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L Sept, 2, 1882.

L Sept, 2, 1882.

THE PUBLIC GENERAL STATUTES, 1882.

45 & 46 VICTORIÆ.

[STATUTES OF PRACTICAL IMPORTANCE ONLY ARE SET OUT AT LENGTH.]

CAP. I.

CAP. VI.

royal warrant, circular, list, gazette, or document

which falsely purports to have been printed under An Act to apply the sum of Three hundred and An Act to amend the Law in regard to House.

the superintendence or anthority of Her Majesty's thirteen thousand two hundred and seventy holders under the General Police and Improve

Stationery Office, or tenders in evidence any copy pounds out of the Consolidated Fund to the

which falsely purports to have been printed as afore. service of the year ending on the thirty-first

said, knowing that the same was not so printed, he day of March one thousand eight hundred and

CAP. VII.

shall be guilty of felony, and shall, on conviction, bo eighty-two.

[13th March 1882. An Act to provide, during twelve months, for the liable to penal servitude for a term not exceeding Discipline and Regulation of the Army.

seven years, or to be imprisoned for a term not CAP. II.

[28th April 1882. exceeding two years, with or without hard labour. An Act to authorise the use of Reply Post Cards.

4. Application of Act to Ireland.] The Documentary [13th March 1882,

CAP. VIII.

Evidence Act, 1868, as amended by this Act, shall An Act to apply the sum of nine million two apply to proclamations, orders, and regulations issued CAP. III.

hundred and eighty-two thousand four hundred by the Lord Lieutenant or other chief governor or An Act to amend the Law relating to the use of and thirty-five pounds out of the Consolidated governors of Ireland, either alone or acting with the Gunpowder in Slate Mines. [29th March 1882. Fund to the service of the year ending on the

advice of the Privy Council in Ireland, as fully as it Be it enacted, &c. :

thirty-first day of March one thousand eight | applies to proclamations, orders, and regulations

issued by Her Majesty.

hundred and eighty-three. [19th May 1882. 1. Title of Act.] This Act may be cited as the

In the same Act, the term “the Privy Council" Slate Mines (Gunpowder) Act, 1882.

CAP. IX.

shall include the Privy Council in Ireland, or any 2. Power to exempt slate mines from certain regula- | An Act to amend the Documentary Evidence Act,

committee thereof.

In the same Act, and in this Act, the term “the tions relating to the use of explosives.] (1.) It shall |

1868, and other enactments relating to the Government Printer" shall include any printer to be lawful for one of Her Majesty's Principal Secre.

evidence of documents by means of copies Her Majesty in Ireland and any printer printing in taries of State, if he shall think fit, from time to

Ireland under the superintendendo or authority of time, on the application of the owner, agent,

printed by the Government Printers. or manager of any slate mine, to exempt such mine

. [19th June 1882. Her Majesty's Stationery Office. from the general rule contained in sub-section two of Whereas by the Documentary Evidence Act, 1868, section twenty-three of the Metalliferous Mines and enactments applying that Act, divers proclama

CAP. X. Regulation Act, 1872, with respect to the use of tions, orders, regulations, rules, and other documents An Act for making provision for facilitating the gunpowder or other explosive substances, or any may be proved by the production of copies thereof Man@uvres of Troops to be assembled during portion of such rule. purporting to be printed by the Government Printer, the present Summer.

[19th June 1882. 35 & 36 Vict. c. 77.] (2.) The application shall be and the Government Printer is thereby defined to transmitted by the owner, agent, or manager to the mean and include the Printer to Her Majesty :

CAP. XI. inspector of the district, and the requirements of And whereas divers other enactments provide that An Act to amend the Publio Health (Scotland sections twenty-four and twenty-eight of the copies of Acts of Parliament, regulations, warrants, Act 186

Act, 1867. Metalliferous Mines Regulation Act, 1872, as to the circulars, gazettes, and other documents shall be

[19th June 1882) posting of any proposed special rule shall extend to admissible in evidence if purporting to be printed by

CAP. XII. any such application : Provided that the exemption the Government Printer, or the Queen's Printer, or a shall not come into force until granted by the Secre- printer authorised by Her Majesty, or otherwise

An Act to amend the Law relating to the aptary of State. | under the authority of Her Majesty :

plication of moneys arising from the sale of (3.) The Secretary of State may at any time revoke And whereas it is expedient to make further Militia Storehouses.

[19th June 1882. such exemption, but such revocation shall not come provision respecting the printing of the copies into force until written or printed notice thereof has aforesaid :

CAP. XIII. been posted up at the mine for twenty-four hours. (4.) A list of the exemptions granted or revoked | Be it therefore enacted, &c. :

An Act for the Improvement of Arklow Harbour. under this Act shall be set forth by the inspector of For of l 1. Short title.) This Act may be cited as the

[19th June 1882. the district in his annual report. Documentary Evidence Act, 1882.

CAP. XIV.
2. Documents printed under superintendence of
CAP. IV.
Stationery Office receivable in evidence.) Where any

| An Act to confer further powers upon the An Act to apply certain sums out of the Con. enactment, whether passed before or after the passing

Metropolitan Board of Works with respect to solidated Fund to the service of the years

of this Act, provides that a copy of any Act of Streets and Buildings in the Metropolis. ending on the thirty-first day of March one Parliament, proclamation, order, regulation, rule,

[19ch June 1882. thousand eight hundred and eighty-one, one warrant, circular, list, gazette, or document shall be

Whereas it is expedient to provide for the better thousand eight hundred and eighty-two, and conclusive evidence, or be evidence, or have any

management of the metropolis by conferring further one thousand eight hundred and eighty-three. other effect, when purporting to be printed by the

powers upon the Metropolitan Board of Works (in Government Printer, or the Queen's Printer, or a this Act referred to as “the Board”) with respect to [29th March 1882.

printer authorised by Her Majesty, or otherwise the management of existing streets and the formation

under Her Majesty's authority, whatever may be the CAP. V.

of new streets, and the regulation of buildings and precise expression used, such copy shall also be conAn Act to enable Her Majesty to provide for the

structures in the metropolis : clusive evidence, or evidence, or have the said effect Establishment of His Royal Highness the Duke

And whereas for the purposes aforesaid it is expe. (as the case may be) if it purports to be printed dient to amend the Metropolis Management Act, of Albany and Her Serene Highness Princess under the superintendence or authority of Her 1855, the Metropolitan Building Act, 1855, and the Helen Frederica Augusta of Waldeck and Majesty's Stationery Office.

Acts amending the same respectively : Pyrmont, and to settle an Annuity on Her 3. Penalty for forgery.) If any person prints any And whereas the objects aforesaid cannot be effected Serene Highness.

[21st April 1882. copy of any Act, proclamation, order, regulation, | without the authority of Parliament ;

same are

Be it enacted, &c.:

out of such road, passage, or way in manner aforesaid of a building, or erection be fulfilled, and if such

subject to such conditions as they may prescribe, and person fails to fulfil such condition within such period PART I.

thereupon, and until the Board shall otherwise direct, as aforesaid he shall be liable to a penalty not exceed• 1. Short title.] This Act may be cited for all | such road, passage, or way shall not be formed or ing five pounds, and to a further penalty not exceeding

purposes as the Metropolis Management and Building laid out for building as a street in manner aforesaid forty shillings for every day upon which such condition Acts (Amendment) Act, 1882.

where the Board have declined their sanction, or continues to be unfulfilled after the day on which the 2. Limit of Act.] This Act shall extend and apply

shall not be formed or laid out for building as a first penalty is incurred. to the metropolis as defined by the Metropolis

street in manner aforesaid except in accordance with Provided always, that notwithstanding the imposi

the conditions prescribed, where the Board have tion and recovery of any penalty under this section, Management Act, 1855.

given their sanction subject to such conditions. the Board, at any time after default in the fulfilling 3. Division of det into four parts.] This Act shall Any person forming or laying out, or commencing of any such condition, may cause complaint thereof consist of four parts.

to form or lay out, or keeping open any road, passage, to be made before a justice of the peace, who shall

or way so formed or laid out in manner aforesaid thereupon issue a summons requiring the owner or Part II.

contrary to the provisions of this section shall for occupier of such building, part of a building, or erec4. Metropolis Management Acts and Part II. of Act every such offence be liable to a penalty not exceeding | tion, at a time and place to be stated in the summons, to be construed as one Act.] The Metropolis Manage forty shillings, and to a further penalty not exceeding to answer such complaint, and if at the time and place ment Act, 1855, and the Acts amending the same, twenty shillings for every day on which the offonce is appointed in such summons the said complaint is and this part of this Act shall be construed together continued after the day on which the first penalty is proved to the satisfaction of the justice before whom as one Act. incurred.

the same is heard, such justice shall make an order 5. Power to Board to name and number streets in

Provided always, that in case the said person so in writing on such owner or occupier directing the

intending to form or lay out any road, passage, or demolition of such building, part of a building, or default of vestries, &c., in complying with order of

erection, or so much thereof as may be beyond such Board25 & 26 Vict. c. 102.) Whenever the Board

way as aforesaid, considers that any of the conditions

prescribed by the Board are unreasonable, then the general or regular line, within such time as such have transmitted a copy or any order made by them said person so obiecting to the said conditions may justice shall consider reasonable, and shall also make in pursuance of the provisions of the eighty-seventh section of the Metropolis Management Amendment

appeal to the police magistrate for the district in which an order for the costs incurred up to the time of the

the said road, passage, or way is situate, and his deci hearing; and in default of the building, part of a Act, 1862, to any vestry or district board, or to the

building, or erection complained of being demolished sion shall be final upon the question. Commissioners of Sewers of the City of London, and

within the time limited by such order, the Board may such vestry or district board or commissioners have 8. Provisions restricting in certain cases the laying forth with enter the premises to which the order relates for the space of three calendar months after the out of streets for foot traffic only.) Where after the and demolish the building, part of a building, or erecreceipt of such order failed to perform all or any of passing of this Act it is intended by any person to tion complained of, and do whatever may be necessary the necessary acts or to take all or any of the requisite form or lay out any road, passage, or way for building | proceedings for carrying such order into execution, | as a street for foot traffic only, such person shall, at

lay out any road, passage, or way for building to execute such order, and may also remove the

materials of which the same was composed to a conthen and in every such case the Board may perform least three months before such road, passage, or way venient place and (unless the expenses of the Board all or any of such necessary acts or take all or any of is begun to be so formed or laid out, make an applica- be paid to them within fourteen days after such such necessary proceedings which such vestry or dis tion to the Board giving notice of such intention, and removal) sell the same as they think proper; and all trict board or commissioners have failed to perform or setting out a plan of the proposed street, with such expenses incurred by the Board in executing such take, and for such purpose, and generally for giving particulars in relation thereto as may be required by order and in disposing of the said materials may be effect to the provisions of the said section, as amended the Board, and if it appears to the Board that it is deducted by the Board out of the proceeds of such by this section, the Board shall have and may exercise expedient that such road, passage, or way should not sale, and the balance, if any, shall be paid by the all the rights, powers, authorities, and jurisdiction by be formed or laid out for foot traffic only, or that such Board on demand to the person entitled thereto; and the said section conferred upon vestries, district road, passage, or way should be formed or laid out for in case such materials are not sold by the Board, or boards, and the said commissioners respectively, I foot traffic only subiect to any conditions which the l in case the proceeds o including the recovery of expenses from owners of Board may prescribe, the Board may, by order made insufficient to defray the expenses incurred by the houses and buildings, and the said section shall be at any time before the expiration of the said period

Board as aforesaid, the Board may recover such construed accordingly.

of three months, decline to sanction the forming or expenses or such insufficiency from such owner or 6. Preventing obstructions of streets. 7 In case any | laying out of the same for foot traffic only, or may occupier, together with all costs and expenses in person not being lawfully authorised knowingly erects sanction the formation or laying out of such road, respect thereof, in like manner as if the same were & or places, or causes to be erected or placed, any post, passage, or way for foot traffic only subject | penalty imposed by this part of this Act. rail, fence, bar, obstruction, or encroachment what conditions as they may think proper to prescribe, and soever in, upon, over, or under any street, or alters thereupon, and until the Board shall otherwise direct,

10. Power to Board to exercise powers of vestries and or interferes with any street in such a manner as to such road, passage, or way shall not be formed or laid district boards under s. 75 of 25 & 26 Vict. c. 102 with impede or hinder the traffic for which such street out for building as a street for foot traffic only where respect to buildings, &c., erected beyond general line was formed or laid out from passing over the same, the Board have declined their sanction, or shall not of buildings.] The powers conferred by the seventyhe shall (in addition to any other proceeding to which be formed or laid out for building as a street for foot fifth section of the Metropolis Management Amend. he may be liable therefor) be liable to a penalty not traffic. only, excep

traffic only, except in accordance with the conditions ment Act, 1862, upon the vestry of any parish and exceeding ten pounds for every such offence, and to a prescribed, where the Board have given their sanction the board of works of any district with respect to any further penalty not exceeding forty shillings for every subject to such conditions.

building or erection situate in such parish or district day on which such offence is continued after the day Any person forming or laying out, or commencing in case such building or erection has been erected, or on which he shall have received notice in writing to form or lay out, or keeping open any such road, begun to be erected or raised, beyond the general line from the Board to remove such post, rail, fence, bar, passage, or way for foot traffic only contrary to the of buildings in the street, place, or row of houses in obstruction, or encroachment, and to reinstate or provisions of this section shall for every such offence which the same is situate, without the consent in restore such street to its former condition ; and the be liable to a penalty not exceeding forty shillings, writing of the Board, or contrary to the terms and Board may, at the expiration of two days after giving and to a further penalty not exceeding twenty shillings conditions on which such consent may have been such notice as aforesaid, demolish or remove any such for every day on which such offence is continued after granted (including tbe powers for the recovery of post, rail, fence, bar, obstruction, or encroachment, the day on which the first penalty is incurred. expenses), shall extend and apply to and may be and reinstate or restore such street to its former Provided always, that in case the said person so exercised by the Board in like manner as by such condition, and recover the expenses thereof in like intending to form or lay out any road, passage, or vestry or board of works manner as if the same were a penalty imposed by

way as aforesaid considers that any of the conditions

prescribed by the Board are unreasonable, then the this part of this Act.

PART III. 7. Provisions as to new streets.] Where after the

said person so objecting to the said conditions may 11. The Metropolitan Building Act and Part III.

appeal to the police magistrate for the district in of Act to be construed as one Act. The Metropolitan passing of this Act it is intended by any person to

which the said road, passage, or way is situate, and form or lay out any road, passage, or way for building |

Building Act, 1855, and the Acts amending the same, ling his decision shall be final upon the question.

and this part of this Act shall be construed together as a street for the purposes of carriage traffic or of foot traffic only, in such manner that such road, 9. Board may annex and enforce conditions as to

as one Act. passage, or way will not afford direct communication space to be left open where building is erected beyond 12, Board may impose condition requiring remor! between two streets, such person shall, at least three the general or regular line of building.) Where the of iron or other buildings of a temporary character months before such road, passage, or way is begun to Board consent, in writing, under section seventy-five within certain period. Whenever an application is be so formed or laid out, make an application to the of the Metropolis Management Amendment Act, 1862, made to the Board by any person stating his desire Board giving notice of such intention, and setting to the erection by any person of a building or part of to crect in any place any iron or other building of a out a plan of the proposed street, with such particu. a building or erection in any street, place, or row of temporary character to which the rules of the Metrolars in relation thereto as may be required by the houses beyond the general or regular line of buildings politan Building Act, 1855, and the Acts amending Board, and if it appears to the Board that it is expe- in such street, place, or row of houses, the Boa

in such street, place, or row of houses, the Board may the same, are inapplicable, the Board may, in case of dient that such road, passage, or way should not be annex to such consent, if they think fit, any condi-their approval of the plan and particulars of such formed or laid out in manner aforesaid, or that such tions they may think proper as to the amount of land building, limit the period during which such building road, passage, or way should be formed or laid out in in front of such building, part of a building, or erec. shall be allowed to remain in such place, and may manner aforesaid subject to any conditions which the tion which shall be dedicated to or left open for the make such approval subject to such conditions as to Board may prescribe, the Board may, by order made use of the public; and where the Board have annexed the removal of such building or otherwise as they at any time before the expiration of the said period | to such consent to the erection of such building, part may think fit; and if at the expiration of the period of three months, decline to sanction the formation or of a building, or erection any such condition, then limited by the Board during which such building is laying out of such road, passage, or way in manner and in every such case such condition shall within allowed to remain in such place such building is no aforesaid, or may sanction the formation or laying three months after the erection of such building, part removed in accordance with such conditions, the

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Board may, by notice in writing, require the occupier Where such building has a frontage exceeding 20 same were a penalty imposed by this Act, but without or owner of such building to remove such building feet, and not exceeding 30 feet, the extent of prejudice to his right to recover the same from any within a reasonable time, to be specified in such the open space shall be 300 square feet at the lessee or other person liable to the expenses of notice, and in case such occupier or owner fails to least; and

repairs. comply with the requirements of such notice within Where such building has a frontage exceeding 30 such time as aforesaid, he shall be liable to a penalty feet the extent of the open space shall be 450

18. Provisions for better securing payments to not exceeding five pounds for such default, and to a square feet at the least.

Board of cxpenses incurred by Board in respect of further penalty not exceeding forty shillings for every Every such open space shall be free from any erec

dangerous or neglected structures.] Where under the day on which such default continues after the day on tion thereon above the level of the ceiling of the provisions of the Metropolitan Building Act, 1855. which the first penalty is incurred. ground floor storey, and shall extend throughout the

and the Acts amending the same, with respect to Provided always, that notwithstanding the imposi entire width (exclusive of party or external walls) of

dangerous structures, or under the provisions of this tion and recovery of any penalty, the Board may, at such building at the rear thereof.

Act with respect to neglected structures, the Board any time after default in complying with the require. The provisions of this enactment shall be in

have incurred any expenses in respect of any dangerous ments of such notice, if they think proper, cause com. | addition to and shall form part of the rules of the

structure or any neglected structure, and have not plaint thereof to be made before a justice of the peace, Metropolitan Building Act, 1855, and the said Act

been paid or have not recovered the same, the Board who shall thereupon issue a summons requiring such shall be construed accordingly.

may, after giving notice of their intention to do so,

in manner herein-after mentioned, to the owner of occupier or owner to appear, at a time and place to 15. Conversion of houses, &c., into public buildings.] be stated in the summons, to answer such complaint,

such dangerous or neglected structure, apply to a Where it is proposed to convert or alter any building and if at the time and place appointed in such sum

justice of the peace, at the time and place named in mons the said complaint is proved to the satisfaction

such notice, for an order fixing the amount of such into a public building within the meaning of the of the justice before whom the same is heard, such

expenses and the costs of such application, and Metropolitan Building Act, 1855, and the Acts directing that no part of the land upon which euch justice may make an order, in writing, authorising

g | amending the same, such conversion or alteration, the Board to enter upon the land upon which such |

dangerous or neglected structure stands or stood and the public building thereby formed, including shall be built upon, or that no part of such neglected building is situated, and to remove or take down the

the walls, roofs, floors, galleries, and staircases of the same, and do whatever may be necessary for such

structure, if repaired or rebuilt, shall be let for same, shall be carried into effect and constructed occupation until after payment to the Board of the purpose, and also to remove the materials of which

respectively in such a manner as may be approved by the same is composed to a convenient place and

amount of such expenses and costs as fixed by such the district surveyor, or in the event of disagreement order and such instice on proof of such , (unless the expenses of the Board be paid to them

order ; and such justice, on proof of such expenses may be determined by the Board, and the provisions having been incurred by the Board, and after hearing within fourteen days after such removal) sell the same as they think proper ; and all expenses incurred Acts amending the same, with respect or applicable order as aforesaid, and thereupon and until payment

the parties appearing before him, may make such in respect of any such order, and of entering and

to the construction of public buildings shall extend to the Board of the amount fixed by such order no removing or taking down any such building, and in

and apply to such alteration or conversion as though part of such land shall be built upon, and no part of disposing of the said materials may be deducted by

such alteration or conversion were the construction of such neglected structure so repaired or rebuilt shall the Board out of the proceeds of such sale, and the

he a public building. balance (if any) shall be paid by the Board on

be let for occupation. demand to the person entitled thereto ; and in case 16. Amendment of provisions of 18 & 19 Vict. ' Every such order shall be signed in duplicate by such materials are not sold by the Board, or in case c. 122, s. 21, with respect to hot water pipes.] From

such justice, and one of such orders shall be retained the proceeds of the sale of the same are insufficient and after the passing of this Act the restrictions

by the officer of the Court in which such justice to defray the expenses incurred by the Board as afore. | imposed by the twenty-first section of the Metro- made the same and the other of such orders shall be

| kept at the office of the Board. said, the Board may recover such expenses or such politan Building Act, 1855, with respect to the insufficiency from the occupier or owner of such distance at which pipes for conveying hot water or

The Board shall keep at their principal office a building, together with all costs and expenses in steam may be placed from any combustible materials

| register of all such orders as may from time to time respect thereof, in like manner as if the same were a shall not apply in the case of pipes for conveying hot

be made under the authority of this section, and penalty imposed by this part of this Act. water or steam at low pressure.

shall keep the same open for inspection by all

persons at all reasonable times, and any such order 13. Teinporary or movable wooden structures or

17. Dilapidated and neglected buildings.] Where a not entered in such register within ten days after the erections not to be crected without license of Board.] It building or structure is ruinous, or so far dilapidated | making of the same shall cease to be of any force or shall not be lawful for any person to erect or set up as thereby to have become and to be unfit for use or l effect. in any place any wooden structure or erection of a

occupation, or is from neglect or otherwise in a A notice of the intention to make an application movable or temporary character (unless the same be

structural condition prejudicial to the property in or for any such order may be printed or written, or exempt from the operation of the first part of the abitants of the neighbourhood, the Board may | partly printed and partly written. Metropolitan Building Act, 1855,) without a license make complaint thereof to a justice of the peace, who in writing first had and obtained from the Board for shall thereupon issue a summons requiring the owner

19. As to summonses and notices in the cases of and occupier of such building or structure, herein-after the erection or setting up of such structure or erection

dangerous and neglected structures.) Any summcns or

| notice under this Act with respect to a dangerous or in such place, and every such license may contain such | referred to as a “neglected structure,” to appear, at

neglected structure shall be served or given in conditions with respect to such structure or erection a time and place to be stated in the summons, to

accordance with the provisions of section ninetyand the time for which it is to be permitted to con. / answer such complaint, and if at the time and place

eight of the Metropolitan Building Act, 1855 : tinue in such place as the Board may think expedient, appointed in such summons the said complaint is

Provided always, that where the owner of any such and if any person erects or sets up any such structure proved to the satisfaction of the justice before whom

dangerous or neglected structure is not known to or or erection in any place without having had and the same is heard, such justice may, if he sees good

cannot be found by the Board or their officers, any obtained such license to erect or set up the same in cause, order the owner or, on his default, the occupier

such summons or notice shall be deemed to be duly such place, or makes default in observing any of the to take down or repair or rebuild the neglected

served or given if a copy of the same be posted in a conditions contained in such license, or is guilty of structure or any part thereof, or to fence in the

conspicuous place on such dangerous structure or any breach of such conditions, he shall be liable to a ground upon which the same stands, or any part

neglected structure, or on the land whereon it stands penalty not exceeding five pounds, and to a further thereof, or otherwise to put the same or any part penalty not exceeding forty shillings for every day on thereof into a state of repair and good condition, to

or stood, at least two months before the time named which any such structure or erection continues erected the satisfaction of the Board, within a reasonable

in such summons or notice for the hearing of such or set up, without such license being had and obtained, time to be fixed by the order, and may also make an

complaint or for the making of such application, or upon which such default or breach continues after order for the costs incurred up to the time of the 20. Proceedings as to irregular buildings, fc.] the day on which the first penalty is incurred. hearing.

Proceedings with respect to any irregular building or Provided always, that a license shall not be required If the order is not obeyed the Board may, with all

structure shall not be prejudiced or affected by the in the case of any wooden structure or erection of a convenient speed, enter upon the neglected structure removal or falling in of the roof of such building or movable or temporary character erected by a builder or such ground as aforesaid and execute the order.

structure. for use during the construction, alteration, or repair

Where the order directs the taking down of a of any building, unless the same is not taken down or

neglected structure or any part thereof, the Board, 21. Provisions as to settlement of differences between removed immediately after such construction, altera

in executing the order, may remove the materials to building and adjoining owners.) Where in any case tion, or repair.

a convenient place and (unless the expenses of the not specially provided for by the Metropolitan

Board under this section in relation to such structure Building Act, 1855, a difference has arisen between a 14. ts to open spaces to dwellings.] Every new

be paid to them within fourteen days after such building begun to be erected upon a site not pre

building owner and an adj. ining owner in respect of removal) sell the same as they think fit.

any matter arising under the said Act, and both viously occupied in whole or in part by a building,

All expenses incurred by the Board under this parties have concurred in the appointment of one after the passing of this Act, intended to be used wholly or in part as a dwelling-house shall, unless

section in relation to a neglected structure may be surveyor for the settlement of such difference in the Bard otherwise permit, have directly attached

deducted by the Board out of the proceeds of such manner prescribed by section eighty-five of tho

sale, and the balance (if any) shall be paid by the | Metropolitan Building Act, 1855, then and in every thereto and in the rear thereof an open space exclu- Board on demand to the person entitled thereto, and such case, if such surve sively belonging thereto of the following extent:

in case such neglected structure or some part thereof neglects to act, or dies, or becomes incapable to act Where such building has a frontage not exceeding 1 is not taken down, and such materials are not sold by | before he has made his award, the matters in disputo

15 feet the extent of the open space shall be l the Board, or in case the proceeds of the sale of the shall be determined, under the provisions of tho saia 150 square feet at the least;

same are insufficient to defray the expenses incurred section, in the same manner as if such singlo sur. Where such building has a frontage exceeding 15 | by the Board as aforesaid, the Board may recover | veyor had not been appointed.

feet, but not exceeding 20 feet, the extent of such expenses or such insufficiency from the owner of When any such difference as aforesaid has arisen the open space shall be 200 square feet at the such neglected structure, together with all costs and and each party has appointed a surveyor for the least ;

| expenses in respect thereof, in like manner as if the settlement of such difference in manner prescribed by

Che

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the said section, and a third surveyor has been Majesty's royal palaces, and all buildings, works, (c.) In defraying the expense of any legal proselected, then and in every such case, if such third and ground' excepted from the operation of the ceedings for the protection of such common surveyor refuses or for seven days neglects to act, or Metropolitan Building Act, 1855, and the Acts land, or the commoners' rights over the same; before such difference is settled dies or becomes in. amending the same, or of any of the said Acts, (d.) In the purchase of additional land to be used capable to act, the two surveyors shall forthwith, shall be excepted from the operation of the pro

as common land; after such refusal, neglect, death, or incapacity, select visions of this Act which are to be construed with (e.) In the purchase of land to be used as a recrea. another third surveyor in his place, and every third such Acts, and all special exemptions from the pro

tion ground for the neighbourhood; surveyor so to be selected as aforesaid shall have the visions of any of the said Acts shall extend to such and any such resolution shall bind the minority and same powers and authorities as were vested in the of the provisions of this Act as are to be construed all absent parties, and the Commissioners shall make third surveyor at the time of such his refusal, neglect, as aforesaid with such Acts.

an order under their seal for the payment to them of death, or incapacity as aforesaid.

| 25. Act not to apply to the Inner and Middle Temple, any expenses incurred by them in relation to the When any such difference as aforesaid has arisen, Lal Nothing in this Act shall apply to the Inner matter, and subject to such payment) for the appli. and each party has appointed a surveyor for the Temple, the Middle Temple Lincoln's Inn. Gray's cation of the money according to such resolution, and settlement of such difference in manner prescribed by | Inn. Staple Inn. Furnival's Inn. or the close of the

the committee or the persons in whose names such the said section, then, if the two surveyors so collegiate church of Saint Peter, Westminster.

money stands or is invested, or the survivors or appointed refuse or for seven days after request of

survivor in account of such persons, or the legal either party neglect to select a third surveyor or 26. Ss. 6, 7, 8, and 13 not to apply to City of London.]

personal representative of such survivor, shall, upon another third surveyor in the event of the refusal or The provisions of sections six, seven, eight, and

service of any such order of the Commissioners as thirteen of this Act shall not apply to the City of aforesaid upon them or any of them or any person on neglect to act, death, or incapacity of the third surveyor for the time being, one of Her Majesty's London and the liberties thereof.

their behalf as the Commissioners may direct, pay Principal Secretaries of State may, on the applica 27. Expenses of Act.] All the costs, charges, and and apply the said money or realise any security in tion of either party, select some fit person to act as expenses of and incident to the applying for, obtaining. which the same is invested, and pay and apply the third surveyor, and every surveyor so selected as and passing of this Act shall be paid by the Board. proceeds thereof in manner directed by the said order. aforesaid shall have the same powers and authorities

(2.) Any land so purchased as aforesaid for use as as if he had been selected as a third surveyor by the

CAP. XV.

common land shall be conveyed to and vest in two surveyors so appointed by the parties.

trustees upon trust for the persons interested, such When any such difference as aforesaid has arisen, | An Act to provide for the better application of

trustees to be appointed, and such trusts, and the and ench party has appointed a surveyor for the

Moneys paid by way of Compensation for the

powers and duties of the trustees, and provisions for settlement of such difference in manner prescribed by compulsory acquisition of Common Lands and

the appointment of new trustees from time to time the said section, then and in every such case, if extinguishment of Rights of Common.

to be declared and provided by an order under the before such difference is settled any such surveyor so

[19th June 1882. seal of the Commissioners, pursuant to resolutions to appointed as aforesaid by either party dies or be Whereas under the provisions of the Lands Clauses be passed at a special meeting of the persons interested, comes incapable to act, the party by whom such Consolidation Act, 1845, and of railway and other convened by the said Commissioners by such majorities surveyor was appointed may appoint in writing some special Acts of Parliament, money is directed or as aforesaid. other surveyor to act in his place, and if for the authorised to be paid to a committee as compensa (3.) Every appointment of a new trustee or of new space of seven days after notice in writing from the tion for the extinction of commonable rights or for trustees, in pursuince of this Act, shall be subject to other party for that purpose he fail to do so, the lands, being common lands or in the nature thereof, confirmation by the Commissioners under their seal, remaining or other surveyor may proceed ex parte, the right to the soil of which belongs to the com and upon such confirmation the land shall vest in and the decision of such remaining or other surveyor | moners:

the remaining and the newly appointed trustees with. shall be as effectual as if he had been a single sur And by the Lands Clauses Consolidation Act, 1845, out any conveyance. veyor in whose appointment both parties had con- and by the Inclosure Act, 1852, and the Inclosure 1 (4.) The Commissioners shall publish such notice curred, and every surveyor so to be substituted as Act, 1854, certain powers of apportioning and other of any meeting held under this Act, and frame such aforesaid shall have the same powers and authorities wise dealing with such money are conferred upon rules and give such directions for the conduct of such as were vested in the former surveyor at the time of any such committee and upon the Inclosure Commis.

ne of any such committee and upon the Inclosure Commis- meetings and the service of orders made by them such his death or disability as aforesaid.

sioners for England and Wales (hereinafter called the | under this Act as they may deem fit, and may, if When any such difference as aforesaid has arisen, Commissioners), but such powers are found in practice they think fit, direct an assistant commissioner and each party has appointed a surveyor for the to be insufficient, and money paid by way of com appointed by them to preside at any such meeting, settlement of such difference in manner prescribed by pensation as aforesaid is often in consequence useless and any such meeting may be adjourned from time the said section, then and in every such case, if to the persons interested therein:

to time. either of the surveyors refuses or for seven days And whereas it is expedient to give such powers of (5.) Any land so purchased as aforesaid for use as neglects to act, the other surveyor may proceed ex dealing with such compensation money as are herein- recreation ground shall be conveyed to and vested in parte, and the decision of such other surveyor shall after specified, but such powers cannot be conferred the local authority as specified in the schedule to this be as effectual as if he had been a single surveyor in without the sanction of Parliament:

Act for the district within which such land is situate, whose appointment both parties had concurred.

Be it enacted, &c. :

and it shall be held and managed by such local

authority, subject to and in accordance with the proPART IV.

1. Short title.] This Act may be cited as the visions relating to recreation grounds respectively 22. Recovery of penalties18 & 19 Vict. c. 120

Commonable Rights Compensation Act, 1882. contained in the Inclosure Acts, 1845 to 1878. 18 & 19 Vict. c. 122.] Every penalty imposed by

2. Application of compensation money for common 3. Application of compensation money for recreation Part II. of this Act may be recovered by summary lands.] (1.) With respect to any money which has

grounds and field gardens.) Any moneys heretofore proceedings before any justice in like manner and been or hereafter may be paid by any railway or other

paid or hereafter to be paid by any railway or other subject to the like right of appeal as if the same public company or corporate body or otherwise under

public company or body corporate or otherwise under were a penalty recoverable by summary proceedings the provisions of the Lands Clauses Act and any Act

the provisions of the Lands Clauses Act, 1845, and under the Metropolis Management Act, 1855, and incorporated therewith, or of any other Act of Parlia

any Act incorporated therewith, or of any other Act the Acts amending the same; and every penalty ment to a committee of commoners as compensation

of Parliament, to any local authority as specified in imposed by Part III. of this Aet may be recovered

for the extinguishment of commonable or other rights the schedule to this Act, or to the church wardens by summary proceedings before any justice in like or for lands being common lands or in the nature

and overseers of a parish in respect of any recreation manner and subject to the like right of appeal as if thereof the right to the soil of which may belong to

ground or allotment for field gardens taken under the the same were a penalty recoverable by summary the commoners, the committee (or a majority in

powers of any such Act or Acts of Parliament shall proceedings under the Metropolitan Building Act, number thereof) or, after the expiration of twelve

be applied in manner provided by the Inclosure Acts, 1855. and the Acts amending the same: Provided months from the payment of such money to the

1845 to 1878, as amended by the Commons Act, always, that in any proceedings against any person

committee, any three of the persons claiming to be 1879 with respect to the surplus rents arising fro for more than one penalty in respect of one or more interested in such money may make application in

recreation grounds and field gardens respectively. breach or breaches of any provision of this Act, or of writing to the Commissioners to call a meeting of the any byelaw made in pursuance of this Act, it shall | persons interested in such money to consider the 4. Provision for cases where money paid by way of be lawful to include in one summons all such application thereof, and the Commissioners shall call | compensation has already been applied in the manner penalties, and the charge for such summons shall not a meeting accordingly, and at such meeting the authorised by this Act ] In any case where money exceed two shillings.

majority in number and the majority in respect of paid by way of compensation as aforesaid has, before 22. Exceptions from Metropolis Management Acts

interest of the persons present may decide by resolu. | the passing of this Act, been applied in any one

tion that such money shall be applied and laid out or more of the ways authorised by this Act, a extended to this Act-18 & 19 Vict. c. 120.] Her

| in one or more of the following ways: Majesty's royal palaces, and all buildings, works,

resolution may be passed, at any meeting of the

(a.) In the improvement of the remainder of the persons interested, called by the Commissioners and ground excepted from the operation of the Metropolis Management Act, 1855, and the Acts

common land in respect of a portion of which in manner provided by this Act, by such majorities amending the same, or of any of the said Acts, shall

such money has been paid;

as aforesaid approving of such application, and such

In defraying the expense of any proceedings be excepted from the operation of the provisions of

application shall, upon the allowance of such resolu.

under the Metropolitan Commons Acts or tion by the Commissioners under their this Act which are to be construed with such Acts,

seal, be under the Inclosure Acts, 1845 to 1878, with and all special exemptions from the provisions of any

deemed to have been lawfully made under the pro

reference to a scheme for the local manage. of the said Acts shall extend to such of the provisions

visions of this Act; and the committee or other of this Act as are to be construed as aforesaid with

ment, or a Provisional Order for the regula- persons by whom such money has been so applied

tion, of such common land, or of any applica- shall thereupon be discharged from all liability in such Acts.

tion to Parliament for a Private Bill or respect of such money so applied. And the provi. 24. Exceptions from Metropolitan Building Acts otherwise for the preservation and manage. sions in this Act contained with respect to the declaraextended to this Act-18 & 19 Vict. c. 122.] Her ment of such common land as an open space; tion of trusts, and the power and duties of trustees,

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