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cautions mentioned in 10 (m) under the heading, “description of the construction, furniture and fittings of the boat,” &c., will be indispensable.
In stating whether the boat is'a " wide” or “narrow” boat, the examining officer should bear in mind the definitions in Art. 14 of the Order; and he should also be careful to note whether the boat is to be used as a "fly" boat worked by shifts, for to such boasts the second proviso to Art. 8 (a) will apply.
(c) The Register of Canal Boats. othen the report of the examining officer has been submitted to the registration authority they will have to determine from the information
before them whether the bapt conforms to the conditions of registration which are detailed in Art. 3 of the Where these conditions are complied with it will be incumbent upon the authority to cause the boat to be registered as a dwelling for
the number of persons
allowed by the regulations to dwell therein. The form of register will be found in the schedule to With regard to this form it may here be sufficient to observe that Art. 4 provides that the owner of a registered boat shall, from time to time, on every new appointment of a master, notify in writing to the registration authority
the christian name and sonld be duly recorded in the register, with a note of the date at which it was received sehennem of the
master newly appointed and that the information thus furnished
by the authority,
of sect. 8 of the act.
boat is registered as
(d) Fees in connection with Registration. Art. 6 prescribes the sum of 5s, as a fee in connection with the registration of a registration. By sect. 11 of the act it is provided that all fees paid in respect of poet and this fee must be paid by the owner before the delivery of the certificates of registration shall be carried to the fund out of which the expenses incurred in the fund which should be credited with the fees so paid will be determined by the provisions
(e) Certificates of Registration. On payment of the authorized fee the owner will be entitled under sect. 3 of the act statute, should identify the owner and the boat, should state the place to which the to dwell in the boat, and such other particulars as may be provided by the regulations
belonging, and the number, age, and sex of the persons allowed vi the board, or may seem fit to the registration authority. shall, in addition to such other particulars as may seem fit to the registration authority,
By Art. 5 of their Order, the board have provided that each of the two certificates contain the particulars set forth in the Form C. in the schedule.
By sect. 3 of the act it is enacted that the master shall have the care of one of the by a person duly authorized by a registration or sanitary authority, or by a justice of certificates of registration. It will be the duty of the master under sect. 5, if required the peace, to produce to such person the certificate of registry (if any) of the boat, and is to be deemed an obstruction of the person making the requisition, and for the offence peamit him to examine and copy the same. A refusal to comply with such requisition of obstruction a fine not exceeding 40s. may be imposed. reference may be made to the enactment in sect. 10.
Further, with regard to illegal detention by the master of the certificate of registry, lettering, marking, and numbering of registered boats. Part II. of the Board's Order of the 20th March, 1878, contains regulations for the
(f) Lettering, Marking, and Numbering of Registered Boats. By sect. 3 of the act it is enacted that every canal boat when registered shall be lations, and that such lettering, marking and numbering, shall include the word lettered, marked and numbered in some conspicuous manner, as directed by the regu"registered," and the name of the place to which the boat is registered as belonging,
It will be the duty of the owner of the boat, forthwith upon the receipt of the certificates of registration, to cause the boat to be lettered, marked and numbered in
and the registered number.
accordance with the regulations. And by sect. 3 of the act, it is enacted that any boat not lettered marked and numbered in conformity with that section, or having the letter, mark or number altered, defaced or obliterated, shall be deemed for the purposes of the act to be an unregistered boat.
(g) Number, Age and Sex of Persons who may be allowed to dwell in a Canal Boat. In Part III. of the Order are comprised regulations for fixing the number, age and sex of the persons who may be allowed to dwell in a canal boat, having regard to the cubic space, ventilation, provision for the separation of the sexes, general healthiness and convenience of accommodation of the boat.
The regulations prescribing the conditions of registration have been framed with especial reference to the requirements which by sect. 2 (3) of the act are recognized as the fundamental principles of the rules by which the number, age and sex of the persons who may be allowed to dwell in a canal boat are to be determined. The effect of the regulations in Art. 3 will be to ensure that in every registered canal boat the free air space of any cabin which may be intended to be used as a dwelling shall not be less than a certain specified minimum, and also that provision shall be made for ventilation, general healthiness and convenience of accommodation.
Dealing with boats which conform to these conditions, the regulations in Part III, prescribe rules whereby the number, age and sex of the persons who may be allowed to dwell in a boat may be fixed so as to secure a certain minimum of free air space for each person and to provide for the separation of the sexes.
Clause (a) of Art. 8 specifies the minimum proportion of free air space for each occupant of a cabin. For every person above the age of 12 years there must not be less than 60 cubic feet, and for each child under the age of 12 years not less than 40 cubic feet.
This general rule, in its practical application, will be subject to the conditions in clauses (b) and (c) with respect to the separation of sexes. Moreover, the two provisoes to clause (a) will operate in the one case to relax, and in the other to render more stringent the requirement as to the minimum allowance of free air space in certain classes of boats.
In the first proviso the general requirement of a minimum of 40 cubic feet for each child under the age of 12 years is modified in the case of boats built prior to the date when the regulations came into force. In the case of such boats a minimum of 30 cubic feet is to be deemed sufficient.
The second proviso to clause (a) has reference to the case of “fly" boats worked by shifts by four persons above the age of 12 years. In this case, in consequence of the conditions under which the crew work and sleep, a minimum free air space of 180 cubic feet in any cabin occupied at one and the same time as a sleeping place by any two of the four persons is required.
It has already been pointed out that the rule determining the number of occupants by reference to the air space of the cabin is to be applied subject to the conditions prescribed by the regulations with respect to the separation of the sexes.
The general rules under this head are comprised in the first paragraph of clause (6) and in clause (c).
The first paragraph of clause (b) applies to a cabin occupied as a sleeping-place by a husband and wife. With the exception hereafter to be noticed, a cabin occupied by a married couple can only receive as additional occupants children whose ages in the case of girls must not exceed 12, and, in the case of boys, 14 years.
Člause (c) will prohibit the simultaneous use of a cabin as a sleeping-place by a male above 14 years of age and an unmarried female above 12 years of age.
To the first of these rules there is an exception under the circumstances and conditions specified in the proviso to clause (b).
By sect. 1 of the act it is enacted that a canal boat shall be used as a dwelling only for the number of persons of the age and sex for which it is registered, and that if a canal boat is used as a dwelling in contravention of the act, the master and also the owner, if he is in fault, shall each be liable to a fine not exceeding 20s. for each occasion on which the boat is so used.
(h) Cleanliness and Habitable Condition of Canal Boats. Arts. 9, 10, and 11, in Part IV., of the Board's Order, comprise regulations for promoting cleanliness in, and providing for the habitable condition of, canal boats. Art. 9 requires the owner to renew thoroughly once at least in every three years the paint in the interior of every cabin which may be used as a dwelling. Art. 10 provides for the
disease by canal boats.
If the boat is proceeding
been registered as belonging.
removal of bilge water by pumping at frequent intervals. Art. 11 renders it the duty of the master to cause every cabin which may be used as a dwelling to be kept at all times in a cleanly and habitable condition.
(i) Prerention of the spread of Infectious Diseases by Canal Boats. Part V. of the Order contains regulations for preventing the spread of infectious Where a person on a canal boat is seriously ill, or is evidently suffering from an infectious disease, Art. 12 will require the master to inform the proper authority and
on a journey the master must as soon as practicable give information to the sanitary authority through whose district the boat is passing. when the boat arrives tat" itsu
port or place of destination the master is further to inform the sanitary authority
within whose district the port or place is situated, and also the owner. Where the case occurs at a time when the boat is at its port or place o destination, it will be the duty of the master forthwith to inform the sanitary authority within whose district the port or place is situate, and also the owner of the boat. The owner on receipt of information from the
master is forthwith to give notice to the sanitary authority having
jurisdiction in the place to which the boat may have Possibly by arrangement with the owners, lessees, or undertakers of each canal the sanitary authorities may be enabled to furnish the several lock-keepers or other
persons employed at fixed points along the canal with instructions for the guidance of masters
ho may have occasion to give the notices required by Art. 12 of the Board's Order. en probably be found convenient to print these instructions
, and to supply each
whom the notice is to be transmitted, whether by messenger or through the post,
(j) Interpretation of Terms.
the act, which are
The second paragraph of sect. 9 of the act is as follows:"The Local Government Board shall take steps for enabling all persons interested in
Supply of Copies of Regulations to Persons interested. aby regulations made by that board in pursuance of this act to obtain copies thereof at scribe, on payment of such sum not exceeding sixpence as may be prescribed by that such places in the neighbourhood of canals as the Local Government Board may pre
It appears to the board that the offices of the several sanitary authorities whom they have constituted registration authorities may properly be prescribed as the places at which copies of the regulations may be obtained; and the board will prescribe such
places accordingly. If, however, the authority in any particular instance should deem some other place to be more convenient or desirable, the board will be ready to consider any representation that may be made to them on the subject.
Notice should be given, in the neighbourhood, of the place and price at which copies of the regulations may be procured by the persons interested.
With regard to the price, the board will prescribe that the sum to be paid for a copy of the Order of 20th March, 1878, with a copy of the Order of 17th May, 1878, shall be fourpence.
Copies of the regulations, as laid on the table of each of the Houses of Parliament, may be obtained from Hansard's Office for the sale of parliamentary papers, No. 13, Great Queen Street, London, W.C. ; copies of the Canal Boats Act, 1877, may be obtained either from Hansard's Office or from the Queen's printers; and copies of this circular may be obtained from the agents of her Majesty's Stationery Office.
I am, Sir,
Your obedient servant, To the Clerk to the Sanitary Authority.
JOHN LAMBERT, Secretary.
CONSTABLES FOR COUNTIES–See“ County Police," post.
CONSTABLES (BOROUGH, SPECIAL). The ordinary constables of boroughs are appointed by the watch committee chosen from the town councilmen of the borough (5 & 6 Will. 4, c. 76, s. 76);—but by sect. 83 annually, in the month of October [at a special petty sessions] two or more justices of boroughs must appoint special constables to act whensoever required by warrant of any one justice. [Forms, Nos. 1-4, Oke's“ Formulist,” 6 edit. pp. 634, 635.] The [Declaration, 31 & 32 Vict. c. 72, s. 12, sub-s, 4, 6] is the same as that for special constables for counties under 1 & 2 Will. 4, c. 41, tit. “ Constables (Special)” post, Chap. II.
CONSTABLES (HIGH). Appointment of.] By 7 & 8 Vict. c. 33, s. 1, high constables, before appointed at a quarter sessions, are to be appointed at a special sessions for the division, held for the purpose of hearing appeals against poor's rates, or at any adjournment thereof (see tit. “Poor," as to the special sessions);—and the high constable, when appointed, is to take only the [Declaration 31 & 32 Vict. c. 72, s. 12, sub-s. 4, Note 5] for the due execution of his office, either at the place of appointment, or before some one justice of the county. The office appears to be an annual one.
When Vacancy in Office not to be filled up.] By the “High Constables Act, 1869,” 32 & 33 Vict. c. 47, passed 2nd August, 1869, which recites, that “it is expedient to abolish the office of high constable in England and Wales, except in certain cases, and to make provision for the discharge of the duties heretofore performed by such constables,” it is enacted (inter alia) by sect. 2, " It shall be
32 & 33 Vict.
5 The 31 & 32 Vict. c. 72, here referred to, is “The Promissory Oaths Act, 1868," substituting a declaration for an oath in a variety of cases, the provisions of which act are set out in tit.“ Oaths" in Chap. II. of this Part, post.
the duty of the justices of the peace for every county in quarter 32 & 33 Vict. sessions assembled in the month of January next after the passing c. 47. of this act to consider and determine whether it is necessary that the office of high constable 6 of each hundred or other like district within their jurisdiction should be continued,—and whenever such justices so assembled as aforesaid shall have determined in the case of any such hundred or other like district that it is not necessary that the office of high constable should be continued, they shall send notice of such determination to the person or persons in whom the appointment of such high constable is vested, and on the occurrence thereafter of any vacancy in such office such vacancy shall not be filled up,—but this provision shall not apply to the case of any high constable who is by law or custom returning officer at any parliamentary or municipal election, or is charged with the supervision of the register of electors, or in whom is vested by virtue of his
any real property.” By sect. 6, “if it shall appear to the justices assembled at any court of quarter sessions that any high constable within the jurisdiction of such court, holding office for life or during good behaviour, has suffered or is likely to suffer by reason of the passing of this act any loss of emoluments heretofore chargeable upon the county stock or rate, it shall be lawful for
such justices upon the application of any such constable, notice having been given at the previous meeting of the court, to order that such sum shall be annually or quarterly paid to such constable during his life, and charged upon the county stock or rate as shall seem to them reasonable, regard being had to the cessation of any duties in respect of which such emoluments had theretofore been received by him, and to any other circumstances in the case ; and in the case of constable holding office as aforesaid, and remunerated by salary conditional upon the discharge of the duties of his office, the annual en to be awarded him by such order shall not be less than two
thirds of such salary."
C. 109 [title
CONSTABLES (LIBERTIES). By 7 & 8 Vict. c. 52, s. 1, all the provisions of the 5 & 6 Vict. 7 & 8 Vict. applied to every liberty having a separate commission of the peace,
Constables (Parochial),” infra], are extended and c. 52. and not being an incorporated borough, and to the justices of such liberty, as if such liberty were a county of itself. Sect. 2 confirms previous appointments of constables of liberties under colour of the
5 & 6 Vict.c. 109.
8. 1, " For the purposes of this act the words 'high constable’ shali
6 Interpretation of Term “ High Constable."'] By 32 & 33 Vict. c. 47, include any constable of any hundred or other like district, and any officer discharging the duties usually performed by high constables by Whatever name such officer shall be called."