BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

TOWNS IMPROVEMENT CLAUSES ACT 1847 TOWNS IMPROVEMENT CLAUSES ACT 1847 - LONG TITLE An Act for consolidating in One Act certain Provisions usually contained in Acts for paving, draining, cleansing, lighting, and improving Towns. [21st June 1847] Preamble rep. by SLR 1891[ TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 1 Incorporation of this Act with special Act. 1.] This Act shall extend only to such towns or districts in England or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the town or district which shall be comprised in such Act, and to the commissioners appointed for improving and regulating the same, so far as such clauses shall be applicable thereto respectively, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed therewith as forming one Act. And with respect to the construction of this Act, whether incorporated in whole or in part with any other Act, and of any Act incorporated therewith: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 2 ""The special Act:'' 2. The expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed for the improvement or regulation of any town or district, or of any class of towns or districts, defined or comprised therein, and with which this Act shall be incorporated; and the word "prescribed" used in this Act in reference to any matter herein stated shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word shall occur shall be construed as if instead of the word "prescribed" the expression "prescribed for that purpose in the special Act" had been used; and the expression "the commissioners" shall mean the commissioners, trustees, or other persons or body corporate intrusted by the special Act with powers for executing the purposes thereof. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 3 Interpretations in this and the special Act: 3. The following words and expressions in both this and the special Act, and any Act incorporated therewith, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number:Words importing the masculine gender shall include females:The word "person" shall include a corporation, whether aggregate or sole:The word "lands" shall include messuages, lands, tenements, and hereditaments, of any tenure:The word "street" shall extend to and include any road, square, court, alley, and thoroughfare, within the limits of the special Act:The word "month" shall mean a calendar month:The expression "superior courts" shall mean Her Majesty's superior courts of record at... [Belfast], as the case may require...The word "oath" shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath:The word "county" shall include riding or other division of a county having a separate commission of the peace, and shall also include county of a city or county of a town:The word "justice" shall mean justice of the peace acting for the place where the matter requiring the cognizance of any justice arises; and where any matter is authorized or required to be done by two justices, the expression "two justices" shall be understood to mean two or more justices met and acting together:The expression "quarter sessions" shall mean quarter sessions as defined in the special Act, and if such expression be not there defined shall mean the court of general or quarter sessions of the peace which shall be held in or at the place nearest to the district in which the matter arises requiring the cognizance of any such court, and having jurisdiction over such district:The word "owner," used with reference to any lands or buildings in respect of which any work is required to be done, or any rate to be paid, under this or the special Act shall mean the person for the time being entitled to receive, or who, if such lands or buildings were let to a tenant at rackrent, would be entitled to receive, the rackrent from the occupier thereof:The word "cattle" shall include horses, asses, mules, sheep, goats, and swine. And with respect to citing this Act or any part thereof: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 4 Short title of this Act. 4. In citing this Act in other Acts of Parliament, and in legal instruments, it shall be enough to use the expression "The Towns Improvement Clauses Act, 1847." TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 5 Form in which portions of this Act may be incorporated with other Acts. 5. For the purposes of incorporating part only of this Act with any Act hereafter to be passed, it shall be enough to describe the clauses of this Act with respect to any matter in the words introductory to the enactment with respect to such matter, and to enact that the clauses so described, or that this Act, with the exception of the clauses so described, shall be incorporated with such Act; and thereupon all the clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if such clauses were set forth therein with reference to the matter to which such Act relates. And with respect to the officers to be appointed by the commissioners or under any general town improvement Act: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 6 Meaning of inspector and provision as to execution of works before inspector is appointed. 6. When by this or the special Act any matter is required to be submitted to, or to be done with the approval of, the inspector, such inspector shall be understood to mean an inspector appointed under any general Act passed in this or any future session of Parliament authorizing the appointment of inspectors for inspecting or superintending works connected with paving, draining, or improving towns or populous districts; and until such an officer is appointed under any such general Act the commissioners, unless it be otherwise provided by the special Act, may proceed in the execution of this and the special Act without the approval of such officer, and as if no such officer had been mentioned in this or the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 7 Appointment and salary of surveyor. 7. The commissioners shall appoint,..., a person, duly qualified, to act as a local surveyor of the paving, drainage, and other works authorized under the provisions of this and the special Act, and of any Act to be incorporated therewith, and..., shall fix the salary to be paid to such surveyor, and shall pay such salary out of the rates levied under this or the special Act; and if any such surveyor die, resign, or be removed, the commissioners shall, ..., appoint another person, so duly qualified, in the room of the surveyor so dying, resigning, or removed; and the commissioners,..., may remove any such surveyor. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 8 Surveyor, before entering upon office, to make the following declaration. 8. Every such surveyor upon his appointment, and before he enters upon the duties of his office, shall make and subscribe before the chairman of the commissioners a declaration to the effect following; (that is to say,) "I A.B., the surveyor of the town [or district] of [here name the town or district], under the [here name the special Act], do declare, that I will diligently, faithfully, and impartially perform the duties of my office, and to the utmost of my power, skill, and ability endeavour to cause the several provisions of the said Act, and of the Towns Improvement Clauses Act, 1847, to be strictly observed, and that without favour or affection, prejudice or malice, to any person whomsoever". TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 9 Commissioners shall appoint an inspector of nuisances. 9. The commissioners shall appoint some person, by the title of "Inspector of Nuisances", to superintend and enforce the due execution of all duties to be performed by the scavengers appointed under this or the special Act, and to report to the commissioners any breach of the provisions of this or the special Act, or of any Act incorporated therewith, or of the byelaws, rules, and regulations of the commissioners, and the existence of any nuisances within the limits of the special Act; and the commissioners shall duly publish the name of any inspector of nuisances appointed by them, and shall require him to provide and keep a book in which shall be entered all reasonable complaints made by any householder of the district within the limits of the special Act of any breach of the provisions of this or the special Act, or of any Act incorporated therewith, or of the byelaws, rules, and regulations made by the commissioners for the preservation of due order and cleanliness or for the suppression of nuisances; and the inspector of nuisances shall forthwith inquire into the truth of such complaints, and report upon the same to the commissioners at their next meeting; and such report, and the order of the commissioners thereon, shall be entered in the said book, which shall be kept at the office of the commissioners, and shall be open at all reasonable times to the inspection of any inhabitant of the said district or other person interested; and it shall be the duty of such inspector of nuisances, subject to the direction of the commissioners, to make complaints before justices, and take legal proceedings for the punishment of any person who has committed any offence under this or the special Act, or under any byelaws made by virtue thereof. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 10 Same person may be surveyor and inspector of nuisances. 10. The commissioners may, if they think fit, appoint the same person to be both surveyor and inspector of nuisances. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 11 Offices for surveyor and inspector. 11. The commissioners shall provide offices for the use of the said surveyor and inspector in some convenient place within the limits of the special Act, either in connexion with their own office or otherwise, as may be most convenient, and shall cause due notice thereof to be given twice at the least in some newspaper circulating within the said limits. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 12 Appointment of officer of health. 12. The commissioners may, if they think fit, appoint, subject to the prescribed approval, or, where no approval is prescribed, subject to the approval of one of Her Majesty's Principal Secretaries of State, a person of competent skill and experience, who shall be styled "The Officer of Health," whose duty it shall be to ascertain the existence of diseases within the limits of the special Act, especially epidemics and contagious diseases, and to point out any nuisances or other local causes likely to cause and continue such diseases, or otherwise injure the health of the inhabitants, and to point out the best means for checking or preventing the spread of such diseases within the limits aforesaid, and also the best means for the ventilation of churches, chapels, schools, registered lodging houses, and other public buildings within the limits aforesaid, and from time to time, as required by the commissioners, to report to them upon the matters aforesaid, and to perform any other duties of a like nature which may be required of him; and the commissioners, with the same approval which is necessary for the appointment of the officer of health, shall fix the salary to be paid to such officer, and shall pay such salary out of the rates to be levied under this or the special Act; and the commissioners, with the like approval, may discontinue such office, or remove any such officer of health. Ss.1318 rep. by 1973 NI 2 art.60(2) sch.4 And with respect to taking lands, and the compensation to be made by the commissioners for damage done by them in execution of the powers of this and the special Act: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 19 Taking of lands for purposes of special Act to be subject to Lands Clauses Acts. 19. Where by this or the special Act the commissioners shall be empowered to take or use for the purposes thereof any lands otherwise than with the consent of the owners and occupiers thereof, they shall, in exercising the powers so given, be subject to the provisions and restrictions contained in this Act and in the Lands Clauses Consolidation Act, 1845; and the commissioners shall make to the owners and occupiers of and all other parties interested in any such lands taken or used for the purposes of this or the special Act full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers vested in the commissioners by this or the special Act, or any Act incorporated therewith; and, except where otherwise provided by this or the special Act, the amount of such compensation shall be determined in the manner provided by the said Lands Clauses Consolidation Act for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the last-mentioned Act shall be applicable to determine the amount of any such compensation, and to enforce the payment or other satisfaction thereof. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 20 Correction of errors and omissions in schedule to special Act. 20. If any omission, mis-statement, or wrong description shall have been made of any lands, or of the owners, lessees, or occupiers of any lands, mentioned in any schedule to the special Act, the commissioners, after giving ten days' notice to the owners, lessees, and occupiers of the lands affected by such proposed correction, may apply to two justices for the correction thereof; and if it appear to such justices that such omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, mis-statement, or wrong description; and such certificate, with the other documents to which it relates, shall be deposited with the [chief clerk for the county court division] in which the lands affected thereby are situated, and such certificate shall be kept by such [chief clerk] with the other documents to which it relates, and thereupon such schedule shall be deemed to be corrected according to such certificate; and the commissioners may take any lands in accordance with such certificate, as if such omission, mis-statement, or wrong description had not been made. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 21 Compensation for damage done to buildings, &c. in execution of powers. 21. The commissioners shall make good all damage to any buildings or land by reason of altering the level of any street, or otherwise carrying into execution any of the powers of this or the special Act, or of any Act incorporated therewith, and shall pay to the owners, lessees, and occupiers of any such buildings or lands respectively such amount of compensation for such injury as shall be agreed upon between such owners, lessees, and occupiers, and the commissioners; and if such owners, lessees, and occupiers and the commissioners cannot agree as to the amount of such compensation, and the proportions thereof to be paid to such owners, lessees, and occupiers respectively, then the amount of such compensation, and also the proportions which the persons claiming the same are entitled to, shall be determined in the manner provided by the Lands Clauses Consolidation Act, 1845, for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the last-mentioned Act shall be applicable to determine the amount of any such compensation, and to enforce payment or other satisfaction thereof. Ss.2234 rep. by 1954 c.9 (NI) s.29 sch.7; 1973 NI 2 art.60(2) sch.4 And with respect to the drainage of houses: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 35 Commissioners empowered to construct drains from houses. 35. If any house or building within the limits of the special Act be at any time not drained by a sufficient drain or pipe communicating with some sewer, or with the sea or some public river, to the satisfaction of the commissioners, and if there shall be such means of drainage within one hundred feet of any part of such house or building, the commissioners shall construct or lay from such house or building a covered drain or pipe, of such materials, of such size, at such level, and with such fall, as they think necessary for the drainage of such house or buildings, its areas, waterclosets, privies, and offices; provided that the cost of executing such work shall not, without the written consent of the owner, exceed one year's rackrent of such house or building; and the expences incurred by the commissioners in respect thereof, if not forthwith paid by the owner or occupier, shall be defrayed by the drainage rates herein-after mentioned. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 36 No house to be built without drains being constructed. 36. No house or building within the limits of the special Act shall be built upon a lower level than will allow of the drainage of the wash and refuse of such house or building into some sewer belonging to the commissioners either then existing or marked out upon the map herein-before directed to be made by them, or into the sea, or some public river into which the commissioners are empowered to empty their sewers; and if there be such means of drainage existing within one hundred feet of such intended house or building, the commissioners shall cause a drain leading thereunto from the intended site of such house to be made, of such materials, of such size, at such level, and with such fall, as they think fit, or if there be no such means of drainage within one hundred feet of any part of the said intended site of such house or building, then such drain shall be made so as to lead into such covered cesspool or other place as the commissioners direct, not being under any dwelling house, and constructed to the satisfaction of the commissioners, so as effectually to prevent the escape of the contents thereof, until such sewer as aforesaid is made by the commissioners, when they shall make a drain to communicate with such new-made sewer, and shall demolish and fill up any such cesspool. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 37 Where houses are rebuilt, the level shall be raised so as to allow a drain to be constructed. 37. Whenever any house is rebuilt within the limits of the special Act, the level of the cellar or other lowest floor of such house shall be raised sufficiently to allow of the construction of such a drain as is herein-before provided in the case of houses to be built after the passing of the special Act; and whenever any house is taken down as low as the floor of the first story for the purpose of being built up again, such building shall be deemed a rebuilding within the meaning of this Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 38 Notice of intended buildings and rebuildings, with plans showing intended levels. 38. Before beginning to build any new house, or to rebuild any existing house, within the limits of the special Act, the person intending to build or rebuild such house shall give to the commissioners notice thereof in writing, and shall accompany such notice with a plan showing the level at which the foundation of such house is proposed to be laid, by reference to some level ascertained under the direction of the commissioners. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 39 Commissioners may disapprove intended level and fix the level. 39. Within fourteen days after receiving such notice the commissioners may signify their disapproval of the level at which it is proposed to lay the foundation of any such house, and in case of such disapproval may within the said fourteen days fix the level at which the same is to be laid, subject to such right of appeal as is herein-after mentioned. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 40 Houses built without notice, or on a different level from that fixed may be altered or demolished. 40. In default of sending such notice and plan, or if such building be begun or made at any level different from that fixed by the commissioners within the said fourteen days, or determined on appeal as after mentioned, or in any other respect contrary to the provisions of this or the special Act, the commissioners may, if necessary, cause such building to be altered or demolished, as the case requires, and the expence incurred by the commissioners in respect thereof shall be repaid to them by the person failing to comply with the provision aforesaid, and shall be recoverable as damages. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 41 If commissioners fail to signify their approval, &c. of level, parties may proceed to build. 41. Provided always, that if the commissioners fail to signify in writing their approval or disapproval of the level shown on such plan as aforesaid within fourteen days after receiving such notice and plan as aforesaid, the person giving such notice may, notwithstanding anything herein-before contained, proceed to build or rebuild the house therein referred to according to the level shown on such plan, provided that such building or rebuilding be otherwise in accordance with the provisions of this and the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 42 Commissioners may require owners of houses to provide privies and ashpits. 42. The commissioners shall require the owner of every house within the said limits, to which no sufficient privy and ashpit, with proper doors and coverings, is attached, to provide, where it appears to them that there is room enough for the purpose, such privy and ashpit, in such situation, not disturbing any building then already erected, as the commissioners deem necessary for the use of the inmates and occupiers thereof; and every such privy and ashpit shall be constructed to the satisfaction of the commissioners, so as effectually to prevent the escape of the contents thereof: Provided always that where a privy and ashpit is used in common by the inmates and occupiers of two or more of such houses, the commissioners may, if they think fit, dispense with the provision of a privy and ashpit for each such house. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 43 On default of owner in providing privy, &c. commissioners may provide the same. 43. The owner of any such house shall provide the same with a privy, with such door and covering to the same, and with such ashpit as aforesaid, to the satisfaction of the commissioners, within one month next after notice in writing for that purpose given by the commissioners to him or to the occupier of such house, and in default thereof the commissioners shall cause such privy and ashpit to be provided, so nevertheless that the cost of executing such work shall not, without the written consent of the owner, exceed one year's rackrent of such house or building; and the expence incurred thereby shall be defrayed by the drainage rates herein-after mentioned. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 44 Drains, privies, and cesspools to be under control of commissioners, and to be kept in order by owners. 44. All branch drains, as well within as without the lands or buildings to which they belong, and all privies, ashpits, and cesspools within the limits of the special Act, shall be under the survey and control of the commissioners, and shall be altered, repaired, and kept in proper order at the costs and charges of the owners of the lands and buildings to which the same belong, or for the use of which they are constructed or continued; and if the owner and occupier of any land or buildings to which any such drain, privy, ashpit, or cesspool belongs neglect, during fourteen days after notice in writing for that purpose, to alter, repair, and to put the same into good order, in the manner required by the commissioners, the commissioners may cause such drain, privy, ashpit, or cesspool to be altered, repaired, covered, and put in good order; and the expence incurred by the commissioners in respect thereof shall be repaid to them by the owners by whom the same ought to have been done, and shall be recoverable as damages. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 45 Inspection of drains, privies, and cesspools. 45. The surveyor of the commissioners may inspect any drain, privy, ashpit, or cesspool within the limits of the special Act, and for that purpose, at all reasonable times in the daytime, after twenty-four hours' notice in writing to the occupier of the premises to which such drain, privy, ashpit, or cesspool is attached, may enter upon any lands and buildings, with such assistants and workmen as are necessary, and cause the ground to be opened where he thinks fit, doing as little damage as may be; and if such drain, privy, ashpit, or cesspool be found to be in proper order and condition, he shall cause the ground to be closed and made good as soon as may be; and the expences of opening, closing, and making good such drain, privy, ashpit, or cesspool shall in that case be defrayed by the commissioners. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 46 Penalty on persons making or altering drains, &c. contrary to the orders of the commissioners. 46. If any such drain, privy, or cesspool be on inspection found to have been constucted, after the passing of the special Act, contrary to the directions and regulations of the commissioners, or contrary to the provisions of this or the special Act, or if any person, without the consent of the commissioners, construct, rebuild, or unstop any drain, privy, or cesspool which has been ordered by them to be demolished or stopped up or not to be made, every person so doing shall be liable to a penalty not exceeding five pounds; and the commissioners may cause such amendment or alteration to be made in any such drain, privy, or cesspool as they think fit; and the expence attending any such amendment or alteration shall be paid by the person by whom such sewer was improperly constructed, rebuilt, or altered, and shall be recoverable from him as damages. Ss.4763 rep. by SLR 1894; 1972 NI 16 art.63(3) sch.19; 1980 NI 11 art.64(2) sch.9 And with respect to naming the streets and numbering the houses: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 64 Houses to be numbered and streets named. 64. The commissioners shall from time to time cause the houses and buildings in all or any of the streets to be marked with numbers as they think fit, and shall cause to be put up or painted on a conspicuous part of some house, building, or place, at or near each end, corner, or entrance of every such street, the name by which such street is to be known; and every person who destroys, pulls down, or defaces any such number or name, or puts up any number or name different from the number or name put up by the commissioners, shall be liable to a penalty not exceeding [#20] for every such offence. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 65 Numbers of houses to be renewed by occupiers. 65. The occupiers of houses and other buildings in the streets shall mark their houses with such numbers as the commissioners approve of, and shall renew such numbers as often as they become obliterated or defaced; and every such occupier who fails, within one week after notice for that purpose from the commissioners, to mark his house with a number approved of by the commissioners, or to renew such number when obliterated, shall be liable to a penalty not exceeding [#20] and the commissioners shall cause such numbers to be marked or to be renewed, as the case may require, and the expence thereof shall be repaid to them by such occupier, and shall be recoverable as damages. Ss.6674 rep. by 1980 NI 11 art.64(2) sch.9 And with respect to ruinous or dangerous buildings: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 75 Ruinous or dangerous buildings to be taken down or secured by owners, &c. 75. If any building or wall, or anything affixed thereon, within the limits of the special Act, be deemed by the surveyor of the commissioners to be in a ruinous state, and dangerous to passengers or to the occupiers of the neighbouring buildings, such surveyor shall immediately cause a proper board or fence to be put up for the protection of passengers, and shall cause notice in writing to be given to the owner of such building or wall, if he be known and resident within the said limits, and shall also cause such notice to be put on the door or other conspicuous part of the said premises, or otherwise to be given to the occupier thereof, if any, requiring such owner or occupier forthwith to take down, secure, or repair such building, wall, or other thing, as the case shall require; and if such owner or occupier do not begin to repair, take down, or secure such building, wall, or other thing within the space of three days after any such notice has been so given or put up as aforesaid, and complete such repairs, or taking down or securing, as speedily as the nature of the case will admit, the said surveyor may make complaint thereof before two justices, and it shall be lawful for such justices to order the owner, or in his default the occupier (if any), of such building, wall, or other thing, to take down, rebuild, repair, or otherwise secure, to the satisfaction of such surveyor, the same, or such part thereof as appears to them to be in a dangerous state, within the time to be fixed by such justices; and in case the same be not taken down, repaired, rebuilt, or otherwise secured within the time so limited, or if no owner or occupier can be found on whom to serve such order, the commissioners shall with all convenient speed cause all or so much of such building, wall, or other thing as shall be in a ruinous condition, and dangerous as aforesaid, to be taken down, repaired, rebuilt, or otherwise secured, in such manner as shall be requisite; and all the expences of putting up every such fence, and of taking down, repairing, rebuilding, or securing such building, wall, or other thing, shall be paid by the owner thereof. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 76 Expences recoverable summarily as civil debt. 76. If such owner can be found within the limits of the special Act, and if, on demand of the expences aforesaid, he neglect or refuse to pay the same, then such expences may [, irrespective of the amount thereof, be recovered summarily as a civil debt.] TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 77 If owner cannot be found within the limits, or expences recovered as a civil debt, commissioners may take the house or ground. 77. If such owner cannot be found within the said limits, [or the expences cannot be recovered as mentioned in section 76], the commissioners, after giving twenty-eight days' notice of their intention to do so, by posting a printed or written notice in a conspicuous place on such building, or on the land whereon such building stood, may take such building or land, provided that such expences be not paid or tendered to them within the said twenty-eight days, making compensation to the owner of such building or land in the manner provided by the Lands Clauses Consolidation Act, 1845, in the case of lands taken otherwise than with the consent of the owners and occupiers thereof, and the commissioners shall be entitled to deduct out of such compensation the amount of the expences aforesaid, and may thereupon sell or otherwise dispose of the said building or land for the purposes of this Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 78 Commissioners may sell the materials for payment of expences, restoring to the owner the overplus arising from the sale. 78. If any such house or building as aforesaid, or any part of the same, be pulled down by virtue of the powers aforesaid, the commissioners may sell the materials thereof, or so much of the same as shall be pulled down, and apply the proceeds of such sale in payment of the expences incurred in respect of such house or building; and the commissioners shall restore any overplus arising from such sale to the owner of such house or building, on demand; nevertheless, the commissioners, although they sell such materials for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the said expences as may remain due after the application of the proceeds of such sale as are herein-before given to them for compelling the payment of the whole of the said expences. And with respect to precautions during the construction and repair of the sewers, streets, and houses: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 79 Houses to be protected and bars to be erected across streets, during repairs. 79. The commissioners shall, during the construction or repair of any of the streets vested in them,... [or the construction or repair of any other works of public utility], take proper precaution for guarding against accident, by shoreing-up and protecting the adjoining houses, and shall cause such bars or chains to be fixed across or in any of the streets, to prevent the passage of carriages and horses while such works are carried on, as to them shall seem proper; and the commissioners shall cause any... other works, during the construction or repair thereof by them, to be lighted and guarded during the night, so as to prevent accidents; and every person who takes down, alters, or removes any of the said bars or chains, or extinguishes any light, without the authority or consent of the commissioners, shall for every such offence be liable to a penalty not exceeding [#20 for a first offence and #50 for a second or subsequent offence]. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 80 Hoards to be set up during repairs, with footways and lights. 80. Every person intending to build or take down any building within the limits of the special Act, or to cause the same to be so done, or to alter or repair the outward part of any such building, or to cause the same to be so done, where any street or footway will be obstructed or rendered inconvenient by means of such work, shall before beginning the same cause sufficient hoards or fences to be put up, in order to separate the building where such works are being carried on from the street, with a convenient platform and handrail, if there be room enough, to serve as a footway for passengers, outside of such hoard or fence, and shall continue such hoard or fence, with such platform and handrail as aforesaid, standing and in good condition, to the satisfaction of the commissioners, during such time as the public safety or convenience requires, and shall in all cases in which it is necessary, in order to prevent accidents, cause the same to be sufficiently lighted during the night; and every such person who fails to put up such fence or hoard, or platform with such handrail as aforesaid, or to continue the same respectively standing and in good condition as aforesaid during the time aforesaid, or who does not, while the said hoard or fence is standing, keep the same sufficiently lighted in the night, or who does not remove the same, when directed by the commissioners, within a reasonable time afterwards, shall for every such offence be liable to a penalty not exceeding [#100], and a further penalty not exceeding [#2] for every day while such default is continued. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 81 When building materials are deposited in streets, &c. the same shall be lighted at night, and fenced. 81. When any building materials, rubbish, or other things are laid, or any hole made, in any of the streets, whether the same be done by order of the commissioners or not, the person causing such materials or other things to be so laid, or such hole to be made, shall at his own expence cause a sufficient light to be fixed in a proper place upon or near the same, and continue such light every night from sun-setting to sun-rising, while such materials or hole remain; and such person shall, at his own expence, cause such materials or other things, and such hole, to be sufficiently fenced and inclosed, until such materials or other things are removed, or the hole filled up or otherwise made secure; and every such person who fails so to light, fence, or inclose such materials or other things, or such hole, shall for every such offence be liable to a penalty not exceeding [#20 for a first offence and #50 for a second or subsequent offence], and a further penalty not exceeding [#2] for every day while such default is continued. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 82 Penalty for continuing deposits of building materials or excavations for an unreasonable time. 82. In no case shall any such building materials or other things or such hole be allowed to remain for an unnecessary time, under a penalty not exceeding [#20 for a first offence and #50 for a second or subsequent offence] to be paid for every such offence by the person who causes such materials or other things to be laid or such hole to be made, and a further penalty not exceeding [#2] for every day during which such offence is continued after the conviction for such offence; and in any such case the proof that the time has not exceeded the necessary time shall be upon the person so causing such materials or other things to be laid, or causing such hole to be made. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 83 Commissioners to cause dangerous places to be repaired or inclosed. 83. If any building or hole or any other place near any street be, for want of sufficient repair, protection, or inclosure, dangerous to the passengers along such street, the commissioners shall cause the same to be repaired, protected, or inclosed, so as to prevent danger therefrom; and the expences of such repair, protection, or inclosure shall be repaid to the commissioners by the owner of the premises so repaired, protected, or inclosed, and shall be recoverable from him as damages. And with respect to objections to the works to be constructed by or subject to the approval of the commissioners: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 84 Commissioners to give notice before fixing levels of streets, or making, altering, or abandoning sewers. 84. Twenty-eight days at the least before fixing the level of any street which has not become a public highway, or any street which has not been theretofore levelled or paved,..., the commissioners shall give notice of their intention by posting a printed or written notice in a conspicuous place at each end of every such street through or in which such work is to be undertaken, which notice shall set forth the name or situation of the street intended to be levelled or paved,..., and shall refer to plans of such intended work, and shall specify a place where such plans may be seen, and a time when and place where all persons interested in such intended work may be heard thereupon; and they shall at the same time give to the inspector notice of the said intended work, and of the time and place appointed for hearing objections thereto. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 85 Meeting of commissioners to hear objections to intended works. 85. The commissioners shall meet at the time and place mentioned in the said notice, to consider, in the presence of the inspector, or of the surveyor of the commissioners, any objections made against such intended work, and all persons interested therein, or likely to be aggrieved thereby, shall be entitled to be heard before the commissioners at such meeting; and thereupon the commissioners may, with the concurrence of the inspector, if any inspector has been appointed and is present at such meeting, or in the absence of the inspector, or if no inspector have been appointed, then in their discretion, abandon or make such alterations in the said intended work as they judge fit; and no such work to which any objection is made at such meeting at which any such inspector shall be present shall be executed unless the inspector, or if no inspector have been appointed, then unless the surveyor of the commissioners, after the person making such objection or his agent has been heard, certify that the work in his judgment ought to be executed, nor shall such work be begun until the end of seven days after an order for the execution thereof has been duly made by the commissioners, and entered in their books. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 86 Commissioners may abandon or alter intended works. 86. Any person liable to pay or to contribute towards the expence of any of the works aforesaid, or otherwise aggrieved by any order of the commissioners relating thereto, may, at any time within seven days next after the making of any such order, give notice in writing to the commissioners that he intends to appeal against such order to the court of quarter sessions holden next after the expiration of ten days next after such notice, and along with such notice he shall give a statement in writing of the grounds of the appeal; and if within four days next after giving such notice the party enter into a recognizance before some justice, with two sufficient sureties, conditioned to try the appeal, and abide the order of the court, and pay such costs as shall be awarded by the court thereupon, the work so appealed against shall not be begun until after the judgment of the court upon such appeal; and such court, upon due proof of such notice and of such recognizance having been given and entered into, shall hear and determine the matter of the appeal, and shall make such order thereon, either confirming, quashing, or varying the same, and shall award such costs to either of the parties, as the court in its discretion thinks fit: Provided always, that the appellant shall not be heard in support of such appeal unless such notice and statement shall have been given and such recognizance entered into as aforesaid, nor on the hearing of such appeal shall he go into evidence of any other grounds of appeal than those set forth in such statement as aforesaid. And with respect to cleansing the streets: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 87 If any objection is made works shall not be executed without certificate from inspector or surveyor. 87. The commissioners shall cause all the streets, together with the foot pavements, from time to time to be properly swept and cleansed, and all dust and filth of every sort found thereon to be collected and removed, and shall cause all the dust, ashes, and rubbish to be carried away from the houses and tenements of the inhabitants of the town or district within the limits of the special Act, at convenient hours and times, and shall cause the privies and cesspools within the said town or district to be from time to time emptied and cleansed in a sufficient and proper manner: Provided always, that the occupier of any house or tenement within the limits of the special Act may keep and remove any such soil, ashes, or rubbish as shall be made on his own premises, and shall be kept for manure, so that the same be not a nuisance to the inhabitants residing near such premises, and that the same be removed at such times and in such manner as shall be approved of by the commissioners. Ss.88, 89 rep. by 1968 c.28 (NI) s.16 sch.4 TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 90 Persons aggrieved by order of commissioners may appeal to quarter sessions. 90. The dust and filth which the commissioners shall cause to be collected from the streets, privies, sewers and cesspools, and all the dust, ashes, and rubbish which the commissioners shall cause to be collected and carried away from the houses or elsewhere within the said limits, shall be the property of the commissioners, and the commissioners shall have power to sell and dispose of the same as they think proper, and the money arising from the sale thereof shall be applied toward the purposes of the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 91 Cleansing of strees. 91. The commissioners may from time to time provide places convenient for the deposit of the night soil, dung, ashes, and other filth and rubbish to be collected under the authority of this or the special Act, and for stabling and keeping all horses, carts, implements, and other things required for the purposes of this or the special Act, or of any Act to be incorporated therewith; and for any of such purposes the commissioners may purchase or hire any lands or buildings by them considered necessary, or they may cause any new building to be made upon any land which shall be purchased or hired by them under the provisions of this or the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 92 Dust, &c. collected to be vested in the commissioners. 92. The commissioners, if they think fit so to do, may cause any number of moveable or fixed dust boxes or other conveniences wherein dust and ashes may be deposited until removed and carried away to be provided and placed in such of the streets as they shall judge necessary, and may require the occupiers of houses or tenements within such streets to cause all their dust and ashes to be deposited daily in the said dust boxes or other conveniences; and every person who, after such dust boxes or conveniences have been so provided, shall deposit or cause or permit to be deposited any ashes or dust in any part of any street, except in some of the said dust boxes or other conveniences, and every person who shall lay or cause to be laid any dirt, dung, or other filth in any part of any street, shall for every such offence forfeit and pay a sum not exceeding [50p]. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 93 Commissioners may provide lands, &c. for deposit of soil and materials, and for stabling horses, &c. 93. The commissioners may erect such public urinals within the limits of the special Act, and in such situations as they think fit, and may defray the expence thereof, and of keeping the same in good order, and may make compensation for any injury occasioned to any person by the erection thereof, out of the monies to be levied under this and the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 94 Dust boxes may be erected in streets by commissioners. 94. The commissioners shall, as often as occasion requires, cause the streets to be watered, and they may contract with any water company or other party for a supply of water for that purpose, and for cleansing the sewers and drains; and, if necessary, they may place pipes, conduits, and pumps in any of the streets, or provide any other works and engines proper for that purpose, and remove and alter the same when and as they think proper. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 95 Commissioners may cause public conveniences to be erected. 95. The commissioners shall appoint and employ a sufficient number of scavengers, or contract with any company or other person to employ scavengers, for sweeping, cleansing, and watering the street, and for removing all dust, ashes, rubbish, and filth therefrom, and from the houses and tenements therein, and for emptying privies and cesspools, in the manner by this or the special Act directed; and such scavengers shall, on such days and at such hours and in such manner as the commissioners from time to time appoint, sufficiently execute all such works and duties as they have respectively contracted or been employed to perform; and every such contractor who fails to sweep and properly cleanse or water any street which he has contracted to sweep, cleanse, or water, or who fails to clean out and empty any privy, cesspool, or sewer which he has contracted to clean out and empty, at the time and in the manner appointed by the commissioners, or to collect or remove any dirt, ashes, or rubbish which he has contracted to remove, at the time and in the manner prescribed by the commissioners for that purpose, or who lays any of such soil, dust, ashes, rubbish, or filth in any other place than such as are appointed by the commissioners for that purpose, shall for every such offence be liable to a penalty not exceeding five pounds. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 96 Commissioners to cause streets to be watered, or contract for that purpose. 96. Every occupier of any building or land within the said limits, and every other person, who refuses to permit the said scavengers to remove such dirt, ashes, or rubbish as by this or the special Act they are authorized to do, or who obstructs the said scavengers in the performance of their duty, shall for every such offence be liable to a penalty not exceeding five pounds. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 97 Commissioners to appoint scavengers or contract for their employment. 97. Every person, other than the person employed by the commissioners, or by some person contracting with the commissioners for that purpose, who collects or carries away any night soil, dust, ashes, rubbish, or filth, by this or the special Act directed to be removed by persons employed by the commissioners, from any street or public place within the limits of the special Act, shall be liable to a penalty not exceeding [#2] for every such offence. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 98 Penalty for obstructing scavengers. 98. The commissioners may from time to time fix the hours within which only it shall be lawful to empty privies or remove offensive matter within the limits of the special Act; and when the commissioners have fixed such hours, and given public notice thereof, every person who within the limits of the special Act empties or begins to empty any privy, or removes along any thoroughfare within the said limits any offensive matter, at any time except within the hours so fixed, and also every person who at any time, whether such hours have been fixed by the commissioners or not, uses for any such purpose any cart or carriage not having a covering proper for preventing the escape of the contents of such cart, or of the stench thereof, or who wilfully slops or spills any such offensive matter in the removal thereof, or who does not carefully sweep and clean every place in which any such offensive matter has been placed, or unavoidably slopped or spilled, shall be liable to a penalty not exceeding [#2]; and in default of the apprehension of the actual offender the driver or person having the care of the cart or carriage employed for any such purpose shall be deemed to be the offender. And with respect to the prevention of nuisances: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 99 Penalty on persons, other than those employed by commissioners, for removing dirt, &c. 99. No person shall suffer any waste or stagnant water to remain in any cellar or other place within any house belonging to or occupied by him within the limits of the special Act, so as to be a nuisance; and every person who so suffers any such water to remain for forty-eight hours after receiving notice from the commissioners to remove the same, and every person who allows the contents of any privy or cesspool to overflow or soak therefrom, to the annoyance of the occupiers of any adjoining property, shall for every such offence be liable to a penalty not exceeding [#2], and to a further penalty not exceeding [25p] for every day during which such nuisance continues; and the commissioners may drain and cleanse out any stagnant pools, ditches, or ponds of water within the limits of the special Act, and abate any such nuisance as aforesaid, and for that purpose may enter, by their officers and workmen, into and upon any building or land within the said limits at all reasonable times, and do all necessary acts for any of the purposes aforesaid; and the expences incurred thereby shall be paid by the person committing such offence, or occupying the building or land whence such annoyance proceeds, and if there be no occupier, by the owner of such building or land, and shall be recoverable as damages. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 100 Penalty for conveying offensive matter at improper times, or in an improper manner. 100. If the dung or soil of any stable, cowhouse, or pigstye, or other collection of refuse matter, elsewhere than in any farmyard, be at any time allowed to accumulate within the limits of the special Act for more than thirty days, or for more than seven days after a quantity exceeding one ton has been collected in any place not allowed by the commissioners, such dung, soil, or refuse, if not removed within forty-eight hours after notice from any officer of the commissioners for that purpose, shall become the property of the commissioners, and they, or any person with whom they have at that time any subsisting contract for the removal of refuse, may sell and dispose of the same, and the money thence arising shall be applied towards the purposes of the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 101 Stagnant pools of water and other annoyances to be removed. 101. If at any time the officer of health, or, if for the time being there be no officer of health, any two surgeons or physicians, or one surgeon and one physician, residing within the limits of the special Act, certify under his or their hand to the commissioners that any accumulation of dung, soil, or filth, or other noxious or offensive matter, within the limits of the special Act, ought to be removed, as being injurious to the health of the inhabitants, the clerk to the commissioners shall forthwith give notice to the owner or reputed owner of such dung, soil, or filth, or to the occupier of the land where the same are, to remove the same within twenty-four hours after such notice; and in case of failure to comply with such notice, the said dung, soil, or filth shall thereupon become vested in the commissioners, and they, or any person with whom they have at that time contracted for the removal of all such refuse, may sell and dispose of the same, and the money thence arising shall be applied towards the purposes of the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 102 Regulations to prevent accumulation of dung, &c. 102. If at any time the officer of health, or, if for the time being there be no officer of health, any two surgeons or physicians, or one surgeon and one physician, residing within the said limits, certify under his or their hands to the commissioners that any house or part of any house or building within the limits of the special Act is in such a filthy or unwholesome condition that the health of the inmates or of the neighbours is thereby affected or endangered, or that the whitewashing, cleansing, or purifying of any house or building or any part thereof would tend to prevent or check infectious or contagious disease therein, or that any drain, privy, or cesspool is in such a defective state that the health of the neighbours is thereby affected or endangered, the commissioners shall order the occupier of such house or part thereof to whitewash, cleanse, and purify the same, and the owner of such drain, privy, or cesspool to amend the condition thereof, in such manner and within such time as the commissioners deem reasonable; and if such occupier or owner do not comply with such order, he shall be liable to a penalty not exceeding [50p] for every day's neglect thereof; and in such case the commissioners may cause such house or any part thereof to be whitewashed, cleansed, and purified, or the condition of such drain, privy, or cesspool to be amended, and may recover the expence thereof from such occupier or owner, in the same manner as damages. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 103 On certificate of the officer of health, or two surgeons, &c. filth to be removed. 103. No coffin containing a corpse shall be buried in any grave within the limits of the special Act, not being a vault or catacomb, without at least thirty inches of soil between the ordinary surface of such burial ground and the upper side of the coffin; and if the person having the preparation or the immediate charge of the preparation of the grave to receive such coffin permit the coffin to be buried in such grave, or if the person having the control of the burial ground knowingly permit any coffin to be buried in any grave, in which there is not left after the burial thereof thirty inches at the least of soil, measuring from the ordinary surface of such burial ground to the upper side of the coffin, the person having the immediate charge of the preparation of the grave, and the person having the control of the burial ground in which such burial is made, shall for every such offence be liable to a penalty not exceeding five pounds. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 104 Houses to be whitewashed and purified, and drains, &c. amended on certificate of an officer of health, &c. 104. If any candle-house, melting-house, melting-place, or soap-house, or any slaughter-house, or any building or place for boiling offal or blood, or for boiling or crushing bones, or any pigstye, necessary house, dunghill, manure heap, or any manufactory, building, or place of business, within the limits of the special Act, be at any time certified to the commissioners by the inspector of nuisances or officer of health, or, if for the time being there be no inspector of nuisances or officer of health, by any two surgeons or physicians, or one surgeon and one physician, to be a nuisance or injurious to the health of the inhabitants, the commissioners shall direct complaint to be made before two justices; and any justice may summon before any two justices the person by or on whose behalf the work complained of is carried on, and such justices shall inquire into such complaint, and they may, by an order in writing under their hands, order such person to discontinue or remedy the nuisance within such time as to them shall appear expedient: Provided always, that if it appear to such justices that in carrying on any business complained of the best means then known to be available for mitigating the nuisance or the injurious effects of such business have not been adopted, they may suspend their final determination, upon condition that the person so complained against shall undertake to adopt within a reasonable time such means as the said justices shall judge to be practicable, and order to be carried into effect, for mitigating or preventing the injurious effects of such business. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 105 No interment in any grave without leaving two feet six inches clear of soil above the coffin. 105. If any such nuisance, or the cause of any such injurious effects as aforesaid, be not discontinued or remedied within such time as shall be ordered by the said justices, the person by or on whose behalf the business causing such nuisance is carried on shall be liable to a penalty not exceeding five pounds for every day during which such nuisance shall be continued or unremedied after the expiration of such time as aforesaid: Provided always, that when any person who thinks himself aggrieved by any such order shall, according to the provisions of this or the special Act, appeal against any such order, such person shall not be liable to discontinue or remedy the nuisance or cause of the injurious effects mentioned therein, or to pay any penalty, until after the expiration of five days after the determination of such appeal and the confirmation of such order, unless such appeal cease to be prosecuted. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 106 Justices may order nuisances to be abated. 106. The commissioners may direct any prosecution for any public nuisance whatsoever created, permitted, or suffered within the limits of the special Act, and may order proceedings to be taken for the recovery of any penalties, and for the punishment of any persons offending against the provisions of this or the special Act, or of any Act incorporated therewith, and may order the expences of such prosecution or other proceedings to be paid out of the rates authorized to be imposed under the provisions of this and the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 107 Penalty for disobedience to orders of justices. 107. Nothing in this Act contained shall be construed to render lawful any act or omission on the part of any person which is, or but for this Act would be, deemed to be a nuisance at common law, nor to exempt any person guilty of nuisance at common law from prosecution or action in respect thereof, according to the forms of proceeding at common law, nor from the consequences upon being convicted thereof. S.108 rep. by 1964 c.16 (NI) s.44 sch.4 And with respect to the construction of houses for prevention of fire, be it enacted as follows: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 109 Commissioners may direct prosecutions for nuisances, and other proceedings, and may order the costs to be paid out of the rates. 109. The party walls of all buildings erected after the passing of the special Act within the limits thereof shall be carried through and above the roof, to form a parapet of not less than twelve inches in height, measured at right angles with the slope of the roof, above the covering of the roof of the highest building to which such party walls belong; and all such party walls, and the external walls of all buildings erected after the passing of the special Act in or near any street, or within the curtilage of any house adjoining any street, shall be constructed of incombustible materials, and the coverings of the roofs thereof shall not, without the previous consent in writing of the commissioners, be constructed of combustible materials; and it shall not be lawful for the owner of any building within the limits of the special Act, having at the passing of the special Act a roof covered with thatch or other combustible material, and contiguous to or adjoining to any other building, to suffer such covering to such roof to remain for a longer period than seven years after the passing of the special Act, unless with the consent in writing of the commissioners; and every person who shall erect any building, or cover any roof, or suffer the covering of any roof to continue, contrary to the provision herein contained, and who shall not remove or alter the same within one month after notice given to him for that purpose by the commissioners, shall be liable to a penalty not exceeding one pound for every day that such building or covering to such roof shall so continue. And with respect to supplying buildings with fresh air: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 110 Party walls of new buildings to be carried up through the roof. 110. Before beginning to build any building intended to be used as a church, chapel, or school, or a place of public amusement or entertainment, or for holding large numbers of people for any purpose whatsoever, within the limits of the special Act, the person intending to build the same shall give fourteen days notice in writing to the commissioners, and shall accompany such notice with a plan and description of the manner proposed for its construction, with respect to the means of supplying fresh air to such building; and no person shall begin to build such building until the manner proposed for its construction, with respect to the means for supplying fresh air, have been approved of by the commissioners; and in default of sending such notice, or if any such building be erected without such approval, the commissioners may cause such building, or such part of it as they consider necessary, to be pulled down or altered, at the expence of the owner, and any expence incurred by the commissioners in so doing may be recovered as herein-before provided with respect to ruinous or dangerous buildings taken down or repaired by the commissioners. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 111 Walls of buildings, and coverings of roofs, to be made of incombustible materials. 111. Provided always, that if the commissioners fail to signify in writing their approval or disapproval of the manner of construction of such building, with respect to the means of supplying fresh air, shown on such plan and description as aforesaid, within fourteen days after receiving such notice, accompanied by such plan and description, the person giving such notice may, notwithstanding anything herein contained, proceed to build the building therein referred to in the manner shown on such plan and description; provided that such building be otherwise in accordance with the provisions of this and the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 112 Approval by commissioners of plans of churches or buildings intended as places for public meetings. 112. Provided also, that if the person so intending to build be dissatisfied with the determination of the commissioners as to the said proposed manner of construction, he shall have the same right of appeal against the determination of the commissioners, and such appeal shall be followed by the same incidents, as herein-before provided in the case of appeals against any order of the commissioners with respect to works to be constructed by or subject to the approval of the commissioners. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 113 If commissioners fail to signify their approval of plan within fourteen days, party may proceed to build. 113. It shall not be lawful to let separately, except as a warehouse or storehouse, or to suffer to be occupied as a dwelling place, any cellar under any house in any court within the limits of the special Act, after the commissioners have given notice to the owners thereof that the letting of cellars as dwelling places in such court is prohibited from that time forth; and it shall be the duty of the commissioners to issue such notices from time to time, as soon as is convenient, until such notice has been given with respect to every court within the limits of the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 114 Appeal against determination of commissioners. 114. It shall not be lawful to let separately, except as a warehouse or storehouse, or to suffer to be occupied as a dwelling place, any cellar or room under any house within the said limits, although not situated in a court, which cellar or room shall be less in height from the floor to the ceiling than seven feet, or which shall be less than one third of its height above the level of the street or ground adjoining the same, or otherwise shall not have two feet at least of its height from the floor to the ceiling above the said level, with an open area of two feet wide from the level of the floor of such cellar or room up to the level of the said street or ground, or which shall not have appurtenant thereto the use of a watercloset or privy and ashpit, according to the enactment herein contained, or which shall not also have a glazed window made to open to the full extent of the half thereof, the area of which is not less than six feet clear of the frame, and a fireplace, with a chimney or flue, or which cellar, being an inner or back cellar let or occupied along with a front cellar as part of the same letting or occupation, has not a ventilating flue, (unless such inner or back cellar shall be part of a house built before the passing of the special Act,) or which shall not be well and effectually drained by means of a drain the bottom of which is one foot at least below the level of the floor of such cellar or room. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 115 Cellars in courts not to be occupied as dwellings, after notice given. 115. Every person who lets separately (except as aforesaid) or who knowingly suffers to be occupied for hire, as a dwelling place, any cellar or room within the limits of the special Act, contrary to the provisions of this and the special Act, shall be liable to a penalty not exceeding [#1], and a further penalty not exceeding [25p] for every day during which such cellar or room is so occupied after conviction of the first offence. And with respect to lodging houses: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 116 Regulations as to letting or occupying as dwellings cellars not in courts. 116. It shall not be lawful to keep or use as a public lodging house within the limits of the special Act any house, not being a licensed victualling house, which shall be rated to the relief of the poor on a less sum than ten pounds, nor in any case unless such house shall have been registered as a lodging house in a book to be kept by the commissioners for that purpose; and every house shall be deemed a public lodging house within the meaning of this Act in which persons are harboured or lodged for hire for a single night, or for less than a week at one time, or any part of which is let for any term less than a week. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 117 Penalty for letting cellars as dwelling places contrary to the provisions of this and the special Act. 117. The commissioners shall cause a register to be kept in which shall be entered the names of all such persons as apply to have the houses occupied by them registered as lodging houses, and the situations of such houses; and the commissioners shall from time to time fix the number of lodgers who may be received into each such lodging house, and make rules for promoting cleanliness and ventilation in such lodging house; and they shall order that a ticket containing the number of lodgers allowed to be received into the house, and a table of rules for promoting cleanliness and ventilation, shall be hung up or placed in a conspicuous part of each room into which lodgers are received; and the keepers of all such lodging houses shall at all times observe the said rules, and give access to such lodging houses, when required by any persons appointed by the commissioners, for the purpose of inspection thereof, or for the purpose of performing therein any disinfecting process which the commissioners may order. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 118 Houses not to be used as public lodging houses unless they are of a certain value and are registered. 118. Every person who shall keep any lodging house, and receive lodgers therein, without such lodging house having been duly registered, or who shall receive into the same more lodgers than shall be allowed by the commissioners, or who shall fail to keep such ticket or such table of rules as aforesaid hung up or displayed as required by the commissioners, or who shall neglect to cause such rules to be observed in any such lodging house, or who shall refuse to admit to such lodging house at all reasonable times any person appointed by the commissioners for any of the purposes aforesaid, or who shall wilfully obstruct any such person in performing any disinfecting process therein which the commissioners may order, shall be liable to a penalty not exceeding [#2] for each such offence. And with respect to lighting the town or district: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 119 Register and inspection of lodging houses. 119. The commissioners may contract for the prescribed period, or (where no period shall be prescribed) for any period not exceeding three years at any one time, with the owners of any gasworks, or with any other person, for the supply of such gas or oil or other means of lighting, and may provide such lamps, lamp posts, and other works, as the commissioners think necessary for lighting such streets. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 120 Penalty on lodging house keepers not complying with the provisions of the Act. 120. If the commissioners, and the owners of any gasworks authorized by Act of Parliament to supply gas within the limits of the special Act, and with whom the commissioners may be desirous of contracting, shall not agree as to the price to be paid for such supply, then such price shall be settled by arbitration; and for that purpose the clauses of the Lands Clauses Consolidation Act, 1845, with respect to the settlement of disputes by arbitration, shall be incorporated with this and the special Act. Ss.121123 rep. by 1973 NI 2 art.60(2) sch.4. S.124 rep. by 1947 c.10 s.35(3) sch.5 And with respect to slaughter-houses: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 125 Commissioners may contract for lighting the streets. 125. The commissioners may license such... knackers' yards as they from time to time think proper for slaughtering cattle within the limits of the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 126 Price to be paid for gas, in case of dispute, to be ascertained by arbitration under 1845 c.18. 126. No place shall be used or occupied as a... knacker's yard within the said limits which was not in such use and occupation at the time of the passing of the special Act, and has so continued ever since, unless and until a licence for the erection thereof, or for the use and occupation thereof as a... knacker's yard, have been obtained from the commissioners; and every person who, without having first obtained such licence as aforesaid, uses as a... knacker's yard any place within the said limits not used as such at the passing of the special Act, and so continued to be used ever since, shall for each offence be liable to a penalty not exceeding five pounds, and a like penalty for every day after the conviction for such offence upon which the said offence is continued. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 127 Commissioners may license slaughter-houses, &c. 127. Every place within the limits of the special Act which shall be used as a... knacker's yard shall, within three months after the passing of such Act, be registered by the owner or occupier thereof, at the office of the commissioners, and on application to the commissioners for that purpose the commissioners shall cause every such... knacker's yard to be registered in a book to be kept by them for that purpose; and every person who after the expiration of the said three months, and after one week's notice of this provision from the commissioners, uses or suffers to be used any such place as a... knacker's yard, without its being so registered, shall be liable to a penalty not exceeding five pounds for such offence, and a penalty not exceeding [50p] for every day after the first day during which such place shall be used as a... knacker's yard without having been so registered. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 128 New slaughter-houses not to be erected without a licence. 128. The commissioners shall from time to time, by byelaws, to be made and confirmed in the manner herein-after provided, make regulations for the licensing, registering, and inspection of the said... knackers' yards, and preventing cruelty therein, and for keeping the same in a cleanly and proper state, and for removing filth at least once in every twenty-four hours and requiring them to be provided with a sufficient supply of water, and they may impose pecuniary penalties on persons breaking such byelaws; provided that no such penalty exceed for any one offence the sum of five pounds, and in the case of a continuing nuisance the sum of [50p] for every day during which such nuisance shall be continued after the conviction for the first offence. [The foregoing provisions of this section, [so far as they relate to the prevention of cruelty in knackers' yards], shall have effect in relation to slaughter-houses as they have effect in relation to knackers' yards.][ TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 129 Existing slaughter-houses, &c. to be registered. 129. The justices before whom any person is convicted of killing or dressing any cattle contrary to the provisions of this or any other public general Act for the time being in force, or the special Act, or of the non-observance of any of the byelaws or regulations made by virtue of any such Act, in addition to any penalty imposed on that person under the authority of any such Act, may suspend for a period not exceeding two months the licence granted or issued to him under any such Act, or, where that person is the owner or proprietor of any registered knacker's yard, may forbid for any period not exceeding two months the slaughtering of cattle therein; and such justices, upon the conviction of any person for a second or subsequent like offence, may, in addition to any penalty imposed on him under the authority of any such Act, declare any such licence as aforesaid revoked, or, where that person is the owner or proprietor of any registered knacker's yard, may forbid absolutely the slaughtering of cattle therein; and where any such licence is revoked or the slaughtering of cattle is absolutely forbidden as aforesaid, the authority having power to grant any such licence may refuse to grant any such licence to the person whose licence has been revoked or by reason of whose default the slaughtering of cattle has been absolutely forbidden.] TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 130 Commissioners may make byelaws for regulations of slaughter-houses, &c. 130. Every person who during the period for which any such licence is suspended, or after the same is revoked as aforesaid, slaughters cattle in the... knacker's yard to which such licence relates, or otherwise uses such... knacker's yard, or allows the same to be used as a... knacker's yard, and every person who during the period that the slaughtering of cattle in any such registered... knacker's yard is forbidden as aforesaid, or after such slaughtering has been absolutely forbidden therein, slaughters any cattle in [any such registered knacker's yard] shall be liable to a penalty not exceeding five pounds for such offence, and a further penalty of five pounds for every day on which any such offence is committed after the conviction for the first offence. S.131 rep. by 1958 c.27 (NI) s.73(1) sch.4 Pt.I And with respect to things to be done by the commissioners by special order only: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 132 Justice may suspend or revoke licences of slaughter-houses, &c. or forbid use of registered slaughter-houses, &c. 132. Where by this or the special Act the commissioners are empowered to do anything by special order only, it shall not be lawful for them to do such things unless the resolution to do the same have been agreed to by the commissioners in some meeting whereof special notice has been given, and has been confirmed in a subsequent meeting held not sooner than four weeks after the preceding meeting, and which subsequent meeting has been advertised once at least in each of the weeks intervening between the two meetings in some newspaper circulating within the limits of the special Act, and of which special notice in writing has been given to each of the commissioners. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 133 Penalty for slaughtering cattle during suspension of licence, &c. 133. Provided always, that after any resolution has been confirmed in a subsequent meeting as aforesaid, the commissioners shall not proceed to carry the same into effect until after the expiration of one month from the date of such second meeting, and during such month such resolution shall be advertised once at least in each week in some newspaper circulating within the limits of the special Act, and public notice thereof shall also be given by means of placards, posted in public places within the said limits, and reference shall in such advertisement and notice be made to some place, provided by the commissioners, where the plan or particulars of the work or matter to which such resolution relates may be gratuitously seen by the ratepayers; and if before the expiration of such month a remonstrance in writing against carrying into effect such resolution or any part thereof, signed by a majority of the ratepayers having votes in the election of the commissioners (such majority being computed with reference to the number of votes to which in such election each ratepayer is entitled under the special Act, or any Act incorporated therewith,) be presented to the commissioners, such resolution, or such part threof as such remonstrance applies to, shall not be carried into effect; and where any such remonstrance applies to part only of any such resolution, the commissioners may either carry into effect the remainder of such resolution, or rescind the same, as they think fit. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 134 Final resolution not to be carried into effect for one month. 134. [Subject, as respects the slaughtering of cattle for human consumption, to the provisions of the Slaughter-houses Act (Northern Ireland), 1953,] the commissioners may from time to time, with the concurrence in writing of the inspector, and by special order as herein defined, but not otherwise, purchase, rent, build, or otherwise provide such slaughter-houses and knackers' yards as they think proper for slaughtering cattle within the limits of the special Act. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 135 Provision of slaughter-houses. 135. The commissioners may by a special order, as herein defined, but not otherwise, purchase, rent, or otherwise provide lands, grounds, or other places, either within the limits of the special Act, or at a reasonable distance therefrom, not exceeding three miles from the centre of the principal market place, if any, or from the principal office of the commissioners, and in a situation to be approved of by the inspector, to be used as a pleasure ground or place of public resort or recreation; and the commissioners may from time to time level, drain, plant, and otherwise lay out and improve any such public lands or grounds for the more convenient use and enjoyment thereof. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 136 1953 c.21 136. The commissioners may from time to time by special order as herein defined, but not otherwise, purchase, rent, or otherwise provide, either within the limits of the special Act, or at a reasonable distance therefrom, suitable and convenient land and buildings, in a situation and according to plans to be approved of by the inspector, to be used for public baths and wash-houses, and public open bathing places and public drying grounds, for the use and accommodation of the inhabitants within the limits of the special Act, in washing and drying clothes and other articles, and may fit up the same respectively with all requisite and proper conveniences, and from time to time enlarge, renew, and repair the same respectively, and afford the use thereof respectively to such inhabitants, at such reasonable charges, and under and subject to such regulations, as the commissioners may deem expedient; and every person who offends against any such regulations shall be liable to a penalty not exceeding [#20] for every such offence. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 137 Provision of pleasure grounds and places for public recreation. 137. Provided always, that the number of baths for the use of the working classes in any building provided by the commissioners shall not be less than twice the number of the other baths of any higher class. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 138 Provision of public baths and wash-houses, &c. 138. The commissioners may from time to time make such reasonable charges for the use of such baths, bathing places, wash-houses, and drying grounds, as they think fit, but, as regards the working classes, not exceeding the charges, if any, mentioned in the special Act, unless for the use of any washing tub or trough for more than two hours in any one day, in which case any charge may be made which the commissioners deem reasonable. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 139 Proportion of baths for the working classes. 139. For the recovery of the charges at such wash-houses and drying grounds the officers, servants, and others having the management thereof may, at the period of using the same, or at any subsequent time, detain the clothes or other goods and chattels in or upon any such wash-house or drying ground 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, the commissioners 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. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 140 Charges for the use of baths, &c. 140. A printed copy or sufficient abstract of the byelaws made by the commissioners relating to the use of such baths, bathing places, and wash-houses, so far as regards every such bath, bathing place, or wash-house, shall be put up in such bath room, bathing place, and wash-house. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 141 Recovery of charges for the use of wash-houses, &c. 141. Whenever any of such public baths, bathing places, wash-houses, or drying grounds are deemed by the commissioners to be unnecessary or too expensive to be kept up, the commissioners may, by special order as herein defined, but not otherwise, discontinue the same, and sell the lands, buildings, and materials for the best price that can reasonably be obtained, and convey the same accordingly; and the purchase money shall be paid to the treasurer of the commissioners, and be disposed of as the commissioners direct. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 142 Publication of byelaws in regard to baths, &c. 142. If it appear that any works which the commissioners deem necessary for promoting the health or convenience of the inhabitants of the district within the limit of the special Act cannot lawfully be carried into effect by the commissioners, under the powers vested in them by this or the special Act, by reason either that the monies authorized to be raised by them are insufficient for the purpose, or that any lands are required which the commissioners are not by this or the special Act authorized to take or use, or for any other reason, the commissioners may, by special order as herein defined, but not otherwise, cause application to be made to Parliament for an Act to enable them to execute such works, and may defray the expences of such application out of the rates authorized to be levied by them under this and the special Act. Baths, &c. may be discontinued, and lands, &c. may be sold. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 143 143. And with respect to clocks, the commissioners may from time to time provide such clocks as they consider necessary, and cause them to be fixed upon or against any public building, or, with the consent of the owner and occupier, upon or against any private building the situation of which may be convenient for that purpose, and may cause the dials thereof to be lighted at night, and from time to time alter and remove any such clocks to such other like situation as they shall consider expedient. And with respect to entry by the commissioners or their officers in execution of this or the special Act: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 144 If works cannot be carried out, application may be made to Parliament for additional powers. 144. The commissioners shall, for the purposes of this or the special Act, have power, by themselves or their officers, to enter at all reasonable hours in the daytime into and upon any buildings or lands within the limits of the special Act, as well for the purpose of inspection as for the purpose of executing any work authorized to be executed by them under this or the special Act, or any Act incorporated therewith, without being liable to any legal proceedings on account thereof: Provided always, that, except when herein or in the special Act it is otherwise provided, the commissioners or their officers shall not make any such entry, unless with the consent of the occupier, until after the expiration of twenty-four hours' notice for that purpose given to the occupier. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 145 Commissioners empowered to enter upon lands, &c. for inspection or execution of works. 145. Every person who shall at any time obstruct the commissioners or any person employed by them in the performance of anything which they are respectively empowered or required to do by this or the special Act, or any Act to be incorporated therewith, shall be liable to a penalty not exceeding five pounds. And with respect to ensuring the execution of the works by this or the special Act required to be done by the owners or occupiers of houses or lands: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 146 Notice to be given. 146. Where under this or the special Act any notice is required to be given to the owner or occupier of any building or land, such notice, addressed to the owner or occupier thereof, as the case may require, may be served on the occupier of such building or land, or left with some inmate of his abode, or, if there be no occupier, may be put up on some conspicuous part of such building or land; and it shall not be necessary in any such notice to name the occupier or the owner of such building or land: Provided always, that when the owner of any such building or land, and his residence, are known to the commissioners, it shall be the duty of the commissioners, if such owner be residing within the limits of the special Act, to cause every notice required to be given to the owner to be served on such owner, or left with some inmate of his abode; and if such owner be not resident within the limits of the special Act, they shall send every such notice by the post, addressed to the residence of such owner. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 147 Penalty on persons obstructing commissioners. 147. Whenever, under the provisions of this or the special Act, or any Act incorporated therewith, any work of any kind is required to be executed by the owner or occupier of any house or lands, and default is made in the execution of such work, the commissioners may cause such work to be executed, and the expence incurred by the commissioners in respect thereof shall, except in the case in which such expences are herein-before directed to be defrayed by drainage rates, be repaid to them by the person by whom such work ought to have been executed. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 148 As to service of notice on owners and occupiers of buildings and lands. 148. Whenever default is made by the owner of any buildings or lands in the execution of any work by this or the special Act, or any Act incorporated therewith, required to be executed by him, the occupier of such buildings or lands may, with the approval of the commissioners, cause such work to be executed, and the expence thereof shall be repaid to such occupier by the owner of the buildings or lands, and such occupier may deduct the amount of such expence out of the rent from time to time becoming due from him to such owner. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 149 Commissioners, in default of owner or occupier, may execute works and recover expences. 149. If the owner of any buildings or lands made liable by this or the special Act for the repayment to the commissioners of any expences incurred by them do not, as soon as the same become due and payable from him, repay all such expences to the commissioners, the commissioners may recover the same from such owner in the same manner as damages, or in an action of debt in any of the superior courts, or in any other court having jurisdiction. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 150 Occupier, in default of owner, may execute works, for which owner is liable, and deduct expences from rent. 150. The commissioners may, by way of additional remedy, whether any such action or proceeding has been brought or taken against any such owner or not, require the payment of all or any part of the expences payable by the owner for the time being from the person who then or at any time thereafter occupies any such buildings or lands under such owner; and in default of payment thereof by such occupier, on demand, the same may [, irrespective of the amount thereof, be recovered summarily as a civil debt]; and every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as is so paid by or recovered from him in respect of any such expences. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 151 Power to demand such expences from occupier, and recover as a civil debt. 151. Provided always, that no occupier of any buildings or lands shall be liable to pay more money in respect of any expences charged by this or the special Act on the owner thereof than the amount of rent due from him for the premises in respect of which such expences are payable at the time of the demand made upon him, or which at any time after such demand, and notice not to pay the same to his landlord, have accrued and become payable by him, unless he neglect or refuse, upon application made to him for that purpose by the commissioners, truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall lie upon such occupier: Provided further, that nothing herein contained shall be taken to affect any special contract made between any such owner or occupier respecting the payment of the expences of any such works as aforesaid. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 152 Burden of proof. 152. Where any such expences payable to the commissioners by any owner of any such building or lands amount to more than half the amount of the net annual value of such building or lands, the commissioners may, if they think fit, at the request of any such owner, allow time for the repayment of such expences, and receive the same by such instalments as they, under the circumstances of the case, consider reasonable, but so that the same be repaid by annual instalments of not less than one seventh part of the whole sum originally due, with interest for the principal money from time to time remaining unpaid after the yearly rate of five pounds in the hundred during the period of forbearance; but all such sums remaining due, notwithstanding the commissioners have agreed to allow any time for the repayment thereof as aforesaid, shall from time to time, at the expiration of the several times so allowed for repayment thereof, be recoverable in like manner as such respective amounts would have been recoverable if no such time had been allowed for repayment thereof. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 153 Saving. 153. If the occupier of any buildings or lands within the limits of the special Act prevent the owner thereof from carrying into effect in respect of such buildings or lands any of the provisions of this or the special Act, or of any Act incorporated therewith, after notice of his intention so to do has been given by the owner to such occupier, any justice, upon proof thereof, may make an order in writing requiring such occupier to permit the owner to execute all such works with respect to such buildings or lands as may be necessary for carrying into effect the provisions of this and the special Act, or of any Act incorporated therewith; and if, after the expiration of ten days from the date of such order such occupier continue to refuse to permit such owner to execute such works, such occupier shall for every day during which he so continues to refuse be liable to a penalty not exceeding five pounds; and every such owner during the continuance of such refusal shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 154 Commissioners may allow time for repayment by owners of improvement expences, when amounting to a certain sum. 154. Nothing herein or in the special Act contained shall extend to avoid any agreement in writing entered into before the passing of the special Act for erecting or altering any building, but the same shall be performed with such alterations as may be rendered necessary by this or the special Act, and as if such alterations had been stipulated for in such agreement; and the difference between the cost of the work according to the agreement and the cost of such work as executed according to the provisions of this and the special Act shall be ascertained by the parties to the respective agreements, and paid for, or deducted, as the case may require; and if the said parties do not agree upon the amount of such difference, the same shall, on the request of either party (notice being given to the other), be decided by the surveyor to the commissioners, and for his trouble in making such decision each of the said parties shall pay to the said surveyor such sum not exceeding one pound, and to be disposed of for such purposes of the special Act as the commissioners shall direct. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 155 If occupier prevent owner from executing works, a justice may order him to allow such works to be executed. 155. Nothing herein or in the special Act contained shall affect any lease or agreement for a lease whereby any person may be bound to erect buildings upon any building ground within the limits of the special Act, but the buildings mentioned in such lease or agreement shall be built according to the conditions which may be rendered necessary by this or the special Act, in the same manner as if this and the special Act had been passed and in operation at the time of making such lease or agreement, and the same had been made subject thereto, and that without either party being entitled to any compensation. Ss.156209 rep. by SLR 1894; 1969 c.30 (NI) s.132 sch.6; 1972 c.9 (NI) s.149 sch.9; 1972 NI 16 art.63(3) sch.19 And with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to justices: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 210 Contracts for building entered into before passing of special Act to be completed with alterations rendered necessary by such Act. Difference of cost occasioned by such alterations. 210. The clauses of the Railways Clauses Consolidation Act, 1845, with respect to the recovery of damages not specially provided for, and penalties, and to the determination of any other matter referred to justices, shall be incorporated in this and the special Act; and such clauses shall apply to the town or district within the limits of the special Act, and to the commissioners, and shall be construed as if the word "commissioners" had been inserted therein instead of the word "company." S.211 rep. by SLR 1875. S.212 rep. by SLR 1976. S.213 rep. by 1946 c.13 (NI) s.16(3) sch. And with respect to affording access to the special Act: TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 214 Buildings to be erected under any lease or agreement to be built as required by this or the special Act, without compensation. 214. The commissioners shall at all times after the expiration of six months after the passing of the special Act keep in their principal office of business a copy of the special Act, printed by the printers to Her Majesty, or some of them, and shall also within the space of such six months deposit in the office of the [chief clerk for the county court division] in which the town or district within the limits of the special Act is situated a copy of such special Act, so printed as aforesaid; and the said [chief clerk] shall receive, and he and the commissioners respectively shall retain, the said copies of the special Act, and shall permit all persons interested to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for defaults, as is provided in the case of certain plans and sections by the Parliamentary Documents Deposit Act, 1837. TOWNS IMPROVEMENT CLAUSES ACT 1847 - SECT 215 Copies of special Act. 215. If the commissioners shall fail to keep or deposit, as herein-before mentioned, any of the said copies of the special Act, they shall forfeit twenty pounds for every such offence, and also five pounds for every day afterwards during which such copy is not so kept or deposited. S.216 rep. by SLR 1875 Schedule A rep. by 1972 NI 16 art.63(3) sch. 19. Schedule B rep. by 1969 c.30 (NI) s.132 sch.68 1837 c.83 Penalty on commissioners failing to keep or deposit such copies.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/tica1847319.txt

Statutes of Northern Ireland