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Act may be amended, &c.

Act may be
adopted in any
incorporated
Borough in

Ireland regu -
lated under
3 & 4 Vict.
c. 108. ; and

also in any City
which Commis-

or Town in

sioners have been elected under 9 G. 4. c. 82.

Interpretation of Act.

and of the Discharge of the Duties of the Commissioners of Public Works for the Time being thereunder.

X. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

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An Act for promoting the voluntary Establishment in
Boroughs and certain Cities and Towns in Ireland of
public Baths and Wash-houses. [26th August 1846.]
WHEREAS it is desirable, for the Health, Comfort, and

Welfare of the Inhabitants of Cities and Towns in Ireland, to encourage the Establishment therein of public Baths ' and Wash-houses, and public open Bathing Places;' be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act may be adopted for any incorporated Borough in Ireland which is regulated under an Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present Majesty, to provide for the Regulation of Municipal Corporations in Ireland, or any Charter granted in pursuance of the said Act, or any Act passed for the Amendment thereof; and also for any City or Town in Ireland in which any Commissioners shall have been or shall be elected under an Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act to make Provision for the lighting, cleansing, and watching of Cities, Towns Corporate, and Market Towns in Ireland, in certain Cases; and for any City or Town in Ireland in which there shall be Commissioners or Trustees, or other Persons appointed for the Time being, under any local or other Act or Acts, for paving, flagging, lighting, watching, cleansing, or improving such Town, or for any of such Purposes, and in which respectively there shall not be a Town Council elected under the Provisions of the said Act of the Third and Fourth Years of the Reign of Her present Majesty.

II. And be it enacted, That in this Act the following Words and Expressions shall have the several Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,) "Town" shall include any Borough in which Commissioners Trustees, or other Persons have been or shall be elected or appointed under the Provisions of the said Act of the Ninth Year of King George the Fourth, or any such local or other Act or Acts as aforesaid, for the Purposes of executing the Provisions or Powers of such Act or Acts, or superintending the Execution of the same, and in which there shall not be a Town Council elected under the Provisions of the said Act of the Third and Fourth Years of the Reign of Her present Majesty :

"Town Rate" shall mean the Rate or Rates authorized in each

Case to be levied by any such Commissioners, Trustees, or other such Persons as aforesaid, elected or appointed for any

City or Town under the Provisions of the said Act of the
Ninth Year of King George the Fourth, or any such local or
other Act or Acts as aforesaid :

"Town Fund" shall mean the Town Fund, or the Rates or
Property vested in and under the Control and Direction of
any such Town Commissioners for any such City or Town as
last aforesaid, applicable to the Purposes of the said Act of
the Ninth Year of King George the Fourth, or the said Act
of the Reign of Her present Majesty, or any of them, or the
Rates, Funds, or Property vested in any such Commissioners,
Trustees, or other Persons as aforesaid, under any such local
or other Act or Acts as aforesaid, and applicable to the Pur-
poses of such local or other Act or Acts:
"Town Commissioners" shall mean the Commissioners for the
Time being elected under the Provisions of the said Act of
the Ninth Year of the Reign of His late Majesty King George
the Fourth, for any such City or Town in Ireland, or the
Commissioners, Trustees, or other such Persons as aforesaid
appointed for the Time being under any such local or other
Act or Acts as aforesaid for any such City or Town, for
paving, flagging, lighting, watching, or cleansing or improving
the same, or for any of such Purposes:

"Clerk" shall mean, as regards an incorporated Borough, the
Town Clerk of such Borough, and as regards a City or
Town in which there shall be Commissioners, Trustees, or
other such Persons as aforesaid under the Provisions of
the said Act of the Ninth Year of King George the Fourth,
or any such local or other Act or Acts as aforesaid, the Clerk
appointed by the Town Commissioners:

"Justice" shall mean Justice of the Peace for the County, Riding, Division, Liberty, Borough, or Place where the Matter requiring the Cognizance of Justices shall arise:

"Lands" shall mean Lands, Tenements, and Hereditaments, of
whatsoever Nature or Tenure :

Words importing the Masculine Gender shall include the
Feminine:

Words of the Plural Number shall include the Singular, and
Words of the Singular Number shall include the Plural.
III. And be it enacted, That the Council of any such incor-
porated Borough as aforesaid, or the Town Commissioners for any
such City or Town as aforesaid, in which there shall not be a
Town Council, may, if they think fit, determine that this Act shall
be adopted for such Borough, or for such City or Town as afore-
said; and then and in such Case such of the Provisions of this
Act as are applicable in that Behalf shall thenceforth take effect
and come into operation in such Borough, or such City or
Town, as the Case may be; and this Act shall be carried into
execution in such Borough, or in such City or Town, in accord.
ance with such Provisions, and the Laws for the Time being in
force relating to the Municipal Corporation of such Borough, or
relating to such City or Town, under the Provisions of the said
Act of the Ninth Year of His late Majesty King George the
Fourth, or of such local or other Act or Acts as aforesaid, as the
Case may be.

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Council of any
Borough, or

Commissioners for any City or Town, may

adopt this Act, if they think fit.

Expences of carrying this Act into execu

tion shall be charged upon the Borough Fund or Town Fund, and Income arising carried to the

same.

Town Council and Commis

separate Ac

counts to be

kept.

IV. And be it enacted, That the Expences of carrying this Act into execution in any such Borough or such City or Town in which the Council or Town Commissioners respectively shall have resolved to adopt this Act for their Borough or City or Town respectively shall be chargeable upon and paid out of the Borough Fund or Town Fund respectively; and for that Purpose the Council or Town Commissioners may levy with and as Part of the Borough Rate or Town Rate respectively, or by a separate Rate to be assessed, levied, paid, and recovered in like Manner and with the like Powers and Remedies in all respects as the Borough Rate or Town Rate, such Sums of Money as shall be from Time to Time necessary for defraying such Expences, and shall apply the same accordingly, as if the Expence of carrying this Act into execution were an Expence necessarily incurred in carrying into effect the Provisions of the said Act of the Third and Fourth Years of the Reign of Her present Majesty, or the said Act of the Ninth Year of IIis Majesty King George the Fourth, or of such local or other Act or Acts as aforesaid, as the Case may be; and the Income arising from the Baths and Wash-houses and open Bathing Places in any Borough or City or Town shall be paid to the Credit of the Borough Fund or Town Fund thereof; and the Council and Town Commissioners respectively shall keep distinct Accounts of their Receipts, Payments, Credits, and Liabilities, with reference to the Execution of this Act, to be called "The public Baths and Washhouses Account."

V. And be it enacted, That when the Town Council of any such Borough as aforesaid, or the Town Commissioners for any sioners to cause such City or Town as aforesaid, shall have adopted this Act for their Borough, City, or Town respectively, they shall cause their Treasurer, or where there shall be no Treasurer such Person as they shall appoint, to keep a true and regular Account of all Sums of Money expended by them in the Purchase of any Land or Buildings for the Purpose of erecting Baths or Wash-houses thereon, or in the Purchase of any Baths now erected, and of all Sums of Money borrowed by them under the Powers of this Act, and of all Expences incurred by them for or on account of the Purposes of this Act; and the said Account shall be examined, balanced, and audited in like Manner and at the same Time as all other Accounts of Receipts and Payments of such Borough, City, or Town respectively are examined, balanced, and audited; and the said Council or Town Commissioners shall, within One Month after the same shall have been examined and balanced or audited, transmit to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being a true and correct Copy of such Account; and the said Council or Town Commissioners shall also within the Time aforesaid cause a Copy of such Account to be deposited in the Office of the Town Clerk, or of such Person as they shall appoint to execute the Duties of Clerk of such Council or Commissioners, within One Month after the same shall have been audited; and the said Account shall be open to the Inspection of all Inhabitants of such Borough, City, or Town, and Copies thereof shall be delivered to any Inhabitant of such Borough, City, or Town applying for the same, upon Payment of a reasonable Charge for the same, to be fixed by the Town Council or Town Commissioners, as the Case shall be.

Accounts, when audited, to be transmitted to Lord Lieutenant, and a Copy deposited with the Town Clerk, &c., and be open to Inspection.

VI. And

missioners for

this Act.

VI. And for the more easy Execution of the Purposes of this Incorporation Act, be it enacted, That the Town Commissioners of every such of Town ComCity or Town as aforesaid shall for the Purposes of this Act be a Body Corporate, with perpetual Succession, which shall not be the Purposes of deemed to be interrupted by any partial or total Vacancy from Time to Time in their Office, by the Name of "The Town Commissioners for public Baths and Wash-houses in the Town of ( ) in the County of ( )," and by that Name may sue and be sued in all Courts, and before all Justices and others, and may have and use a Common Seal, and by that Name may take, hold, and convey any Lands vested in them for the Purposes of this Act.

VII. And be it enacted, That for carrying this Act into exe- Councils and cution in any Borough or City or Town respectively the Council Town Commisor the Town Commissioners, with the Approval of the Commis- sioners may borrow Money sioners of Her Majesty's Treasury, may from Time to Time for Purpoes of borrow at Interest, on the Security, as the Case may be, of the this Act. Borough Fund or of the Town Fund, the Money which may be by them respectively required, and shall apply the Monies so borrowed accordingly.

The Public

Works Loan

Commissioners

acting under

6 & 7 Vict. c. 44.

VIII. And be it enacted, That the Commissioners acting in the Execution of an Act passed in the Seventh Year of the Reign of Her Majesty, intituled An Act to amend the Acts for carrying on Public Works in Ireland, may from Time to Time make to the Council of any such Borough, or the Town Commissioners of any such City, Borough, or Town respectively, for the Purposes of on Security. this Act, any Loan under the Provisions of the said Act, or of any Act in force therein recited, upon the Security of a Mortgage of the Borough Fund or the Town Fund, as the Case may be.

may grant Loans

with this Act.

IX. And be it enacted, That the Provisions of the Companies Provisions of Clauses Consolidation Act, 1845, with respect to the borrowing 8&9 Vict. c. 16. of Money by any Company on Mortgage, and the Provisions of respecting borrowing Money, the same Act with respect to the Accountability of the Officers Accountability of the Company, and the Provisions of the same Act with respect of Officers, Bye to the making of Bye Laws, subject to the Provision herein-after Laws, Damages, contained, and the Provisions of the same Act with respect to and Penalties, the Recovery of Damages not specially provided for, and Penalties, incorporated so far as such Provisions may respectively be applicable to the Purposes of this Act, shall be respectively incorporated with this Act; and the Expressions in such Provisions applicable to the Company and the Directors shall apply, as regards a Borough, to the Council, and as regards any such City or Town as aforesaid, to the Town Commissioners; and all Deeds and Writings which under such Provisions are required or directed to be made or executed under the Common Seal of the Company shall, in the Application of such Provisions to this Act, be deemed to be required or directed to be made or executed, as regards a Borough, under the Common Seal of the Mayor, Aldermen, and Burgesses, and as regards any such City or Town as aforesaid under the Common Seal of the Town Commissioners for public Baths and Wash-houses; and so much of such Provisions as are applicable to the "Secretary of the Company" shall apply to the Clerk; and in such of the said Provisions as relate to the Inspection of Accounts, as regards a Borough, the Burgesses, and as regards any

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such

Councils, &e.

purchase, &c.

Lands for the

such City or Town as aforesaid, the Persons in each Case qualified to vote at the Election of the respective Town Commissioners, shall have the Privileges of Shareholders.

X. And be it enacted, That in any such Borough the Council, with Approval of or in any such City or Town the Town Commissioners, (as the Treasury, may Case may be,) with the Approval of the Commissioners of Her Majesty's Treasury, may from Time to Time appropriate for the Purposes of this Purposes of this Act in the Borough or such City or Town any Lands vested in the Mayor, Aldermen, and Burgesses, or the Town Commissioners respectively; and in any such Borough the Council, and in any such City or Town as aforesaid the Town Commissioners, may from Time to Time contract for the purchasing or renting of any Lands necessary for the Purposes of this Act.

Act.

Councils and

sioners may

XI. And be it enacted, That the Council and Town CommisTown Commissioners respectively may from Time to Time, on any Lands so appropriated, purchased, or rented, or contracted so to be respecerect Buildings for public Baths tively, erect any Buildings suitable for public Baths and Washand Wash- houses, and as to such Wash-houses either with or without open houses and open drying Grounds, and make any open Bathing Places, and convert Bathing Places. any Buildings into public Baths and Wash-houses, and may from Time to Time alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite Furniture, Fittings, and Conveniences.

Councils and

sioners may

enter into Con

tracts for the

Act.

XII. And be it enacted, That the Council and Town CommisTown Commissioners respectively may from Time to Time enter into any Contract with any Persons or Companies for building and making, and for altering, enlarging, repairing, and improving, such public Baths Purposes of this and Wash-houses, and public open Bathing Places, and for supplying the same respectively with Water, and for lighting the same respectively, and for fitting up the same respectively and for furnishing any Materials and Things, and for executing and doing any other Works and Things necessary for the Purposes of this Act; which Contracts respectively shall specify the several Works and Things to be executed, furnished, and done, and the Prices to be paid for the same, and the Times when the Works and Things are to be executed, furnished, and done, and the Penalties to be suffered in Cases of Nonperformance; and all such Contracts, or true Copies thereof, shall be entered in Books to be kept for that Purpose: Provided always, that no Contract above the Value or Sum of One hundred Pounds shall be entered into by the Council or the Town Commissioners for the Purposes of this Act, unless previous to the making thereof Fourteen Days Notice shall be has been given. given in One or more of the public Newspapers published in the

No Contract

above 1001, to be entered into unless Fourteen Days Notice

Council or

County in which the Borough or such City or Town 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 Town Commissioners at a certain Time and Place in such Notice to be mentioned; but it shall not be incumbent on the Council or Town Commissioners to contract with the Person offering the lowest Price.

XIII. And be it enacted, That the Council of any such Borough Town Commis- and the Town Commissioners respectively, as the Case may be,

may,

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