forming such districts into one district; and the Board, if satisfied of the expediency of such union of districts, may make an order accordingly. (30 & 31 Vict. c. 113. s. 10.) Advertisement of Intention to apply for the Order. The intention of the sanitary authority to apply to the Local Government Board for an order forming a united district under the Sewage Utilization Acts must be advertised in some newspaper circulating within the area of the proposed district, once at least in each of the three weeks before the application is made. (30 & 31 Vict. c. 113. s. 11.) Constitution of Joint Sewerage Board. A united district is subject to the jurisdiction of a joint sewerage board, consisting of members elected by each of the sanitary authorities of the component districts in the manner determined by the Local Government Board. A joint sewerage board is a body corporate, with perpetual succession and a common seal, having a capacity to acquire and hold lands for all or any of the purposes of the Sewage Utilization Acts, 1865 and 1867. The first meeting of a joint sewerage board must be held in the manner and at the time determined by the Local Government Board, and "the rules as to proceedings of drainage boards" in Part II. of the schedule to the Land Drainage Act, 1861, apply to a joint sewerage board. (30 & 31 Vict. c. 113. s. 12.) * Powers of Joint Sewerage Board. The joint sewerage board have, in the united district, all the same powers, except the power of levying a rate, and are subject to the same obligations, so far as relate to the purposes of their constitution, as if they were the only sanitary authority of that district. The joint board may, however, delegate to the sanitary authority of a component district such powers of superintendence or otherwise within their own district as the joint board think fit. (30 & 31 Vict. c. 113. s. 13.) See also Rates and Expenses, p. 85. *24 & 25 Vict. c. 133. OFFICERS. Medical Officers of Health and Inspectors of Nuisances. The sanitary authority must appoint from time to time one or more medical officers of health (being legally qualified medical practitioners), one or more inspectors of nuisances, a clerk, and a treasurer, and such other officers and servants as may be necessary for the efficient execution of the purposes of the Sanitary Acts.* The appointments of medical officers of health and inspectors of nuisances first made after the passing of the Public Health Act, 1872, must be for a period not exceeding 5 years. The Local Government Board have the same powers as they have in the case of a district medical officer of a union with regard to the qualification, appointment, duties, salary, and tenure of office of a medical officer of health or other officer of a sanitary authority, any portion of whose salary is paid out of moneys voted by Parliament. See Regulations as to Sanitary Officers, Appendix, p. 119. The same person may, with the sanction of the Board, be appointed the medical officer of health or the inspector of nuisances for two or more sanitary districts, by the joint or several appointment of the sanitary authorities of the districts. A district medical officer of a union may be appointed a medical officer of health with the sanction of the Board. A medical officer of health may exercise any of the powers with which an inspector of nuisances is invested by any of the Sanitary Acts.* (35 & 36 Vict. c. 79. s 10.; 23 & 24 Vict. c. 77. s. 9.) Clerk and Treasurer. The clerk and treasurer of the union are the clerk and treasurer of the rural sanitary authority having jurisdiction in the union, but there may be awarded to the clerk and treasurer, in respect of their additional duties under the Sanitary Acts,* such remuneration as the sanitary authority may, with the approval of the Local Government Board, determine. (35 & 36 Vict. c. 79. s. 12.) *For definition, see p. 12. POWERS OF RURAL SANITARY AUTHORITIES. Subject to the provisions of the Public Health Act, 1872, and from the first meeting* of the rural sanitary authority in pursuance of that Act there were transferred to them to the exclusion of any other authority which previously exercised or were subject to the same;-All the powers, rights, duties, liabilities, and obligations within their district exerciseable by or attaching to, the sewer authority under the Sewage Utilization Acts, by and to the nuisance authority under the Nuisances Removal Acts, and by and to the local authority under the Common Lodging Houses Acts, the Diseases Prevention Act, and the Bakehouse Regulation Act, or by any Act amending such Acts. (35 & 36 Vict. c. 79. s. 8.) By "Sewage Utilization Acts" are here meant,— 28 & 29 Vict. c. 75. 29 & 30 Vict. c. 90. 30 & 31 Vict. c. 113. 31 & 32 Vict. c. 115. 32 & 33 Vict. c. 100. 33 & 34 Vict. c. 53. By "Nuisance Removal Acts" are here meant,† 18 & 19 Vict. c. 121. By "Common Lodging Houses Acts" are here meant,— 14 & 15 Vict. c. 28. 16 & 17 Vict. c. 41. By "Diseases Prevention Act" is here meant, By "Bakehouse 18 & 19 Vict. c. 116. as amended by Regulation Act" is here meant,— 26 & 27 Vict. c. 40. The expression " Sanitary Acts," includes all the above statutes, and also the "Local Government Acts," viz. : 11 & 12 Vict. c. 63. 21 & 22 Vict. c. 98. 24 & 25 Vict. c. 61. And any enactments amending the same; *The Public Health Act, 1872, directs the first meeting of a sanitary authority under it to be held within 28 days after the passing of the Act (10th Aug. 1872), or at some other time to be directed by order of the Local Government Board. (35 & 36 Vict. c. 79. s. 6.) Wherever else in this digest the Nuisances Removal Acts are referred to, 18 & 19 Vict. c. 121., 23 & 24 Vict. c. 77., 26 & 27 Vict. c. 117., 29 & 30 Vict. c. 41., and 29 & 30 Vict. c. 90., Part II. are meant. The "Artizans and Labourers Dwellings Act," viz.: 31 & 32 Vict. c. 130. The "Baths and Wash-houses Acts," viz.: 9 & 10 Vict. c. 74. 10 & 11 Vict. c. 61. The "Labouring Classes Lodging Houses Acts," viz. : 14 & 15 Vict. c. 34. 29 & 30 Vict. c. 28. 30 & 31 Vict. c. 28. And the "Public Health Act," 1872, viz.: 35 & 36 Vict. c. 79. The provisions of these statutes with respect to rural sanitary authorities will be found under the different headings in this digest. Cumulative Clauses. All powers given by the Sewage Utilization Act, 1865; the Sanitary Act, 1866; the Sewage Utilization Act, 1867; the Sanitary Act, 1868; and the Public Health Act, 1872, are deemed to be in addition to and not in derogation of any other powers conferred by Act of Parliament, law, or custom, and such other powers may be exercised as if that Act had not passed. (28 & 29 Vict. c. 75. s. 13. ; 29 & 30 Vict. c. 90. s. 55.; 30 & 31 Vict. c. 113. s. 19.; 31 & 32 Vict. c. 115. s. 9.; 35 & 36 Vict. c. 79. s. 59.) Transfer of Property to Sanitary Authority. From the first meeting of the sanitary authority, all such property, real and personal, including all interest, easements, and rights in and to property (including things in action), as belongs to or would but for the Public Health Act, 1872, have belonged to any authority whose powers, rights, duties, liabilities, and obligations are transferred to the sanitary authority, have, so far as the property is applicable to the purposes of their powers, rights, duties, liabilities, or obligations passed to the sanitary authority, subject to all liabilities and obligations affecting the property transferred. Liabilities and obligations incurred in respect of property thus transferred may be enforced against the sanitary authority to the extent, and in the manner they might have been enforced against the authority from which the transfer has taken place. This last authority is deemed discharged from these liabilities and obligations. Property thus transferred to a sanitary authority must be held by them upon trust for the district or several parishes or places within their jurisdiction to which it belonged, or for the benefit of which it was held previously to its transfer. (35 & 36 Vict. c. 79. s. 9.) Upon the application of an authority from whom or to whom powers, rights, duties, liabilities, obligations, and property, or any of them are thus transferred, or alleged to be transferred, or of any person affected by the transfer, the Local Government Board may by order settle any doubt or difference and adjust any accounts arising out of these powers, &c., or the transfer of them. They may direct the parties by whom and to whom money found to be due is to be paid, and the mode of raising the money. Any provisions contained in an order so made are deemed within the powers thus conferred, subject to this proviso, that where the order directs a rate to be made or anything to be done which the party required to do it would not, apart from the provisions of the Public Health Act, 1872, have been enabled to do by law, the order is provisional only until it has been confirmed by Parliament. (35 & 36 Vict. c. 79. s. 39.) See Powers of the Local Government Board, p. 104. Rural Sanitary Authority may be invested with Powers of Urban Sanitary Authority. The Local Government Board may, on the application of the authority of a rural sanitary district, or of one tenth of the persons rated to the relief of the poor in it, or in a contributory place* in it, by order published in the London Gazette, or in such other manner as the Board may direct, invest the sanitary authority with all or any of the powers, rights, duties, liabilities, and obligations of an urban sanitary authority. Such investment, may be made either unconditionally or subject to any conditions specified by the Board as to the time, portion of its district, or manner during, at, and in which such powers, rights, duties, liabilities, and obligations must be exercised and attach. But an order of the Local Government Board made in pursuance of an application from one tenth of the persons rated to the relief of the poor in a contributory place does not investthe sanitary authority with any new powers beyond the limits of such contributory place. (35 & 36 Vict. c. 79. s. 23.) * See p. 7. |