PART III.

officers.

Sect. 2.

necessary expenses incurred by them in the execution of the duty of their respective offices, and to reward them for meritorious services, and also to Appointment of make provision for any superintendent, constable, or other servant of the establishment employed for any of the purposes of this Act who may at any time be disabled in or after long service be unfitted for the execution of his duty.

dismissed to

122. EVERY Constable appointed under this Act who is dismissed from or Constables ceases to hold or exercise his office shall forthwith deliver over to the super- deliver up intendent of police, or to such person and at such time and place as the accoutrements. commissioners direct, all the clothing, accoutrements, appointments, and other necessaries which have been supplied to him for the execution of his duty, under pain of imprisonment, with or without hard labour, for any time not exceeding one month; and the magistrate may grant warrant to search for and seize, for the use of the commissioners, all the clothing, accoutrements, appointments, and other necessaries not so delivered over, wherever the same are found.

123. EVERY person who, not being at the time a constable appointed under this Act, has in his possession any article being part of the clothing, accoutrements, or appointments supplied to any such constable, and who is not able satisfactorily to account for his possession thereof, or who puts on the dress, or takes the name, designation, or character of any person appointed as such constable, for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any act which such person would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, shall, in addition to any other punishment to which he is liable for such offence, be liable to a penalty not exceeding ten pounds.

Penalty for unlawful possession of accoutrements, or for assuming the dress of constables.

124. EVERY constable who is guilty of any neglect or violation of his duty Penalty for as a constable, and is convicted thereof before a magistrate, shall be liable to neglect of duty. a penalty not exceeding ten pounds, the amount of which penalty may be deducted from the salary or wages due to him or to become due to him; or, in the discretion of the magistrate before whom he is convicted, he may be imprisoned for any time not exceeding one month, with or without hard labour.

125. THE commissioners may from time to time purchase or rent any buildings or land, and convert such buildings into, or build on such land, offices, watch-houses, lock-up houses and other places necessary for the purposes of this Act, with all proper conveniences thereto, and may repair the same from time to time, and furnish and fit up the same, and employ proper persons to take care thereof.

Power to provide offices, &c.

watchhouses,

PART IV.

ORDINARY POLICE PURPOSES.

SECTION I-Lighting of Burghs.

126. IT shall be lawful for the commissioners to make provision for lighting Provision for in a suitable manner the whole streets, lanes, squares, public passages, lighting the thoroughfares, and places within the burgh, and to provide, erect, and

streets.

PART IV. Police purposes.

Sect. 1.

Penalty for wilfully breaking lamps.

Persons accidentally breaking lamps to make satis faction for the

damage.

Price to be

paid for gas to

be ascertained by arbitration

in case of dispute.

maintain such a number of lamps, lamp posts, and lamp irons, and other appurtenances, as may be necessary for that purpose, and to light, or to enter into contracts for lighting, and cause to be lighted, such lamps by means of oil or gas, or such other light of an improved kind as they may find expedient; and the commissioners are hereby authorized to order the lamp irons and lamps to be fixed either upon the sides of the causeways, streets, and roads, or upon the curbstones of the pavements or footways, or at or upon the rails or in or upon the walls of buildings on the sides of the streets, as they shall think proper, without being liable to any claim for compensation thereanent. 127. IF any person shall take away, or wilfully break, throw down, or damage, any lamp or lamp post, or wilfully extinguish the light or damage the iron or appurtenances of any lamp, it shall be lawful for any person who shall see any such offence committed to seize and apprehend, and for any person to assist in seizing, the offender, and by the authority of this Act, without any other warrant, to convey such offender to the police office, or to deliver him into the custody of a police officer, watchman, or constable or other officer, in order to be secured and taken before a magistrate; and if the person accused of such offence, whether apprehended as aforesaid or afterwards cited for the same, shall be convicted thereof, either by his own confession or on the evidence of one credible witness or other legal evidence, such person so convicted shall forfeit a sum not exceeding ten pounds for every such offence, and moreover shall make satisfaction for the damages so done by him; and in case such offender shall not immediately on conviction pay such penalty and make such satisfaction as aforesaid, such magistrate is hereby empowered, in the summary manner authorized by this Act, to commit such offender to prison for a space not exceeding sixty days.

128. IF any person shall, through negligence or accident, break any lamp set up in any street, public or private, or in any common stair or passage, or private court, and shall not, upon demand, make satisfaction for such damage, it shall be lawful for any of the magistrates, upon complaint thereof being established in the police court, under the summary procedure authorized by this Act, to award such sum of money as the damage proved shall amount to; and if the sum so awarded shall not be forthwith paid upon conviction, it shall be lawful to enforce payment thereof in the same manner as penalties are directed to be recovered under this Act.

cr

129. IF the commissioners and the owners of any gasworks authorized by Act of Parliament to supply gas within the burgh, and with whom the commissioners shall be desirous of contracting, shall not agree as to the terms and conditions of the supply, and as to the price to be paid for such supply, then such terms and conditions and price shall be settled by arbitration; and for that purpose the clauses of "The Lands Clauses Consolidation (Scotland) Act, 1845," with respect to the settlement of disputes by arbitration, shall be and are hereby incorporated with this Act, and the expression "undertakers" in the said Act shall, in reference to this Act, mean the commissioners: Provided always, that this enactment shall not apply to any burgh where the supply of gas for public lamps is regulated by a local Act. 130. THE owner or owners of common stairs or passages or private courts, &c. to provide or of lands or premises having a right of access by any common stair or lamps. passage or private court, shall, when required by the commissioners, within

Owners of

common stairs,

"the

seven days next after service of an order for that purpose, make provisions for lighting such common stair or passage or court in a suitable manner, and for that purpose provide and erect all necessary lamps, and alter, repair, and renew such lamps to the satisfaction of the commissioners; and in default of compliance with any such order such owner or owners shall be liable to a penalty not exceeding forty shillings for every day that he or they shall so make default.

PART IV.
Police

purposes.

Sect. 1.

131. Ir the lamp or lamps which may be erected in any such common Penalty for not keeping stair or passage or private court is or are not regularly cleaned and lighted, common stairs, during such hours as are from time to time fixed by the commissioners, by the &c. lighted. occupier of any building or part of a building to which access is obtained by such common stair or passage or private court, every such occupier failing to do so, whether under obligation by contract, or in virtue of this provision, shall be liable to a penalty not exceeding ten shillings for each offence.

PART IV.

SECTION II.-Cleansing Streets.

commissioners.

132. THE dust, dung, ashes, rubbish, and filth (excepting always stable and Dust, &c. to be byre dung) within the burgh shall be and the same are hereby vested in the vested in the commissioners, who shall have power to sell and dispose of the same as they think proper, and the money arising therefrom shall be applied to the police purposes of this Act; and the commissioners shall cause all the streets, public Streets to be or private, together with the foot pavements, from time to time to be properly swept, &c. swept and cleansed, and all the dust, dung, ashes, rubbish, and filth to be collected from such streets, privies, sewers, cesspools, houses, or premises, and to be removed at such convenient hours and times as they shall consider proper.

&c.

133. THE Commissioners may from time to time provide places convenient Commissioners may provide for the deposit of the night soil, dung, ashes, and other filth and rubbish to places for be collected under the authority of this Act, and for stabling and keeping all deposit of soil, horses, carts, implements, and other things required for the purposes of this Act; and for any of such purposes the commissioners may purchase or hire any lands or premises by them considered necessary, or they may cause any new buildings to be made upon any lands which shall be purchased or hired by them under the provisions of this Act: Provided always, that it shall be lawful for any landowner or householder whose property may be affected or who thinks himself thereby aggrieved to appeal to the sheriff in manner after provided.

commissioners,

134. THE Commissioners, if they think fit so to do, may cause any number Dust boxes to of moveable or fixed dust boxes or other conveniences, wherein dust and be erected by ashes may be deposited until removed and carried away, to be provided and &c. placed in such of the public and private streets as they shall judge necessary, and may require the occupiers of premises within such streets to cause all their dust and ashes to be deposited daily in the said dust boxes or other conveniences; and every person who, being so required, shall fail to deposit or cause to be deposited any ashes or dust in some of such dust boxes or other conveniences, shall for every offence be liable to a penalty not exceeding ten shillings.

VOL. XIV.

X

Commissioners may cause

public con

erected.

135. THE commissioners may erect such public waterclosets, privies, and urinals within the burgh, and in such situations, as they think fit, and may veniences to be defray the expense thereof and of keeping the same in good order, and may make compensation for any injury occasioned to any person by the erection thereof, out of the police assessinent, but so that such erection shall not become a nuisance; and any householder who thinks himself aggrieved thereby may appeal to the sheriff in manner after provided.

Commissioners to cause streets

to be watered, and provide pipes, pumps,

&c.

Commissioners to appoint scavengers.

Penalty for obstructing scavengers.

Penalty on persons other than scaven

136. THE Commissioners shall, as often as occasion requires, cause the public and private streets to be watered; and they may contract with any water company or person for a supply of water for that purpose, and for cleansing the sewers and drains; and, if necessary, they may place pipes, conduits, and pumps in any such streets, or provide any other works and engines proper for that purpose, and remove and alter the same when and as they think proper.

137. THE commissioners shall appoint and employ a sufficient number of scavengers, or contract with any person to employ scavengers, for sweeping, cleansing, and watering such streets, and for removing all dust, ashes, rubbish, and filth therefrom, and for emptying privies and cesspools in the manner by this Act directed; and such scavengers shall, on such days and at such hours and in such manner as the commissioners shall from time to time appoint, sufficiently execute all such works and duties as they have respectively contracted or been employed to perform; and every such contractor who fails to sweep and properly cleanse or water any such streets which he has contracted to sweep, cleanse, or water, or who fails to clean out and empty any privy; cesspool, reservoir, or sewer which he has contracted to clean out and empty, at the time and in the manner appointed by the commissioners, or to collect or remove any dirt, ashes, or rubbish which he has contracted to remove, at the time and in the manner prescribed by the commissioners for that purpose, or who lays any of such soil, dust, ashes, or rubbish or filth in any other places than such as are appointed by the commissioners for that purpose, shall for every such offence be liable to a penalty not exceeding five pounds: Provided always, that nothing contained in this Act shall extend to or affect the obligations of turnpike road or other trustees in regard to the roads under their management within the burgh.

138. EVERY person who refuses to permit the said scavengers to remove such dirt, ashes, or rubbish as by this Act they are authorized to do, or who obstructs the said scavengers in the performance of their duty, shall for every such offence be liable to a penalty not exceeding five pounds.

139. EVERY person, other than the person employed by the commissioners, or by some person contracting with the commissioners for that purpose, who gers removing collects or carries away any dung, night soil, dust, ashes, rubbish, or filth by this Act directed to be collected or removed by the commissioners, or by persons employed by them, shall be liable to a penalty not exceeding forty shillings for every such offence.

dirt.

Horse and cow

dung to be kept

&c.

140. It shall not be lawful to deposit, except for the purpose of removal, off the streets, any horse or cow dung upon such streets (mews or stable lanes excepted); and no horse or cow dung, wherever lawfully kept, shall be mixed with any dung, soil, dirt, ashes, or filth declared by this Act to be the property of the commissioners; and where any horse or cow dung shall be found in any

such streets (excepting as aforesaid), or shall be so mixed, the same shall be taken possession of by the inspector of cleansing, and sold, and the proceeds of such sale accounted for and applied to the police purposes of this Act.

PART IV.

Police

purposes. Sect. 2.

kept clean.

Areas, &c. to

be cleansed by occupiers.

141. ALL stables and byres, and areas therewith connected, shall be con- Stables and stantly kept in a clean condition to the satisfaction of the inspector of bytes to be cleansing, under a penalty not exceeding twenty shillings for each offence; and it shall be the duty of the inspector from time to time to examine the state of all such places, with a view to the enforcement of this enactment. 142. ALL private courts, yards, areas, and other places which are not cleansed by scavengers appointed under this Act, shall be kept clean, and shall at least three times in every week, or when required by the superintendent of police or inspector of cleansing, be cleaned out, by or at the expense of the occupiers of such courts, yards, areas, or other places respectively; and if such Penalty for courts, yards, areas, or other places shall not be so kept and cleansed, the neglect. occupiers thereof shall be liable to a penalty not exceeding ten shillings for every such offence.

143. Ir shall be lawful for the commissioners or any of them, after Dungsteads, inspection and report by the superintendent of police or inspector of cleansing, &c. to be to regulate and limit the time within which all common necessaries and dungsteads shall be emptied and cleaned out; and if any other person under obligation by contract or otherwise to empty or clean out such places shall fail so to do within the time so limited, such other person shall be liable in a penalty not exceeding twenty shillings, besides forfeiture of any stable or byre dung in such place; which dung the inspector of cleansing, or any other officer authorized by the commissioners, may remove or dispose of, or cause to be removed and disposed of, and the proceeds, under deduction of the expenses of removal, shall be applied to the police purposes under this Act.

144. EVERY person who shall lay or cause to be laid on any such streets Removal any dung or manure, for the purpose of removing the same, shall remove and of dung. take the same away before eight of the clock of the day on which it shall be so laid in such streets, from the first day of October to the first day of April, and before seven of the clock of the day from the first day of April to the first day of October; and if dung or manure shall be allowed to remain on any part of such streets after the said hours, the person offending shall be liable to a penalty not exceeding five shillings for each offence, and that over and above the forfeiture of the dung or manure, which shall be removed by the officers of police, who shall have power to dispose of the same for the police purposes of

this Act.

offensive

145. THE commissioners may from time to time fix the hours within which Penalty for only it shall be lawful to remove offensive matter from any premises; and conveying when the commissioners have fixed such hours, and given public notice thereof matter at imin such manner as they may deem proper, every person who removes along proper times, any such street any offensive matter at any time, except within the hours so fixed, and every person who at any time, whether such hours have been fixed by the commissioners or not, uses for any such purpose any cart or carriage not having a covering proper for preventing the escape of the contents of such cart, or of the stench thereof, or who wilfully spills any such offensive matter