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Buildings.

Sections 75 to 78 of 10 and 11 Vict. c. 34. incorporated with this Act.

(Secs. 65.66) LXXXIII. If any Building or Hole or any other Place near any Dangerous

Places to be reStreet be, for Want of sufficient Repair, Protection, or Inclosure, paired or indangerous to the Passengers along such Street, the Commissioners shall cause the same to be repaired, protected, or inclosed, so as to prevent Danger therefrom ; and the Expences of such Repair, Protection, or Inclosure shall be repaid to the Commissioners by the Owner of the Premises so repaired, protected, or inclosed, and shall be recoverable from him as Damages. (a.) And with respect to ruinous or dangerous Buildings, be it Ruinous enacted,

LXVI. That the following Sections of “The Towns Improvement Clauses Act, 1847,” shall be incorporated with this Act:

The Section numbered 75 of the said Act: LXXV. If any Building or Wall, or any Thing affixed thereon, Ruinous or danwithin the Limits of the special Act, be deemed by the Surveyor to be taken down

or secured by of the Commissioners to be in a ruinous State, and dangerous to Owners, &c. Passengers or to the Occupiers of the neighbouring Buildings, such Surveyor shall immediately cause a proper Hoard or Fence to be put up for the Protection of Passengers, and shall cause Notice in Writing to be given to the Owner of such Building or Wall, if he be known and resident within the said Limits, and shall also cause such Notice to be put on the Door or other conspicuous Part of the said Premises, or otherwise to be given to the Occupier thereof, if any, requiring such Owner or Occupier forthwith to take down, secure, or repair such Building, Wall, or other Thing, as the Case shall require ; and if such Owner or If Owner, &c. Occupier do not begin to repair, take down, or secure such Build- Commissioners ing, Wall, or other Thing within the Space of Three Days after same to be done, any such Notice has been so given or put up as aforesaid, and &c. with the Excomplete such Repairs, or taking down or securing, as speedily as the Nature of the Case will admit, the said Surveyor may make Complaint thereof before Two Justices, (6.) and it shall be lawful for such Justices to order the Owner, or in his Default the Occupier (if any), of such Building, Wall, or other Thing, to take down, rebuild, repair, or otherwise secure, to the Satisfaction of such Surveyor, the same, or such Part thereof as appears to them to be in a dangerous State, within a Time to be fixed by such Justices; and in case the same be not taken down, repaired, rebuilt, or otherwise secured within the Time so limited, or if no Owner or

Occupier can be found on whom to serve such Order, the Com(a.) See Note to Sec. 129 of the Public Health Act, post section 127, as to the Recovery of these

neglect to repair,

may cause the

charging Owner,

pences.

Damages.

(6.) The mode of proceeding before Justices is regulated by the 131st section of the Public Health Act, incorporated by section 127 post,

(Section 66.)

rebunli the Espencebuilding, or he Owner the

The Expences to be levied by Distress on the Owner.

If Owner cannot be found, Commissioners may take the House or Ground, making Compensation provided by 7 and 8 Vict. c. 18

missioners shall with all convenient Speed cause all or so much of
such Building, Wall, or other Thing as shall be in a ruinous Con-
dition, and dangerous as aforesaid, to be taken down, repaired,
rebuilt, or otherwise secured in such Manner as shall be requisite ;
and all the Expences of putting up every such Fence, and of taking
down, repairing, rebuilding, or securing such Building, Wall, or
other Thing, shall be paid by the Owner thereof.

Also the Section numbered 76 of the said Act :
LXXVI. If such Owner can be found within the Limits of the

special Act, and if, on Demand of the Expences aforesaid, he neg-
lect or refuse to pay the same, then such Expences may be levied
by Distress, and any Justice may issue his Warrant accordingly. (a)

Also the Section numbered 77 of the said Act:
LXXVII. If such Owner cannot be found within the said Limits, or

sufficient Distress of his Goods and Chattels within the said Limits
cannot be made, the Commissioners; after giving Twenty-eight
Days Notice of their Intention to do so, by posting a printed or
written Notice in a conspicuous Place on such Building, or on the
Land whereon such Building stood, may take such Building or
Land, provided that such Expences be not paid or tendered to
them within the said Twenty-eight Days, making Compensation
to the Owner of such Building or Land in the Manner provided
by the Lands Clauses Consolidation Act, 16.) 1845, in the Case of
Lands taken otherwise than with the Consent of the Owners and
Occupiers thereof, and the Commissioners shall be entitled to
deduct out of such Compensation the Amount of the Expences
aforesaid, and may thereupon sell or otherwise dispose of the said
Building or Land for the Purposes of this Act.

Also the Section numbered 78 of the said Act.
LXXVIII. If any such House or Building as aforesaid, or any Part

of the same, be pulled down by virtue of the Powers aforesaid,
the Commissioners may sell the Materials thereof, or so much of
the same as shall be pulled down, and apply the Proceeds of such
Sale in Payment of the Expences incurred in respect of such House
or Building; and the Commissioners shall restore any Overplus
arising from such Sale to the Owner of such House or Building,
on Demand ; nevertheless, the Commissioners, although they sell
such Materials for the purposes aforesaid, shall have the same Re-
medies for compelling the Payment of so much of the said Ex-

Commissioners may sell the Materials, restoring to the Owner Overplus arising from the Sale.

[a.] The mode of proceeding before Justices is regulated by the 131st Sec. of the Public Health Act, incorporated by Sec. 127 post.

[6.] See this Act inserted in full in Appendix, No. 6. The compensation clauses are sections 22 to section 68, both inclusive. The clauses as to the application of Compensation money, are section 69 to section 80, both inclusive. See section 26 and note, ante, page 41.

pences as may remain due after the Application of the Proceeds of

(Secs. 66.67) such Sale as are herein before given to them or compelling the Payment of the whole of the said Expences.

Sections 0 to 20,

of 10 and 11 Vict. c. 89. incorporated with this Act.

ppointment of , Constables.

93. 3 and 4 Vict.

And with respect to Police, and the Appointment, Powers, and Police. Duties, and Privileges of Constables, be it enacted, LXVII. That the following Sections of “The Town Police Sections 6 to 20,

and 34, 35, & 36 Clauses Act, 1847,” shall be incorporated with this Act :

The Section numbered 6 in the said Act : VI. If any Constables (a.) shall have been appointed within the Appointment of

Limits of the special Act under the Provisions of an Act passed 2 and 3 Vict. c. in the Third Year of the Reign of Her Majesty, intituled An Act 2: 88. for the Establishment of County and District Constables by the Authority of the Justices of the Peace ; and of another Act passed in the Fourth Year of the Reign of Her Majesty, intituled An Act to amend the Act for the Establishment of County and District Constables; and if the Justices for the County in which such District is situated, in General or Quarter Session assembled, report to One of Her Majesty's Principal Secretaries of State that the Constables so appointed ought to be discontinned, and the said Constables be, in pursuance thereof or otherwise, discontinued, or where no Constables shall have been appointed under the Provisions of the lastmentioned Act, the Commissioners may from Time to Time appoint and employ a Superintendent Constable and also such Number of Constables as they judge necessary for the Protection of the Inhabitants and Property within the said Limits, and allow the Superintendent Constable and the other Constables such Salaries or Wages as they think proper; and it shall be lawful for the Commis- And Removal. sioners from Time to Time to remove any such Superintendent Constable, Constables, and Officers as they thing fit.

Also the Section numbered 7 in the said Act:

for additional

case of Need

VII. Where Constables shall have been appointed under the last power to apply

Two recited Acts, or either of them, the Commissioners, if they Constables in think it necessary so to do, may apply to the Chief Constable of Cas the County in which the District within the said Limits is situated, under the Provisions of the last-recited Act, to appoint any additional Number of Constables within the said Limits, and they may pay the Charge of such Appointments out of the Rates to be levied And pay the under this and the special Act.

charge.

Also the Section numbered 8 in the said Act:

(2.) The County Constabulary have been in existence many years in Cheltenham.

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VIII. Any Justice may swear in any Person appointed and employed

as a Constable under this and the special Act, and the Constables so sworn in shall have, within the Limits of the special Act, and in any Place not more than Five Miles beyond such Limits, the like Powers, Privileges, and Duties, (a.) and shall have the same Indemnities and Protection, and shall be subject to the like Penalties and Forfeitures, as any Constable duly appointed has or is subject to within his Constablewick by Law.

Duties and Powers of

Also the Section numbered 9 in the said Act:

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IX. The Commissioners may defray the Expence of prosecuting any

Felons or Offenders, and of defending any Constable in the execu-
tion of his Duty, and may make such Allowances to any Constable
disabled in the Execution of his Duty, or worn out by Length of
Service, as the Commissioners think reasonable.
Also the Section numbered 10 in the said Act :

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X. No Constable appointed under this or the special Act shall resign

his Office, or withdraw himself from the Duties thereof, unless expressly allowed so to do in Writing by the Commissioners or by the Superintendent Constable, or until after he has given to such Superintendent Constable One Month's Notice; and every Constable who so resigns or withdraws himself without such Leave or Notice shall be liable to forfeit all Arrears of Pay then due to him, or to a Penalty of not more than Five Pounds, or, in the Discretion of the Justices before whom he shall be convicted, may be committed to Prison, there to remain for a Time not exceeding Fourteen Days.

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Also the Section numbered 11 in the said Act :
XI. Every Constable appointed under this or the special Act who is

dismissed from or ceases to hold and exercise his Office shall forth-
with deliver over to the Superintendent Constable, or to such
Person and at such Time and Place as the Commissioners direct,
all the Clothing, Accoutrements, Appointments, and other Neces-
saries which have been supplied to him for the Execution of his
Duty, under pain of Imprisonment, with or without hard Labour,
for any Time not exceeding One Month ; and any Justice of the
Peace may issue his Warrant to search for and seize to the Use of
the Commissioners all the Clothing, Accoutrements, Appointments,
and other Necessaries not so delivered over, wherever the same
are found.

Search for.

Also the Section numbered 12 in the said Act :

(a.) See further as to their duties, section 14 of the Towns Police Clauses Act post.

assuming the

(Section 67.) XII. Every Person who, not being at the Time a Constable appointed Penalty for una

1. lawful Possesunder this or the special Act, has in his Possession any Article sion of Accoutre

ments, or for being Part of the Clothing, Accoutrements, or Appointments mus supplied to any such Constable, and who is not able satisfactorily Dress of Conto account for his Possession thereof, or who puts on the Dress or takes the Name, Designation, or Character of any Person appointed as such Constable, for the Purpose of thereby obtaining Admission into any House or other Place, or of doing or procuring to be done any Act which such Person would not be entitled to do or procure to be done of his own Authority, or for any other unlawful Purpose, shall, in Addition to any other Punishment to which he is liable for such Offence, be liable to a Penalty of not exceeding Ten Pounds.

Also the Section numbered 13 in the said Act : XIII. The Commissioners may from Time to Time purchase or rent Power to provide

Offices, Watchany Building or Land, and convert such Buildings into or build houses, &c. on such Land Offices, Watch-houses, Lock-up Houses, and other Places necessary for the Purposes of this and the special Act, with all proper Conveniences thereto, and may repair the same from Time to Time, and furnish and fit up the same, and employ proper Persons to take care thereof.

Also the Section numbered 14 in the said Act:
XIV. The Constables appointed by virtue of this and the special Duties of Con-

Act shall keep Watch and Ward within the Limits of the special Stables.
Act, and shall use their best Endeavours to prevent any Mischief
by Fire, and all Felonies, Misdemeanors, and Breaches of the

Peace.
And besides the Duties mentioned in the said Section, the
Constables shall also obey all lawful Directions of the Commis-
sioners for enforcing the Provisions and executing the Purposes
of this Act, or any Byelaw made under the same : (a.)

Also the Section numbered 15 in the said Act:

Power to Polico
Constables and

grieved to appre

XV. Any Person found committing any Offence punishable either Power to Polico

upon Indictment or as a Misdemeanor upon summary Conviction Persons agby virtue of this or the special Act may be taken into Custody, hend certain

Offenders. without a Warrant, by any of the said Constables, or may be apprehended by the Owner of the Property on or with respect to which the Offence is committed, or by his Servant or any Person authorized by him, and may be detained until he can be delivered into the Custody of a Constable; and the Persons so arrested

(a.) See further as to their duties, section 8 of the Towns Police Clauses Act, ante, page 88.

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