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LOCAL ACTS.

A limit imposed on any rate by a local Act does not apply to a rate required to be levied to defray expenses incurred by a sanitary authority for sanitary purposes. (35 & 36 Vict. c. 79. 8. 43.)

See Rates and Expenses, p. 156.

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.)

Restriction on Application of Local Government Acts. The provisions of the Local Government Acts relating to purposes already included in a local Act in force within the district with relation to any of the purposes of those Acts, and not conferring powers or privileges upon corporations, companies, or individuals, for their own pecuniary benefit, notwithstanding the adoption of those Acts, do not come into operation until an order has been made and confirmed, as mentioned below, for the future execution, repeal, or alteration of the local Act (21 & 22 Vict. c. 98. s. 20.)

The provisions of the Local Government Acts and the Nuisances Removal Acts† apply to all local boards of health constituted under local Acts subject to the two following qualifications:(1.) Provisions of these Acts opposed to or restrictive of

provisions, whether adopted or original, of a local Act, are of no force in the district for which the local Act was passed. (2.) If these Acts and a local Act contain provisions for effecting the same or a similar object, but in different modes, the local board may proceed under these Acts or the local Act. (24 & 25 Vict. c. 61. s. 29.)

As to Proceedings under Local Acts, see also Legal Proceedings, p. 141.

REPEAL AND ALTERATION OF LOCAL ACTS.

Under the Public Health Act, 1872.

The Local Government Board may, on the application of the sanitary authority of any district, by provisional order, wholly

* For definition, see p. 32.
† For definition, see p. 26.

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. 199.

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.)

Under the Local Government Acts.

If it appears to the sanitary authority of any district desirable that provision should be made for the future execution of any local Acts in force within the district, having relation to the purposes of the Local Government Acts, and not conferring powers or privileges upon corporations, companies, or individuals, for their own pecuniary benefit; or that any such Acts, or any exemptions from rating derived from them,f or any provisional order or Order in Council applying the Public Health Act, 1848, or Act confirming such provisional orders, should be wholly or partially repealed or altered; they may present a petition to the Local Government Board praying for such provision, repeal, or alteration, and the petition must be supported by such evidence as the Local Government Board require.

Upon receipt of the petition inquiry may be directed in the district, in respect of the matters mentioned in the petition after giving 14 days' notice of the time, place, and subject of the inquiry.

The Local Government Board may issue a provisional order in relation to the matters mentioned in the petition, either in accordance with its prayer or with any requisite modifications.

The Local Government Board must, as soon as conveniently may be, take all necessary steps for the confirmation of the order by Act of Parliament. Previously to confirmation it is of no validity whatever, and every Act confirming such an order is deemed a public general Act.

If a petition is presented to either House of Parliament against a provisional order framed in pursuance of the Local Government Acts, in the progress through Parliament of the Bill confirming

*For definition, see p. 33.

† See "Rates and Expenses," p. 160.

it, the Bill so far as it relates to the order petitioned against, may be referred to a select committee, and the petitioner is allowed to appear and oppose as in the case of private Bills. 21 & 22 Vict. c. 98. s. 77.)

See Powers of the Local Government Board, p. 200.

CONSENT TO BORROWING.

In all cases in which prior to the passing of the Local Government Act, 1858, all or any of the provisions of the Public Health Act, 1848, relative to the borrowing of money, or the mortgaging of rates are repeated in a Local Act, or in which it is declared by the Local Act that the same must be read as if all or any of these provisions had been repeated in them, so as to confer upon a local board or improvement commissioners powers corresponding with all or any of the borrowing or mortgaging powers contained in the Public Health Act, 1848, and where the sanction or approval of the General Board of Health is rendered requisite by the Local Act, to the due exercise of any of the powers vested thereby in a local board or improvement commissioners, such powers may be exercised with the sanction of the Local Government Board in lieu of the sanction of the General Board of Health, and not otherwise. (24 & 25 Vict. c. 61. s. 14.)

BATHS AND WASH-HOUSES.

Where the Baths and Wash-houses Acts (9 & 10 Vict. c. 74.; 10 & 11 Vict. c. 61.) are in force within the district, the sanitary authority have all powers, rights, duties, liabilities, and obligations attached to the council, incorporated commissioners, local board, improvement commissioners, and other commissioners or persons acting in the execution of the Acts. (35 & 36 Vict. c. 79. s. 7.)

Adoption of the Acts.

Where the Baths and Wash-houses Acts are not in force within the district, the sanitary authority may, under the Public Health Act, 1872, adopt the Acts. (35 & 36 Vict. c. 79. s. 7.)

In any district where a vestry adopts the Acts, the sanitary authority may, under the Local Government Acts, at the option of such vestry, be the commissioners for the execution of the first-mentioned Acts, and thereupon they have all the powers, duties, rights, and obligations of commissioners under those Acts. (21 & 22 Vict. c. 98. s. 47.)

Under the Sanitary Act, 1866, local boards acting in execution of the Local Government Acts may adopt the Baths and Washhouses Acts. When they have done so, they have all the powers, duties, and rights of commissioners under the last-mentioned Acts. (29 & 30 Vict. c. 90. s. 43.)

The 9 & 10 Vict. c. 74. and the 10 & 11 Vict. c. 61. are to be construed and carried into execution as one Act. (10 & 11 Vict. c. 61. s. 1.)

In the following clauses the terms "council" and "commissioners 19* as used in the Acts have been retained.

Expenses.

The expenses of carrying the Acts into execution in any borough must be paid out of the borough fund, and for that purpose the council may levy as part of the borough rate, or by a separate rate in the nature of a borough rate, the necessary sums to be applied as if the expenses were necessarily incurred in carrying into effect the 5 & 6 Wm. 4. c. 76. The income arising from the baths and wash-houses and open bathing places must be paid to the credit of the borough fund, and a distinct account, called "The Public Baths and Wash-houses Account," must be kept. (9 & 10 Vict. c. 74. s. 4.)

Expenses incurred by the sanitary authority (when not a town council) must be defrayed out of the general district rates, and

*In the Baths and Wash-houses Acts, the word" commissioners" means the commissioners appointed in accordance with those Acts for any parish, and for the time being in office and acting as such commissioners. (9 & 10 Vict. c. 74. s. 2.)

their receipts must be carried to the district fund account. (21 & 22 Vict. c. 98. s. 47.; 29 & 30 Vict. c. 90. s. 43.)

But see Rates and Expenses, p. 156.

Meetings.

The commissioners must meet at least once in every calendar month at their office, or some other convenient place previously publicly notified. (9 & 10 Vict. c. 74. s. 9.)

The commissioners may meet at any other time determined upon at any previous meeting. Any one commissioner may, at all times, by writing under his hand, summon, with at least 48 hours' notice, 'the commissioners for any special purpose therein named, and to meet at such times as shall be therein named. (9 & 10 Vict. c. 74. s. 10.)

At all meetings of the commissioners any number not less than one-third of the whole is to be sufficient for transacting business and exercising all the powers of the commissioners. (9 & 10 Vict. c. 74. s. 11.)

See also Mode of conducting Business, p. 25.

Appointment of Officers. Offices.

The commissioners must appoint, and may remove at pleasure, a clerk and other officers and servants necessary for effecting the purposes of the Acts, and, with the approval of the vestry, may appoint reasonable salaries, wages, and allowances for their clerk, officers, and servants, and, when necessary, may hire and rent an office for holding their meetings, and transacting their business, and may agree for and pay a reasonable rent for such office. (9 & 10 Vict. c. 74. s. 12.)

See also Officers, p. 23.

Minutes of Proceedings.

All orders and proceedings of the commissioners must be entered in books, to be kept by them for that purpose, and must be signed by the commissioners, or any two of them. Orders and proceedings so entered, and purporting to be so signed, are deemed original orders and proceedings; and the books may be produced and read as evidence of the orders and proceedings upon any appeal, trial, information, or other proceeding, civil or criminal, and in any court of law or equity. (9 & 10 Vict. c. 74. s. 13.)

Accounts.

The commissioners must keep books in which must be entered true and regular accounts of all receipts and payments, and of all liabilities incurred by them, and of the purposes for which the payments have been made and the liabilities incurred. The books must at all reasonable times be open to the examina

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