Modification

of scheme.

Expenses.

Borrowing powers.

sewers, &c., or other easements, may be extinguished, and the soil in the ways, and property in the sewers, &c., transferred to the local authority, on payment of compensation, in the manner above mentioned (sect. 20).

All dwellings erected by the local authority out of funds. provided under the Act are to be sold within ten years from their completion (sect. 9); but if, after five years from the removal of buildings which are to be replaced by working men's dwellings, the local authority have failed to make any arrangements for carrying out the scheme, the confirming authority may order the land to be sold by public auction, subject to the conditions of the scheme (sect. 10).

Although the confirming Act has been passed, the local authority may modify the scheme with the consent of the confirming authority; though if they wish to be able to increase their expenditure in the matter, or to purchase compulsorily, or injuriously affect any property not included in the original scheme, they must obtain another provisional order, to be confirmed by Parliament as in the first instance (sect. 12).

A separate account of receipts and expenditure under the act is to be kept by the local authority (sect. 21), but it will be audited with their other accounts (sect. 23). A "Dwelling-house Improvement Fund is to be in the first instance established out of the local rates-i.e., the sewer and consolidated rates of the Commissioners of Sewers, an additional consolidated rate of the Metropolitan Board of Works, or rates levied throughout their district for sanitary purposes by urban sanitary authorities, as the case may be (sect. 21): it will afterwards be kept up by the money arising from the sale of the property purchased by the authority, and by any other money which may be legally applicable to purposes similar to those of this Act. Whether any particular money is so applicable will, in case of doubt, be decided by the confirming authority (ibid.). All the expenditure, as far as practicable, is to be ultimately defrayed out of the property dealt with; and if there is any balance of profit, it will go in reduction of the local rates above described (ibid.).

Each kind of local authority may obtain money for the execution of the Act in three ways. The property purchased for the purposes of the scheme may be mortgaged by the local authority to raise money to carry it out, the interest on the mortgage debt coming out of the local rates (sect. 22). The Commissioners of Sewers may borrow money by mortgaging their local rates in the manner pre

scribed by the Commissioners' Clauses Act, 1847, sects. 75-88 (ibid.). The Metropolitan Board of Works may create consolidated stock under the Metropolitan Board of Works (Loans) Act, 1869, in which case the sums required for paying dividends on and redeeming such stock are to be repaid to the consolidated rate out of the local rate (ibid.). And urban sanitary authorities may mortgage their local rates in the same manner as under the Public Health Act, 1872 (now the Public Health Act, 1875), or the Public Health (Ireland) Act, 1874 (ibid). Or again, money may be borrowed by any local authority from the Public Works Loan Commissioners, or, in Ireland, from the Commissioners of Public Works, with consent of the Treasury, on the recommendation of the confirming authority, for a period of not more than fifty years, at 31 per cent. (ibid.). Lastly, by the Local Loans Act, 1875, which will be found in Appendix B, post, local authorities are enabled to borrow money by issuing debentures, or debenture stock or annuity certificates, or partly in one way and partly in another.

The Artizans' and Labourers' Dwellings Improvement Act, 1875, of which the foregoing is a summary, is published in a separate volume by Mr. Alexander Glen, one of the Editors of this work.

449

APPENDIX (A).

INCORPORATED CONSOLIDATION CLAUSES ACTS.

10 VICT. c. 14.

An Act for Consolidating in one Act certain Provisions usually contained in Acts for Constructing or Regulating Markets or Fairs (1).

[23rd April, 1847.]

Holding of Markets, &e

With respect to the holding of the market or fair, and the protection thereof, be it enacted as follows::

market or fair

given by

XII. Before the market or fair shall be opened for public Before the use, the undertakers shall give not less than ten days' notice shall be opened, of the time when the same will be opened, and such notice notice to be shall be given by the publication thereof in some news- undertakers. paper circulating within the limits of the special Act, and by printed handbills posted on some conspicuous place within those limits.

prohibited

not exceeding

XIII. After the market-place is opened for public use, Sales elsewhere every person other than a licensed hawker who shall sell than in markets or expose for sale in any place within the prescribed limits, under a penalty except in his own dwelling-place or shop, any articles in respect of which tolls are by the special Act authorized to be taken in the market, shall for every such offence be liable to a penalty not exceeding forty shillings.

40s.

XIV. After the market-place or place for fairs is open for Market days. public use, the undertakers shall hold markets and fairs therein on the prescribed days (if any), and on such other days as the undertakers shall appoint from time to time by any byelaw to be made in pursuance of this or the special Act.

exposing for

XV. Every person who shall sell or expose for sale any Penalty for unwholesome meat or provisions in the market or fair shall selling or be liable to a penalty not exceeding five pounds for every sale unwholesuch offence:

And any inspector of provisions appointed by the undertakers may seize such unwholesome meat or provisions and

(1) See ante, s. 167, p. 143.

some meat, &c.

Penalty on obstructing inspector.

Penalty for obstructing market or fair keeper.

Undertakers to

provide proper

weights and

measures for

weighing com

modities sold at

markets and fairs.

Articles to be weighed if requested by the buyer.

Penalty for refusal.

Penalty on persons appointed refusing to weigh.

Undertakers to keep proper machines for weighing carts laden with goods.

Carts to be

weighed at one of the machines erected by the undertakers.

carry the same before a justice, and thereupon such proceedings shall be had as are hereinafter directed to be had in the case of any cattle or carcass seized in any slaughterhouse and carried before a justice:

And every person who shall obstruct or hinder the inspector of provisions from seizing or carrying away such unwholesome meat or provisions shall be liable to a penalty not exceeding five pounds for every such offence.

XVI. Every person who shall assault or obstruct any person appointed by the undertakers to superintend the market or fair, or to keep order therein, whilst in the execution of his duty, shall for every such offence be liable to a penalty not exceeding forty shillings.

Weighing of Goods and Carts.

And with respect to weighing goods and carts, be it enacted as follows:

XXI. The undertakers shall provide sufficient and proper weighing-houses or places for weighing or measuring the commodities sold in the market or fair, and shall keep therein proper weights, scales, and measures, according to the standard weights and measures for the time being for weighing such commodities as aforesaid, and shall appoint proper persons to attend to the weighing or measuring such commodities at all times during which the market or fair is holden.

XXII. Every person selling or offering for sale any articles in the market or fair shall, if required so to do by the buyer, cause the same to be weighed or measured by the weights and scales or measures provided by the undertakers:

And any persons who shall refuse, on demand, to cause such articles to be weighed or measured in manner aforesaid shall be liable to a penalty not exceeding forty shillings.

XXIII. Every person appointed by the undertakers to weigh or measure any articles sold in the market or fair who shall refuse or neglect to weigh or measure the same when required shall be liable to a penalty not exceeding forty shillings.

XXIV. The undertakers shall provide sufficient and proper buildings or places for weighing carts in which goods are brought for sale within the market or fair or the prescribed limits, and shall keep therein machines and weights proper for that purpose, and shall from time to time appoint a person in every such building or place to afford the use of such machines to the public by weighing such carts, with or without their loading, as may be required.

XXV. The driver of every such cart shall, at the request of the buyer or seller of such goods, or his agent, take such cart, with or without the loading thereof, to the nearest of the said weighing-machines, and shall permit the same to be weighed :