provisions of this Act shall, before the same become chargeable, be examined and allowed by some person to be authorized by one of Her Majesty's Principal Secretaries of State or by the Local Government Board, as the case may be (1). 7. The Local Government Board, or one of Her Ma- Power to direct jesty's Principal Secretaries of State, shall have power to local inquiry. direct a local inquiry to be held upon any application under this Act, by any person or persons whom they may respectively nominate for the purpose, and to charge the costs and expenses of such local inquiry upon the governing body or the person by whom such application shall be made (2). 8. Nothing in this Act shall extend or be construed to alter Saving clause. or affect any special provision which is or shall be contained in any other Act for the payment of the costs, charges, and expenses intended to be provided for by this Act, or to take away or diminish any rights or powers now possessed or enjoyed by any governing body, or which are or shall be vested in or exerciseable by the inhabitants of any district under any general or special Act. Towns ImproveAct, 1847, s. 142 repealed. ment Clauses Act not to extend attainable by to bills if object 9. The one hundred and forty-second section of the Towns Improvement Clauses Act, 1847, is hereby repealed so far as the same is inconsistent with the provisions of this Act (3). 10. The provisions of this Act shall not extend to applications for any bill in Parliament for any object which would, for the time being, be attainable by Provisional Order (4). 11. This Act shall not extend or apply to Ireland or the city of London or the metropolitan area as defined by the to the Metropolis. Metropolitan Local Management Act, 1855 (5). [36 & 37 VICT. c. 33.] An Act to facilitate the Proof of Bye-laws and Proceedings of [7th July, 1873.] WHEREAS it is expedient to facilitate the proof of the bye-laws and proceedings of municipal corporations in England and Wales: notice as is referred to. No doubt the object of it is to inform the Local Government Board. (1) No doubt the taxation of costs of bills in Parliament will be regulated by the practice with regard to the taxation of other parliamentary costs, as to which see 'Shelford's Railway Law,' 4th edition, by Glen, vol. i. p. 655. As to the taxation of other costs, it will no doubt also be regulated by the established practice. (2) The person appointed to hold the inquiry need not be an officer of the Local Government Board or of the Secretary of State; the power to appoint is quite general, and the person appointed, it will be seen, is not authorized by the Act to take evidence upon oath. Costs awarded under this section will be paid as directed by s. 2, ante; and it seems that they should be examined by the person (3) By s. 142 of the Towns Improvement (4) As to matters to which a provisional order can be made to apply, see ss. 161, 176, 208, 211 (c), 270, 271, 279-281, 287, 303, 304, 323, and sch. ii. (6), of the Public Health Act, 1875. See also ss. 297, 298, of the same Act. (5) The Act, it will be seen, applies to Scotland, and the 1st section of it interprets who are the "governing bodies" there." Provisional Act not to apply Short title. Proof of bye-laws. Proofs of proceedings of council and its committees. Punishment for forging seal or signatures. Interpretation of "borough." Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all "The Munipurposes as cipal Corporations Evidence Act, 1873." 2. The production of a written or printed copy of any byelaws made by the council of a borough, either under the Municipal Corporations Act of the fifth and sixth years of William the Fourth, chapter seventy-three, or under any present or future general or local Act of Parliament, authenticated by the common seal of the borough, shall be evidence, until the contrary is proved, of the due making and existence of such bye-laws, and, if so stated in such copy, of the same byelaws having been approved and confirmed by the authority whose approval or confirmation is or shall be required to the making or enforcing of such bye-laws in all legal proceedings, without further proof of the making of such bye-laws, or of such approval or confirmation, or of the said common seal. 3. Any minute of proceedings at meetings of the council, or of committees of the council, if signed by any person purporting to be the mayor of the borough or the chairman of a meeting of the council or committee of the council, either at the meeting of the council or committee of the council at which such proceedings took place, or at the next ensuing meeting of the council or committee of the council, shall be receivable in evidence in all legal proceedings, without further proof; and, until the contrary is proved, every meeting of the council or committee of the council in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held, and all the members thereof to have been duly qualified, and, when such proceedings are proceedings of committee, that such committees have been duly and regularly constituted, and had power to deal with the matters referred to in such proceedings. 4. If any person shall forge the seal or signatures of any document in this Act mentioned or referred to, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall upon conviction be liable to imprisonment for any term not exceeding three years nor less than one year with hard labour. 5. The word "borough" in the construction of this Act shall mean city, borough, or town corporate. 555 APPENDIX D. THE ALKALI ACTS. 26 & 27 VICT. c. 124. An Act for the more effectual Condensation of Muriatic Acid Gas in Alkali Works. [28th July, 1863.] WHEREAS it is expedient to provide for the better condensation of the muriatic acid gas evolved in alkali works: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Alkali Act, 1863." 2. This Act shall come into operation on the first day of January, one thousand eight hundred and sixty-four. Preliminary. Short title. of terms. 3. The term "alkali work," as hereinafter used, shall of Act. mean every work for the manufacture of alkali, sulphate of Interpretation soda, or sulphate of potash in which muriatic acid gas is evolved: The term "owner," as hereinafter used, shall mean the lessee or occupier, or any other person carrying on any alkali work : The term "the inspector," shall mean the inspector to be appointed under this Act. (Amended by 37 & 38 Vict. Alkali works. 4. Every alkali work shall be carried on in such manner as to secure the condensation to the satisfaction of the inspector, As to the conderived from his own examination or from that of a sub- duct of alkali works. c. 43, 88. 4, 5, inspector of not less than ninety-five per centum of the muriatic (Amended by acid gas evolved therein: Provided always, that nothing 37 & 38 Vict. herein contained shall entitle the inspector to direct any post, p. 561.) alteration to be made in the process of manufacture or the apparatus used therein. If any alkali work is carried on in contravention of this section, the owner of that work shall, on its being made to appear to the court before which any proceedings for recovery of a penalty may be instituted that ninety-five per centum at least of the muriatic acid gas evolved in such work has not been condensed, be deemed to be guilty of an offence against this Act, and be subject in respect of the first conviction to a penalty not exceeding fifty pounds, and in respect of every offence after a previous conviction to a penalty not exceeding one hundred pounds: Provided always, that no such owner Owner to be in the first instance, unless he prove that the offence was some agent, &c., shall be convicted of more than one such offence in respect of any one day: Provided also, that no such penalty shall be inflicted unless the inspector shall produce before the court having cognizance of the matter a statement in writing of the facts on which he founds his opinion that ninety-five per centum of the muriatic acid gas evolved in the alkali work is not condensed therein, and serve a copy thereof with the process commencing the proceedings. 5. The owner of any alkali work in which any offence liable for offences against this Act has been proved to have been committed, and for which a pecuniary penalty may be imposed, shall in every case be deemed to have committed the offence, and shall be liable to pay the penalty, unless he shall prove to the satisfaction of the court before which any action shall be brought for the recovery of such penalty that he has used due diligence to comply with and to enforce the execution of this Act, and that the offence in question was committed by some agent, servant, or workman, whom he shall charge by name as the actual offender, without his knowledge, consent, or connivance, in which case such agent, servant, or workman shall be liable to and may be sued for the payment of the penalty, and of the costs of all proceedings which may be taken for the recovery thereof, either against himself or against the owner under this Act; provided that it shall be lawful for the inspector to proceed in the first instance against the person whom he shall believe to be the actual offender, without first proceeding against the owner, in any case in which it shall be made to appear to the satisfaction of such inspector that the owner has used all due diligence to comply with and to enforce the execution of this Act, and that the offence has been committed by the person whom he may charge therewith without the knowledge, consent, or connivance of the owner, and in contravention of his orders. As to the registration of alkali works. Inspectors. Appointment of inspectors. 6. No alkali work shall at any time after the expiration of three months after the appointment of the inspector be carried on or prosecuted until such work has been registered by the owner with the inspector. In every register hereby required to be made there shall be inserted the name in full of the owner, and of the parish or township in which the work is situate, and within one month after change of ownership in any such work the register of such work shall be amended by inserting the name of the new owner; and if any alkali work is carried on in contravention of this section, the owner thereof shall, on conviction, be deemed to be guilty of an offence against this Act, and shall be subject to a penalty not exceeding five pounds for every day during which such work shall have been so carried on. 7. For the purpose of carrying into effect the provisions of this Act, the Board of Trade (Local Government Board) (1) may from time to time appoint any fit and proper person (1) See 35 & 36 Vict. c. 79, s. 35, re-enacted, ante, p. 344. to be inspector of alkali works under this Act, and may from time to time remove any inspector so appointed, and appoint another person in his place. The Board of Trade (Local Government Board) (1) may also, on application of the inspector, from time to time appoint and remove such sub-in-pector or sub-inspectors as the said board may deem necessary for the purpose of carrying this Act into effect. Notice of the appointment of such inspector and sub-inspectors shall be published in the London Gazette, and a copy of the Gazette shall be evidence of the appointment made. acting as inspec 8. No person either directly or indirectly acting or prac- What persons tising as a land agent, or directly or indirectly engaged in disqualified from any manufacture, or interested in any patent in or according tor. (Amended by to which the decomposition of salt or the condensation of 37 & 38 Vict. muriatic acid gas may be effected, shall act as an inspector or c. 43, s. 7, post, sub-inspector under this Act. p. 562. powers of inspector. 9. It shall be the duty of every inspector under this Act to Duties and ascertain from time to time that all the alkali works are carried on in conformity with the provisions of this Act, and to enforce the said provisions, and to cause notice to be given to every owner whose work shall be carried on in contravention of this Act of the commission of such offence as soon as conveniently may be after the commission thereof; and with a view to the performance of that duty he or any sub-inspector may at all reasonable times, by day and by night, without giving previous notice, but so as not to interrupt the process of the manufacture, enter upon and inspect any alkali work, and examine into the efficiency of the condensing apparatus, and the quantity of muriatic acid gas condensed, and generally into all matters and works tending to show compliance or non-compliance with the provisions of this Act. And the owner of such works, upon demand of the inspector, shall within a reasonable time furnish him with a plan, to be kept secret by such inspector, of those parts of such works in which the decomposition of salt or other process causing the evolution of muriatic acid gas or the condensation thereof is carried on. It shall be lawful for the inspector or any sub-inspector under his direction, but so as not to interfere with the process of the manufacture, to apply any tests or make any experiments he may think proper for the purpose of ascertaining the efficiency of the condensing apparatus, or the quantity of gas condensed; and the owner or agent of the works shall be deemed to be guilty of an offence against this Act unless he renders to the said inspector or sub-inspector all necessary facilities for their entry, examination, and testing. sub-inspectors. 10. Every inspector and sub-inspector appointed under this Salaries of Act shall be paid such salary as may be determined by the inspectors and Board of Trade (Local Government Board) (1), with the consent of the Commissioners of Her Majesty's Treasury. (1) See 35 & 36 Vict. c. 79, s. 35, re-enacted, ante, p. 344. |