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(4) In cases where His Majesty has power to appoint to an Sec. 1 (4). office, the power to appoint a deputy or person to act temporarily under this Act may be exercised by the Secretary of State, and this Act shall be construed as if the Secretary of State were the authority having power to appoint to the office. Note.-As to offices to which the Crown appoints, see Note to subsection (6) below.

(5) Where any qualification is required by law in the case of a deputy of the holder of any office to which this Act applies, the same qualification shall be required as respects any person appointed to act temporarily in the office under this Act.

See next Note.

(6) This Act shall apply to the offices of recorder, stipendiary magistrate, and clerk of the peace, but the powers given by this Act shall be in addition to and not in derogation of any similar power existing under subsection (4) of section eightythree of the Local Government Act, 1888, or otherwise.

51 & 52 Vict.

Notes.-A Recorder of a quarter sessions borough is appointed by the Crown c. 41. [Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 163],

Recorder.

The appointment of a stipendiary magistrate for a borough in pursuance of section 161 of the same Act, is also in the hands of the Crown. Elsewhere, the Stipendiary Crown generally appoints any stipendiary magistrate [Stipendiary Magistrate's magistrate. Act, 1863 (26 & 27 Vict. c. 97) s. 3; see for particular places 2 & 3 Vict. c. 15, s. 1; 9 & 10 Vict. c. 65, s. 1; Chatham and Sheerness Stipendiary Magistrate Act, 1867 (30 & 31 Vict. c. 63) s. 2].

The council of a borough having a separate court of quarter sessions, are from time to time to appoint a fit person to be clerk of the peace for the borough (s. 164 (1)). The clerk of the peace may from time to time, by writing signed by him, appoint a fit person to act as deputy for him in case of his illness, incapacity, or absence (s. 164 (3) ).

The clerk of the peace of a county is to be from time to time appointed by the standing joint committee of the county council, and the quarter sessions [Local Government Act, 1888 (51 & 52 Vict. c. 41) s. 83 (2) ].

Section 83 (4) of the Act of 1888, provides as follows:

"The joint committee may appoint a deputy clerk to hold office during their pleasure, and to act in lieu of such clerk in case of his death, illness or absence, or in such other cases as may be determined by the joint committee."

A clerk of the peace holding office at the appointed day has the same power of appointing and acting by deputy as heretofore in his capacity of clerk of the peace (s. 118).

Clerk of the peace for

borough,

Clerk of the

peace for county

repeal,

Sect. 2.-(1) This Act may be cited as the Recorders, Short title and Stipendiary Magistrates, and Clerks of the Peace Act, 1906.

(2) The Recorders, Magistrates, and Clerks of the Peace 51 & 52 Vict. Act, 1888, is hereby repealed.

C. 23,

Repeal of 2 & 3 Vict. c. 47, s. 60, as to offensive

matter,

Short title

REMOVAL OF OFFENSIVE MATTER ACT, 1906. [6 EDW. 7. CH. 45.]

An Act to repeal the provisions of the Metropolitan
Police Act, 1839, with respect to the removal of
Offensive Matter in places within the Metropolitan
Police District.

[21st December, 1906.]

BE it enacted by the King'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:

Sect. I. Paragraph (4) of section sixty of the Metropolitan Police Act, 1839 (which paragraph relates to the emptying of privies and the removal of offensive matter), is hereby repealed.

Note.--The effect of this repeal is given in the Circular of the Local Government Board below.

Sect. 2. This Act may be cited as the Removal of Offensive Matter Act, 1906.

Circular, CIRCULAR.

1st Feb., 1907

URBAN AND RURAL DISTRICT COUNCILS
WITHIN METROPOLITAN POLICE DISTRICT.

SIR,

Local Government Board,

Whitehall, S.W.
1st February, 1907.

I am directed by the Local Government Board to draw the attention of the Council to the Removal of Offensive Matter Act, 1896 (6 Edw. 7 c. 45), which repeals paragraph (4) of section 60 of the Metropolitan Police Act, 1839. So far as regards the County of London this paragraph was repealed by the Public Health (London) Act, 1891, but it continued in force in the area of the police district outside that county until the passing of the new Act. The section imposes

a penalty on any person guilty of the offences mentioned in the several paragraphs of the section.

Paragraph (4) was as follows:

:

"Every person who shall empty or begin to empty any privy between "the hours of 6 in the morning and 12 at night, or remove along any "thoroughfare any night soil, soap lees, ammoniacal liquor, or other such "offensive matter, between the hours of 6 in the morning and 8 in the "evening, or who shall at any time use for any such purpose any cart or "carriage not having a proper covering, or who shall wilfully or carelessly "slop or spill any such offensive matter in the removal thereof, or who "shall not carefully sweep and clean every place in which any such "offensive matter shall have been placed, slopped or spilled; and in "default of the apprehension of the actual offender, the owner of the cart or carriage employed for any such purpose shall be deemed to be the "offender: Provided always, that this enactment shall not be construed

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to prevent the Commissioners of Sewers within the Metropolitan Police Circular, "District, or any person acting in their service or by their direction, from 1st Feb., 1907 "emptying or removing along any thoroughfare at any time the contents "of any sewer which they are authorised to cleanse or empty."

It has been generally considered that this enactment prevented byelaws as to the same subject-matter under section 44 of the Public Health Act, 1875, or under section 26 (1) of the Public Health Acts Amendment Act, 1890, where the latter section was in force, being made by urban and rural district councils within the limits of the metropolitan police district, and consequently there are but few areas within that district where such byelaws have been made. Now that the provision in the Police Act is repealed it will be for the council to consider whether byelaws regulating the removal of offensive matters should not be made.

In the case of any district adjoining the County of London due regard should be had to the byelaw on the same subject which has been made by the London County Council, a copy of which is printed [to follow] this circular. It will be observed

that removal during hours of darkness, which was permissible under the Police
Act, is by that byelaw virtually prohibited, and difficulty has arisen in the past
where removals have taken place from London into the surrounding districts from
the conflict of the hours of removal fixed by the Act and the byelaw respectively.
The Board may state that they would not be prepared to confirm any byelaw
which prescribed hours of darkness as times for removal, as they are advised that
proper supervision by the officers of the council is then hardy feasible, and that
the offences sought to be prevented by the byelaw are the more likely to arise.
I am, Sir,
Your obedient Servant,
S. B. PROVIS,
Secretary.

The Clerk to the District Council.

Copy of Byelaw made by the London County Council unier Section 16 (2) of the
Public Health (Lonton) Act, 1891.

For prescribing the times for the removal or carriage by road of any fæcal or offensive or noxious matter liquid in or through London, and providing that the carriage or vessel used for the removal or carriage by road or water of any such matter or liquid in or through London shall be properly constructed and covered so as to prevent the escape of any such matter or liquid, and as so to prevent any nuisance arising therefrom.

Every person who shall remove or carry, or cause to be removed or carried, by road or water in or through London any fæcal or offensive or noxious matter or liquid, whether such matter or liquid shall be in course of removal or carriage from within or without or through London, shall use or cause to be used therefor a suitable carriage or vessel properly constructed and furnished with a sufficient covering so as to prevent the escape of any matter or liquid therefrom, and so as to prevent any nuisance arisi g therefrom.

Such person shall not remove or carry, or cause to be removed or carried, such matter or liquid by road in or through London, except during the following periods, viz. :—

Between 4 o'clock a.m. and 10 o'clock a.m. in any day during the months of March, April, May, June, July, August, September, and October.

Between 6 o'clock a m. and 12 o'clock at noon in any day during the months of November, December, January, and February.

This byelaw shall not apply to any person removing or carrying manure, consisting only of horse dung with a sufficient proportion of straw to render it inoffensive, and shall not apply to any person removing or carrying in a suitable carriage or vessel as aforesaid manure consisting of horse dung and litter other than straw.

Betting in a street, &c.

STREET BETTING ACT, 1906.

[6 EDW. 7, CH. 43.]

An Act for the Suppression of Betting in Streets and other Public Places.

[21st December, 1906.

BE it enacted by the King'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 :—

Sect. I. (1) Any person frequenting or loitering in streets or public places, on behalf either of himself or of any other person, for the purpose of bookmaking, or betting, or wagering, or agreeing to bet or wager, or paying or receiving or settling bets, shall

Note. For the meanings of "street ” and “public place” see subsection (4) post.

(a) in the case of a first offence be liable, on conviction under the Summary Jurisdiction Acts, to a fine not exceeding ten pounds;

(b) in the case of a second offence be liable, on conviction under the Summary Jurisdiction Acts, to a fine not exceeding twenty pounds; and

(c) in the case of a third or subsequent offence, or in any case where it is proved that the person whilst committing the offence had any betting transaction with a person under the age of sixteen years, be liable on conviction on indictment to a fine not exceeding fifty pounds or to imprisonment, with or without hard labour, for a term not exceeding six months without the option of a fine, or on conviction under the Summary Jurisdiction Acts, to a fine not exceeding thirty pounds or imprisonment, with or without hard labour, for a term not exceeding three months, without the option of a fine;

and shall in any case be liable to forfeit all books, cards, papers, and other articles relating to betting which may be found in his possession.

(2) Any constable may take into custody without warrant any person found committing an offence under this Act, and may seize and detain any article liable to be forfeited under this Act

(3) Any person who appears to the court to be under the Sec. 1 (3). age of sixteen years shall for the purpose of this section be deemed to be under that age unless the contrary be proved, or unless the person charged shall satisfy the court that he had reasonable ground for believing otherwise.

(4) For the purpose of this section the word "street" shall include any highway and any public bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not; and the words "public place" shall include any public park, garden, or seabeach, and any unenclosed ground to which the public for the time being have unrestricted access, and shall also include every enclosed place (not being a public park or garden) to which the public have a restricted right of access, whether on payment or otherwise, if at or near every public entrance there is conspicuously exhibited by the owners or persons having the control of the place a notice prohibiting betting therein.

Note. The use of the word "include" in these definitions indicates that they are not necessarily exhaustive. Public baths, public libraries, and other buildings and places to which the public have the right of access, would no doubt be "public places" for the purposes of the Act.

to a racecourse

Sect. 2. Nothing contained in this Act shall apply to any Act not to apply ground used for the purpose of a racecourse for racing with horses or adjacent thereto on the days on which races take

place.

Sect. 3.

Sect. 4.

*

Application to
Scotland

Application to
Ireland.

Sect. 5. This Act may be cited as the Street Betting Act Short title 1906.

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