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TOWNS IMPROVEMENT (IRELAND) ACT 1854

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - LONG TITLE

An Act to make better Provisions for the paving, lighting, draining,
cleansing, supplying with Water, and Regulations of Towns in
Ireland.{1}
[10th August 1854]
Preamble rep. by SLR 18921972 c.9

"Householder."

"Occupier."

"Lands."

"Premises."

"Street."

"Owner."

"Assistant barrister."

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 1
""Rackrent.''

1. The following words and expressions in this Act shall have the
meanings hereby assigned to them, unless there be something in the
subject or context repugnant to such construction; (that is to
say,)... ["councillor" has the meaning assigned to it by section
1(3) of the Local Government Act (Northern Ireland) 1972; "district"
has the meaning assigned to it by section 1(3) of the Local
Government Act (Northern Ireland) 1972; "district council" means a
council established under the Local Government Act (Northern Ireland)
1972;] the word ["householder" shall mean a local government elector
registered in respect of a qualification in the town]; the word
"occupier" shall extend to and include an immediate lessor made
liable under this Act to assessments in cases of premises of such
small annual value as hereinafter mentioned respectively in that
behalf, and such word "occupier" shall not include a lodger or a
party in the occupation as tenant of a furnished house let for a
less period than one year, but shall include the party by whom
such furnished house is so let;... the word "lands" and the word
"premises" shall include all lands, springs, dwelling houses, shops,
warehouses, vaults, cellars, stables, breweries, manufactories, mills,
and other houses and buildings, and yards and places; the word
"street" shall extend to and include any road, bridge, lane, square,
court, alley, and thoroughfare or public passage; ... the word
"owner," used with reference to any lands or premises in respect of
which any work is required to be done or any assessment paid under
this Act, shall mean the person for the time entitled to receive,
or who, if such lands or premises were let to a tenant at a
rackrent, would be entitled to receive the rackrent from the
occupier thereof; the expression "assistant barrister" shall mean the
assistant barrister for the county or place in which the lands or
premises in question are situate...; the expression "rackrent" shall
mean rent which is not less than two thirds of the full net
annual value of the property out of which the rent arises, and the
full net annual value shall ... be taken to be the rent at which
the property ought reasonably to be expected to let from year to
year, free from all quit rent, head rent, ground rent, and usual
tenants rates and taxes, and deducting therefrom the probable annual
cost of the repairs, insurance, and other expenses (if any)
necessary to maintain the same in a state to command such rent;
the expression "private assessment" shall mean any assessment or
charge on individuals for private improvement expenses, or for house
drainage, or otherwise under this Act; ...; the word "cattle" shall
include any horse, mare, gelding, foal, colt, filly, bull, cow,
heifer, ox, calf, ass, mule, ram, ewe, wether, lamb, goat, kid, or
swine; the expression "lawful day" shall mean a day not being
Sunday, Christmas Day, or Good Friday, and when any number of days
is appointed by this Act the same shall be construed to mean such
lawful days, and be computed inclusive of the first and exclusive
of the last of such days;....

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 2
Short title.

2. In citing this Act in other Acts of Parliament, and in legal
instruments, and in pleading, it shall be enough to use the
expression "The Towns Improvement (Ireland) Act, 1854."

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 3
Incorporation with special Act.

3. For the purpose of incorporating part only of this Act with any
Act hereafter to be passed, it shall be enough to describe the
clauses of this Act with respect to any matter in the words
introductory to the enactment with respect to such matter, and to
enact that the clauses so described, or that this Act, with the
exception of the clauses so described, shall be incorporated with
such Act; and thereupon all the clauses of this Act so incorporated
shall, save so far as they are expressly varied or excepted by
such Act, form part of such Act; and such reference to said
introductory words shall also be a sufficient incorporation thereof
in any notice, application, or other proceeding under this Act.

Ss.421 rep. by 1898 c.37 s.110 sch.6 Pt.III; SLR (NI) 1954; 1972
c.9 (NI) s.149 sch.9. Ss.2228 rep. by 1871 c.109 s.26; 1872 c.33
s.32 sch.6; 1898 c.37 s.110 sch.6 Pt.III; 1919 c.19 s.1 sch.; 1934
c.22 (NI) s.46 sch.3; SLR (NI) 1954; 1966 c.38 ss.21, 28 sch.3;
1972 c.9 (NI) s.149 sch.9. Ss.2935 rep. by 1878 c.52 s.294 sch.A;
SLR 1898; SLR (NI) 1954; 1972 c.9 (NI) s.149 sch.1; SRO 1973/285

And with respect to paving and maintaining the streets:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 36
Incorporation of 1847 c.34 ss.51 53.

36. Clauses fifty-one, fifty-two, and fifty-three of the Towns
Improvement Clauses Act, 1847, shall be incorporated with and form
part of this Act; provided that nothing herein or in the said
clauses so incorporated with this Act shall extend or be construed
to exonerate... any... body, or person or persons whatsoever, from
his or their duty or obligation to maintain and repair any street
or road... unless the [Department of the Environment] shall desire
to take upon themselves such duty or obligation; and in such case
[the Department] shall become liable in like manner as the party or
parties originally liable to such duty or obligation, and shall in
like manner answer for and be punishable for any default in the
discharge or observance of such duty or obligation.

And with respect to laying out new streets:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 37
Incorporation of 1847 c.34 ss.57 63.

37. So much of the Towns Improvement Clauses Act, 1847, as relates
to laying out new streets be incorporated with and form part of
this Act: Provided always, that as regards the making and laying
out any new streets, and fixing the levels thereof, it shall be
lawful for any person whose property may be taken or affected, and
who shall think himself thereby aggrieved, to appeal thereon to the
assistant barrister, in manner herein-after mentioned.

And with respect to naming the streets and numbering the houses,
and also with respect to improving the line of the streets and
removing obstructions:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 38
Incorporation of 1847 c.34 ss.64 74.

38. So much of the Towns Improvement Clauses Act, 1847, as relates
to naming the streets and numbering the houses, and also so much
thereof as relates to improving the line of the streets and
removing obstructions, shall be incorporated with and form part of
this Act: Provided always, that as regards the improving the line
of any street, and removing obstructions, it shall be lawful for
any person whose property may be taken or affected, and who shall
think himself thereby aggrieved, to appeal thereon to the assistant
barrister in manner herein-after mentioned.

And with respect to ruinous or dangerous buildings, and also with
respect to precautions during the construction and repair of the
sewers, streets, and houses:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 39
Incorporation of 1847 c.34 ss.75 78.

39. So much of the Towns Improvement Clauses Act, 1847, as relates
to ruinous and dangerous buildings, and also so much thereof as
relates to precautions during the construction and repair of the
sewers, streets, and houses, shall be incorporated with and form
part of this Act.

And with respect to objections to works to be constructed by or
subject to the approval of the [Department of the Environment]:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 40
Incorporation of 1847 c.34 ss.84 86.

40. So much of the Towns Improvement Clauses Act, 1847, as relates
to objections to the works to be constructed by or subject to the
approval of the [Department of the Environment], except so much
thereof as relates to the appeal thereby provided, shall be
incorporated with and form part of this Act.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 41
Appeal to assistant barrister by persons liable to contribute to
expense of works.

41. Any person liable to pay or to contribute towards the expense
of any of the works herein-before mentioned, or otherwise aggrieved
by any order of the [district council or the Department of the
Environment as the case may be] relating thereto, may at any time
within seven days next after the making of any such order give
notice in writing to the [district council or the Department of the
Environment as the case may be] that he intends to appeal against
such order to the assistant barrister at the next quarter sessions
....

S.42 rep. by 1878 c.52 s.294 sch.A

And with respect to the construction of houses for prevention of
fire:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 43
Party walls of new buildings to be carried up through the roof.

43. The party walls of all buildings [erected in any place after
this Act comes into operation] shall be carried through and above
the roof, to form a parapet of not less than twelve inches in
height, measured at right angles with the slope of the roof, above
the covering of the roof of the highest building to which such
party walls belong; and every person who shall erect any building
contrary to the provision herein contained, and who shall not alter
the same within one month after notice given to him for that
purpose by the [district council], shall be liable to a penalty not
exceeding [#20 and an additional penalty of #2 for every day that
such building shall so continue].

And with respect to supplying buildings with fresh air:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 44
Incorporation of 1847 c.34 ss.110 115.

44. So much of the Towns Improvement Clauses Act, 1847, as relates
to supplying buildings with fresh air shall be incorporated with and
form part of this Act; provided that the appeal from the
determination of the [district council] in this respect shall be
such appeal to the court of the assistant barrister as is
herein-before provided.

Ss.45, 46 rep. by 1878 c.52 s.294 sch.A

And with respect to slaughter-houses:Saving as to authorized
slaughter-houses.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 47
Incorporation of 1847 c.34 ss.125 131.

47. So much of the Towns Improvement Clauses Act, 1847, as relates
to slaughter-houses shall be incorporated with and form part of this
Act: [Provided always, that the rights, privileges, powers or
authorities of any persons incorporated or authorised by any local
Act of Parliament passed before the passing of this Act, for the
purpose of making and maintaining slaughter-houses for the
accommodation of any city, town or place, shall not be prejudiced
or affected by the operation of this section save in so far as
any such right, privilege, power or authority is conferred by or
enjoyed by virtue of any provision of the local Act inconsistent
with any provision of the Slaughter-houses Act (Northern Ireland),
1953.]

Ss.48, 49 rep. by 1878 c.52 s.294 sch.A

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 50
Offensive trades not to be newly established without consent of
district council.

50. The business of a blood-boiler, bone-boiler, slaughterer of
cattle, horses, or animals of any description, soap-boiler,
tallow-melter, tripe-boiler, or other noxious or offensive business,
trade, or manufacture, shall not be newly established in any
building or place within [a district] without the consent of the
[district council]; and whosoever offends against this enactment shall
be liable for each offence to a penalty not exceeding twenty
pounds, and a further penalty not exceeding [#2] for each day
during which the offence is continued; and the [district council]
may from time to time make such byelaws with respect to any such
businesses so newly established as they may think necessary and
proper, in order to prevent or diminish the noxious or injurious
effects thereof.

And with respect to the lighting of towns:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 51
Lighting streets.

51. The [Department of the Environment] may contract for any period
not exceeding three years at any one time with the owners of any
gasworks, or with any other person, for the supply of such gas or
oil, or other means of lighting, and may provide such lamps, lamp
posts, and other works, as the [Department] think necessary for
lighting the streets...; and if the [Department] and the owners of
any gasworks authorized by Act of Parliament to supply gas..., and
with whom the [Department] shall be desirous of contracting, shall
not agree as to the price to be paid for such supply, then such
price shall be settled by arbitration, and for that purpose the
clauses of the Lands Clauses Consolidation Act, 1845, with respect
to the settlement of disputed compensation by arbitration, shall be
incorporated with this Act.

Ss.5254 rep. by 1878 c.52 s.294 sch.A

And with respect to things to be done by the [district council] by
special order only, and with respect to clocks, and with respect to
entry by the [district council] or their officers in execution of
this Act, and with respect to ensuring the execution of the works
by this Act required to be done by the owners or occupiers of
houses or lands:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 55
Incorporation of 1847 c.34 ss.132 155.

55. So much of the Towns Improvement Clauses Act, 1847, as relates
to things to be done by the [district council] by special order
only, and so much thereof as relates to clocks, and so much
thereof as relates to entry by the [district council] or their
officers in execution of the Act, and so much therof as relates to
ensuring the execution of works required to be done by the owners
or occupiers of houses or lands, shall be incorporated with and
form part of this Act.

And with respect to the sale of gunpowder:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 56
Regulations as to sale and keeping of gunpowder.

56. No gunpowder shall be sold within the town by candle or other
artificial light, under a penalty not exceeding one pound for each
offence; and no person shall keep at any time more than ten pounds
weight of gunpowder, except by special permission of the [Ministry
of Home Affairs]..., and under such regulations for its safe custody
as [it] may approve and determine, under a penalty for the first
offence of any sum not exceeding one pound, for the second offence
not exceeding three pounds, and for the third or any subsequent
offence not exceeding five pounds, besides forfeiture of all the
gunpowder which shall be found exceeding the aforesaid weight; and
the aforesaid quantity of gunpowder allowed to be kept as aforesaid
shall be deposited in a place separate from all other goods and
commodities, and shall be secured by lock and key, under a penalty
not exceeding one pound to be paid for each offence by the
occupier of the premises in which such quantity not so kept and
secured as aforesaid shall be found: Provided always, that nothing
herein contained shall apply to any quantity of gunpowder provided
for military or constabulary purposes.

Ss.5759 rep. by SLR (NI) 1954; 1964 c.14 (NI) s.18 sch.; 1966 c.38
(NI) s.28 sch.3; 1972 c.9 (NI) s.149 sch.9. Ss.6067 rep. by 1898
c.37 s.110 sch.6 Pt.III; 1969 c.30 (NI) s.132 sch.6; 1972 NI16
art.63(3) sch.19 Pt.I. Ss.68, 69 rep. by 1871 c.109 s.28; 1972 c.9
(NI) s.149 sch.9

And with respect to the regulation of towns, and to obstructions
and nuisances in the streets, and to the suppression of vagrants
and beggars:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 70
Obstructions in the streets during public processions, &c.

70. The [Ministry of Home Affairs] may from time to time make
orders for the route to be observed by all carts, carriages,
horses, and persons, and for preventing obstruction of the streets
of the town in all times of public processions, rejoicings, or
illuminations, and in any case when the streets are thronged or
liable to be obstructed, and may also give directions to the
constables and officers of the constabulary force for keeping order
and preventing any obstruction of the streets in the neighbourhood
of theatres and other places of public resort; and every wilful
breach of any such order shall be deemed an offence against this
Act, and every person committing any such offence shall be liable
to a penalty not exceeding [#20].

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 71
Power to impound stray cattle.

71. If any cattle be at any time found at large in any street of
the [district] without any person having the charge thereof, any
constable or officer of constabulary, or any person residing [in the
district], may seize and impound such cattle, and may detain the
same until the owner thereof pay to the [district council] a
penalty not exceeding [#1], besides the reasonable expenses of
impounding and keeping such cattle; and if the said penalty and
expenses be not paid within three days after such impounding, ...
the [district council]... may proceed to sell such cattle, or cause
the same to be sold; but previous to such sale, then three days
notice of such intended sale shall be given by posting such notice
on the constabulary barrack, pound, and other place (if any) which
may be appointed by the [district council] for that purpose and the
money arising from such sale, after deducting the said sums, and
the expenses aforesaid, and all other expenses attending the
impounding, keeping, and sale of any such cattle so impounded, shall
be paid to the [district council], and shall be by them paid, on
demand, to the owner of the cattle so sold.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 72
Penalty on persons committing certain offences.

72. Every person who in any street, to the obstruction, annoyance,
or danger of the residents or passengers, commits any of the
following offences, shall be liable to a penalty for each offence
as herein-after mentioned; and any constable or other officer
appointed by virtue of this Act shall take into custody, without
warrant, and forthwith convey before a justice or justices, any
person who within his view commits any such offences; (that is to
say,)

Every person who exposes for show, hire, or sale, (except in a
market or market place or fair lawfully appointed for that purpose,)
any horse or other animal; or exhibits in a caravan or otherwise
any show or public entertainment; or shoes, bleeds, or farries any
horse or animals (except in cases of accident); or cleans, dresses,
trains, or breaks, or turns loose any horse or animal; or makes or
repairs any part of any cart or carriage (except in cases of
accident where repair on the spot is necessary); shall be liable to
a fine not exceeding [#20]:

Every person who suffers to be at large any unmuzzled ferocious
dog, or sets on or urges any dog or other animal to attack,
worry, or put in fear any person or animal, shall be liable to a
fine not exceeding [#20]:

Every owner of any dog who suffers such dog to go at large,
knowing or having reasonable ground for believing it to be in a
rabid state, or to have been bitten by any dog or other animal in
a rabid state, shall be liable to a fine not exceeding [#20]:

Every person who, after public notice given by any justice or
justices at petty sessions, chief magistrate, or [the district
council], directing dogs to be confined on account of suspicion of
canine madness, suffers any dog to be at large during the time
specified in such notice, shall be liable to a fine not exceeding
[#20]:

Every person who slaughters or dresses any cattle, or any part
thereof, except in the case of any cattle over-driven which may
have met with any accident, and which for the public safety or
other reasonable cause ought to be killed on the spot, shall be
liable to a fine not exceeding[#20]:

Every person having the care of any waggon, cart, or carriage, who
rides on the shafts thereof; or who, without having reins, and
holding the same, rides upon such waggon, cart, or carriage, or on
any animal drawing the same; or who is at such a distance from
such waggon, cart, or carriage, as not to have due control over
every animal drawing the same; or who does not, in meeting any
other carriage, keep his waggon, cart, or carriage to the left or
near side, or who in passing any other carriage does not keep his
waggon, cart, or carriage on the right or off side of the road
(except in cases of actual necessity, or some sufficient reason for
deviation); or who, by obstructing the street, wilfully prevents any
person or carriage from passing him, or any waggon, cart, or
carriage under his care; shall be liable to a fine not exceeding
[#20]:

Every person who at one time drives more than two carts or
waggons, and every person driving two carts or waggons who has not
the halter of the horse in the last cart or waggon securely
fastened to the back of the first cart or waggon, or has such
halter of a greater length from such fastening to the horse's head
than four feet, shall be liable to a fine not exceeding [#20]:

Every person who rides or drives furiously any horse or carriage,
or drives furiously any cattle, shall be liable to a fine not
exceeding [#20]:

Every person who causes any public carriage, sledge, truck, or
barrow, with or without horses, or any beast of burden, to stand
longer than is necessary for loading or unloading goods, or for
taking up or setting down passengers (except hackney carriages, and
horses and other beasts of draught or burden, standing for hire in
any place appointed for that purpose by the [district council] or
other lawful authority); and every person who, by means of any
cart, carriage, sledge, truck, or barrow, or any animal, or other
means, wilfully interrupts any public crossing, or wilfully causes
any obstruction in any public footpath, or other public thoroughfare;
shall be liable to a fine not exceeding [#20]:

Every person who causes any tree or timber, or iron beam, to be
drawn in or upon any carriage, without having sufficient means of
safely guiding the same, shall be liable to a fine not exceeding
[#20]:

Every person who leads or rides any horse or other animal, or
draws or drives any cart or carriage, sledge, truck, or barrow,
upon any footway of any street, or fastens any horse or other
animal so that it stands across or upon any footway, shall be
liable to a fine not exceeding [#20]:

Every person who places or leaves any furniture, goods, wares, or
merchandise, or any cask, tub, basket, pail, or bucket, or places
or uses any standing-place, stool, bench, stall, or showboard, on
any footway, or who places any blind, shade, covering, awning, or
other projection over and along any such footway, unless such blind,
shade, covering, awning, or other projection is eight feet in height
at least in every part thereof from the ground, shall be liable to
a fine not exceeding[#20]:

Every person who places, hangs up, or otherwise exposes to sale any
goods, wares, merchandise, matter, or thing whatsoever, so that the
same project into or over any footway, or beyond the line of any
house, shop, or building at which the same are so exposed, so as
to obstruct or incommode the passage of any person over or along
such footway, shall be liable to a fine not exceeding [#20]:

Every person who rolls or carries any cask, tub, hoop, or wheel,
or any ladder, plank, pole, timber, or log of wood, upon any
footway, except for the purpose of loading or unloading any cart or
carriage, or of crossing the footway, shall be liable to a fine
not exceeding [#20]:

Every person who places any line, cord, or pole across any street,
or hangs or places any clothes thereon, shall be liable to a fine
not exceeding [#20]:

Every common prostitute or nightwalker loitering and importuning
passengers for the purpose of prostitution, or being otherwise
offensive, shall be liable to a fine not exceeding [#20]:

Every person who wilfully and indecently exposes his person, or who
commits any act contrary to public decency, shall be liable to a
fine not exceeding [#20]:

Every person who publicly offers for sale or distribution or
exhibits to public view, any profane, indecent, or obscene book,
paper, print, drawing, painting, or representation, or sings any
profane or obscene song or ballad, shall be liable to a fine not
exceeding [#20]:

Every person who wantonly ... throws or discharges any stone or
other missile, or makes any bonfire, or throws or sets fire to any
firework, shall be liable to a fine not exceeding [#20]:

Every person who wilfully and wantonly disturbs any inhabitant by
pulling or ringing any door bell, or knocking at any door, or who
wilfully and unlawfully extinguishes the light of any lamp, shall be
liable to a fine not exceeding [#20]:

Every person who flies any kite, or who makes or uses any slide
upon ice or snow, shall be liable to a fine not exceeding [#20]:

Every person who cleanses, hoops, fires, washes, or scalds any cask
or tub, or hews, saws, bores, or cuts any timber or stone, or
slacks, sifts, or screens any lime, shall be liable to a fine not
exceeding [#20]:

Every person who throws or lays down any stones, coals, slate,
shells, lime, bricks, timber, iron, or other materials, (except
building materials so enclosed as to prevent mischief to passengers,)
shall be liable to a fine not exceeding [#20]:

Every person who beats or shakes any carpet, rug, or mat, (except
rugs or mats beaten or shaken before the hour of nine in the
morning,) shall be liable to a fine not exceeding [#20]:

Every person who fixes or places any flower pot or box, or other
heavy article, in any upper window, without sufficiently guarding the
same against being blown down, shall be liable to a fine not
exceeding [#20]:

Every person who throws from the roof or any part of any house or
other building any slate, brick, wood, rubbish, or other thing,
except snow thrown so as not to fall on any passenger, shall be
liable to a fine not exceeding [#20]:

Every person who leaves open any vault or cellar, or the entrance
from any street to any cellar or room underground, without a
sufficient fence or handrail; or leaves defective the door, window,
or other covering of any vault, area, or cellar; or who does not
sufficiently fence any area, pit, or sewer left open; or who leaves
such open area, pit, or sewer without a sufficient light after
sunset to warn and prevent persons from falling thereinto; shall be
liable to a fine not exceeding [#20]:

Every person who throws or lays any dirt, dung, litter, or ashes,
or night-soil, or any carrion, fish, offal, or rubbish, on any
street, or sea beach, or strand, within [a district], or causes any
offensive matter to run from any manufactory, brewery,
slaughter-house, butcher's shop, or dunghill, into any street:
Provided always, that it shall not be deemed an offence to lay
sand or other materials in any street in time of frost to prevent
accidents, or litter or other suitable materials to prevent the
freezing of water in pipes, or in case of sickness to prevent
noise, if the party laying any such thing causes them to be
removed as soon as the occasion for them ceases; shall be liable
to a fine not exceeding [#20]:

Every person who keeps any pigstye to the front of any street, not
being shut out from such street by a sufficient wall or fence, or
who keeps any swine in or near any street, so as to be a common
nuisance, shall be liable to a fine not exceeding [#20]:

...

Ss.7376 rep. by SLR (NI) 1954; 1968 c.28 (NI) s.16 sch.4

For fixing the stands of bathing machines on the seashore or
strand, and the limits within which persons of each sex shall be
set down for bathing, and within which persons shall bathe:

For regulating the occupation of such stands of bathing machines,
and apportioning the same temporarily among the owners of such
machines for the time:

For preventing any indecent exposure of the persons of the bathers:

For regulating the manner in which and the times at which the
bathing machines shall be used, and the charges to be made for the
same:

For ensuring that the bathing machines shall be kept in a proper
state of repair:

For regulating the distance at which boats and vessels let to hire
for the purpose of sailing or rowing for pleasure shall be kept
from persons bathing within such prescribed limits.

And with respect to hackney carriages:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 78
Byelaws for regulating public bathing places.

78. Every wheeled carriage, whatever may be its form or
construction, used in standing or plying for hire in any street
within [a district], and every carriage standing upon any street
within such [district], having thereon any numbered plate required by
this Act to be fixed upon a hackney carriage, or having thereon
any plate resembling or intended to resemble any such plate as
aforesaid, shall be deemed to be a hackney carriage within the
meaning of this Act; and in all proceedings at law or otherwise
the term "hackney carriage" shall be sufficient to describe any such
carriage:

Proviso rep. by SLR (NI) 1954

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 79
What to be deemed hackney carriages.

79. The [district council] shall from time to time license to ply
for hire, within such prescribed distance, such hackney coaches or
carriages, of any kind or description adapted to the carriage of
persons, as shall be necessary; and for every such licence there
shall be paid to the [council] such sum as the [district council]
direct, not exceeding [25p]: Provided, that before any such licence
is granted a requisition for the same, in such form as the
[district council] may provide for that purpose, shall be made and
signed by the proprietor or one of the proprietors of the hackney
carriage in respect of which such licence is applied for, and in
every such requisition shall be truly stated the name and surname
and place of abode of the person applying for such licence, and of
every proprietor or part proprietor of such carriage; and any person
who on applying for such licence states in such requisition the
name of any person who is not a proprietor or part proprietor of
such carriage, and also any person who wilfully omits to specify
truly in such requisition as aforesaid the name of any person who
is a proprietor or part proprietor of such carriage, shall be
liable to a penalty not exceeding five pounds.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 80
Licensing of hackney carriages.

80. In every such licence shall be specified the name and place of
abode of every person who is a proprietor or part proprietor of
the hackney carriage in respect of which such licence is granted,
and also the number of such licence, which shall correspond with
the number to be painted or marked on the plates or marks to be
fixed on such carriage, together with such other particulars as the
[district council] think fit; and every licence so to be granted
shall be signed [on behalf of the council], and shall not include
more than one carriage so licensed, and shall be in force from one
year only from the day and the date of such licence, or until the
next general licensing meeting, in case any general licensing day be
appointed by the [district council]; and every such licence shall be
made out by ... the [district council] and duly entered in a book
to be provided... for that purpose, and in such book shall be
contained columns or places for entries to be made of every offence
committed by any proprietor or driver or person attending such
carriage; and any person may at any reasonable time inspect such
book, without fee or reward; and if the proprietor or part
proprietor of any carriage permits the same to be used as a
hackney carriage plying for hire within such prescribed distance
without having obtained a licence for such carriage, or during the
time that such licence is suspended as herein-after provided, or if
any person be found driving, standing, or plying for hire with any
carriage within such prescribed distance for which such licence ought
to be, but has not been, previously obtained, or without having the
number of such carriage openly displayed on such carriage, every
person so offending shall for every such offence be liable to a
penalty not exceeding [#2].

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 81
Particulars to be specified in licences, and registration thereof.

81. So often as any person named in any such licence as the
proprietor or one of the proprietors changes his place of abode, he
shall, within seven days next after such change, give notice thereof
in writing, signed by him, to the [district council], specifying in
such notice his new place of abode; and he shall at the same time
produce such licence [to the district council, to be endorsed and a
memorandum signed], specifying the particulars of such change; and
any person named in any such licence as the proprietor or one of
the proprietors of any hackney carriage, who changes his place of
abode, and neglects or wilfully omits to give notice of such
change, or to produce such licence in order that such memorandum as
aforesaid may be endorsed thereon, as directed by this Act, shall
be liable to a penalty not exceeding [#2].

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 82
Notice to be given by proprietors of hackney carriages of any
change of abode.

82. No person shall act as driver of any hackney carriage licensed
in pursuance of this Act without first obtaining a licence from the
[district council], which licence shall be registered by ... the
[district council], and a fee of [5p] shall be paid for the same;
and every such licence shall be in force until the same is
revoked, except during the time that the same may be suspended as
after mentioned; and if any person acts as such driver without
having obtained such licence, or during the time that his licence
is suspended, or if he lend or part with his licence, except to
the proprietor of the hackney carriage, or if the proprietor of any
hackney carriage employ any person as the driver thereof who has
not obtained such licence, or during the time that his licence is
suspended as herein-after provided, every such driver and every such
proprietor shall for every such offence respectively be liable to a
penalty not exceeding [#1]; and the [district council] may, upon the
conviction for the second time of the proprietor or driver of any
hackney carriage for any offence under the provisions of this Act
with respect to hackney carriages, or any byelaw made in pursuance
thereof, suspend or revoke, as they deem right, the licence of any
such proprietor or driver.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 83
Drivers not to act without licences.

83. No hackney carriage shall stand or ply for hire within such
prescribed distance, unless the number of persons to be carried by
such hackney carriage, in words at length, and in form following,
(that is to say,) "to carry persons," be printed on some
conspicuous place on the outside of such carriage, in legible
letters, so as to be clearly distinguishable from the ground whereon
the same are painted; and the driver of any hackney carriage shall
not be required to carry a greater number of persons than the
number painted thereon; and if the proprietor of any hackney
carriage permit the same to be used, or if any person stand or
ply for hire with such carriage, without having the number of
persons to be carried thereby painted in manner aforesaid, or if
the driver of any hackney carriage refuse, when required by the
hirer thereof, to carry in or by such hackney carriage such number
of persons, or any less number, every proprietor or driver so
offending shall be liable to a penalty not exceeding [#2]; and any
driver of a hackney carriage standing at any of the stands for
hackney carriages, or in any street, who refuses or neglects,
without reasonable excuse, to drive such carriage to any place
within such prescribed distance, or any distance to be appointed by
any byelaw of the [district council], to which he is directed to
drive by the person hiring or wishing to hire such carriage, shall
for every such offence be liable to a penalty not exceeding [#2].

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 84
Penalty on driver for refusing to drive.

84. If the proprietor or driver of any hackney carriage agree
beforehand with any person to take for any job a sum less than
the fare allowed by this Act, or any byelaw made thereunder, such
proprietor or driver shall be liable to a penalty not exceeding
[#2] if he exact or demand for such job more than the fare so
agreed upon; and no agreement whatever made with the driver, or
with any person having the care of any hackney carriage, for the
payment of more than the fare allowed by any byelaw made under
this Act, shall be binding on the person making the same, and any
such person may, notwithstanding such agreement, refuse to pay any
sum beyond the fare allowed; and if any person actually pay to the
driver of any hackney carriage any sum exceeding the fare to which
such driver was entitled, the person paying the same shall be
entitled, on complaint made against such driver before a justice, to
recover back the sum paid beyond the proper fare, and moreover such
driver shall be liable to a penalty for such exaction not exceeding
the sum of [#2]; and in default of the repayment by such driver
of such excess, or of payment of the said penalty, the justice
shall forthwith commit such driver to prison, there to remain for
any time not exceeding one month, unless the said excess of fare
and the said penalty be sooner paid; and every proprietor or driver
of any hackney carriage who is convicted of taking as a fare a
greater sum than is authorized by any byelaw made under this Act
shall be liable to a penalty not exceeding [#2], and such penalty
may be recovered before a justice, and in the conviction of such
proprietor or driver an order may be included for payment of the
sum so overcharged, over and above the penalty and costs, and such
overcharge shall be returned to the party aggrieved, whose evidence
shall be admissible in proof of such offence.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 85
Penalty for demanding more than legal fare.

85. If the driver or any other person having the care of any
hackney carriage be intoxicated while driving, or if any such driver
or other person by wanton and furious driving, or by any other
wilful misconduct, injure or endanger any person in his life, limbs,
or property, he shall be liable to a penalty not exceeding five
pounds, and in default of payment thereof the justice before whom
he is convicted of such offence may commit him to prison, there to
remain for any time not exceeding two months; and any driver of
any hackney carriage who suffers the same to stand for hire across
any street or alongside of any other hackney carriage, or who
refuses to give way, if he conveniently can, to any other carriage,
or who obstructs or hinders the driver of any other carriage in
taking up or setting down any person into or from such other
carriage, or who wrongfully in a forcible manner prevents or
endeavours to prevent the driver of any other hackney carriage from
being hired, shall be liable to a penalty not exceeding [#1]; and
in every case in which any hurt or damage has been caused to any
person or property as aforesaid by the driver of any carriage let
to hire, the justice before whom such driver has been convicted may
direct that the proprietor of such carriage shall pay such sum not
exceeding five pounds as appears to such justice a reasonable
compensation for such hurt or damage; and every proprietor who pays
any such compensation as aforesaid may recover the same from the
driver; and such compensation shall be recoverable from such
proprietor, and by him from such driver, as damages.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 86
Penalty on drivers misbehaving.

86. If the driver of any hackney carriage leave it in any street,
or at any place of public resort or entertainment, without some one
proper to take care of it, any constable may drive away such
hackney carriage, and deposit it at some neighbouring livery stable
or other place of safe custody; and such driver shall be liable to
a penalty not exceeding [#10] for such offence; and in default of
payment of the said penalty upon conviction, and of the expenses of
taking and keeping the said hackney carriage and horse or horses,
the same, or any of them, shall be sold by order of the justice
before whom such conviction is made; and after deducting from the
produce of such sale the amount of the said penalty, and of all
costs and expenses, as well of the proceedings before such justice
as of the taking, keeping, and sale of such hackney carriage, and
of such horse or horses, the surplus (if any) of the said produce
shall be paid to the proprietor of such hackney carriage.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 87
As to carriages left unattended at places of public resort.

87. If any person refuse to pay, on demand, to any proprietor or
driver of any hackney carriage, the fare allowed by any byelaw made
under this Act, such fare may, together with costs, be recovered
before a justice as a penalty; and any person using any hackney
carriage plying under a licence granted by virtue of this Act who
wilfully injures the same shall for every such offence be liable to
a penalty not exceeding five pounds, and shall also pay to the
proprietor of such hackney carriage reasonable satisfaction for the
damage sustained by the same; and such satisfaction shall be
ascertained by the justice before whom the conviction takes place,
and shall be recovered by the same means as the penalty.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 88
Penalty for refusing to pay the fare and for damaging carriage.

88. The [district council] may from time to time (subject to the
restrictions of this Act) make byelaws for all or any of the
purposes following; (that is to say,)

For regulating the conduct of the proprietors and drivers of hackney
carriages plying within such prescribed distance in their several
employments, and for regulating the conduct of the owners and
boatmen of boats plying for hire, and determining whether such
drivers and boatmen shall wear any and what badges, and for
regulating the hours within which they may exercise their calling:

For regulating the manner in which the number of each carriage,
corresponding with the number of its licence, shall be displayed:

For regulating the number of persons to be carried by hackney
carriages and boats, and in what manner such number is to be shown
on such carriage and boats, and what number of horses or other
animals is to draw such carriage, and the placing of check strings
to the carriages, and the holding of the same by the driver, and
how hackney carriages and boats are to be furnished or provided:

[Subject to the approval of the Department of the Environment as
road authority in relation to hackney carriages] for fixing the
stands of hackney carriages, and the distance to which they may be
compelled to take passengers, not exceeding such prescribed distance:

[Subject to the approval of the Department of the Environment as
road authority in relation to hackney carriages] for fixing the
rates or fares, as well for time as distance, to be paid for
hackney carriages and boats plying for hire for the carriage of
passengers within such prescribed distance, and for securing the due
publication of such fares:

For securing the safe custody and re-delivery of any property
accidentally left in hackney carriages and boats, and fixing the
charges to be made in respect thereof:

For licensing porters, and regulating their fares.

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 89
Byelaws for regulating hackney carriages, and boats plying for hire.

89. It shall be lawful for... constables to apprehend all such idle
and disorderly or drunken persons as they or any of them shall
find committing any breach of the peace or making any improper
noise or disturbance during the night, or during their watch, and
to detain any such persons till morning, and then, or if
apprehended by day, as soon as conveniently may be, to take such
person or persons before any justice of the peace for or acting in
the [district], to be dealt with according to law;....

And with respect to legal proceedings:

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 90
Powers of the constabulary force to arrest and detain disorderly
persons.

90. In all cases in which the amount of any damages, costs, and
expenses is by this Act directed to be ascertained or recovered in
a summary manner, the same may be ascertained by and recovered
before one or more justices, together with such costs of the
proceedings as the said justice or justices may think proper; ...;
and any penalty imposed by or under the authority of this Act, or
any byelaw made under this Act, the recovery whereof is not
otherwise expressly provided for, may, upon proof on oath of the
offence in respect of which the penalty is alleged to have been
incurred, be recovered before one or more justices, together with
such costs of the proceedings as they may think proper....

S.91 rep. by SLR 1973; 1979 NI19 art.19(2) sch.2; SLR 1980

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 92
Recovery of damages, penalties, &c.

92. No proceedings for the recovery of any penalty incurred under
the provisions of this Act shall be taken by any person, other
than by a party grieved, or the [district council, Department of
the Environment or Ministry of Home Affairs as the case may be],
without the consent in writing of Her Majesty's Attorney General
first had and obtained and no such penalty shall be recovered
unless proceedings for the recovery thereof shall have been commenced
within six calendar months after the commission or occurrence of the
offence upon which the penalty attaches ...; and notwithstanding the
liability of any person to any penalty under the provisions of this
Act, he shall be relieved from any other liability to which he
would have been subject if this Act had not been passed.

Ss.9396 rep. by 1893 c.61 s.2 sch.; SLR (NI) 1954; 1972 c.9 (NI)
s.149 sch.9; 1972 NI16 art.63(3) sch.19 Pt.I; SL(R) 1976. Ss.9799
rep. by 1855 c.40 s.1; SLR 1898; SLR (NI) 1954; 1972 c.9 (NI)
s.149 sch.9

TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 100
Proceedings for penalties.

100. This Act shall extend only to Ireland; and nothing herein
contained shall extend to or affect the cities of... Londonderry,
and town of Belfast.

Schedule (A) rep. by 1972 c.9 (NI) s.149 sch.9. Schedule (B) rep.
by 1898 c.37 s.110 sch.6 Pt.III. Schedule (C) rep. by SLR 1980

Extent of Act.