Power to As to ex- Recovery of Jurisdiction of certain magistrates. Ib. s. 9. Unless there be an external glazed window of at least nine superficial feet in area, of which at the least four and a half superficial feet are made to open for ventilation; And any person who lets, occupies, or continues to let, or knowingly suffers to be occupied, any place contrary to the Act, shall be liable for the first offence to a penalty not exceeding 20s., and for every subsequent offence to a penalty not exceeding £5. It shall be the duty of the local authority to enforce within their district the provisions of the Act, and in order to facilitate the enforcement thereof, any officer of health, inspector of nuisances, or other officer appointed by the local authority, hereinbefore referred to as the inspector, may enter into any bakehouse at all times during the hours of baking, and may inspect the same, and examine whether it is or not in conformity with the provisions of the Act. Any person refusing admission to the inspector, or obstructing him in his examination, shall for each offence incur a penalty not exceeding £20; and it shall be lawful for any inspector who is refused admission to any bakehouse to apply to any justice for a warrant authorizing him, accompanied by a police constable, to enter into any such bakehouse for the purpose of examining the same and to enter the same accordingly. All expenses incurred by any local authority in pursuance of the provisions of the Act were to be paid out of any rate leviable by them, and applicable to the payment of the expenses incurred by the local authority under the Nuisances Removal Act, and the authority might levy such rate accordingly.* All penalties under the Act may be recovered summarily before two or more justices; as to England, in manner directed by 11 & 12 Vict. c. 43, or any Act amending the same. Any act, power, or jurisdiction authorized by the Act to be done or exercised by two justices, may be done or exercised by the following magistrates within their respective jurisdictions; that is to say, as to England, by any metropolitan police magistrate or other stipendiary magistrate sitting alone at a police court or other appointed place, or by the lord mayor of the city of London, or any alderman of the said city sitting alone or with others at the Mansion House or Guildhall. *Now, however, see Part VI. of the Public Health Act, 1875, ante, p. 186, as to expenses of Urban Authorities, and p. 220, as to those of Rural Autho rities. THE BATHS AND WASH-HOUSES ACTS. (9 & 10 VICT. c. 74; 10 & 11 Vict. c. 61.) § 1. ADOPTION OF ACTS. Vict. c. 55, s. THE Act to encourage the establishment of public baths Adoption of and wash-houses, with which the amending Act 10 & 11 Act, 38 & 39 Vict. c. 61, is incorporated, may be adopted by any urban 10. authority; see p. 11, ante. The Council of any borough may, if they think fit, de- In boroughs. termine that the Act shall be adopted for such borough, 9 & 10 Vict. and then and in such case such of the provisions of the c. 74, s. 3. Act as are applicable in that behalf shall thenceforth take effect, and come into operation in such borough, and the Act shall be carried into execution in the borough in accordance with such provisions and the laws for the time being in force relating to municipal corporations. into execution The expenses of carrying the Act into execution in any Expenses of borough shall be chargeable upon and paid out of the carrying Act borough fund, and for that purpose the Council may levy in boroughs. with and as part of the borough rate, or by a separate rate Ib. s. 4. to be assessed, levied, paid, and recovered in like manner and with the like powers and remedies in all respects as the borough rate, such sums of money as shall be from time to time necessary for defraying such expenses, and shall apply the same accordingly as if the expense of carrying the Act into execution were an expense necessarily incurred in carrying into effect the provisions of the 5 & 6 Wm. IV. c. 76. The income arising from the baths Income. and wash-houses and open bathing places in any borough Ib. shall be paid to the credit of the borough fund, and the Council shall keep distinct accounts of their receipts, payments, credits, and liabilities, with reference to the execution of the Act, to be called "the public baths and wash-houses account.' § 2. POWERS, RIGHTS, &C., OF LOCAL AUTHORITY. The following are the powers, duties, rights, and obli Meetings of the Commissioners. gations of Commissioners appointed under the Acts; but some of them seem scarcely applicable to Local Boards. The Commissioners shall meet at least once in every calendar month at their office, or some other convenient 9 & 10 Vict. place previously publicly notified. c. 74, s. 9. Special meetings of Commissioners. Ib. s. 10. Quorum at meetings of Commissioners. Ib. s. 11. Commis sioners may appoint and remove officers, &c. Ib. s. 12. Ib. s. 2. Minutes of proceedings of Commissioners. Ib. s. 13. Commissioners to keep accounts, The Commissioners may meet at such other time as at any previous meeting shall be determined upon, and it shall be at all times competent for any one commissioner by writing under his hand, to summon, with at least fortyeight hours' notice, the Commissioners for any special purpose therein named, and to meet at such times as shall be therein named. At all meetings of the Commissioners any number not less than one-third of the whole number when more than three Commissioners shall have been appointed, and when only three Commissioners shall have been appointed then any number not less than two Commissioners, shall be a sufficient number for transacting business, and for exercising all the powers of the Commissioners. The Commissioners shall appoint, and may remove at pleasure, a clerk and such other officers and servants as shall be necessary for effecting the purposes of the Act, and, with the approval of the vestry, may appoint reasonable salaries, wages, and allowances for such clerk, officers, and servants, and, when necessary, may hire and rent a sufficient office for holding their meetings and transacting their business, and may agree for and pay a reasonable rent for such office. The "clerk" so appointed shall mean, as regards an incorporated borough, the town clerk of such borough. All orders and proceedings of the Commissioners shall be entered in books to be kept by them for that purpose, and shall be signed by the Commissioners, or any two of them; and all such orders and proceedings so entered, and purporting to be so signed, shall be deemed to be original orders and proceedings; and such books may be produced and read as evidence of all such orders and proceedings upon any appeal, trial, information, or other proceeding, civil or criminal, and in any Court of law or equity whatsoever. The Commissioners shall provide and keep books in which shall be entered true and regular accounts of all which shall be sums of money received and paid for or on account of the purposes of the Act in the parish, and of all liabilities incurred by them for such purposes, and of the several purposes for which such sums of money shall have been paid and such liabilities shall have been incurred; and open to in spection. Ib. s. 14. allow in such books shall at all reasonable times be open to the examination of every commissioner, churchwarden, overseer, and ratepayer, without fee or reward, and they respectively may take copies of or extracts from such books, or any part thereof, without paying for the same; and in Penalty for case the Commissioners, or any of them, or any of their refusing to officers or servants, having the custody of the said books, being thereunto reasonably requested, shall refuse to 9 & 10 Vict. permit or shall not permit any churchwarden, overseer, or c. 74, s. 14. ratepayer to examine the same, or take any such copy or extract, every commissioner, officer, or servant so offending shall for every such offence forfeit any sum not exceeding £5. Ib. s. 15. The vestry shall yearly appoint two persons, not being Audit of commissioners, to be auditors of the accounts of the Com- accounts. missioners, and at such time in the month of March in every year after the adoption of this Act for the parish as the vestry shall appoint the Commissioners shall produce to the auditors their accounts, with sufficient vouchers for all moneys received and paid, and the auditors shall examine such accounts and vouchers, and report thereon to the vestry. etc., to be All acts and proceedings of any person in possession of Acts of Comthe office of commissioner, and acting in good faith as missioners of such commissioner, shall, notwithstanding his disqualifi- public baths, cation or want of qualification for or any defect or irregu- valid, notlarity in or in any way concerning his appointment to withstanding such office, be as valid and effectual as if he were duly 10 & 11 Vict. qualified or there had not been any such defect or irregu- c. 61, s. 3. larity. informalities. missioners, or c. 74, s. 39. If any clerk or other officer, or any servant who shall Penalty for be in anywise employed by any Council or Commissioners Council, Comin pursuance of the Act, shall exact or accept any fee or officers, taking reward whatsoever for or on account of anything done or fees beyond forborne or to be done or forborne in pursuance of the salaries, or being interAct, or on any account whatsoever relative to putting the ested in Act into execution, other than such salaries, wages, or contracts. allowances, as shall have been appointed by the Council 9 & 10 Vict. or Commissioners, or shall in anywise be concerned or interested in any bargain or contract made by the Council or Commissioners for or on account of anything done or forborne or to be done or forborne in pursuance of the Act, or on any account whatsoever relative to the putting of the Act into execution, or if any person during the time he holds the office of member of the Council or Commissioner shall exact or accept any such fee or reward, or shall accept or hold any office or place of trust Application of penalties. 9 & 10 Vict. c. 74, s. 40. Appeal laws, orders, etc. Ib. s. 30. created by virtue of the Act, or be concerned directly or indirectly in any such bargain or contract, every such person so offending shall be incapable of ever serving or being employed under the Act, and shall for every such offence also forfeit the sum of £50. Such part of any penalty recovered under the Act as shall not be awarded to the informer shall be paid to the credit as regards a borough of the borough fund, and as regards a parish of the rate for the relief of the poor. Every person who shall feel aggrieved by any bye-law, against bye- order, direction, or appointment of or by the Council or Commissioners shall have the like power of appeal to the General Quarter Sessions as under the provisions of the Companies Clauses Consolidation Act, 1845, incorporated with the Act, he might have if feeling aggrieved by any determination of any justice with respect to any penalty. "Justice" shall mean justice of the peace for the county, riding, division, liberty, borough, or place, where the matter requiring the cognizance of justices shall arise. Ib. s. 2. Power to raise money for purposes of Act. Ib. s. 21. § 3. PROVISION OF PUBLIC BATHS AND WASH-HOUSES. For carrying the Act into execution in any borough, the Council with the approval of the Local Government Board, and the Commissioners, with the sanction of the vestry, and also with the approval of the Local Govern38 & 39 Vict. ment Board, may from time to time borrow at interest, on the security of a mortgage, as the case may be, of the borough fund or of the poor rates of the parish, the money which may be by them respectively required, and shall apply the moneys so borrowed accordingly. c. 55, sch. 5, part iii. The Public Works Loan The Public Works Loan Commissioners may from time to time make to the council of any borough, or commissioners of any parish respectively, for the purposes of the Act, any loan on security of the borough fund, or the rates for the relief of the poor of the parish, as the case may be; see the Public Works Loans Act, 1875, in 9 & 10 Vict. App. B., post. sioners may advance money for the purposes of this Act. c. 74, s. 22. 38 & 39 Vict. Ib. s. 24. In any borough the Council, with the approval of the Commissioners of Her Majesty's Treasury, may from time to time appropriate for the purposes of the Act in the borough any lands vested in the mayor, aldermen, and burgesses; and in any such parish the Commissioners appointed under this Act, with the approval of the vestry and of the guardians of the poor of the parish (if any), and of the Local Government Board (34 & 35 Vict. c. 70), may from time to time appropriate for the purposes of the |