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except upon conditions, &c. herein named.

terfered with, not be lawful for any local board to open or in any way disturb any of the public roads or footpaths under the charge of the commissioners of the metropolis turnpike roads north of the Thames, or of the New Cross turnpike roads, or of the trustees acting in execution of the Surrey and Sussex Roads Act, 1850, except upon the conditions and subject to the regulations hereinafter contained; that is to say,

(1.) The local board shall leave at the office of the
commissioners or trustees of such road seven
days' previous notice, containing full particu-
lars of any works intended to be executed by
them, and affecting any of such roads :
(2.) If the general surveyor of the said commis-
sioners or trustees directs the works to be on
any particular part of such roads the local
board shall be bound to obey such directions.
(3.) Except by the permission of the said commis-
sioners or trustees, the traffic of any of the
said roads shall not at one time be stopped or
in any way
hindered along more than half of
its width, nor, if the half left open is of less
than the clear width of fourteen feet, along
more than one hundred yards in length; and
no alteration shall be made in the inclination of
any of the said roads of more than one foot in
sixty feet:

(4.) All works shall be done under the superintend-
ence of the general surveyor;

tain local boards of health, who might claim power to exercise some of the powers granted by those Acts.

And all such precautions as he may direct for the protection and convenience of the public shall be taken by and at the expense of the party doing the works, and in default the said surveyor shall cause to be done in that behalf what he may think proper; and the party doing the works shall in all cases of damage occurring by reason of such works, and whether such precautions are or not taken, be answerable to the person suffering such damage, the said commissioners or trustees being hereby absolved from all liability in respect of the consequences of such works:

(5.) The party doing the works shall, as regards every road opened or disturbed, restore the same to its original state as to surface and materials, and, in order to meet the expenses consequent upon the subsidence of materials newly filled in, shall repay to the said commissioners or trustees, on demand, such sum as they have expended in restoration of the road, not exceeding one shilling for every superficial square yard, and, so far as the works affect the same, shall make good all drainage, paving of water channels, curbs of footpaths, and other matters and things connected with the maintenance of the said roads ;

And on default the said surveyor may cause to be done in that behalf what he may think fit;

And the said surveyor may recover the expense so incurred by him in a summary

manner.

Certain provisions of

INCORPORATED POWERS.

XLIV. The provisions of "The Towns Police

10 & 11 Vict. Clauses Act, 1847," (a)

c. 89, incor

porated with (1.) With respect (b) to obstructions and nuisances

this Act.

Certain pro

visions of

in the streets,

(2.) With respect to fires (c),

(3.) With respect to places of public resort,

(4.) With respect to hackney carriages,

(5.) With respect to bathing,

shall be incorporated with this Act.

XLV. The provisions of "The Towns Improve

10 & 11 Vict. ment Clauses Act, 1847," with respect to the e. 34, incor- following matters, that is to say (d),

porated with this Act.

(a) See the provisions of these Acts here referred to in the Appendix.

(b) By 10 & 11 Vict. c. 89, s. 5, it is provided that by the use of this language the clauses of that Act applicable to the particular subjects shall be incorporated, but the incorporated clauses require attention to be paid to other clauses in the Act, and consequently such as appear to be requisite are printed in addition to the clauses actually incorporated. It will be found that No. (1) includes ss. 21-29, No. (2) ss. 30-33, No. (3) ss. 34-36, No. (4) ss. 37-68, and No. (5) s. 69.

It will be remembered that by sect. 7, ante, p. 228, the local board are substituted for the commissioners and undertakers mentioned in these Acts, and it is provided that the penalties prescribed by the incorporated Acts will be recoverable, according to the provisions of 11 & 12 Vict. c. 63.

(c) See also, with reference to fires, 10 & 11 Vict. c. 34, ss. 109, 124, in the Appendix, which is incorporated by the next section, and section 34, ante, p. 265.

(d) No. (1) includes ss. 64, 65, No. (2) ss. 66-74, No. (3) ss. 75-78, No. (4) ss. 79-83, No. (5) ss. 121-124, No. (6) includes s. 108, No. (7) includes ss. 125-131, No. (8) includes s. 143. See the clauses printed in the Appendix.

In regard to some of these subjects special provisions will be found in 11 & 12 Vict. c. 63, or in this Act, and it will be important to ascertain whether the provisions in the present Acts in any respect conflict with those in the incorporated

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(1.) With respect to naming the streets and numbering the houses,

(2.) With respect to improving the line of the streets and removing obstructions, (3.) With respect to ruinous or dangerous buildings, (4.) With respect to precautions during the construction and repair of the sewers, streets, and houses,

(5.) With respect to the supply of water, except the proviso thereto,

(6.) With respect to the prevention of smoke,
(7.) With respect to slaughter-houses (e),
(8.) With respect to clocks,

shall be incorporated with this Act, subject to this qualification, that the above-mentioned provisions with respect to the prevention of smoke shall not extend to compel the consumption of all smoke in the case of all or any of the processes following;

That is to say, to the coking of coal, the calcining of ironstone or limestone, the making or burning of bricks, earthenware, quarries (ƒ), tiles, or pipes, the raising of any mines or minerals, the smelting of iron ores, the refining, puddling, shingling, and rolling of iron or other metals, or to the melting and casting of iron into castings, or to the manufacture of glass, in any district where the provisions of the said (g) Act for the prevention of smoke are not now in force, in which the local board

Act. Where that may be the case the present statutes should be the rule to guide as containing the latest legislation on this particular subject.

(e) See further as to slaughter-houses, 11 & 12 Vict. c. 63, s. 62, ante, p. 111, and post, sect. 50.

(f) Quare whether this is the word intended? customary to say that quarries are made or burnt.

It is not

(g) It seems that this refers to 10 & 11 Vict. c. 34, s. 108,

shall resolve that any one or more of such processes should be exempted from penalties (g) for not consuming all smoke for any time specified in such resolution, not exceeding ten years, which may be annually renewed for a similar or any shorter period, if the board shall think fit;

And any justice or justices before whom any person shall be summoned may remit the penalty in any case within such district in which he or they shall be of opinion that such person has adopted the best known means for preventing any nuisance from smoke, and has carefully attended to the same, so as to consume, as far as possible, the smoke arising from any process so exempted during such time as any such resolution shall extend to,

Unless an order (h) shall be issued by one of Her Majesty's principal secretaries of state directing that such exemption shall no longer be continued in such district to such processes or any of them after a time specified in such order (i).

but that clause applies to cases where a special Act is to be passed, that is to say, where, in this instance, a district is hereafter to be formed. But the text applies to something existing at the date of the Act. Probably the local Acts which contain special provision on this point, and 16 & 17 Vict. c. 128, were intended to be referred to.

(g) Which penalties are prescribed by 10 & 11 Vict. c. 34, s. 108.

(h) As to this order see sect. 81, post.

(i) This clause, so far as it relates to the consumption of smoke, is singularly perplexing to the reader. The effect of it appears to be as follows. The 10 & 11 Vict. c. 34, s. 108, requires that the smoke of the furnaces of certain works shall be consumed, but an exception may be made in respect of certain trades in districts where there is at the date of this statute no Act prohibiting the continuance of smoke if the local board resolve that the penalty should be remitted. Again, a justice may remit the penalty incurred, if satisfied

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