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Overseers of the Poor of the Parish in which the Offence shall have been
committed, to be applied in aid of the Poor's Rate of such Parish, or if the
Place wherein the Offence shall have been committed shall be extra-parochial,
then such Justices shall direct such Remainder to be applied in aid of the
Poor's Rate of such extra-parochial Place, or, if there shall not be any Poor's
Rate therein, in aid of the Poor's Rate of any adjoining Parish or District.
Section CLIX.
Provided always, and be it enacted, that notwithstanding anything herein or
in the special Act, or any Act incorporated therewith, contained every penalty
or forfeiture imposed by this or the Special Act or any Act incorporated
therewith, or by any byelaw in pursuance thereof, in respect of any offence
which shall take place within the metropolitan police district, shall be recovered,
enforced, accounted for, and, except where the application thereof is otherwise
specially provided for, shall be paid to the receiver of the metropolitan police
district, and shall be applied, in the same manner as penalties or forfeitures
other than fines upon drunken persons, or upon constables for misconduct, or
for assaults upon police constables, are directed to be recovered, enforced,
accounted for, paid and applied by an Act passed in the third year of
the reign of her present Majesty, intituled " An Act for regulating the
police courts in the metropolis" ; and every order or conviction of any
of the police magistrates in respect of any such forfeiture or penalty
shall be subject to the like appeal, and upon the same terms, as is provided
in respect of any order or conviction of any of the said police magistrates by
the said last-mentioned Act; and every magistrate by whom any order or conviction
shall have been made shall have the same power of binding over the
witnesses who shall have been examined, and such witnesses shall be entitled
to the same allowance of expenses, as he or they would have had or been
entitled to in case the order, conviction, and appeal had been made in pursuance
of the provisions of the said last-mentioned Act.
The Regulation of Railways Act, 1868 (31 & 32 Vic., Ch. 119).
Section 19.
Where proceedings are taken against a Company using a locomotive steam
engine on a railway on account of the same not consuming its own smoke, then
if it appears to the Justices before whom the complaint is heard that the engine
is constructed on the principle of consuming its own smoke, but that it failed
to consume its own smoke, as far as practicable, at the time charged in the
complaint through the default of the Company, or of any servant in the
employment of the Company, such Company shall be deemed guilty of an
offence under the Railways Clauses Consolidation Act, 1845, Section 114.
Section 40.
Every penalty imposed by this Act shall be recovered and applied in the
same manner as penalties imposed by the Railways Clauses Consolidation Act,
1845, and the Railways Clauses Consolidation (Scotland) Act, 1845 (as the
case may require), are for the time being recoverable and applicable.
Effluvia.— There are only two places in which trades classed statutorily as
"noxious trades" are carried on in St. Pancras, but there are numerous places
in which fish frying, rag and bone storing, and smoke curing are carried on,