ALTERATION OF AREAS.

Alteration in the Area of Sanitary Authority.

The Local Government Board, by provisional order, may dissolve a local government district* and merge it in some other sanitary district or districts; they may also by provisional order declare a portion of a rural sanitary district immediately adjoining a local government district to be included in it, and the included portion will for sanitary purposes be deemed part of it. The remaining part will continue subject to the jurisdiction for sanitary purposes it would have been subject to if no order had been made, unless the Local Government Board by provisional order otherwise direct.

The provisional order may, if necessary, provide for the settlement of differences, or the adjustment of accounts or apportionment of liabilities arising between districts, parishes, or other places in consequence of the exercise of any of these powers; and it may direct the persons by whom and to whom money found to be due must be paid, and the mode of raising it. (35 & 36 Vict. c. 79. s. 22.)

See Powers of the Local Government Board, p. 104.

SPECIAL DRAINAGE DISTRICTS.

Special Drainage District may be formed.

The sanitary authority, with the consent of the Local Government Board, but not otherwise, may constitute any portion of the area within its jurisdiction a special drainage district. Such area then becomes a separate contributory placet. (35 & 36 Vict. c. 79. s. 25.)

Formation of Special Drainage Districts in certain Parishes.

Where part of a parish was at the time of the passing of the Sewage Utilization Act, 1867, subject to the jurisdiction of a local board, the portion of the parish which was not subject to the jurisdiction of a local board, is for the purposes of the Sewage Utilization Acts, deemed a special drainage district, unless the Secretary of State within 3 months after the passing of the Act otherwise directed. (30 & 31 Vict. c. 113. s. 7.)

Formation of Special Drainage Districts in Places with Undefined Boundaries by the Local Government Board.

Any inhabited place not having a known or defined boundary may petition the Local Government Board to settle its boundaries for the purposes of the Sewage Utilization Acts.

*For definition, see note on p. 1.

† See p. 7.

The petition must state the proposed boundaries of the district, and be signed by one tenth of the ratepayers resident within the boundaries, and must be supported by such evidence as the Board may require.

Upon the receipt of the petition the Board may direct inquiry to be made as to the genuineness of the petition, and as to the propriety of the proposed boundaries.

Fourteen days notice of the time, place, and subject of such inquiry must be given in the place to which it refers.

The Board may, upon consideration of the matter, either dismiss the petition altogether, or by order settle the boundaries. They may also make order as to the costs of the proceedings and the parties by whom they are to be borne.

From the date of the order the place is deemed to have been constituted a special drainage district for the purposes of the Sewage Utilization Acts.

A copy of the order of the Board must be published by affixing a notice of it to the church door of the parish in which the district is situate, or of the adjoining parish, if there be no church in such parish, and by advertisement in some newspaper published or circulating in the county in which the district is situate. (30 & 31 Vict. c. 113. s. 8.; 21 & 22 Vict. c. 98. s. 16.; 29 & 30 Vict. c. 90. s. 7.)

Certain Special Drainage Districts may be dissolved.

Where a special drainage district had been formed before the passing of the Public Health Act, 1872, under the Sewage Utilization Acts, but no works have been executed in it in respect of which a loan has been raised, such district may, by order of the Local Government Board, be dissolved. If works have been executed in it, in respect of which a loan has been raised, the Local Government Board may, by provisional order, dissolve the district and merge it in the parish or parishes in which it is situated.

The order 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. (35 & 36 Vict. c. 79. s. 23.)

See Powers of the Local Government Board, p. 104.

See also Rural Sanitary Districts and Authorities, p. 1 ; and Combination of Authorities and Union of Districts, p. 7.

COMBINATION OF AUTHORITIES AND UNION OF DISTRICTS.

Sanitary Authorities may combine.

Two or more sanitary authorities may combine together for the purpose of executing and maintaining any works under the Sewage Utilization Act, 1865, that may be for the benefit of their districts. The money they agree to contribute for the execution and maintenance of their common works is, in the case of each authority, deemed expenses incurred by them in the execution of works within their district, and must be raised accordingly. (28 & 29 Vict. c. 75. s. 9.)

See Rates and Expenses, p. 81. See also Officers, p. 11.

Where in any place two or more sanitary authorities have jurisdiction, the Local Government Board may by order direct them to act together for the purposes of the Diseases Prevention Act, and may prescribe the mode of joint action, and of defraying the costs of it. (29 & 30 Vict. c. 90. s. 40.)

UNION OF DISTRICTS UNDER THE PUBLIC HEALTH ACT, 1872. Formation of United District.

If it appears to the Local Government Board on the application of all or any of the sanitary authorities of any districts, and after due inquiry, that it would be for the advantage of the districts, or any of them, or of any contributory places in any rural sanitary districts, to be formed into a united district for any of the following purposes ;

(1.) The procuring a common supply of water; or

(2.) The making a main sewer or carrying into effect a system of sewerage for the use of all these districts or contributory places; or

(3.) For any other purposes of the Sanitary Acts† ;

the Local Government Board may, by provisional order, form these districts or contributory places into a united district. (35 & 36 Vict. c. 79. s. 26.)

Contributory Places.

The following areas in a rural sanitary district are contributory places for the purpose of the Public Health Act, 1872:(1.) Every parish not having part of its area within the limits of a special drainage district or of an urban sanitary district.

(2.) Every special drainage district.

* This expression includes Part I. of the Sanitary Act, 1866. (29 & 30 Vict. c. 90. 8. 3.)

+ For definition, see p. 12.

(3.) In the case of a parish wholly in a rural sanitary district and part of which forms or is part of a special drainage district, the portion of the parish not comprised within the special drainage district.

(4.) In the case of a parish a part of which is within an urban sanitary district, the portion of the parish not comprised within the urban sanitary district, or within a special drainage district. (35 & 36 Vict. c. 79. s. 17.)

Making the Provisional Order.

With regard to making a provisional order forming a united district:(1.) Notice of the provisional order must be published in some newspaper circulating in the district to which it relates, and in any other manner the Local Government Board direct.

(2.) Expenses incidental to the formation of a united district are, in the event of the united district being formed, a first charge on the rates leviable in the united district in pursuance of the Public Health Act, 1872.

(3.) The making of a provisional order is prima facie evidence that all the requirements of the Public Health Act, 1872, in respect of proceedings required to be taken previously to the making of the order have been complied with. (35 & 36 Vict. c. 79. s. 27.)

Authority in a United District

The governing body of a united district is a joint board consisting of the ex-officio members and the number of elective members the Local Government Board by the provisional order forming the district determine.

A joint board is a body corporate by the name determined by the provisional order, having a perpetual succession and a common seal, with power to acquire and hold lands for the purposes of its constitution, without any license in mortmain.

No act of a joint board can be questioned on account of vacancies therein.

No defect in the qualification or election of persons acting as members of a joint board is deemed to vitiate any proceedings in which they have taken part.

Minutes of proceedings at a meeting of a joint board, if signed either at the meeting at which the proceedings took place, or at the next meeting, by a person purporting for the time being to be the chairman of the board, are receivable in evidence in all legal proceedings without further proof. Until the contrary is proved every meeting of a joint board where minutes have been made is deemed duly convened and held, and all the members thereof duly qualified.

No member of a joint board by executing as member a contract or other instrument on behalf of the board, or otherwise exercising any powers given to the board, is subject individually to an action, prosecution, or other legal proceeding. A joint board may apply money from time to time coming into their hands for the purpose of paying the costs of legal proceedings or damages incurred in the exercise of their powers.

But this does not exempt a member from liability to be surcharged for any payment disallowed by the auditor which he joined in authorising. (35 & 36 Vict. c. 79. s. 28.)

Powers and Constitution of Joint Board.

The provisional order forming a united district must define the purposes for which the united district is formed, and the powers, duties, and liabilities, under the Sanitary Acts* of the joint board. It must contain regulations as to the qualification and mode of election of elective members of the board, as to their continuance in office, as to casual vacancies in the board, as to its meetings and officers, and any other matter including the adjustment of present and future liabilities and property with respect to which the Local Government Board think fit to make regulations for the better carrying into effect these provisions with respect to united districts.

Upon the constitution of a joint board the sanitary authorities having jurisdiction in the component districts or contributory places will cease to exercise therein the powers or to perform the duties, or to be subject to the liabilities which the joint board is authorised to exercise or perform, or is made subject to. But the joint board may delegate to the sanitary authority of a component district the exercise of any of its powers or the performance of any of its duties. (35 & 36 Vict. c. 79. s. 29.)

See also Sewers and Drains, p. 22; and Rates and Expenses,

p. 84.

UNION OF DISTRICTS UNDER THE SEWAGE UTILIZATION ACTS.

Constitution of Joint Sewerage District.

Where it appears to the sanitary authority that it would be for the advantage of its district and of any district or districts adjoining or lying within the same drainage area, or otherwise conveniently situate, that all such districts should be formed into a united district for all or any of the purposes of the Sewage Utilization Acts, 1865† and 1867, such sanitary authority may, with the consent of the sanitary authority of every district affected, apply to the Local Government Board for an order