VIII. And be it declared and enacted, That it shall be lawful for the With respect General Board of Health to grant their Consent to the borrowing or to the Approval of the taking up at Interest of any Sum or Sums of Money upon the Credit General of the Rates authorized to be made and collected under the Public Board to the Mortgage of 5 Health Act, 1848, either absolutely or upon such Conditions with Rates, &c. respect to the Expenditure of the Money to be so borrowed or taken up, and with respect to the Works, Matters, and Things for or in respect of which such Money shall be expended, and as to the Time within which such Money shall be repaid, as to the said General 10 Board, after Inquiry and Report by a superintending Inspector, shall think fit. CLAUSE E. Provisional both Houses IX. And be it enacted, That every Provisional Order issued by the Printed General Board of Health relating to any City, Borough, or Place Copies of which shall be included under or enumerated in the Schedule of any Orders to be 15 Bill for confirming certain Provisional Orders of the General Board of delivered to Health, shall be printed, and printed Copies thereof shall be delivered of Parliato the Doorkeepers of both Houses of Parliament, for the Use of ment. the Members of such House respectively, before the First Reading of such Bill. 20 X. And be it declared and enacted, That the Expression "Cor- Construction porate Borough" whenever used in the Public Health Act, 1848, of certain Expressions shall be construed to include any City, Borough, Port, Cinque Port, used in the or Town Corporate named in the Schedules annexed to an Act Public passed in the Sixth Year of the Reign of King William the Fourth, 1848. 25 intituled "An Act to provide for the Regulation of Municipal Cor porations in England and Wales," and to any City, Borough, Port, Cinque Port, or Town Corporate incorporated by Charter granted or to be granted in pursuance of that or any subsequent Act; and the Word "Burgesses" wherever used in the said Public Health Act 30 shall be construed to mean Citizens in the Case of a City. XI. And be it enacted, That this Act shall be deemed to be incorporated with the Public Health Act, and shall be as if this Act and the said Public Health Act were One Act. Health Act, Act incorporated with Public Health Act, 1848. XII. And be it enacted, That in citing this Act in any other Act Short Title 35 of Parliament, or in any Proceeding, Instrument, or Document what- of this Act. soever, it shall be sufficient to use the Words and Figures "The Public Health Supplemental Act, 1849." XIII. And be it enacted, That this Act may be amended or repealed Act may be by any Act to be passed in the present Session of Parliament. amended, &c. 545. SCHE SCHEDULE to which this Act refers. PROVISIONAL ORDERS of the GENERAL Board of HEALTH, submitted for A BILL ΤΟ Amend the Procedure in Courts of General and [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] W HEREAS, in Cases of Appeal to Courts of General or Preamble. Notice of Law should be more uniform: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and 5 Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in every Case of Appeal (except as herein-after mentioned) Uniformity to any Court of General or Quarter Sessions of the Peace, Fourteen of Time for clear Days Notice of Appeal at least shall be given; and such shall Appeal. 10 be sufficient Notice, any Act or Acts, or any Rule or Practice of any Court or Courts, to the contrary notwithstanding; and such Notice Notice of of Appeal shall be in Writing, signed by the Person or Persons giving Appeal to be in Writing, the same, or by his, her, or their Attorney on his, her, or their and signed. Behalf; and the Grounds of Appeal shall be specified in every such Grounds of 15 Notice: Provided always, that it shall not be lawful for the Ap- Appeal to pellant 323. Α be stated. Defects in Statement of Grounds of Appeal. pellant or Appellants, on the Trial of any such Appeal, to go into or give Evidence of any other Ground of Appeal besides those set forth in such Notice. II. And whereas a Statement of the Grounds of Appeal is required to be communicated for the Purpose of enabling the Party receiving it 5 to inquire into the Subject of such Statement, and, if need be, to prepare for Trial: Be it therefore enacted, That upon the Hearing of any Appeal to any Court of General or Quarter Sessions of the Peace no Objection on account of any Defect in the Form of setting forth any Ground of Appeal shall be allowed, and no 10 Objection to the Reception of legal Evidence offered in support of any Ground of Appeal shall prevail, unless the Court shall be of opinion that such Ground of Appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the Party receiving the same to inquire into the Subject of such Statement, and to prepare for Trial: 15 Amendment Provided always, that in all Cases where the Court shall be of opinion of Grounds of Appeal. that any Objection to any Ground of Appeal, or to the Reception of Evidence in support thereof, ought to prevail, it shall be lawful for such Court, if it shall so think fit, to cause any such Ground of Appeal to be forthwith amended by some Officer of the Court, or 20 otherwise, on such Terms as to Payment of Costs to the other Party, or postponing the Trial to another Day in the same Sessions or to the next subsequent Sessions, or both Payment of Costs and Postponement, as to such Court shall appear just and reasonable. Frivolous Sessions to have a general Power to give Costs in all Cases of Appeal. III. And be it enacted, That if in any Notice of Appeal the Appel- 25 lant or Appellants shall have included any Ground or Grounds of Appeal which shall in the Opinion of the Court determining the Appeal be frivolous or vexatious, such Appellant or Appellants shall be liable, at the Discretion of the said Court, to pay the whole or any Part of the Costs incurred by the Respondent or Respondents in dis- 30 puting any such Ground or Grounds of Appeal, such Costs to be recoverable in the Manner herein-after directed as to the other Costs incurred by reason of such Appeal. IV. And be it enacted, That upon any Appeal to any Court of General or Quarter Sessions of the Peace the Court before 35 whom the same shall be brought may, if it think fit, order and direct the Party or Parties against whom the same shall be decided to pay to the other Party or Parties such Costs and Charges as may to such Court appear just and reasonable, such Costs to be recoverable in the Manner provided for the Recovery of Costs 40 upon an Appeal against an Order or Conviction by an Act passed 11 & 12 Vict. in the Twelfth Year of Her Majesty's Reign, intituled "An Act c. 43. s. 27. 66 to "to facilitate the Performance of the Duties of Justices of the Peace "out of Sessions within England and Wales with respect to sum mary Convictions and Orders." V. And for the more effectual Prevention of frivolous Appeals, be it Frivolous Appeals. 5 enacted, That any Court of General or Quarter Sessions of the Peace, upon Proof of Notice of any Appeal to the same Court having been given to the Party or Parties entitled to receive the same, though such Appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same Sessions for which such Notice was given, order to the 10 Party or Parties receiving the same such Costs and Charges as by the said Court shall be thought reasonable and just to be paid by the Party or Parties giving such Notice, such Costs to be recoverable in the Manner last aforesaid. Orders of VI. And be it enacted, That none of the Provisions herein-before Act not to affect Ap15 contained shall be construed to affect or alter the present Law peals against relating to any Appeal against an Order of Removal, or against an Orders of Order in Bastardy, or against any Proceeding under or by virtue of Removal, any of the Statutes relating to Her Majesty's Revenue of Excise or Bastardy, &c. Customs, Stamps, Taxes, or Post Office, but the Law with regard 20 to all such Appeals shall be deemed and taken to be the same as if the Provisions herein-before contained had not been enacted. of Orders of Appeal or Return to VII. And whereas in many Cases where Justices of the Peace are by Amendment Law empowered to make Orders great Expense and frequent Failures Justices on of Justice have been occasioned by reason that such Orders have, on 25 Appeal to the General or Quarter Sessions of the Peace, or on Removal by Certiorari into the Court of Queen's Bench, been quashed or set aside upon Exceptions or Objections to the Form of the Order, irrespective of the Truth and Merits of the Matters in question: For Remedy thereof be it enacted, That if upon the Trial of any Appeal 30 to any Court of General or Quarter Sessions of the Peace against any Order made by any Justice or Justices of the Peace, or if upon the Return to any Writ of Certiorari, any Objection shall be made on account of any Omission or Mistake in the drawing up of such Order, and it shall be shown to the Satisfaction of the Court that sufficient 35 Grounds were in Proof before the Justice or Justices making such Order to have authorized the drawing up thereof free from the said Omission or Mistake, it shall be lawful for the Court, upon such Terms as to Payment of Costs as it shall think fit, to amend such Order, and to adjudicate thereupon as if no such Omission or Mistake 40 had existed: Provided always, that no Objection on account of any Rule for CerOmission or Mistake in any such Order brought up upon a Return Objections to a Writ of Certiorari shall be allowed unless such Omission or 323. Mistake tiorari tostate |