c. 76. corporate towns mentioned in the schedules to the Act passed 5 & 6 Will. 4, in the sixth year of the reign of King William the Fourth, intituled "An Act to provide for the Regulations of Municipal Corporations in England and Wales," and all boroughs incorporated by charter granted or to be granted in pursuance of that or any subsequent Act. Limits of Act III. This Act shall not extend to Scotland or Ireland, and it shall not be adopted by any place within the limits of the metropolis as defined for the purposes of the Act of the session holden in the eighteenth and nineteenth years of 18 & 19 Vict. her present Majesty, intituled "An Act for the better Local Management of the Metropolis" (c). c. 20. this Act and Provisions of IV. This Act shall be construed together with, and be 11 & 12 Vict. deemed to form part of the Public Health Act, 1848 : c. 68, to be construed to gether. Words used in this Act shall be interpreted in the sense assigned to them in the said Public Health Act (d): Byelaws framed under this Act shall be subject to confirmation, enforced, and dealt with in all other respects as byelaws under the said Public Health Act (e); And the provisions of each of the said Acts shall, so far cation to cities, and he considers that this omission will be supplied by this interpretation. Such a construction may be useful in that instance, but it may prove that the general construction will lead to inconvenience in other instances. (c) See the limitation of 11 & 12 Vict. c. 63, in sect. 1, ante. The analogous Act for Scotland is 25 & 26 Vict. c. 101, and for Ireland 17 & 18 Vict. c. 103. The limits of the Metropolis are defined by 18 & 19 Vict. c. 120, which, however, includes the city of London. That city is excluded from the operation of the 11 & 12 Vict. c. 63, s. 1, and apparently from this Act, inasmuch as the city is certainly within the limits of the Metropolis. (d) See 11 & 12 Vict. c. 63, s. 2, ante. See also the interpretations in the several incorporated Acts set out in the Appendix. The 26 & 27 Vict. c. 17, s. 8, declared that the Public Health Act, 1848, and the Acts amending the same, and the Acts amending the Local Government Act, 1858, including that Act, are one Act, and are to be included under the expression "The Local Government Act, 1858," or any words referring to that Act. (e) For the confirmation of byelaws refer to 11 & 12 Vict. c. 63, s. 115, ante, and for the enforcing thereof to sect. 129, ante. as may be consistent with the provisions of this Act, respectively be applicable to all matters and things arising under the other Act. which this V. This Act shall take effect (ƒ) from the first day of Period at September, 1858, in places where the Public Health Act, Act to take 1848, is already in force, wholly or partially. effect. qualification or powers of local board. Provided always, that nothing in this Act shall affect the Not to affect qualification (g) and number of the members of local boards of health in such places, or any power, right, privilege, or liability, of any board of improvement commissioners exercising powers of the Public Health, Act, 1848, or of any town council or local board of health, under or by virtue of any general or local Act of parliament other than the said Public Health Act. of local boards under VI. Local boards under this Act shall, subject to this Powers, &c. Act, have all the powers, rights, duties, and liabilities of local boards of health constituted under the Public Health this Act to Act, 1848, and the Acts incorporated therewith (h). be the same under 11 & 12 Vict. c. 63, &c. VII. In the construction, for the purposes of this Act, of Construction (f) These words will require much caution in their application as regards districts formed under the Public Health Act of 1848. There will be no difficulty in a general application of the new provisions, but where that Act is only partially in force, serious confusion may arise by the incorporation of the whole of them; there is, indeed, a certain saving in the latter part of this clause, but that would not be found to be a complete protection. (g) Note, that as regards local boards of health under 11 & 12 Vict. c. 63, nothing arising out of that Act is here reserved except the qualification and number of the members. of terms for (h) By the 24 & 25 Vict. c. 61, s. 29, it is enacted that all the pro- Application visions of the 21 & 22 Vict. c. 98, as amended by that Act, shall extend of the Act to and apply to all Local Boards of Health constituted under or by virtue boards under of Local Acts with and subject to the two following qualifications: "1. Local Acts. Provisions of this Act opposed to or restrictive of the provisions (whether adopted or original) of any such Local Act shall be of no force in the district for which the Local Act was passed. (2.) Wherever this Act and a Local Act contain provisions for effecting the same or a similar object, but in different modes, the Local Board of Health may proceed under this Act or the Local Act." this Act, &c., in Acts thereafter in portions of the Acts hereinafter incorporated (c), the expression "the Special Act" shall mean "the Public Health Act, 1848, as corporated. brought into operation within the district, and this Act;" the "limits of the Special Act" shall mean the "limits of the district;""the passing of the Special Act" shall mean the date of the coming in force of this Act, or, in the case of districts under the Public Health Act, 1848, the 1st day of September, 1858; and "the local board" shall, according to the tenor of the incorporated Act, be deemed to be "the promoters of the undertaking," "town commissioners," commissioners, or "undertakers;" and all penalties incurred under the incorporated Acts shall be recovered in the same way as penalties incurred under the Public Health Act, 1848 (d), and be applied in aid of the purposes of that Act and this Act (e). Interpreta- c. 18, as to The sanction of the secretary of state substituted for the sanction of the general board of health which (c) See ss. 35, 44, 45, 50, 75. The words thus defined will be found in the model Acts referred to. The 24 & 25 Vict. c. 61, s. 18, enacts: "In the construction of 'The Lands Clauses Consolidation Act, 1845,' for the purposes of any provisional order under 'The Local Government Act, 1858,' conferring powers for the taking of land otherwise than by agreement, the term 'special Act' shall mean the Act confirming such order, and the date of the passing of the special Act' shall mean the date of the passing of the Act confirming such order." (d) See ss. 129, 133, ante. (e) See 11 & 12 Vict. c. 63, s. 133, ad fin., ante, and sect. 67 of this Act, post, as to the application of penalties. It must be noticed that the 24 & 25 Vict. c. 61, s. 14, contains this following provision: "In all cases in which prior to the passing of 'The Local Government Act' all or any of the powers or provisions of 'The Public Health Act, 1848,' relative to the borrowing of money or the mortgaging of rates, are repeated in any local Act of parliament, or in which it is declared in and by such local Act that the same shall be read and construed as if all or any of such powers and provisions had been repeated therein, so as to confer thereunder upon any such local board of health or board of 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, consent, direction, or approval of the general board of health is rendered requisite in or by any such local Act to the due exercise of any of the powers vested thereby in any local board of health or board of improvement commissioners, such powers or any of them shall and may be henceforth exercised with and under the sanction, consent, direction, and approval of one of Her Majesty's principal secretaries of state, in lieu of the sanction, consent, direction, and approval of the general board of health aforesaid, and not otherwise." relation to powers under VIII. Whenever the sanction, consent, direction, or ap- Provision in proval of the general board of health is required by law to exercise of the exercise of the powers of local boards of health or boards Public of improvement commissioners, such powers may, from the 1st day of September, 1858, be exercised without such sanction, consent, direction, or approval, or any sanction, consent, direction, or approval in lieu thereof, except in so far as is provided by this Act: Provided always, that all sanctions for the mortgage of rates given by the general board of health (f) before the passing of this Act shall continue in full force and effect until all monies the borrowing of which is thereby sanctioned have been borrowed. Health Act requiring sanction of general board of health. &c., begun IX. All proceedings, contracts, matters, and things re- Proceedings, spectively begun or made (g), under any section of "The contracts, Public Health Act, 1848," repealed by this Act (h), respectively be proceeded with and enforced as as if no repeal had taken place. may or may such section of And all powers exercised or byelaws made under any such section shall continue in force until the new powers and byelaws authorized by this Act are brought into operation; And no such repeal shall affect any decree or order of the High Court of Chancery, or (i) of any other court of justice, that has been obtained previously to the passing of this Act. 11 & 12 Vict. c. 63, repealed by this Act ceeded with. may be pro X. The powers of the one hundred and fourteenth section Powers of of "The Public Health Act, 1848" (k), for the appointment 11 & 12 Vict. (f) This refers to 11 & 12 Vict. c. 63, s. 119, ante, and of course applies to cases of loans not completed when this Act was passed. Where the loans have been completed with the sanction of the general board of health, this clause will in no respect apply. (g) See Felkin v. Berridge, 15 C. B. (N. s.) 257, as to the retrospective operation of this clause. (h) Namely, ss. 53, 55, 56, 61, 62, 72, 84, 86, 88, 95, 107, 113, 119, 122, 141, 145. (i) The word judgment should have been inserted. (k) See ante. This clause is framed to remedy the mischief arising out of the case where, after heavy expenses had been incurred by the Jocal board of health, and money borrowed upon the rates, the board failed for want of due election. As the board did not exist, no rates sect. 114 of c. 63, for appointment of re ceiver may be exercised in event of failure to elect a local board. Course of proceeding failure to of a receiver, may be exercised in the event of a failure to elect a (c) local board, or of the lapse of a local board from death, resignation, disqualification, or otherwise, of the persons elected to serve on such local board; And in case of such failure or lapse any receiver appointed under that section may make (d) as well as collect and receive rates as directed in that section, or such rates as are required to satisfy all liabilities of the local board, and may receive and recover all arrears due to the said local board and apply the same to meet such liabilities; And any such receiver shall have the same powers with respect to other creditors (e) of the local board as he has by the said section with regard to mortgagees. XI. In the case of any failure to elect a local board, or of in event of any lapse of a local board as aforesaid, it shall be lawful for the owners and ratepayers of the district, by resolution, as herein-after provided (f), for the adoption of this Act, to proceed to election of a new local board in the manner (g) elect a local board. could be assessed to discharge the unliquidated claims, nor to pay the interest on the loans. The creditors night perhaps have sued and recovered judgments, and could have taken in execution the property possessed by the defunct board, but this remedy might have proved insufficient for the claims of the creditor. (c) The appointment is required by 11 & 12 Vict. c. 63, s. 114, to be made by two justices after hearing the parties. But the appointment in the text must be made ex parte, if one of the parties referred to in the former Act be the local board of health, since in the very case provided for there will be no such party. (d) There will arise some questions as to the form and other incidents connected with the making of the rate, because the requisitions of 11 & 12 Vict. c. 98, regarding the district rate, appear to be only capable of being discharged by the local board itself. (e) The apportionment among the creditors who expect to be paid at once, and among the mortgagees who only expect to receive their interest until the time when the repayment of the principal is due, requires much care and attention on the part of the receiver. (f) See next section. (g) It must be carefully observed that the manner of election is according to this Act, though neither a new district, nor a new local board be created. The lapse is treated as a suspension, and the statute authorizes a revival of the board. But the 26 & 27 Vict. c. 17, s. 5, provides for the avoidance of the district as shown hereafter. See note on sect. 22, post. |