of the Local
Act of the First and Second Year of King William the Fourth,
Chapter 16, relating to the Cheltenham District of Turnpike
Roads, shall continue to repair all such Roads in the said Borough
as are now repaired by them, and may collect Tolls at the seve-
ral Toll Gates and Toll Bars and Weighing Machines at which
Tolls are now received by such Trustees, and at any Toll Gate,
Bar, or Chain to be at any Time hereafter set up by the said
Trustees on, across, or on the side of any Part of the Road made
a Turnpike Road by virtue of the said Act, and leading from or
near to the Top or Eastern End of the High Street in the Town
and Parish of Cheltenham aforesaid to the Turnpike Road lead-
ing from Cheltenham towards Birdlip, not nearer to the Parish

Church of Cheltenham than the present Turnpike Gate called the If roads repaired Charlton Park Gate : Provided, that in the event of any Part of ers tolls to cease. the said Turnpike Roads within the Borough which are now re

paired by the Trustees not being repaired by them, and being repaired by the Commissioners, then the Power to collect Tolls

on such Part of the said Turnpike Roads shall cease ; and save of Tolls by Chel- also, that the Trustees acting in execution of the Cheltenham and

Gloucester Turnpike Road Act, 1851, may continue to collect Tolls at the several Toll Gates and Toll Bars in the Borough at which Tolls were before the Twentieth Day of May One thousand eight hundred and fifty-one lawfully collected by such Trustees, and at any Toll Gate, Bar, or Chain to be from Time to Time lawfully set up on or on the Side of any part of the Roads in the said Trust not nearer to the Parish Church of Cheltenham than the present Turnpike Gate called the Montpellier or Lansdowne Gate, or the present Turnpike Gate, called the Junction Gate, thereto adjoining; but the said Trustees shall not continue or set up any Toll Gate, Bar, or Chain in, upon, or across any Lane or Way within the Borough leading into the same Roads,

As to Collection of Tolls by Cheltenham & Glou. cester Trust.

(a) The interpretation clause includes a "Turnpike Road" in the word street. see p. 4 though the Public Health Act excluded it.

may cleanse, &o.

Highways or not.

Obstructions.

of 10 and 11 Vic. c. 89, incorporated with this Act.

Obstructions in

ing public Processions, &c.

Limits of the siminations, and in hand may also giv

(Secs.58.59) or on the Sides thereof, anything in the said Turnpike Act con-' tained to the contrary notwithstanding.

LVIII. That the Commissioners may efficiently cleanse, light, Commissioners water, and scavenge every present and future Street (a.) in the Streets, whether Borough (whether a Highway or not), but no Street shall thereby become a Highway.

And with respect to Obstructions of the Passage in the Streets, Street be it enacted,

LIX. That the following Sections of the “Towns Police Clauses Sections 21 to 27 Act, 1847,” shall be incorporated with this Act :

The Section numbered 21 of the said Act:
XXI. The Commissioners may from Time to Time make Orders for power to prevent

the Route to be observed by all Carts, Carriages, Horses, and Per- the streets du.
sons, and for preventing Obstruction of the Streets within the
Limits of the special Act, in all Times of public Processions, Re-
joicings, or Illuminations, and in any Case when the Streets are
thronged or liable to be obstructed, and may also give Directions
to the Constables for keeping Order and preventing any Obstruc-
tion 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.

Also the Section numbered 22 of the said Act:
XXII. On Application to the Commissioners by the Minister or

Churchwardens or Chapelwardens of any Church, Chapel, or other power to regu-
Place of public Worship within the Limits of the special Act, the Persons driving
Commissioners may make Orders for regulating the Route by &c. during Di-
which Persons shall drive any Cart or Carriage, or Cattle, or the
Manner in which they shall drive them, in the 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 Commission-
ers 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 ex-

est rate Offene wilful Broof Theatrcany Obsttions

ceeding Forty Shillings. (a) The interpretation clause includes a “Turnpike Road" in the word street. see p. 4 though the Public Health Act excluded it.

late the Route of

Carts, Carriages

vine Service,

(Section 59.)

Also the Section numbered 23 of the said Act:

Proprietors of Stage Carriages deviating from Route by Order free from Penalty.

XXIII. No Proprietor of any Stage Carriage duly licensed to carry

Passengers for Hire shall be liable to any Penalty for any Deviation from the Route or Line of Route specified in his Licence which the Driver of such Stage Carriage makes in consequence of any Regulation or Direction made or given by the Commissioners. Also the Section numbered 24 of the said Act :

Power to im. pound stray Cattle.

Penalty for Straying

Power to sell stray Cattle for Penalty and Expences.

XXIV. If any Cattle be at any Time found at large in any Street

within the Limits of the special Act, without any Person having
the Charge thereof, any Constable or Officer of Police, or any Per-
son 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 Pur-
pose, 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.

Also the Section numbered 25 of the said Act:
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 Commisioners, and
shall be by them paid, on Demand, to the Owner of the Cattle so
sold.

Also the Section numbered 26 of the said Act :
XXVI. Every Person who releases or attempts to release any Cattle

from any Pound or Place where the same are impounded under the
Authority of this or the special Act, or 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.

byme Newspaper pub Money arising fromsaid, and all of

Persons gailty of
Pound-breach to
be committed for
Three Months

(Secs.59.60.)

Also the Section numbered 27 of the said Act.

oners mayor the purpo and su

a Pound.

XXVII. The Commissioners may purchase a Piece of Land within Power to provide

the Limits of the special Act for the Purpose of a Pound for stray Animals, and may erect a Pound thereon, and such Pound when made shall be kept in repair by the Commissioners.

Street

And with respect to Annoyances in the Streets, be it enacted, Annoyances.

es Sections 28 and

29 of 10 and 11

porated with this

sons committing

Offences

LX. That the following Sections of the “Town Police Clauses Sections 28 and Act, 1847," shall be incorporated with this Act, and shall ex- Vict. c. 89 incortend not only to the Borough but to any Place within One Mile Act. in a direct Line from the Church of Saint Mary Cheltenham :

The Section numbered 28 of the said Act; but the Prohibition therein contained as to drawing a Carriage on the Footway shall not extend to Wheel Chairs or Fly Chairs which may now be lawfully drawn upon the Footway: XXVIII. Every Person who in any Street, to the Obstruction, An- Penalty on Per

noyance, or Danger of the Residents or Passengers, commits any any of the
of the following Offences, shall be liable to a Penalty not exceed- herein named.
ing Forty Shillings for each Offence, or, in the Discretion of the
Justice before whom he is convicted, may be committed to Prison,
there to remain for a Period not exceeding Fourteen Days, and any
Constable or other Officer appointed by virtue of this or the spe-
cial Act shall take into Custody, without Warrant, and forthwith
convey before a Justice, any Person who within his View commits

any such Offence; (that is to say,) Every Person who exposes for Show, Hire, or Sale (except in a Mar- As to Exposing,

ket or Market Place or Fair lawfully appointed for that Purpose) for sale, &c.
any Horse or other Animal, or exhibits in a Caravan or otherwise
any Show or public Entertainment, or shoes, bleeds or farries any
Horse or Animal (except in Cases of Accident,) or cleans, dresses,
exercises, trains or breaks, or turns loose any Horse or Animal,
or makes or repairs any Part of any Cart or Carriage (except in

Cases of Accident where Repair on the Spot is necessary):
Every Person who suffers to be at large any unmuzzled ferocious Dogs.

Dog, or sets on or urges any Dog or other Animal to attack, worry,

or put in fear any Person or Animal :
Every Owner of any Dog who suffers such Dog to go at large, knowing

or having reasonable Ground for believing it to be in a rabid State,
or to have been bitten by any Dog or other Animal in a rabid

State:
Every Person, who after public Notice given by any Justice direct-

ing Dogs to be confined on account of Suspicion of Canine Mad

&c. Horses, &e.

(Section 59.)

Also the Section numbered 23 of the said Act:

Proprietors of
Stage Carriages
deviating from
Route by Order
free from
Penalty.

XXIII. No Proprietor of any Stage Carriage duly licensed to caj

Passengers for Hire shall be liable to any Penalty for any Der tion from the Route or Line of Route specified in his Lice which the Driver of such Stage Carriage makes in consequenc any Regulation or Direction made or given by the Commissio Also the Section numbered 24 of the said Act:

Power to im. pound stray Cattle.

XXIV. If any Cattle be at any Time found at large in any

within the Limits of the special Act, without any Person ! the Charge thereof, any Constable or Officer of Police, or ar son residing within the Limits of the special Act, may se impound such Cattle in any common Pound within the said or in such other place as the Commissioners appoint for th pose, and may detain the same therein until the Owner pay to the Commissioners a Penalty not exceeding Forty & besides the reasonable Expenses of impounding and keej Cattle.

Penalty for Straying.

Power to sell stray Cattle for Penalty and Expences.

Also the Section numbered 25 of the said Act:
XXV. If the said Penalty and Expenses be not paid wit

Days after such impounding, the Pound-keeper, or oth
appointed by the Commissioners for that Purpose, may
sell or cause to be sold any such Cattle ; but previous t
Seven Days Notice thereof shall be given to or left at th
House or Place of Abode of the Owner of such Cat
known, or if not, then Notice of such intended Sale sl
by Advertisement, to be inserted Seven Days before
some Newspaper published or circulated within the I
special Act; and the Money arising from such Sale, af
the said Sums, and the Expenses aforesaid, and all ot'
attending the impounding, advertising, keeping, and
such Cattle so impounded, shall be paid to the Comm
shall be by them paid, on Demand, to the Owner of
sold.

Also the Section numbered 26 of the said Act
XXVI. Every Person who releases or attempts to rel

from any Pound or Place where the same are impou
Authority of this or the special Act, or who pulls
or destroys the same Pound or Place, or any Par
Intent to procure the unlawful Release of such Cat
Conviction of such Offence before any Two Justic
by them to some Common Gaol or House of C
Time not exceeding Three Months.

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