may, if they shall think fit, contract for the Purchase or Lease of sioners may purany Baths and Wash-houses already or hereafter to be built and chase existing provided in any such Borough or such City or Town as aforesaid, Baths, &c. if and appropriate the same to the Purposes of this Act, with such they think fit. Additions or Alterations as they shall 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 such Borough or such City or Town, by private Subscriptions or otherwise, may, with the Consent of the Council of any such Borough, or with the Consent of the Town Commissioners, as the Case may be, 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 said Council or Town Commissioners respectively, or make over to them the Management of such Baths and Wash-houses; and 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 this Act, as fully as if they had been built or provided by the said Council or Town Commissioners; and the Property therein shall be vested in the Mayor, Aldermen, and Burgesses, in the Case of a Borough, or in the Town Commissioners in the Case of any such City or Town as aforesaid, as herein-before provided. XIV. And be it enacted, That any Commissioners of Water- Power to Water works, Trustees of Waterworks, Water Companies, Canal Com- and Gas Companies, Gas Companies, and other Corporations, Bodies, and panies to supPersons having the Management of any Waterworks, Canals, Gas to B.ths, ply Water and Reservoirs, Wells, Springs, and Streams of Water, and Gas Works &c. respectively, may, in their Discretion, grant and furnish Supplies of Water for such public Baths and Wash-houses and open Bathing Places, either without Charge or on such other favourable Terms as they shall think fit. Town Commissioners not to be personally XV. And be it enacted, That nothing in this Act contained Councillors and shall render any Member of the Council of any Borough or any Town Commissioner personally, or any of their Lands, Goods, Chattels, or Monies, (other than such Lands, Goods, Chattels, or liable. Monies as may be vested in or under the Management or Control of the Council or Town Commissioners respectively in pursuance of this Act,) liable to the Payment of any Sum of Money as or by way of Compensation or Satisfaction for or in respect of any thing done or suffered in due pursuance of this Act. XVI. And be it enacted, That every Person who shall feel Persons may aggrieved by any Bye Law, Order, Direction, or Appointment of appeal against or by the Council or Town Commissioners shall have the like Orders of Councils and Power of Appeal to the General Quarter Sessions as, under the Town CommisProvisions of the Companies Clauses Consolidation Act, 1845, sioners. incorporated with this Act, he might have if feeling aggrieved by any Determination of any Justice with respect to any Penalty. XVII. And be it enacted, That the Council or Town Commis- Council or sioners respectively, with the Approval of the Commissioners of Commissioners Her Majesty's Treasury, may from Time to Time make Sale and may make Sale and Exchange dispose of any Lands vested in the Mayor, Aldermen, and Bur- of Lands, with gesses, or in the Town Commissioners respectively, for the Purposes Consent of of this Act, and apply the Proceeds in or toward the Purchase of Treasury. other sury, be sold, and Proceeds carried to 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 Town Commissioners, may convey the Lands so sold or exchanged accordingly. When Baths, XVIII. And be it enacted, That whenever any public Baths &c. are con- or Wash-houses or open Bathing Places which shall have been sidered unnefor Seven Years or upwards established under the Authority of cessary, they this Act shall be determined by the Council or by the Town may, with Approval of Trea- Commissioners respectively to be unnecessary, or too expensive to be kept up, the Council or Town 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 Town Commissioners respectively, shall convey the same accordingly; and the Purchase Money shall be paid to such Person as the Council or Town 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 Town Fund, as the Case may be. Borough or Management to be vested in Councils and Town Commissioners. Council and Commissioners may make Bye Laws for regu lating the Use of Baths and Wash-houses, thereat. XIX. And be it enacted, That the general Management, Regulation, and Control of the public Baths and Wash-houses and open Bathing Places established under this Act shall, subject to the Provisions of this Act, be, as to any Borough, vested in and exercised by the Council, and as to any such City or Town as aforesaid vested in and exercised by the Town Commissioners. XX. And be it enacted, That the Bye Laws which the Council and Town Commissioners respectively may from Time to Time make, alter, repeal, and enforce, shall include such Bye Laws for the Management, Use, and Regulation of the public Baths and Wash-houses and open Bathing Places, and of the Persons resorting thereto respectively, and for determining from Time to Time &c., and Charges the Charges for the Use of such Baths and Wash houses and open Bathing Places respectively, as the Council and Town Commissioners respectively shall think fit; and they respectively may appoint any Penalty not exceeding 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 Schedule (A.) to this Act: Provided always, that no Bye Law made under the Authority of this Act shall have any Effect until the same shall have received the Approval of One of Her Majesty's Principal Secretaries of State. Bye Laws to be approved by the Secretary of State. Copies or be hung up in Proportion of XXI. And be it enacted, That a printed Copy or sufficient Abstract of the Bye Laws relating to the Use of the Baths and open Bathing Places respectively shall be put up in every Bath Room and open Bathing Place respectively; and a printed Copy or sufficient Abstract of the Bye Laws relating to the Use of the Wash-houses shall be put up in some convenient Place near every Washing Tub or Trough, or every Pair of Washing Tubs or Troughs, in every Wash-house. XXII. And be it enacted, That the Number of Baths for the labouring Classes in any Building or Buildings under the Manage ment ment of the same Council or Town Commissioners shall not be labouring Commissioners, XXIII. And be it enacted, That the Council and the Town Charges to be Commissioners respectively may from Time to Time make such fixed by Counreasonable Charges for the Use of the Baths and Wash-houses and cils and Town open Bathing Places respectively provided under this Act as they not exceeding shall think fit, but not exceeding such Charges as are mentioned those in Schein the Schedule (B.) annexed to this Act, unless for the Use of dule (B.) any Washing Tub or Trough for more than Two Hours in any One Day, for which any Charges may be made which the Council or Town Commissioners respectively shall deem reasonable. XXIV. And be it enacted, That for the Recovery of the As to the RecoCharges at such Wash-houses the Officers, Servants, and others very of Charges at Wash-houses. having the Management thereof may detain 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 such 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 Expences of such Detention and Sale, and the unsold Articles, if any, on demand, to such Person. Penalty for Officers taking Fees beyond Salaries, or being interested XXV. And be it enacted, That if any Clerk or other Officer, or any Servant who shall be in anywise employed by any Council or Town Commissioners in pursuance of this Act, shall exact or accept any Fee or Reward whatsoever, for or on account of any thing done or forborne or to be done or forborne in pursuance of in Contracts; this Act, or on any Account whatsoever relative to putting this Act into execution, other than such Salaries, Wages, or Allowances as shall have been appointed by the Council or Town Commissioners, or shall in anywise be concerned or interested in any Bargain or Contract made by the Council or Town Commissioners for or on account of anything done or forborne or to be done or forborne in pursuance of this Act, or on any Account whatsoever relative to the putting of this Act into execution, or if any Person also for Counduring the Time he holds the Office of Member of the Council or cillors and Commissioners Town Commissioner shall exact or accept any such Fee or Reward, or shall accept or hold any Office or Place of Trust created by taking Fees, or being interested virtue of this Act, or be concerned directly or indirectly in any in Contracts. such Bargain or Contract, every such Person so offending shall be incapable of ever serving or being employed under this Act, and shall for every such Offence also forfeit the Sum of Fifty Pounds. XXVI. And be it enacted, That such Part of any Penalty re- Application of covered under this Act as shall not be awarded to the Informer Penalties. shall be paid to the Credit, as regards a Borough, of the Borough Fund, and as regards any such City or Town as aforesaid, of the Town Fund. be XXVII. And be it enacted, That this Act may be amended Act may or repealed by any Act to be passed in this Session of Parlia- amended, &c. ment. SCHE. SCHEDULES referred to by the foregoing Act. SCHEDULE (A.) Bye Laws to be made in all Cases. For securing that the Baths and Wash-houses and open 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 Town 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 Town Commissioners. SCHEDULE (B.) Maximum Charges during the first Seven Years after the Establishments are opened for public Use; and after such Seven Years, except only so long after such Seven Years as higher Charges may be necessary for defraying the current Expences of the Establishments. Baths for the labouring Classes, supplied with clean Water for every Bather, or for several Children bathing together: For One Person above Eight Years old, including the One Penny. For several Children, not exceeding Four, including the Two-pence. Wash-houses for the labouring Classes, supplied with Conveniences for washing and drying Clothes and other Articles: For the Use by One Person of One Washing Tub or Trough, or One Pair of Washing Tubs or Troughs: For One Hour only in any One Day One Penny. Three-pence. Such Charges to include the Use of the drying Apparatus for drying all the Articles washed. The Time occupied in drying not to be included in the Hour or Two Hours. A Fraction of an Hour exceeding Five Minutes to be reckoned One Hour. Open Bathing Places, where several Persons bathe in the same Water: CA P. LXXXVIII. An Act to remove Doubts as to the Legality of certain [26th August 1846.] WHEREAS by an Act passed in the Fourth Year of the Reign of Her Majesty, intituled An Act to carry into 3 & 4 Vict. effect, with certain Modifications, the Fourth Report of the Com- c. 113. 'missioners of Ecclesiastical Duties and Revenues, it is enacted, "that it shall not be lawful for any Spiritual Person to sell or assign any Patronage or Presentation belonging to him by 'virtue of any Dignity or Spiritual Office held by him, and that every such Sale or Assignment shall be null and void to all 'Intents and Purposes ;" and Doubts have been entertained whether or not certain Agreements and Proceedings authorized under the several Acts for the Augmentation of the Maintenance of the Poor Clergy, or under the Church Building Acts, are to be deemed Sales or Assignments prohibited by the first' recited Act; and it is expedient that such Doubts be removed :' Be it declared and 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 no Agree- Proceedings ment or other Proceeding touching any Advowson or Patronage, under the Augor Right of Presentation or Nomination of any Spiritual Person to any Cure or Benefice, Donative, or Perpetual Curacy, or to serve any Church or Chapel authorized by an Act passed in the First Year of the Reign of King George the First, intituled An Act for making more effectual Her late Majesty's gracious Intentions for augmenting the Maintenance of the Poor Clergy, or by any Act passed for the Amendment thereof, or by an Act passed in the last Session of Parliament, intituled An Act for the fur- 8&9 Vict. c. 70. ther Amendment of the Church Building Acts, or by any Act recited therein, is or shall be deemed a Sale or Assignment such as is prohibitel by the first-recited Act; but that every such Agreement or Proceeding already or hereafter to be duly made and taken under the Provisions of any of the said Acts is and shall be deemed to have been from the Time of the making thereof as good in Law to all Intents and Purposes as if the first-recited Act had not been passed. mentation Acts and Church Building Acts to be deemed lawful. 1G.1. st. 2. c.10. may be amended, &c. II. And be it enacted, That this Act may be amended or Act repealed by any Act to be passed in this Session of Parliament. CA P. LXXXIX. An Act to continue certain Acts for regulating Turnpike Roads in Ireland until the Thirty-first Day of July One thousand eight hundred and forty-seven, and to the End of the then Session of Parliament. [26th August 1846.] WHEREAS certain Acts for making, amending, and repair ing the Turnpike Roads in Ireland were by an Act passed ' in the Session of Parliament holden in the Fourth and Fifth • Years |