act and any act amending it, as if the Public Health Act, 1872, had not passed. But the local government board may by provisional order dissolve the district or invest the authority of it with any powers, rights, duties and obligations, exerciseable by a sanitary authority under the sanitary acts (h). A collegiate or other corporate body required or authorized by act of parliament to divert its sewers or drains from a river, or to construct new sewers, and any public department of the government, has the same powers and is subject to the same obligations under the Sewage Utilization Act, 1867, as if the Public Health Act, 1872, had not passed (i). Nothing in or done under the Public Health. Act, 1872, affects any outfall or other works of the metropolitan board of works (although beyond the metropolis) executed under the Metropolis Management Act, 1855, and the acts amending or extending it, or prejudicially affects any right or privilege of the metropolitan board of works (j). When a borough comprises or is co-extensive in area with the whole of an improvement act district, the local government board may, by provisional order, dissolve the district and transfer to (h) 35 & 36 Vict. c. 79, s. 58. (j) Ibid. c. 39, s. 57. the council of the borough the jurisdiction and powers of the improvement commissioners (k). An order made in pursuance of any of these powers may, if necessary, provide for the settlement of differences, or the adjustment of accounts or apportionment of liabilities arising between districts or places in consequence of the exercise of any of these powers, and it may direct the persons by and to whom money found to be due is to be paid, and the mode of raising it. Where a local government district is diminished or increased in extent under these powers, the provisional order must prescribe the number of members to be elected for the altered district (1). In a district comprising the whole of a corporate borough and also a part not within the boundaries of the borough, the mayor for the time being of the borough and the number of other persons fixed by a provisional order of the general board of health as the number to be selected by the town council out of their number, or from persons qualified to be councillors of the borough, are, when selected by the council, together with the number of persons elected in respect of the non (k) 35 & 36 Vict. c. 79, s. 22. corporate parts, the local board of health for the district (m). In a district comprising the whole of a corporate borough and also a part not within the boundaries of the borough, the number of qualified persons fixed by the provisional order to be elected for the part outside the borough must from time to time be elected in the manner and by the owners of property and ratepayers provided by the Public Health Act, 1848, and together with the persons selected in respect of the corporate parts of the district they are the local board of health for the district. In a district to which the Public Health Act, 1848, has been applied by an order in council, the number of qualified persons fixed by the order must be elected in the manner and by the owners of property and ratepayers mentioned above, and they are the local board of health for the district. In a district which does not comprise the whole of a corporate borough, and to which the Public Health Act, 1848, has been applied by authority of parliament, the number of qualified persons fixed by a provisional order of the general board of health must be elected in the manner and by (m) 11 & 12 Vict. c. 63, s. 12. the owners of property and ratepayers provided by that act, and they are the local board of health for the district (n). If a corporate borough is included only for the purposes of sewerage in a district comprising a part not within the boundaries of the borough, and this part is constituted a district for any other purposes of the Public Health Act, 1848, the persons elected for the sewerage district are, for the separate district within which they have been elected, the local board of health (o). Each person selected by the council out of their own number is a member of the local board so long as he continues without re-election to be a member of the council and no longer. Each person selected by the council otherwise than out of their own number is a member of the local board for one year from the date of his selection and no longer. In case of a vacancy in the number selected, some other person must be selected within one month by the council by whom the person causing the vacancy was selected. The meeting of the council at which (n) 11 & 12 Vict. c. 63, s. 13. (0) Ibid. s. 15. a selection is made is deemed a meeting held in pursuance of 5 & 6 Will. 4, c. 76 (p). The local government board consists of a president appointed by the queen, and of the following ex officio members, viz.: the lord president of the privy council, all the principal secretaries of state for the time being, the lord privy seal, and the chancellor of the exchequer. The board may adopt an official seal, and any act to be done or instrument executed by the board may be done or executed in the name of the board by the president or any member, or by a secretary or assistant, if authorized by any general order of the board (q). The powers of the secretary of state and of the privy council under the following acts are transferred to the local government board (r):-9 & 10 Vict. c. 74; 10 & 11 Vict. c. 34; 10 & 11 Vict. c. 61; 11 & 12 Vict. c. 63; 21 & 22 Vict. c. 98; 24 & 25 Vict. c. 61; 26 & 27 Vict. c. 17; 28 & 29 Vict. c. 75; 29 & 30 Vict. c. 90; 30 & 31 Vict. c. 113; 31 & 32 Vict. c. 115; 31 & 32 (p) 11 & 12 Vict. c 63, s. 12. |