RURAL SANITARY DISTRICTS AND AUTHORITIES. RURAL sanitary districts consist of rural poor law unions* in England,† with the exception of the metropolis,‡ and of those portions of any union which are included in urban sanitary districts. The guardians of the union form the rural sanitary authority; but (1.) An elective guardian of any parish belonging to the union, or forming or being wholly included within an urban sanitary district cannot act or vote as a member of the rural sanitary authority. (2.) An ex officio guardian resident in any parish or part of a parish belonging to the union, and forming or being situate within an urban sanitary district is prevented from acting or voting as a member of the rural sanitary authority unless he is the owner or occupier of property in the rural sanitary district, of a value sufficient to qualify him as an elective guardian of the union (35 & 36 Vict. c. 79. s. 5.) * A rural union means any union which is not coincident in area with an urban sanitary district, nor wholly included in an urban sanitary district. (35 & 36 Vict. c. 79. s. 5.) †The term England includes Wales. (20 Geo. 2. c. 42. s. 3.) By the metropolis is here meant "all parishes and places in which the Metro"politan Board of Works have power to levy a main drainage rate." (35 & 36 Vict. c. 79. s. 60.) § Urban sanitary districts consist of the following places: (1.) Boroughs (i.e., places subject to statute 5 & 6 Will. 4. c. 76., and any (2.) Improvement Act Districts (i.e., areas subject to the jurisdiction of com- 31415. A Wards. Where part of a parish* belonging to a rural union† forms, or is situated in, an urban sanitary district, the Local Government Board may, by order, divide the parish into separate wards and determine the number of guardians ‡ to be elected by such wards respectively, so as to provide for the due representation of the part of the parish lying within the rural sanitary district. Until such order has been made the guardian or guardians of the parish may act and vote as members of the rural sanitary authority, as if no part of the parish was situated in an urban sanitary district. (35 & 36 Vict. c. 79. s. 5.) Saving Provisions. Where a district has been constituted in pursuance of the provisions of the Public Health Act, 1848, for the purposes of main sewerage only, the authority of that district have the same powers, and are subject to the same obligations under that 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. (35 & 36 Vict. c. 79. s. 58.) A collegiate or other corporate body required or authorised 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. (35 & 36 Vict. c. 79. s. 56.) 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 affect any right or privilege of the Metropolitan Board of Works. (35 & 36 Vict. c. 39. s. 57.) Sanitary Committee. A rural sanitary authority may, at any meeting specially convened for the purpose, delegate for the current year of their office all their powers to a committee consisting wholly of their own members. One third at least of the committee must consist of ex-officio guardians, but in case an adequate number of ex-officio guardians does not exist, then the number wanting must be made up of elected guardians. The committee have the powers vested by the Public Health *"Parish means a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed. "Union" means a union of parishes incorporated or united for the relief or maintenance of the poor under any public or local Act, and includes any parish subject to the jurisdiction of a separate Board of Guardians. "Guardians means any persons or body of persons by whom the relief of the poor is administered in any union. (35 & 36 Vict. c. 79. s. 60.) Act, 1872, in the rural sanitary authority by which they were formed, and they are deemed during the year of office above mentioned the rural sanitary authority of the district. (35 & 36 Vict. c. 79. s. 13.) Parochial Committee. A rural sanitary authority (including any committee formed as above mentioned) may at any meeting specially convened for the purpose, form for any parish or contributory place within their district a parochial committee consisting wholly of members of the sanitary authority or committee, or partly of such members and partly of such other persons contributing to the rate levied for sanitary purposes in the parish or contributory place, and qualified in such other manner (if any) as the authority forming the parochial committee determine. A parochial committee is subject to any regulations and restrictions imposed by the authority which formed them. But no jurisdiction can be given to a parochial committee beyond the limits of the parish or contributory place for which they are formed; and no powers can be delegated to a parochial committee, except powers which the rural sanitary authority could exercise within the parish or contributory place. A rural sanitary authority (including any committee formed as above mentioned) may from time to time add to or diminish the number of the members or otherwise alter the constitution of any parochial committee formed by them, or dissolve any parochial committee. A parochial committee are deemed the agents of the authority which formed them, and the appointment of such committee does not relieve that authority from any obligation imposed on them by Act of Parliament or otherwise. (35 & 36 Vict. c. 79. s. 13.) Proceedings of Committees. A committee may elect a chairman of their meetings. If no chairman is elected, or if the chairman elected is not present at the time appointed for holding the meeting, the members present must choose one of their number to be chairman of such meeting. A committee may meet and adjourn as they think proper. The quorum of a committee consists of the number of members prescribed by the authority that appointed the committee, or, if no number is prescribed, of three members. Every question at a meeting must be determined by a majority of votes of the members present and voting on that question; and in case of an equal division of votes, the chairman has a second or casting vote. The proceedings of a committee are not invalidated by any vacancies amongst their members. (35 & 36 Vict. c. 79. s. 13.) Local Government Board may constitute Urban Sanitary Districts. The Local Government Board may, by provisional order, declare any rural sanitary district, or any portion of any rural sanitary district or districts, to be an urban sanitary district. Upon such order being confirmed by Parliament, the district, or portion of the district or districts referred to in it becomes. a local government district,* and is subject to the jurisdiction of a local board, and the expenses incurred by such board in the performance of their duties under the Sanitary Acts must be defrayed in manner provided by the Local Government Acts. (35 & 36 Vict. c. 79. s. 24.) See also Alteration of Areas, p. 5; Combination of Authorities and Union of Districts, p. 7; and Port Sanitary Authorities, p. 100. In what follows, rural sanitary authorities alone are dealt with. *For definition, see note on p. 1. |