LOCAL ACTS.

Where in any local Acts the consent, sanction, or confirmation of one of Her Majesty's Principal Secretaries of State is required with respect to the borrowing of money, to the giving effect to byelaws, or to the appointment of officers for sanitary purposes, the consent, sanction, or confirmation of the Local Government Board is, since the passing of the Public Health Act, 1872, required instead of that of the Secretary of State.

If any question arises as to what are sanitary purposes within the meaning of this provision, the determination of the Local Government Board is conclusive. (35 & 36 Vict. c. 79. s. 34.)

Repeal and Alteration of Local Acts.

The Local Government Board may, on the application of the sanitary authority of any district, by provisional order, wholly or partially repeal, alter, or amend any local Acts, other than Acts for the conservancy of rivers in force in the district, which do not confer powers or privileges upon corporations, companies, or individuals for their own pecuniary benefit, and which relate to the same subject matters as the Sanitary Acts.*

See Powers of the Local Government Board, p.

Compensation to Officers.

If an officer of any trustees, commissioners, or other body of persons entrusted with the execution of a local Act, is in pursuance of a provisional order or of the Public Health Act, 1872, removed from office, or deprived of the whole or part of the emoluments of his office, and is not employed in an office of equal value by the authority of any sanitary district, the Local Government Board may by order award him the compensation they think just. The compensation may be by way of annuity or otherwise, and must be paid by the authority of the sanitary district in which the officer held office out of any rates applicable to sanitary purposes within that district. (35 & 36 Vict. c. 79. s. 33.)

As to proceedings under Local Acts, see Legal Proceedings,

p. 72.

* For definition, see p. 12.

APPENDIX.

FORMS.

UNDER THE LOCAL GOVERNMENT ACTS.

No. 1.

Form of Mortgage of Rates.

By virtue of the Public Health Act, 1848, [insert description of sanitary authority] in consideration of the sum of paid to the treasurer of the said district by A.B. of

for the purposes of the said Acts, do grant and assign unto the said A.B., his executors, administrators, and assigns, such proportion of the rates arising or accruing by virtue of the said Act from [the rates mortgaged] as the said sum of

doth or shall bear to the whole sum which is or shall be borrowed upon the credit of the said rates, to hold to the said A.B., his executors, administrators, and assigns, from the day of the date hereof until the said sum of with interest

at the rate of

per centum per annum for the same, shall be fully paid and satisfied: And it is hereby declared that

the said principal sum shall be repaid on the

at [place of payment]. Dated this

thousand eight hundred and

(11 & 12 Vict. c. 63. Sch. B.)

day of

day of

one

hereby transfer to the said C.D., his executors, administrators, and assigns, a certain mortgage bearing date the day of and made by [insert description of sanitary authority] for securing the sum of and interest thereon at per centum per annum [or if such transfer be by endorsement on the mortgage, insert, instead of the words immediately following the word"assigns," the within security], and all my right, estate, and interest in and to the money thereby secured, and in and to the rates thereby assigned. In witness whereof I have hereunto set my hand and seal, this one thousand eight hundred and

(11 & 12 Vict. c. 63. Sch. C.)

See Borrowing Powers, p 94.

day of

A.B. (L.S.)

No. 3.

Form of Distress Warrant.

To A.B., collector of rates, and to all constables and peace officers.

to wit.

County of WHEREAS complaint hath been duly made by [or Borough, &c.] A.B., one of the collectors for the district of under and by virtue of the Public Health Act, 1848, that C.D. of, &c., hath not paid and hath refused to pay the sum of duly assessed upon him

in and by a certain rate bearing date on or about the day of in the year of our Lord one thousand eight hundred and , although the same bath been duly demanded of him: And whereas it appears to me E.F., Esquire, one of Her Majesty's justices of the peace in and for the said county [or borough, &c.], as well upon the oath of the said A.B. as otherwise, that the said sum of

hath been duly demanded in writing by him from the said C.D., and that the said hath refused to pay the same for the space of fourteen days after such demand made, and doth refuse to pay the same: And whereas the said C.D. hath been duly summoned to appear before me to show cause why the said sum should not be paid by him, and not having shown to me any sufficient cause why the same should not be paid, these are therefore, in Her Majesty's name, to command you to levy the said sum of and also the sum of the costs of proceeding to obtain this warrant, by distress and sale of the goods and chattels of the said C.D., and your reasonable charges of taking, keeping, and selling the said distress, rendering to him the overplus (if any), on demand; and if sufficient distress cannot be found of the goods and chattels of the said C.D., that then you certify the same to me, together with this warrant, to the end that such further proceedings may be had therein as to the law doth appertain.

Given under my hand and seal, the

in the year of our Lord

(11 & 12 Vict. c. 63. Sch. D.)

day of

See Waterclosets, Privies, Cesspools, and Ashpits, p. 33.

No. 4.

Grant of Rentcharge.

By virtue of the Public Health Act, 1848, the [insert description of sanitary authority] do hereby declare and absolutely order that the inheritance of the [dwelling-house, shop, lands, and premises, as the case may be], situate in street, in the parish of

now in the occupation of

within the said district, and shall be absolutely charged

with the sum of of

pounds, paid by

for the improvement by drainage and water supply [as the case may be] of the same dwelling-house, shop, lands, and premises [as the case may be], together with interest for the same from the date hereof at pounds per centum per annum, until full payment thereof, and also all costs incurred by the said his executors, administrators, or assigns, under his security, shall be fully paid and satisfied: And we hereby further declare that the said principal and interest monies shall be paid and payable by the owner or occupier of the said premises to the said his executors, administrators, and assigns, in manner following; (that is to say,) the interest on such principal pounds, or on so much thereof as shall from time to time remain due and payable under this order, shall be paid and payable by equal half-yearly payments, whilst payable on the

sum of

day of

be made on the

such principal sum of payable by

day of

day of

and the

in every year, the first payment thereof to

day of

next, and pounds shall be paid and

equal annual instalments on the
in each of the next succeeding

years towards the discharge of the same principal sum, until the whole shall be fully satisfied and discharged. (21 & 22 Vict. c. 98. Sch. B.)

See Waterclosets, Privies, Cesspools, and Ashpits, p. 34.

UNDER THE COMMON LODGING HOUSES ACTS.

No. 5.

Form of Notice.

day of

Take notice that on the

an Act, called "The Common Lodging Houses Act, 1851," was passed, and that before the

day of

, you, being the keeper of a common lodging house within [here state the place over which the jurisdiction of the sanitary authority giving the notice extends], must have your common lodging house registered, and that the register is to be kept at [here state where the register is to be kept], and that if you do not have your common lodging house so registered you will be liable to a penalty not exceeding five pounds for every lodger whom you receive in your common lodging house while it is not so registered, and that on your applying to [here give the name and address of the person to keep the register] he will register your common lodging house free of all charge to you.

Dated [

(14 & 15 Vict. c. 28. Sch.

See Common Lodging Houses, p. 42.

UNDER THE NUISANCES REMOVAL ACTS.

No. 6.

Order of Justices for Admission of Officer of Sanitary Authority to inspect private Premises.

Whereas [describe the sanitary authority] have by their officer [naming him] made application to me A.B., one of Her Majesty's justices of the peace having jurisdiction in and for [describe the place], and the said officer has made oath to me of his belief that a nuisance, within the meaning of the Nuisances Removal Act for England, 1855, viz. [describe nuisance], exists on private premises at [describe situation of premises so as to identify them], within my jurisdiction, and demand of admission to such premises for the inspection thereof has been duly made under the said Act and refused:

Now, therefore, I, the said A.B., do hereby require you to admit the said [name the sanitary authority], [or the officer of the said [sanitary authority], for the purpose of inspecting the said premises.

Dated this

day

(18 & 19 Vict. c. 121. s. 41. and Sch. A.)

See Removal of Nuisances, p. 52.

18

No. 7.

Notice of Nuisance.

To the sanitary authority (describing them).

I [or We], the person aggrieved by the nuisance herein-after described [or the undersigned and described inhabitant householders, inspector of nuisances, or other officer (describing him)], do hereby give you notice, that there exists in or upon the [dwelling house, yard, &c., as the case may be], situate at

in your

[giving such description as may be sufficient to identify the premises], in the parish of district under the Public Health Act, 1872, the following nuisance, videlicet [describing the nuisance, as the case may be; for instance, a dwelling house or building a nuisance or injurious to health for want of a privy or drain or sufficient means of ventilation, or so dilapidated or so filthy as to be a nuisance or injurious to health, or, for further instance, a ditch or drain so foul as to be a nuisance or injurious to health, or an accumulation of a nuisance of injurious to health, &c., or swine, or, &c., so kept as to be a nuisance or injurious to health]: and that such nuisance is caused by [naming the person