Act in the parish any lands vested in such guardians, or in the churchwardens, or in the churchwardens 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 heredita- 9 & 10 Vict. ments, of whatsoever nature or tenure. c. 74, s. 2. with Act. The provisions of the Companies Clauses Consolidation 8 Vict. c. 16 Act, 1845, with respect to the borrowing of money by any incorporated company on mortgage, with respect to the accountability 9 & 10 Vict. of the officers of the company, with respect to the making c. 74, s. 23. 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. Council, &c., The Lands Clauses Consolidation Act, 1845, shall be Incorporation incorporated with the Acts, but the Council and Com- of 8 Vict. c. 18. missioners respectively shall not purchase or take any not to take lands otherwise than by agreement. lands, &c. c. 61, s. 4. The Council and Commissioners respectively may from 10 & 11 Vict. time to time, on any lands so appropriated, purchased, or Erection of rented, or contracted so to be respectively, erect any public baths buildings suitable for public baths or wash-houses, and and washas to such wash-houses either with or without open drying open bathing houses and places. 9 & 10 Vict. c. 74, s. 25. Councils and Commissioners may enter into contracts for the purposes of this Act. Ib. s. 26. No contract Council or &c. Ib. s. 27. 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, and improving, such public baths and wash-houses and 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 the 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. No contract above the value or sum of £100 shall, however, be entered into by the Council or the Commissioners, for the purposes of the Act, unless previous to the making thereof fourteen days' notice shall be given in one or more of the public newspapers published in the county in which the borough or parish 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 Commissioners at a certain time and place in such notice to be mentioned, but it shall not be incumbent on the Council or Commissioners to contract with the person offering the lowest price. The Council of any borough, and the Commissioners, with the approval of the vestry of any parish, may, if they sioners may shall think fit, contract for the purchase or lease of any purchase existing baths, baths and wash-houses already or hereafter to be built and provided in any borough or parish, and appropriate the same to the purposes of the Act, with such 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 borough or parish by private subscriptions or otherwise may, with the consent of the Council of any borough, or with the consent of the Commissioners, and approval of the vestry of any parish, 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 washhouses to the Council or Commissioners respectively, or make over to them the management of such baths and wash-houses. 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 the Act as fully as if they had been built or provided by the Council or Commissioners: 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. Any commissioners of waterworks, trustees of water- Power to works, water companies, canal companies, gas companies, water and and other corporations, bodies, and persons having the gas companies to supply management of any waterworks, canals, reservoirs, wells, water and springs, and streams of water, and gas works respectively, gas to baths, may in their discretion grant and furnish supplies of water 9 & 10 Vict. or gas for public baths and wash-houses and open bathing c. 74, s. 28. places either without charge or on such favourable terms as they shall think fit. &c. lands. Ib. s. 31. The Council, with the approval of the Commissioners of Sale and exHer Majesty's Treasury, and the Commissioners appointed change of under the Act, with the approval of the vestry, and of the Commissioners of Her Majesty's Treasury respectively, may from time to time make sale and dispose of any lands vested in the mayor, aldermen, and burgesses, or in the Commissioners respectively for the purposes of the Act, and apply the proceeds in or towards the purchase of 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 Commissioners, may convey the lands so sold or exchanged accordingly. Whenever any public baths or wash-houses, or open Sale of baths, bathing places which shall have been for seven years or &c. upwards established under the authority of the Act shall lb. s. 32. be determined by the Council or by the vestry, in accordance with a previous recommendation of the Commissioners, to be unnecessary or too expensive to be kept up, the Council or Commissioners, with the approval of the Commissioners of Her Majesty's Treasury (now the Local Government Board, see ante, p. 344), may sell the same for the best price that can reasonably be obtained for the same, Councillors sioners not to be personally liable. 9 & 10 Vict. c. 74, s. 29. and the mayor, aldermen, and burgesses, or the Commissioners, shall convey the same accordingly; and the purchase-money shall be paid to such person as the Council or 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 rate for the relief of the poor of the parish. Nothing in the Act contained shall render any member and Commis- of the Council of any borough, or any Commissioner, personally, or of any of their lands, goods, chattels, or moneys (other than such lands, goods, chattels, or moneys as may be vested in or under the management or control of the Council or Commissioners respectively in pursuance of the Act), liable to the payment of any sum of money as or by way of compensation or satisfaction for or in respect of anything done or suffered in due pursuance of the Act. See Cowley v. Sunderland, post, p. 359, as to the liability of the corporation. Management to be vested in Councils and Parish Commissioners. Ib. s. 33. Council, &c. may make bye-laws for use of baths and wash houses, &c. § 4. MANAGEMENT OF PUBLIC BATHS AND WASH-HOUSES. The general management, regulation, and control of the public baths and wash-houses and open bathing places established under the Act shall, subject to the provisions of the Act, be as to any borough vested in and exercised by the Council, and as to any parish vested in and exercised by the Commissioners (or Urban Authority, 38 & 39 Vict. c. 55, s. 10, ante, p. 11). The bye-laws which the Council and Commissioners respectively may from time to time make, alter, repeal, regulating the and enforce, shall include such bye-laws for the management, use, and regulation of the public baths and washhouses and open bathing places, and of the persons resorting thereto respectively, and for determining from time to time the charges for the use of such baths and wash-houses and open bathing places respectively, as the Council and 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 byelaw made by them respectively; and such bye-laws shall make sufficient provision for the several purposes respectively expressed in the following schedule: Ib. Sch. (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 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 Commissioners. In parishes. For regulating the procedure of the Commissioners. No bye-law made under the authority of the Act shall Bye-laws to be of any legal force until the same shall have received be approved the approval of the Local Government Board. by the Local Government c. 74, s. 34. A printed copy or sufficient abstract of the bye-laws Board. relating to the use of the baths and open bathing places 9 & 10 Vict. respectively shall be put in every bath room and open Copies or bathing place respectively; and a printed copy or sufficient abstracts of abstract of the bye-laws relating to the use of the wash- bye-laws to be hung up in houses shall be put up in some convenient place near every every bath washing tub or trough, or every pair of washing tubs or room, &c. troughs, in every wash-house. Ib. s. 35. classes. The number of baths for the labouring classes in any Proportion of building or buildings under the management of the same baths for the Council or Commissioners shall not be less than twice the labouring number of the baths of any higher class if but one, or of lb. s. 36. all the baths of any higher classes if more than one, in the same building or buildings. accommoda classes. The number of washing tubs or troughs for the labour- Proportion of ing classes in any building or buildings under the washing management of the same Council or Commissioners shall tion for not be less than twice the number of the washing tubs or labouring troughs of any higher class, if but one, or of all the higher 10 & 11 Vict. classes if more than one, in the same building or buildings. c. 61, s. 5. For the recovery of the charges at wash-houses the As to reofficers, servants, and others having the management covery of thereof may detain the clothes brought to be washed or charges at other goods and chattels of any person refusing to pay 9 & 10 Vict. the charge to which such person may be liable, or any c. 74, s. 38. part thereof, till full payment thereof be made, and in case 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 wash-houses. |