district of sewer autho has within its district, and the provisions of the sections herein- Supply of after mentioned shall apply accordingly in the same manner water to as if in such provisions "sewer authority" were substituted for "Local Board of Health" or "Local Board," and the district rity. in such provisions mentioned were the district of the sewer 29 & 30 Vict. authority and not the district of the Local Board; that is to c. 90, s. 11. say, sections 75 to 80, both inclusive, of the Public Health Act, 1848 (ante, pp. 231-249), sections 51, 52, and 53 of the Local Government Act, 1858 (ante, pp. 234, 235, 245), and section 20 of the Local Government Act, 1858, Amendment Act, 1861 (ante, p. 246). The sewer authority may, if it think it expedient so to do, Supply of provide a supply of water for the use of the inhabitants of the water to district by (1.) Digging wells; (2.) Making and maintaining reservoirs ; (3.) Doing any other necessary acts; and they may themselves furnish the same, or contract with any other persons or companies to furnish the same: Provided always, that no land be purchased or taken under this clause except by agreement or in manner provided by the Local Government Act, 1858. district of sewer authority. Ib. Any expenses incurred by a sewer authority in or about Expenses of the supply of water to its district, and in carrying into effect the sewer provisions before mentioned, shall be deemed to be expenses authority in supplying incurred by that authority in carrying into effect the Sewage Utilization Act, 1865, and be payable accordingly. water. Ib. By section 50 of the Sanitary Act, 1866, all expenses incurred Recovery of by a sewer authority in giving a supply of water to premises expenses of water supply under the provisions of the 76th section of the Public Health from owners Act, 1848, or the 51st section of the Local Government Act, of premises 1858, and recoverable from the owners of the premises sup- supplied. plied, may be recovered in a summary manner. Ib. s. 50. vested in All property in wells, fountains, and pumps, and powers When wells, in relation thereto, vested in the nuisance authority by the etc., shall be 7th section of the 23 & 24 Vict. c. 77, shall vest in the sewer authority, where the sewer authority supplies water to its authority. district. § 11. POWER OF SEWER AUTHORITIES TO PROVIDE HOSPITALS. sewer Ib. s. 13. The sewer authority, or in the metropolis the nuisance Power to authority, and the Local Board in a Local Board of Health provide district, may provide for the use of the inhabitants within hospitals. its district hospitals or temporary places for the reception of 30 & 31 Vict. the sick. Such authority may itself build such hospitals or places of reception, or make contracts for the use of any existing hos-pital or part of a hospital, or for the temporary use of any place for the reception of the sick. Ib. s. 37. c. 113, s. 16. Power to provide hospitals. 30 & 31 Vict. c. 113, s. 16. Supply of medicines, etc. 31 & 32 Vict. C. 115, s. 10. It may enter into any agreement with any person or body of persons having the management of any hospital for the reception of the sick inhabitants of its district, on payment by the sewer authority of such annual or other sum as may be agreed upon. The carrying the above into effect by a sewer authority shall be deemed to be one of the purposes of the Sewage Utilization Act, 1865, and all the provisions of that Act shall apply accordingly. Two or more authorities having respectively the power to provide separate hospitals may combine in providing a common hospital; and all expenses incurred by such authorities in providing such hospital shall be deemed to be expenses incurred by them respectively in carrying into effect the purposes of the Act. The provision of a hospital under 29 & 30 Vict. c. 90, s. 37 embraces all that is essentially necessary to render the building available for use as a hospital. The sewer authority shall have the like power to make provision for the temporary supply of medicine and medical assistance for the poorer inhabitants as it has to provide hospitals or temporary places for the reception of the sick under the Sanitary Act, 1866, s. 37; but such power to make provision for the temporary supply of medicine and medical assistance shall not 34 & 35 Vict. be exercised without the sanction of the Local Government Board. c. 70. 29 & 30 Vict. c. 90, s. 55. 30 & 31 Vict. c. 113, s. 19. 31 & 32 Vict. c. 115. Ib. s. 9. Ib. 10. $12. SAVING AS TO POWERS. All powers given by 29 & 30 Vict. c. 90, and 30 & 31 Vict. c. 113, shall be deemed to be in addition to and not in deroga tion of any other powers conferred on any authority by Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if the 30 & 31 Vict. c. 113, had not passed. § 13. RECOVERY OF PENALTIES. Penalties under any section incorporated with the Sanitary Act, 1868 (see ante, p. 570), shall be recovered in manner directed by the Act passed in the Session holden in the eleventh and twelfth years of the reign of Her present Majesty, C. 43. All powers conferred by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred by any other Act of Parliament, and any such other powers may be exercised as if this Act had not passed. Nothing in this Act contained shall be deemed to exempt any person from any penalty to which he would have been liable if this Act had not been passed. Provided that no person who has been adjudged to pay any penalty in pursuance of this Act shall for the same offence be liable to a penalty under any other Act. 579 PART VI. PREVENTION OF DISEASES. § 1. WHEN THE LOCAL GOVERNMENT BOARD MAY PUT THE DISEASES PREVENTION ACT IN FORCE. THE prevention of epidemic, endemic, or contagious diseases forms the subject of the concluding part of this work. c. 116, s. 5. c. 116, s. II. Whenever any part of England appears to be threatened Order in with, or is affected by, any formidable epidemic, endemic, or Council. contagious disease, the Local Government Board may, by 18 & 19 Vict. order or orders to be by them from time to time made, direct that the provisions contained in the Diseases Prevention Act, 34 & 35 Vict. 1855, for the prevention of diseases, be put in force in c. 70, Sch. England, or in such parts thereof as in the order or orders pt. 2. respectively may be expressed. The order so made is to be in force for six calendar months, or for such shorter period as shall be expressed in it, and the order may at any time be revoked or renewed in like manner. Orders so issued may Jurisdiction extend to parts and arms of the sea lying within the jurisdic- of the Admition of the Admiralty; and they are to be laid before both ralty. Houses of Parliament forthwith upon the issuing thereof, if 18 & 19 Vict. Parliament be then sitting; but if not, then within fourteen To be laid days next after the commencement of the then next session of before Parliament. There are three classes of diseases to which the Act applies; The diseases and they are thus defined in Hoblyn's Medical Dictionary :Epidemic, that is, diseases which are not native diseases, but which arise from a general cause, as excessive heat, and are generally prevalent; endemic, that is, diseases peculiar to the Endemic. inhabitants of the country, or which prevail locally, as from marsh miasma, when they are called native diseases; and con- Contagious. tagious, that is, diseases which are propagated from one individual to another, generally by contact, as distinguished from infection, which is the propagation of disease by effluvia from patients crowded together. The following is an extract from a circular letter of instructions addressed, on the 21st December, 1858, by the RegistrarGeneral of Births, Deaths, and Marriages, to the Registrars of Parliament. defined. Epidemic. Regulation of Local Government Births and Deaths, with reference to epidemic and contagious diseases : "The powers of the General Board of Health having been vested by 21 & 22 Vict. c. 97, in Her Majesty's Privy Council, to whom authority is given to cause inquiries to be made in relation to any matters concerning the public health in any place, I am desired by the Registrar-General to request that on the outbreak of any epidemical disease in your sub-district, especially an epidemic of fever (including typhus, typhoid, infantile, remittent or relapsing fever), small-pox, cholera, diarrhea, or dysentery, you will furnish immediately information of the fact to him, in order that he may, without loss of time, report the same to the Lord President of the Council, with a view to the adoption of measures for the protection of the public health." § 2. DIRECTIONS AND REGULATIONS OF THE LOCAL GOVERNMENT BOARD. The provisions of the Act having been put in force by an order in the manner above stated, and whilst such order continues in force, the Local Government Board may issue 18 & 19 Vict. directions and regulations as they shall think proper :For the speedy interment of the dead : Board. c. 116, s. 6. 21 & 22 Vict. c. 97, s. I. 22 & 23 Vict. c. 3. 34 & 35 Vict. c. 70, Sch. pt. 2. Cleansing, etc., ships. 18 & 19 Vict. c. 116, s. II. Powers of General Board of Health transferred to For house to house visitations: For the dispensing of medicines: Guarding against the spread of disease: And affording to persons afflicted by or threatened with epidemic, endemic, or contagious diseases, such medical aid and such accommodation as may be required. If the order extend to parts and arms of the sea lying within the jurisdiction of the Admiralty, the Local Government Board may also issue under the Act directions and regulations for cleansing, purifying, ventilating, and disinfecting, and providing medical aid and accommodation, and preventing disease in ships and vessels, as well upon arms and parts of the sea as upon inland waters. The General Board of Health having ceased to exist, all powers which were vested in that Board under the Diseases Prevention Act, 1855, are now vested in the Local Government Board. The provisions of that Act having reference to the General Board of Health and the regulations and directions issued by them, except section 13, which has ceased to be 21 & 22 Vict. operative, were to be construed as referring to the Privy Local Government Board. c. 97, s. I. How to be exercised. Ib. s. 7. Order, etc., how to be made. Ib. Council, and the regulations and directions issued by them. The powers so vested in the Privy Council were to be exercised by any three or more of the Lords and others of the Council, the Vice-president of the Committee of Council on Education being one of them; and all orders, regulations, directions, and acts of the Council under the Act shall be sufficiently made and signified by a written or printed document signed by one of the clerks of the Council, or such officer as may be appointed by the Council in that behalf. the absence By a subsequent Act, whenever Her Majesty shall, with the Signature of advice of Her Privy Council, make provision for the performance Orders in of the duties of the clerk of the Council in ordinary in the Council in event of his absence, any person acting under the authority of of the clerk the Order in Council in that behalf shall, in relation as well to in ordinary. the signing, certifying, and issuing of orders of Her Majesty in 22 & 23 Vict. Council, or of the Lords and others of Her Majesty's Privy Council, under any Acts of Parliament, as to the other duties of the office, have and perform all the powers and functions, and be in the place of the clerk of the said Council in ordinary. C. I. 21 & 22 Vict. c. 97, s. 7. All orders, regulations, directions, and acts made or signified Their auby any written or printed document purporting to be so signed, thentication. shall be deemed to have been duly made, issued, and done by the Privy Council, and are to be received in evidence in all Courts and before all justices and others without further proof, until it be shown that the document was not duly signed by the authority of the Privy Council. continue in The directions and regulations issued by the Local Govern- For what ment Board may from time to time be revoked, renewed, or time regulaaltered, as to the Board appears expedient, and are to continue tions are to in force only for so long a time as the provisions of the Act force. shall, under the order, be applicable. When issued they are 18 & 19 Vict. to be published in the London Gazette, and the production of a c. 116, s. 6. copy of the Gazette in which they were published shall be Publication conclusive evidence of the direction or regulation so published, Gazette.' to all intents and purposes. They are also to be laid before Ib. s. 7. both Houses of Parliament, forthwith upon their being issued, To be laid if Parliament be then sitting, and if not, then within fourteen before Pardays next after the commencement of the then next session of Parliament. of, in 'London liament. Ib. s. 10. Act. Whosoever wilfully obstructs any person acting under the Penalty for authority, or employed in the execution of the Act, and whoso- obstructing ever wilfully violates any direction or regulation issued by the execution of Local Government Board as above mentioned, shall be liable Ib. s. 14. for every such offence to a penalty not exceeding £5, to be appropriated in or towards defraying the expenses of executing the Act. tain documents. But now by the Documentary Evidence Act, 1868, primâ Mode of facie evidence of any proclamation, order, or regulation issued proving cerbefore or after the passing of that Act by Her Majesty, or by the Local Government Board, may be given in all Courts of 31 & 32 Vict. justice, and in all legal proceedings whatsoever, in all or any c. 37, s. 2. of the following modes, that is to say: (1.) By the production of a copy of the Gazette purporting to contain such proclamation, order, or regulation. (2.) By the production of a copy of such proclamation, order, 34 & 35 Vict. or regulation purporting to be printed by the Govern- c. 70, s. 5. ment printer, |