A.D. 1875, the urban authority may themselves undertake to supply gas throughout any part of the district not included within such limits of supply. Where an urban authority may under this Act themselves undertake to supply gas for the whole of any part of their district, a provisional order authorizing a gas undertaking may be obtained by such authority under and subject to the provisions of The Gas and Water Works Facilities Act, 1870, and any Act amending the same: and in the construction of the said Act the term "the undertakers" shall be deemed to include any such urban authority: Provided that for the purposes of this Act the Local Government Board shall throughout the said Act be deemed to be substituted for the Board of Trade. As to these provisions, see the Introduction, ante, p. lviii. The Local Board cannot fix gas lamps to houses in the district without the consent of the owners of such houses. Meek v. Langdon, 37 L. T. 181. Where, under a Local Act, a summary remedy was provided against a person accidentally damaging a lamp set up by any person at his private expense, or which belonged to the company supplying the gas, it was held that the Act applied to a lamp set up by a corporation, although the gas was provided by contract between a company and the corporation. Hereford (Mayor of) v. Moreton, 15 L. T. (N. s.) 187. The Gasworks Clauses Act, 1871, 34 & 35 Vict. c. 41, applies to every gas undertaking authorized by any special Act there-after passed or by any provisional order under the authority of the Gas and Water Works Facilities Act 1870, 33 & 34 Vict. c. 70. The first of these Acts regulates the supply of gas to local authorities, and enacts— That the undertakers shall supply gas to any public lamps within the distance of fifty yards from any of the mains of the undertakers in such quantities as the local authority of each district or the trustees of any turnpike road or any highway board within the limits of the special Act may from time to time require to be supplied, and the price to be charged by the undertakers and to be paid to them for all gas so supplied shall be settled by agreement between the local authorities and the undertak rs, and in case of difference by arbitration, regard being had to the circumstances of the case and the prices charged to private consumers in the district. 34 & 35 Vict. c. 41, s. 24. The performance of the covenants of a contract was held not to be a condition precedent to the right to recover the price of gas supplied. London Gas Light Co. v. Chelsea, 2 L. T. (N. 8.) 217. That the gas supplied to the public lamps within the limits of the special Act shall be consumed by meter, at the option either of the local authority of the district or the undertakers, and in case of its being consumed by meter, the meter shall be provided and fixed by the undertakers, and be paid for by the party requiring it. 34 & 35 Vict. c. 41, s. 25. If the gas is supplied to the public lamps in any district by average meter indication, the undertakers shall, for securing uniformity of consumption between metered and unmetered lamps, from time to time provide the public lamps in such district with proper self-acting pressure regulators and burners to the satisfaction of the local authority of such district; and the average amount of the indications of all the meters attached to the public lamps within such district under the control of the local authority shall, except as herein-after mentioned, be deemed to be the amount consumed by each such lamp in such district. That in case gas is supplied to the public lamps in any district by the undertakers. they or the local authority of such district may, at their own expense, cause to be affixed to each lamp the instrument known as a street lamp governor, and the undertakers or such local authority (as the case requires) shall be entitled to have access thereto for the purpose of examining the same. 34 & 35 Vict. c. 41, s. 26. That any difference which may arise between the undertakers and any local authority in relation to the supply or consumption of gas to or by such local authority shall be from time to time settled by arbitration in manner provided by "The Companies Clauses Consolidation Act, 1845," with respect to the settlement of disputes by arbitration. 34 & 35 Vict. c. 41, s. 27. In connection with the subject of gas, reference may here be made generally to the Acts 22 & 23 Vict. c. 66, and the amending Acts 23 & 24 Vict. c. 146, and 24 & 25 Vict. c. 79, for regulating measures used in the sale of gas. These Acts, however, do not cast upon Local Boards of Health, as such, any duty in regard to the regulation of such measures. A.D. 1875. to urban au 162. For the purpose of supplying gas within their Power for sale district or any part thereof either for public or private of undertaking purposes any urban authority may (with the sanction of of gas company the Local Government Board) buy, and the directors thority. of any gas company in pursuance, in the case of a company registered under the Companies Act, 1862, of a special resolution of the members passed in manner provided by that Act, and in the case of any other company, of a resolution passed by a majority of three-fourths in number and value of the members present, either personally or by proxy at a meeting specially convened with notice of the business to be transacted, may sell and transfer to such authority, on such terms as may be agreed on between such authority and the company, all the rights powers and privileges and all or any of the lands premises works and other property of the company, but subject to all liabilities attached to the same at the time of such purchase. 66 See the Introduction, ante, p. lviii. 163. Where in any place which after the passing of this Watching and Act becomes constituted or included in an urban district, Lighting Act (3 & 4 W. 4, c. or which by virtue of any order of the Local Government 90) to be Board becomes subject to this enactment, the Act passed superseded by in the fourth year of the reign of King William the this Act. L.G., s. 46. Fourth, intituled "An Act to repeal an Act of the "eleventh year of His late Majesty King George the Fourth, for the lighting and watching of parishes in "England and Wales, and to make other provisions in "lieu thereof," has been adopted, the said Act shall be superseded by this Act, and all lamps lamp posts gas pipes fire engines hose and other property vested in the inspectors for the time being under the said Act shall vest in the authority having under this Act jurisdiction in such place. See the Introduction, ante, p. lxxviii. A.D. 1875. Urban autho vity may pro- tion. PUBLIC PLEASURE GROUNDS, &c. 164. Any urban authority may purchase or take on lease lay out plant improve and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or contribute to the support of public walks or pleasure grounds provided by any person whomsoever. Any urban authority may make bye-laws for the regulation of any such public walk or pleasure ground, and may by such bye-laws provide for the removal from such public walk or pleasure ground of any person infringing any such bye-law by any officer of the urban authority or constable. The provisions of this section as to bye-laws are new, see the Introduction, ante, p. lviii. Bequests of land for public parks. 34 Vict. c. 13.-The Public Parks, Schools, and Museums Act, 1871, exempts gifts and bequests of land, or of money to be laid out in land, for a public park from the Mortmain Act, 9 Geo. II. c. 36, and the other statutes of Mortmain. Protection of public pleasure-grounds. With regard to the protection of gardens and ornamental grounds in cities and boroughs, see the Act of the 26 Vict. c. 13, the object of which is to provide for the due care and protection of gardens or ornamental grounds already set apart for the use of the inhabitants and not to interfere with the rights of owners of land not so set apart. The Act only applies where land has been irrevocably set apart for the use of the inhabitants; that is in some way (whether by vesting it in trustees or otherwise) so set apart for their use as to give them a right, legal or equitable, which no one is in a position to revoke or put an end to. Consequently it does not apply to cases where the obligagation (if any) to allow them the use of the land has been created by covenants, or even decrees in equity binding only as between the owners of the land and of adjoining land, and capable of being released or otherwise got rid of as between those parties. Tulk v. Metropolitan Board of Works, 17 L. T. (N. s.) 202; 37 L. J. Q. B 11; L. R. 3 Q. B. 94, affirmed on appeal, 19 L. T. (N. s.) 18; 37 L. J. Q. B. 272; 8 B. & S. 777; L. R. 3 Q. B. 682. Recreation-grounds. 22 Vict. c. 27.-By a later Act, "An Act to facilitate Grants of Land to be made near Populous Places for the Use of regulated Recreation of Adults, and as Playgrounds for Children," which, however, has no special reference to the powers of Local Boards of Health, it is provided that lands may be lawfully conveyed to trustees, to be held by them for the purposes contemplated by the Act, and that municipal corporations, and parish officers, subject to the vestry and the Local Government Board, may grant lands for such purposes, and enables bye-laws in regard to them to be made. The Act also provides for bequests being made for defraying the expenses of purchasing, preparing, maintaining, and preserving such grounds, and ornamenting them. The recreation-grounds, when provided, cannot be diverted to any other purpose than that contemplated by the statutes; therefore, where by an Act of Parliament a corporation were directed to cause a piece of land to be drained and levelled, and kept in proper condition for the purposes of public recreation, the Court of Chancery restrained the corporation by injunction from permitting a cattle fair to be held on such piece of land. Attorney-General v. Southampton Corporation, 29 L. J. Ch. 282. Another Act, 23 & 24 Vict. c. 30, provides that the ratepayers of any parish maintaining its own poor, the population of which, according to the last census, exceeds 500 persons, may purchase or lease lands or accept gifts and grants of lands for the purpose of forming any public walk, exercise or play-ground, and for the levying of rates for maintaining the same, and for the removal of any nuisances or obstructions to the free use and enjoyment thereof, and for improving any open walk or footpath, or placing convenient seats or shelters from rain, and for other purposes of a similar nature. That Act may be adopted in any borough, or for any parish having a population of 500 or upwards, according to the last census, in the same manner as the Baths and Wash-houses Act, 9 & 10 Vict. c. 74, may be adopted. When the Act has been adopted, the following provisions of the 9 & 10 Vict. c. 74, shall take effect for the purposes of the Act. All the provisions concerning the 1. The authority by which and the manner in which the Act is to be carried into execution. 2. The mode of providing the expenses of carrying the Act into execution (excluding the provisions for borrowing money for such expenses). 3. The appointment (in the case of a parish) of commissioners, the tenure of office and procedure, and the audit of their accounts. 4. The powers of the councils and commissioners for the purposes of the Act (except the powers of borrowing money). After the adoption of the Act "it shall be lawful for the ratepayers in meeting assembled to rate such parish to a separate rate, to be called Parish Improvement Rate;' provided that such rate be agreed to by a majority of at least two-thirds in value of the ratepayers assembled at such meeting." 23 & 24 Vict. c. 30, s. 4. Corporate bodies shall be allowed to attend meetings to be held as aforesaid, and to vote thereat by some person to be deputed by them for that purpose under their corporate seal. 23 & 24 Vict. c. 30, s. 5. The rate to be made for the above-mentioned purpose shall not excced sixpence in the pound: but "previous to any such rate being imposed, a sum in amount not less than at least one-half of the estimated cost of such proposed improvement shall have been raised, given, or collected by private subscription or donation." 23 & 24 Vict. c. 30, ss. 6 and 7. Larceny of things attached to public pleasure-grounds. 24 & 25 Vict. c. 96, s. 31. With regard to larceny of things attached to public pleasuregrounds, it is enacted by the 24 & 25 Vict. c. 96, s. 31, that "whosoever shall steal or shall rip, cut, sever, or break with intent to steal, any glass or woodwork; belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any uten-il or fixture, whether made of metal, or other material, or of both respectively, fixed in any land being private property, or for a fence to any dwelling-house, garden, or area, or in any square or street, or in any place dedicated to public use or ornament, or in any burial-ground, shall be guilty of felony, and being convicted thereof, shall be liable to be punished as in the case of simple larceny, and in the case of any such thing fixed in any such square, street, or place as aforesaid, it shall not be necessary to allege the same to be the property of any person." Management of commons.-In this place may properly be noticed this Act (29 & 30 Vict. c. 122) to make Provision for the Improvement, Protection, and Management of Commons near the Metropolis. The term "Commons" means land subject at the passing of the Act to any right of common (§ 3) and any land subject to be inclosed under the provisions of the 8 & 9 Vict. c. 118. 32 & 33 Vict. c. 107, s. 2. For the purposes of the Act the local authority in relation to each such common shall be, in a district beyond the Metropolis as defined by the Metropolis Management Act, 1855, for a Metropolitan common, the whole or any part whereof is situate within the district of a Local Board constituted under the Public Health Act, 1848, and the Local Government Act, 1858, or one of them, and no part whereof is situate within the Metropolis as defined as aforesaid-The Local Board; and their expenses shall be paid out of the general district rate, 29 & 30 Vict. c. 122, s. 2, and Sch. 1. A.D. 1875. A scheme for the establishment of local management with a view to the expenditure of money on the drainage, levelling, and improvement of a Metropolitan common, and to the making of bye-laws and regulations for the prevention of nuisances and the preservation of order thereon, may be made under the Act, on a memorial in that behalf presented to the Inclosure Commissioners by the lord of the manor or by any commoners. or by the local authority, or in case of a common extending into the districts of two or more of the bodies described in the First Schedule to the Act, then by any one or more of such bodies. 29 & 30 Vict. c. 122, s. 6, and Sch. 1. A scheme may be made on a memorial in that behalf presented to the Commissioners by any twelve or more ratepayers, inhabitants of the parish or parishes in which the Metropolitan common is situate, as well as by any such persons as are above described. 32 & 33 Vict. c. 107, s. 3. All expenses incurred by the Commissioners in relation to any memorial, or to any scheme consequent thereon, shall be defrayed by the memorialists, or by any ratepayers or inhabitants of the parish or district in or near to which the common is situate, or of the Metropolis, willing and offering to defray those expenses, or by the local authority if willing and offering to defray the same: and the Commissioners may, if they think fit, on or at any time after the presentation of the memorial, require the memoralists or those ratepayers or inhabitants, or any of them, or the local authority having so offered (as the case may be), to pay to the Commissioners such sum as the Commissioners think requisite for or on account of those expenses, or to give security to the satisfaction of the Commissioners for the payment of those expenses on demand. 29 & 30 Vict. c. 122, s. 24. All expenditure incurred by a local authority under the Act shall be defrayed by them out of the general district rate. 29 & 30 Vict. c. 122, s. 26. 165. Any urban authority may from time to time provide such clocks as they consider necessary, and cause them to be fixed on or against any public building, or, with the consent of the owner or occupier, on 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 may from time to time alter and remove any such clocks to such other like situation as they may consider expedient. Urban autho vide markets. L.G., s. 50. MARKETS AND SLAUGHTER-HOUSES. 166. Where an urban authority are a local board or rity may pro- improvement commissioners they shall have power, with the consent of the owners and ratepayers of their district, expressed by resolution passed in manner provided by schedule III. to this Act, and where the urban authority are a town council they shall have power, with the consent of two-thirds of their number, to do the following things, or any of them, within their district: To provide a market place, and construct a market house and other conveniences, for the purpose of holding markets: To provide houses and places for weighing carts: |