Protection of open spaces from encroachment. Expenses, how to be defrayed. cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such enclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district, by an addition to the general rate to be assessed on the occupiers of such houses; or if the said owners and occupiers shall not agree as aforesaid to undertake the charge of such garden or ornamental ground, the Metropolitan Board of Works or corporate authority aforesaid shall, within six months after the notice herein before mentioned shall have been put up within the same, or within such further time as the said board or authority may think it expedient to allow for such agreement to be come to, vest the same in such vestries or boards, who shall thenceforth take charge of and maintain the same as an open place or street in such manner as shall appear to them most advantageous to the public, subject to the approval of the Metropolitan Board of Works or corporate authority, as the case may require; saving and always reserving to every person and persons, his and their heirs, executors, administrators, and assigns, all such estate, right, title, and interest as he, she, or they would or ought to have had and enjoyed of, in, to, from, or out of the gardens and grounds aforesaid in case this Act had not passed. II. And whereas it is expedient that the same should be carefully protected from encroachment, where any right 10 require that any garden or ornamental ground as aforesaid be kept and maintained as such, or that the same shall not be built upon, shall belong to any person in right of any house or other property, and he shall, by notice in writing signed by him addressed to the Metropolitan Board of Works where the same is in any place under their jurisdiction, except the city of London, where the same shall be addressed to the corporation of the said city, or to the corporate authorities in any other city or borough, requesting the said Metropolitan Board of Works or corporate authority to protect the right before mentioned, the said Metropolitan Board of Works or corporate authority, after due inquiry, may, if they shall think fit, accede to such request, and then and thereupon the right of such person to require that such garden or ornamental ground to be maintained as such, or that the same shall not be built upon, shall thenceforth be vested in such Metropolitan Board of Works or corporate authority, who shall be fully empowered, for and in their own name, to exercise all the rights, powers, and privileges in relation thereto, and take such legal proceedings for asserting, defending, and protecting the same as the said person might have exercised or taken. III. Any charge incurred by the Metropolitan Board of Works in the execution of this Act shall be deemed to be expenses of the said board, for payment whereof provision is made by the Act for the Better Local Management of the Metropolis; and the expenses incurred by any corporate authority shall be deemed to be expenses necessarily incurred by them in carrying into execution, within and for their city or borough, the Act intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales," and any other Act amending the same. IV. Where any such garden or ground is managed by any Bye-laws for committee of the inhabitants of any square, crescent, circus, garden, &c. management of street, or place, such committee may make, and from time to time revoke and alter, bye-laws for the management of the same, and for the preservation of the trees, shrubs, plants, flowers, rails, fences, seats, summer-houses, and other things therein, which bye-laws shall be entered in a book kept for that purpose by the committee, signed by the chairman of the meeting at which the same shall be passed, and which book shall and may be produced and read, and taken as evidence of such bye-laws, in all Courts whatever; and any inhabitant or servant, or other person admitted to such garden by any inhabitant, offending against the same, after they shall have been duly allowed, as hereinafter provided, upon proof thereof before a magistrate acting for the district in which such garden is situate, shall be liable for each offence to a penalty not exceeding five pounds: provided always that such byelaws shall not come into operation until the same shall have been allowed by some judge of one of the superior courts, or by the justices in quarter sessions; and it shall be incumbent on such judge or justices, on the request of such committee, to inquire into any bye-laws tendered to them for that purpose, and to allow or disallow the same as they think meet. injuring garden. V. Any police constable who shall see any person throwing Penalty for any rubbish into any such garden, or trespassing therein, or getting over the railings or fence, or stealing or damaging the flowers or plants, or committing any nuisance therein, may apprehend such person, under the authority hereby given to him; and any person convicted before any magistrate acting for the district shall be liable for each and every offence aforesaid to a penalty not exceeding forty shillings, or to imprisonment for any period not exceeding fourteen days; and in case it shall be necessary to state in any proceedings the ownership of the property of such garden, flowers, or plants, it shall be sufficient to describe the same as the property of the committee by the name of A. B. and others. 19 Vict. c. 120, rated with this VI. The provisions contained in the two hundred and Certain protwenty-fifth, two hundred and twenty-sixth, two hundred and visions of 18 & twenty-seventh, and two hundred and twenty-eighth sections to be incorpoof the Act passed in the session of Parliament held in the Act, and to eighteenth and nineteenth years of the reign of Her most apply to gracious Majesty the Queen, chapter one hundred and twenty, imposed by this shall be incorporated in this Act, and shall apply to any 11 12 Vict. penalty or forfeiture imposed by this Act, or any bye-law c. 43, also to made in pursuance thereof, in and for every matter or thing penalties, &c., Act. apply. Act not to extend to property of the Crown or to property under the management of the Commissioners of Works, &c. Extent of Act. done or omitted to be done within the metropolitan district; and the Act passed in the twelfth year of the reign of Her Majesty the Queen, chapter forty-three (1), shall apply to every penalty or forfeiture imposed by this Act, or any byelaw made in pursuance thereof, for any matter or thing done or omitted to be done within any other part of England and Wales. VII. Nothing in this Act shall extend to or include any garden, ornamental ground, or other land belonging to Her Majesty in right of her Crown or of her Duchy of Lancaster, or any garden, ornamental ground, or other land for the time being under the management of the Commissioners for the time being of Her Majesty's Works and Public Buildings, or of the Commissioners for the time being acting under the Crown Estate Paving Act, 1851, or to any garden, ornamental, or other ground, for which special provision is made for the due care and protection thereof by any public or private Act of Parliament. VIII. Nothing contained in this Act shall extend to Scotland or Ireland. Short title. Interpretation of terms. 26 & 27 VICT. c. 40. An Act for the Regulation of Bakehouses. WHEREAS it is expedient to limit the hours of labour of young I. This Act may be cited as "The Bakehouse Regulation Act, 1863." II. For the purposes of this Act the words hereinafter mentioned shall be construed as follows; that is to say: "Local authority" shall, as respects any place, mean the persons or bodies of persons defined to be the local authority in that place by the one hundred and thirtyfourth section of the Act passed in the session holden in the eighteenth and nineteenth years of the reign of Her present Majesty, chapter one hundred and twenty (2), or by the Nuisances Removal Act hereinafter mentioned; that is to say, as to England, by the Act passed in the session holden in the eighteenth and nineteenth years of the reign of Her present (1) See Jervis's Acts,' by Glen, 3rd edition. (2) The Metropolis Local Management Act. Majesty, chapter one hundred and twenty-one, as amended by the Act passed in the session holden in the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter seventy-seven as to Scotland, by the Act passed in the session holden in the nineteenth and twentieth years of the reign of Her present Majesty, chapter one hundred and three; and as to Ireland, by the Acts passed, the one in the session holden in the eleventh and twelfth years of the reign of Her present Majesty, chapter one hundred and twenty-three, and the other in the session holden in the twelfth and thirteenth years of the reign of Her present Majesty, chapter one hundred and eleven: "Bakehouse" shall mean any place in which are baked bread, biscuits, or confectionery, from the baking or selling of which a profit is derived (1): 66 Employed" as applied to any person, shall include any "Occupier" shall include any person in possession: III. No person under the age of eighteen years shall be employed in any bakehouse between the hours of nine of the clock at night and five of the clock in the morning (2). If any person is employed in contravention of this section, the occupier of the bakehouse in which he is employed shall incur the following penalties in respect of each person so employed, that is to say: For the first offence, a sum not exceeding two pounds: For a second offence, a sum not exceeding five pounds: For a third and every subsequent offence, a sum not exceeding one pound for each day of the continuance of the employment in contravention of this Act, so that no greater penalty be imposed than ten pounds. IV. The inside walls and ceiling or top of every bakehouse Regulations as situate in any city, town, or place containing according to the to cleanliness of last census a population of more than five thousand persons, and the passages and staircase leading thereto, shall either be painted with oil or be limewashed, or partly painted and partly limewashed: where painted with oil there shall be three coats of paint, and the painting shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every six months where (1) The word "profit " must be taken to mean a money profit, and not profit in the nature of that derived from baking in a house for home consumption-as otherwise the definition of a "bakehouse" is so general in its terms that the Act would apply to "any place" in a private house in which bread, &c. is baked. The word "derived" should also, it is apprehended, be read as if it meant "derivable," for it (2) The time inust be reckoned according bakehouses. As to sleeping places near bakehouses. Power to local authority to enforce provisions of this Act. limewashed, the limewashing shall be renewed once at least in every six months. Every bakehouse wherever situate shall be kept in a cleanly state, and shall be provided with proper means for effectual ventilation, and be free from effluvia arising from any drain, privy, or other nuisance. If the occupier of any bakehouse fails to keep the same in conformity with this section, he shall be deemed to be guilty of an offence against this Act, and to be subject in respect of such offence to a penalty not exceeding five pounds. The court having jurisdiction under this Act may, in addition to or instead of inflicting any penalty in respect of an offence under this section, make an order directing that, within a certain time to be named in such order, certain means are to be adopted by the occupier for the purpose of bringing his bakehouse into conformity with this section; the court may upon application enlarge any time appointed for the adoption of the means directed by the order, but any non-compliance with the order of the court shall, after the expiration of the time as originally limited or enlarged by subsequent order, be deemed to be a continuing offence, and to be punishable by a penalty not exceeding one pound for every day that such non-compliance continues. V. No place on the same level with a bakehouse situate in any city, town, or place containing according to the last census a population of more than five thousand persons, and forming part of the same building, shall be used as a sleeping-place, unless it is constructed as follows; that is to say: Unless it is effectually separated from the bakehouse by a partition extending from the floor to the ceiling: 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 this Act, shall be liable for the first offence to a penalty not exceeding twenty shillings, and for every subsequent offence to a penalty not exceeding five pounds. VI. It shall be the duty of the local authority to enforce within their district the provisions of this 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 this Act; and any person refusing admission to the inspector, or obstructing him in his examination, shall for each offence incur a penalty not exceed ing twenty pounds; and it shall be lawful for any inspector who is refused admission to any bakehouse in pursuance of this section to apply to any justice for a warrant authorizing |