CHAPTER X. PUBLIC BATHS AND WASH-HOUSES AND PUBLIC BATHING. Adoption of Act in boroughs. 9 & 10 Vict. c. 74, ss. 1, 2. In boroughs. Ib. s. 3. Expenses of carrying Act into execution in boroughs. Ib. 5. 4. Income. Ib. Local Board in certain cases may § 1. ADOPTION OF ACTS IN Boroughs. THE Act to encourage the establishment of public baths and wash-houses, with which the amending Act 10 & 11 Vict. c. 61 is incorporated, may be adopted for any incorporated borough, city, port, cinque port, or town corporate in England which is regulated under 5 & 6 Wm. IV. c. 76. The Council of any such borough may, if they think fit, determine that the Act shall be adopted for such borough, and then and in such case such of the provisions of the Act as are applicable in that behalf shall thenceforth take effect and come into operation in such borough, and the Act shall be carried into execution in the borough in accordance with such provisions and the laws for the time being in force relating to municipal corporations. The expenses of carrying the Act into execution in any borough shall be chargeable upon and paid out of the borough fund, and for that purpose the Council may levy with and as part of the borough rate, 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, such sums of money as shall be from time to time necessary for defraying such expenses, and shall apply the same accordingly as if the expense of carrying the Act into execution were an expense necessarily incurred in carrying into effect the provisions of the 5 & 6 Wm. IV. c. 76. The income arising from the baths and wash-houses and open bathing places in any borough shall be paid to the credit of the borough fund, and the Council shall keep distinct accounts of their receipts, payments, credits, and liabilities, with reference to the execution of the Act, to be called "the public baths and wash-houses account." § 2. ADOPTION OF ACTS IN LOCAL BOARD OF HEALTH DISTRICTS. Local Boards acting in execution of the Local Government Act, 1858, may adopt the Act to encourage the establishment of public baths and wash-houses, and any Act amending the houses Acts. 29 & 30 Vict. same, for districts in which those Acts are not already in force, adopt Baths and when they have adopted the Acts they shall have all the and Washpowers, duties, and rights of Commissioners under the Acts. In any district where a vestry adopts the provisions of the c. 90, s. 43. Act 9 & 10 Vict. c. 74, to encourage the establishment of Local Board public baths and wash-houses, the Local Board may, at the to be the option of the vestry, be the Commissioners for the execution of sioners. that Act, and thereupon are to have all the powers, duties, 21 & 22 Vict. rights, and obligations of Commissioners under the Act. Commis c. 98, s. 47. The expenses incurred by the Local Board in carrying into Expenses. execution the powers so given to them, are to be defrayed out Ib. and of the general district rates, and all receipts by them by reason 29 & 30 Vict. of the exercise of such powers are to be carried to the district fund account. § 3. POWERS, DUTIES, AND RIGHTS OF (COMMISSIONERS) LOCAL BOARD. The following are the powers, duties, rights, and obligations of Commissioners appointed under the Acts; but some of them seem scarcely applicable to Local Boards. c. 90, s. 43. The Commissioners shall meet at least once in every calendar Meetings of month at their office, or some other convenient place previously the Commis. publicly notified. sioners. The Commissioners may meet at such other time as at any c. 74, s. 9. previous meeting shall be determined upon, and it shall be at Special all times competent for any one commissioner by writing under meetings of Commishis hand, to summon, with at least forty-eight hours' notice, the sioners. Commissioners for any special purpose therein named, and to Ib. s. 10. meet at such times as shall be therein named. At all meetings of the Commissioners any number not less Quorum at than one-third of the whole number when more than three meetings of CommisCommissioners shall have been appointed, and when only three sioners. Commissioners shall have been appointed then any number not Ib. s. 11. less than two Commissioners, shall be a sufficient number for transacting business, and for exercising all the powers of the Commissioners. remove The Commissioners shall appoint, and may remove at plea- Commissure, a clerk and such other officers and servants as shall be sioners may appoint and necessary for effecting the purposes of the Act, and, with the approval of the vestry, may appoint reasonable salaries, wages, officers, etc. and allowances for such clerk, officers, and servants, and, when Ib. s. 12. necessary, may hire and rent a sufficient office for holding their meetings and transacting their business, and may agree for and pay a reasonable rent for such office. The "clerk" so appointed shall mean, as regards an incor- Ib. s. 2. porated borough, the town clerk of such borough. All orders and proceedings of the Commissioners shall be entered in books to be kept by them for that purpose, and shall be signed by the Commissioners, or any two of them; and all Minutes of proceedings of Commissioners. 9 & 10 Vict. c. 74, s. 13. Commissioners to keep accounts, which shall be open to inspection. Ib. s. 14. Penalty for Audit of accounts. Ib. s. 15. Acts of Commissioners of public baths, etc., to be valid, not withstanding such orders and proceedings so entered, and purporting to be so signed, shall be deemed to be original orders and proceedings; and such books may be produced and read as evidence of all such orders and proceedings upon any appeal, trial, information, or other proceeding, civil or criminal, and in any Court of law or equity whatsoever. The Commissioners shall provide and keep books in which shall be entered true and regular accounts of all sums of money received and paid for or on account of the purposes of the Act in the parish, and of all liabilities incurred by them for such purposes, and of the several purposes for which such sums of money shall have been paid and such liabilities shall have been incurred; and such books shall at all reasonable times be open to the examination of every commissioner, churchwarden, overseer, and ratepayer, without fee or reward, and they respectively may take copies of or extracts from such books, or any part thereof, without paying for the same, and in case the Commissioners, or any of them, or any of their officers or servants having the custody of the said books, being thereunto reasonably requested, shall refuse to permit or shall not permit any churchwarden, overseer, or ratepayer to examine the same, or take any such copy or extract, every commissioner, officer, or servant so offending shall for every such offence forfeit any sum not exceeding £5. The vestry shall yearly appoint two persons, not being commissioners, to be auditors of the accounts of the Commissioners, and at such time in the month of March in every year after the adoption of this Act for the parish as the vestry shall appoint the Commissioners shall produce to the auditors their accounts, with sufficient vouchers for all moneys received and paid, and the auditors shall examine such accounts and vouchers, and report thereon to the vestry. All acts and proceedings of any person in possession of the office of commissioner, and acting in good faith as such commissioner, shall, notwithstanding his disqualification or want of qualification for or any defect or irregularity in or in any way concerning his appointment to such office, be as valid and effectual as if he were duly qualified or there had not been any such defect or irregularity. informalities. 10 & 11 Vict. c. 61, s. 3. If any clerk or other officer, or any servant who shall be in anyPenalty for Council, Com- wise employed by any Council or Commissioners in pursuance missioners, or of the Act, shall exact or accept any fee or reward whatsoever for officers, taking or on account of anything done or forborne or to be done or forfees beyond salaries, or being interested in contracts. 9 & 10 Vict. c. 74, s. 39. borne in pursuance of the Act, or on any account whatsoever relative to putting the Act into execution, other than such salaries, wages, or allowances, as shall have been appointed by the Council or Commissioners, or shall in anywise be concerned or interested in any bargain or contract made by the Council or Commissioners for or on account of anything done or forborne or to be done or forborne in pursuance of the Act, or on any account whatsoever relative to the putting of the Act into execution, or if any person during the time he holds the office of member of the Council or Commissioner shall exact or accept any such fee or reward, or shall accept or hold any office or place of trust created by virtue of the Act, or be concerned directly or indirectly in any such bargain or contract, every such person so offending shall be incapable of ever serving or being employed under the Act, and shall for every such offence also forfeit the sum of £50. Such part of any penalty recovered under the Act as shall Application not be awarded to the informer shall be paid to the credit as of penalties. 9 & 10 Vict. regards a borough of the borough fund, and as regards a parish c. 74, s. 40. of the rate for the relief of the poor thereof. etc. Every person who shall feel aggrieved by any bye-law, order, Appeal direction, or appointment of or by the Council or Commis- against byetioners shall have the like power of appeal to the General laws, orders, Quarter Sessions as under the provisions of the Companies Ib. s. 30. Clauses Consolidated Act, 1845, incorporated with the Act, he might have if feeling aggrieved by any determination of any justice with respect to any penalty. "Justice" shall mean justice of the peace for the county, Ib. s. 2. riding, division, liberty, borough, or place, where the matter requiring the cognizance of justices shall arise. §4. PROVISION OF PUBLIC BATHS AND WASH-HOUSES. For carrying the Act into execution in any borough, the Power to Council with the approval of the Commissioners of Her Ma- raise money for purposes jesty's Treasury, and the Commissioners, with the sanction of of Act. the vestry, and also with the approval of the Commissioners Ib. s. 21. of Her Majesty's Treasury, may from time to time borrow at interest, on the security of a mortgage, as the case may be, of the borough fund or of the rates for the relief of the poor of the parish, the money which may be by them respectively required, and shall apply the moneys so borrowed accordingly. any Commis The Exchequer Bill Commissioners may from time to time The Public make to the council of any borough, or commissioners of Works Loan parish respectively, for the purposes of the Act, any loan on sioners may security of the borough fund, or the rates for the relief of the advance poor of the parish, as the case may be. money for Ib. s. 22. In any borough the Council, with the approval of the Com- the purposes missioners of Her Majesty's Treasury, may from time to time of this Act. appropriate for the purposes of the Act in the borough any Acquisition lands vested in the mayor, aldermen, and burgesses; and in of lands for any such parish the Commissioners appointed under this Act, purposes of with the approval of the vestry and of the guardians of the poor of the parish (if any), and of the Local Government Board (34 & 35 Vict. c. 70), may from time to time appropriate for the purposes of the Act in the parish any lands vested in such guardians, or in the churchwardens, or in the church Act. Ib. s. 24. Acquisition of land for purposes of Act. 9 & 10 Vict. c. 74, s. 24. Ib. s. 2. 8 Vict. c. 16 with Act. Ib. s. 23. wardens and overseers of the parish, or in any feoffees, trustees, or others, for the general benefit of the parish; and in any such parish the Commissioners, with the approval of the vestry, and in any such borough the Council, may from time to time contract for the purchasing or renting of any lands necessary for the purposes of the Act 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. "Lands" shall mean lands, tenements, and hereditaments, of whatsoever nature or tenure. The provisions of the Companies Clauses Consolidation Act, incorporated 1845, with respect to the borrowing of money by any company on mortgage, with respect to the accountability of the officers of the company, with respect to the making of bye-laws, subject to the provision hereafter to be mentioned, with respect to the recovery of damages not specially provided for, and penalties, so far as such provisions may respectively be applicable to the purposes of the Act, are respectively incorporated with the Act. The expressions in such provisions applicable to the company and the directors shall apply as regards a borough to the Council, and as regards a parish to the 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 the 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 a parish under the common seal of the Commissioners; 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 a parish the ratepayers, shall have the privileges of shareholders. Incorporation of 8 Vict. c. 18. Council, etc., not to take open bathing The Lands Clauses Consolidation Act, 1845, shall be incorporated with the Acts, but the Council and Commissioners respectively shall not purchase or take any lands otherwise than by agreement. The Council and Commissioners respectively may from time to time, on any lands so appropriated, purchased, or rented, or contracted so to be respectively, erect any buildings suitable for public baths or wash-houses, and as to such wash-houses either with or without open drying grounds, and make any open bathing places, and convert 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. The Council and 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, |