277 CHAPTER XII. LABOURING CLASSES' LODGING-HOUSES. § 1. THEIR ESTABLISHMENT. THE LABOURING CLASSES' LODGING-HOUSES ACT, 1851, may Places which be adopted for any incorporated borough under the 5 & 6 may adopt the Will. IV. c. 76, and also for any place being the district of any Act. Local Board of Health, and also for any place being the district 14 & 15 Vict. within the limits of any Act for the paving, lighting, watching, draining, or otherwise improving such place. The Act may also be adopted for parishes containing a population of not less than 10,000, but it is not necessary in this work to refer further to this portion of the Act. C. 34, s. 2. In the Act the following words and expressions shall have Interpretation the several meanings hereby assigned to them, unless there be of terms. something in the subject or context repugnant to such construc- Ib. s. 3. tion; that is to say,— 'Borough" shall mean city, borough, port, cinque port, or town corporate: "District" shall mean any place being the district of such a Local Board of Health, and shall also mean any place being the district within the limits of such an Improvement Act : 66 Board" shall mean, as regards the district of a Local Board of Health, such Local Board of Health for the time being in office and acting as such Local Board of Health; and as regards the district within the limits of such an Improvement Act, the commissioners, trustees, or other body of persons, by whatever name distinguished, for the time being in office and acting in the execution of such Act: "Clerk" shall mean, as regards an incorporated borough, the town-clerk of such borough, and, as regards a district, the clerk of the Board of such district : "Justice" shall mean justice of the peace for the county, riding, division, liberty, borough, district, parish, or place where the matter requiring the cognizance of justices shall arise: "Improvement rates" shall mean the rates, tolls, rents, income, and other moneys whatsoever which under the provisions of any such Improvement Act shall be applicable for the general purposes of such Act: "Land" shall mean lands, tenements, and hereditaments, of whatsoever nature or tenure : Adoption of c. 34, s. 4. Expenses of carrying Act into execution in a borough. Ib. s. 5. Adoption of Act by Local Ib. s. 7. Words importing the masculine gender shall include the feminine: Words of the plural number shall include the singular, and words of the singular number shall include the plural. That the Council of any such borough as aforesaid may, if they think fit, determine that the Act shall be adopted for such borough, and then and in such case such of the provisions of the Act as are applicable in that behalf shall thenceforth take effect and come into operation in such borough, and the Act shall be carried into execution in such borough, in accordance with such provisions and the laws for the time being in force relating to the municipal corporation of such borough. The expenses of carrying the Act into execution in any such borough in which the Council shall have resolved to adopt the Act for their borough, shall be chargeable upon and paid out of the borough fund, and for that purpose the Council may levy with and as part of the borough rate, or by a separate rate to be assessed, levied, paid, and recovered in like manner and with the like powers and remedies in all respect as the borough rate, such sums of money as shall be from time to time necessary for defraying such expenses, and shall apply the same accordingly, as if the expense of carrying the Act into execution were an expense necessarily incurred in carrying into effect the provisions of the 5 & 6 Will. IV. c. 76. The income arising from the lodging-houses in any borough shall be paid to the credit of the borough fund thereof; and the Council shall keep distinct accounts of their receipts, payments, credits, and liabilities with reference to the execution of the Act, to be called "the Lodging-Houses Account." The Board of any such district, being the district of a Local Board of Health, may, if they think fit, determine that the Act shall be adopted for such district, and then and in such case such of the provisions of the Act as are applicable in that behalf shall thenceforth take effect and come into operation in such district, and the Act shall be carried into execution in such district, in accordance with such provisions and the laws for the time being in force relating to such Board. Postponement Provided that the Board shall give not less than twenty-eight of proceedings days' nor more than forty-two days' public notice of their intenfor adoption of tion to take into consideration the propriety of adopting the Act, and of the time and place for holding the meeting at which they will take it into consideration; and if there be presented to the Board at that meeting a memorial in writing, signed by not less than one-tenth in value of the persons liable to be rated to a general district rate made by the Board, and requesting the Board to postpone such consideration until after the then next yearly day for the election of members of the Board, then and in such case such consideration shall be postponed until after that day, and shall be entered on as soon after that day as the Board think fit. into execution by Local The expenses of carrying the Act into execution in any such Expenses of district, being the district of a Local Board of Health in which carrying Act the Board shall have resolved to adopt the Act for their district, shall be chargeable upon and paid out of the moneys from time Board of to time carried to the credit of the district fund account of such Health. district, and for that purpose the Board may levy with and as 14 & 15 Vict. part of the general district rate of such district, or by a separate c. 34, s. 8. rate to be assessed, levied, paid, and recovered in like manner and with the like powers and remedies in all respects as the general rate of such district, such sums of money as shall be from time to time necessary for defraying such expenses, and shall apply the same accordingly as if the expense of carrying the Act into execution were an expense necessarily incurred in carrying into effect the provisions of the Public Health Act, 1848. The income arising from the lodging-houses in any such district shall be paid to the credit of the district fund account thereof; and the Board shall keep distinct accounts of their receipts, payments, credits, and liabilities with reference to the execution of the Act, to be called "The Lodging-Houses Account." Board. The Board of any such district, being the place within the Adoption of limits of any Act for the paving, lighting, watching, draining, Act by Imor otherwise improving of such place, may, if they think fit, provement determine that the Act shall be adopted for such district, and Ib. s. 9. then and in such case such of the provisions of the Act as are applicable in that behalf shall thenceforth take effect and come into operation in such district, and the Act shall be carried into execution in such district in accordance with such provisions and the laws for the time being in force relating to such Board. Provided that the Board shall give not less than twenty-eight Postponement days' nor more than forty-two days' public notice of their in- of proceedings tention to take into consideration the propriety of adopting the for adoption of Act by Act, and of the time and place for holding the meeting at which Improvement they will take it into consideration. If there be presented to Commisthe Board at that meeting a memorial in writing, signed by not sioners. less than one-tenth in value of the persons liable to be rated to Ib. s. 10. an improvement rate made by the Board, and requesting the Board to postpone such consideration until after the then next yearly or other day for the election or appointment of members of the Board, then such consideration shall be postponed until after that day, and shall be entered on as soon after that day as the Board think fit. Provided also, that in any case in which the major part in number of the members of the Board of any such district are elected or appointed in any manner other than by or with the concurrence of the persons liable to be rated to improvement rates made by the Board, the Board shall not determine that the Act shall be adopted for the district, except with the sanction of the major part in value of the persons so liable present If majority of Board not elected by ratepayers, consent of ratepayers to be obtained. Ib. s. II. Expenses of carrying Act into execution by Improvement Commissioners. c. 34, S. 12. at a meeting specially convened for the purpose by the Board, by not less than twenty-eight days' nor more than forty-two days' public notice of the intention of holding such meeting, and of the time and place for holding the same; and such meeting shall be held at such convenient place within the district, and at such convenient time, as the Board think fit; and they shall regulate the procedure thereat. The expenses of carrying the Act into execution in any such district, being the place within the limits of any such Improvement Act in which the Board shall have resolved to adopt the Act for their district, shall be chargeable upon and paid out of the improvement rate of such district, and for that purpose the 14 & 15 Vict. Board may levy with and as part of such improvement rate, or by a separate rate to be assessed, levied, paid, and recovered in like manner and with the like powers and remedies in all respects as such improvement rate, such sums of money as shall be from time to time necessary for defraying such expenses, and shall apply the same accordingly as if the expenses of carrying the Act into execution were an expense necessarily incurred in carrying into effect the general provisions of such Improvement Act. The income arising from the lodging-houses shall be paid to the credit of the improvement rate; and the Board shall keep distinct accounts of their receipts, payments, credits, and liabilities, with reference to the execution of the Act, to be called "The Lodging-Houses Account." Auditing accounts of sioners. Ib. s. 13. In every case in which any such Improvement Act contains provisions for the auditing of accounts thereunder, the accounts Improvement of the Board with respect to the Act shall be audited in accordCommisance with those provisions; and in every case in which any such Improvement Act does not contain any such provisions, the accounts of the Board with respect to the Act shall be audited yearly by the Poor Law auditor within whose district the district of the Board lies. The Board shall produce to him. their accounts, with sufficient vouchers for all moneys received and paid, and he shall examine such accounts and vouchers, and report thereon to the Board, and every such report shall be open at all reasonable times without charge to the inspection of every person liable to be rated to an improvement rate made by the Board. Mr. D. P. Fry, in his edition of this Act, very properly points out that it does not appear that the Poor Law auditor will have any power to disallow or surcharge items in these accounts, similar to the power which he possesses in regard to the accounts of unions and parishes. He is to examine, and report; and that comprises the whole of his functions in the matter. It is not stated what notice he is to give of his audits. No provision is made in the Act for the payment of any remuneration to him for this service. For carrying the Act into execution in any borough or district respectively, the Council, with the approval of the Com for the missioners of Her Majesty's Treasury (1), and the Board, with the Power to approval of the Commissioners of Her Majesty's Treasury (1), borrow money may from time to time borrow, at interest, on the security of purposes of a mortgage, as the case may be, of the borough fund, or of the the Act. general district rates, or of the improvement rates, the money 14 & 15 Vict. which may be by them respectively required, and shall apply c. 34, s. 31. the moneys so borrowed accordingly. any Commissioners may The Commissioners for carrying into execution the 9 & 10 The Public Vict. c. 80, may from time to time make to the Council of Works Loan such borough, or to any Board, respectively, for the purposes of the Act, any loan, under the provisions of the recited Act, or advance the several Acts therein recited or referred to, upon security money. of the borough fund, or the general district rates, or the improve- Ib. s. 32. ment rates. c. 16. The provisions of the Companies Clauses Consolidation Act, Incorporation 1845, with respect to the borrowing of money by any company of 8 Vict. on mortgage, and the provisions of the same Act with respect fb. s. 33. to the accountability of the officers of the company, and the provisions of the same Act with respect to the making of byelaws, subject to the provision hereafter mentioned, and the provisions of the same Act with respect to the recovery of damages not specially provided for and penalties, so far as such provisions may respectively be applicable to the purpose of the 14 & 15 Vict. c. 34, shall be respectively incorporated with that Act; and the expressions in such provisions applicable to the company and the directors shall apply, as regards a borough, to the Council. All deeds and writings which under such provisions are required or directed to be made or executed under the common seal of the company, shall, in the application of such provisions to the Act, be deemed to be required or directed to be made or executed, as regards a borough, under the common seal of the mayor, aldermen, and burgesses, and so much of such provisions as are applicable to the secretary of the company shall apply to the clerk; and in such of the said provisions as relate to the inspection of accounts as regards a borough, the burgesses shall have the privileges of shareholders. The Lands Clauses Consolidation Act, 1845, shall be incor- Incorporation porated with the Act: provided always, that the Council and of 8 Vict. the Board, respectively, shall not purchase or take any lands 18. otherwise than by agreement. Ib. s. 34. In any borough the Council, with the approval of the Com- In boroughs missioners of Her Majesty's Treasury, may from time to time the Council appropriate for the purposes of the Act in the borough any may appropriate lands lands vested in the mayor, aldermen, and burgesses. In any vested in the district the Board (1) may from time to time appropriate for mayor, etc. the purposes of the Act in the district any lands vested in the Ib. s. 35. Board or at the disposal of the Board. In any borough the Or Council, and in any district the Board (1), may from time (1) See 21 & 22 Vict. c. 98, s. 8, ante, p. 2. Or contract for purchase to of the same. |