rates to the persons by or on behalf of whom such sums are advanced subject to the regulations prescribed by the fifty-seventh section of the Local Government Act, 1858. State substituted XIV. In all cases in which prior to the passing of the Local The sanction of Government Act all or any of the powers or provisions of the the Secretary of Public Health Act, 1848, relative to the borrowing of money or for the sanction the mortgaging of rates, are repeated in any Local Act of Parlia- of the General ment, or in which it is declared in and by such Local Act that which has ceased Board of Health, the same shall be read and construed as if all or any of such to exist. 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. (1) audit. XV. Seven clear days at least before the day fixed for the audit Making up of accounts of any Local Board, the Local Board shall cause their accounts for rate books and other accounts to be made up and balanced, and the books and accounts so made up and balanced shall forthwith be deposited at the office of the said Local Board for the inspection of owners and ratepayers, and the notice of audit shall include a notice of such deposit of accounts; and any officer of a Local Board duly appointed in that behalf neglecting to make up such books and accounts, or altering such books or accounts, or allowing them to be altered when so made up, or refusing to allow inspection thereof, shall be liable on conviction thereof to forfeit forty shillings; and it shall be lawful for any ratepayer or owner of property in the district to be present at the audit of the accounts of the Local Board, and to make any objection to such accounts before the auditor; and such ratepayers and owners shall have the same right of appeal against allowances by an auditor as they have by law against disallowances. etc., of streets XVI. Before giving the notice mentioned in the sixty-ninth Before giving section of the Public Health Act, 1848, the Local Board shall notice for paving, cause plans and sections of the works intended to be executed not being highunder that section and the thirty-eighth section of the Local ways, plans and Government Act, 1858, to be made, under the direction of their sections to be deposited with surveyor, on a scale of not less than one inch for eighty-eight feet Local Board. for a horizontal plan, and on a scale of not less than one inch for ten feet for a vertical section, and, in the case of a sewer, showing the depth of such sewer below the surface of the ground; and such plans and sections shall be deposited in the office of the Local Board, and shall be open at all reasonable hours for the inspection of all persons interested therein during the period for which such notice is required to be given, and a reference to such plans and sections in such notice shall be held sufficient without requiring any copy of such plans and sections to be annexed to such notice. (1) See 21 & 22 Vict. c. 98, s. 8, ante, p. 668, and 34 & 35 Vict. c. 70, post. Form of notice. Interpretation of Extension of XVII. The form of notice in the Schedule (A) to this Act annexed, or to the like effect, may be used for any of the purposes of the sixty-ninth section of the Public Health Act, 1848, and of the thirty-eighth section of the Local Government Act, 1858, and of this Act, for which such form is applicable, and such form shall accordingly, to all intents, be deemed sufficient for such purposes. XVIII. 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. XIX. The powers granted by the seventy-eighth section of the powers given by Local Government Act, 1858, may be exercised in any case where Vict. c. 104 (sic), any Local Board or Board of Improvement Commissioners exerto cases in which cising the borrowing powers of the Public Health Act, 1848, or sect. 78 of 21 & 22 Local Boards incur expenses for permanent works, etc. Local Boards ments for terms the Local Government Act, 1858, or of any local Act, has contributed to, purchased, or executed any permanent works, or proposes to contribute to, purchase, or execute such works, at a cost exceeding, or estimated to exceed, one year's assessable value of the premises assessable within the district in respect of which the money for such works may be borrowed. XX. In districts where no water companies are established by may make agree- Act of Parliament, all Local Boards may make agreements for of water supply the supply of water to persons on such terms as may be agreed in certain cases. upon between the Local Board and the persons receiving such supply, and shall have the same powers for recovering water rents accruing under such agreements as they have for the recovery water rates by the law in force for the time being. Local Boards of Health may repair fences surrounding of XXI. All Local Boards of Health constituted Burial Boards may from time to time repair and uphold the fences surrounding any burial ground which shall have been discontinued as such burial grounds. within their jurisdiction, or take down such fences and substitute others in licu thereof, and shall from time to time take the neces sary steps for preventing the desecration of such burial-grounds, and placing them in a proper sanitary condition; and where such Burial Boards are a Local Board of Health, they may from time to time pass bye-laws for the preservation and regulation of all burial-grounds within their limits, and the expense of carrying this section into execution may be defrayed out of any rates authorized to be levied by any Local Board constituted a Burial Powers of Local Boards with respect to land Board. XXII. Local Boards shall have the same powers with regard to any lands purchased by them under or for the purposes of the purchased under Local Government Act, 1858, or any Act incorporated therewith, which they now have with regard to lands purchased for the purpose of making or enlarging streets under the powers of the said 21 & 22 Vict. C. 104. Act. XXIII. The expenses which have been incurred by any Local Board of Health as and for private improvement expenses under the Public Health Act, 1848, as also the expenses stated in the to be a charge on the premises, with interest after the rate of five per centum per annum, may, by order of the Local Board of Health, be declared payable by annual instalments, with interest after the rate aforesaid during a period not exceeding thirty years until the whole amount be paid; and any such instalment and interest, or any part thereof, may be recovered from the owner or occupier of such premises in the same manner as general district rates, and may be deducted from the rent of such premises in the same proportions as are allowed in the case of private improvement rates under the ninety-first section of the Public Health Act, 1848. recovered in County Courts. XXIV. Proceedings for the recovery of demands below twenty Demands below pounds, which Local Boards are now empowered by law to recover £20 may be in a summary manner, may, at the option of the Local Board, be taken in the County Court as if such demands were debts within the cognizance of such Courts. XXV. The Local Board may make bye-laws for licensing and Local Board regulating horses, ponies, mules, or asses, standing for hire in the may make district, and for prescribing and regulating the stands, and fixing licensing, etc., bye-laws for the rates of hire, and ordering the conduct of the drivers or horses, boats, attendants thereof, and also for licensing, regulating, and fixing etc., for hire. the rates of hire of pleasure boats or vessels, and the persons in charge of the same. XXVI. Where a Board of Improvement Commissioners, or other Sect. 69 of local authority, in exercise of any of the powers of the Local Govern- 5 & 6 Will. IV. ment Act, 1858, maintains and repairs the highways within the C. 50, to apply to encroachments area of its jurisdiction, the sixty-ninth section of the Act of the on highways fifth and sixth William the Fourth, chapter fifty, shall be held to managed by local authority. apply to all encroachments on such highways. sional orders. XXVII. The provision for the repayment of costs, charges, and Repayment of expenses incurred by the Secretary of State in relation to any pro- costs by provi visional order under the seventy-fifth section of the Local Government Act, 1858, shall extend to all provisional orders under the said Act. without consent XXVIII. It shall not be lawful at any time or times hereafter, No house to be within the district of any Local Board, to bring forward any house brought forward or building forming part of any street, or any part thereof, beyond of Local Board. the front wall of the house or building on either side thereof, nor to build any addition thereto beyond the front of such house or building on either side of the same as aforesaid, without the previous consent of such Local Board. to Local Boards of Health. XXIX. And whereas doubts exist whether Local Boards of Application of Health, constituted under or by virtue of Local Acts, are affected general Acts by the provisions of the Local Government Act, 1858, or by the provisions of the Nuisances Removal Act for England, 1855, and the Diseases Prevention Act, 1855, and it is desirable to remove such doubts Be it therefore enacted, that all the provisions of the Local Government Act, 1858, as amended by this Act, and of the Nuisances Removal Act for England, 1855, and the Diseases Prevention Act, 1855, as amended by the Act to amend the Acts for the Removal of Nuisances and Prevention of Diseases, which Acts are hereinafter designated the general Acts, shall extend and apply to all Local Boards of Health constituted under or by virtue of Local Acts, with and subject to the two following qualifications; (that is to say,) (1.) Provisions of the General Acts 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 the general Acts 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 the general Acts or the local Act: And every future Act for amending or repealing any of the general Acts aforesaid shall, subject to the aforesaid qualifica tions, also extend and apply to every such Local Board of Health. XXX. This Act shall be deemed to be incorporated with the and construction Local Government Act, 1858, and shall be read as if this Act and Incorporation of Acts. Short title. the said Local Government Act were one Act. XXXI. In citing this Act it shall be sufficient to use the words and figures-Local Government Act (1858) Amendment Act, 1861. Local Board of Health for the county To of the owner of certain premises fronting, adjoining, or abutting upon a certain street called within the said [borough or district, as the case may be]. Whereas the said street is not sewered, levelled, paved, flagged, and channeled to the satisfaction of the above-named Local Board of Health; and whereas your said premises front, adjoin, or abut on certain parts of the said street which require to be sewered, levelled, paved, flagged, and channeled: Now, therefore, the said Local Board of Health hereby give you notice (in pursuance of the statute in that case made and provided) to sewer, level, pave, flag, and channel the same within the space of [state the time] from the date hereof, in manner following: (that is to say,) the sewers to be laid or made [here describe the mode to be adopted and material to be used] of the sizes and forms, and at the rate or rates of inclination shown on the plans and sections of the works as prepared by the surveyor of the Local Board. Each gully for surface draining, and its connection with the sewers, to be placed as shown on the said plans, and to be constructed of the forms, materials, and dimensions as shown on the said plans. A foundation for the carriageway and footway in the said street to be formed in the following manner [here describe the mode to be adopted and the material to be used], and the said carriageway and footway to be paved [ser describe the mode to be adopted and the material to be used], The channel stones to be [here describe the mode to be adopted and the material to be used. The curb or side stones to be [here describe the mole to be adopted and the material to be used], The whole of the above-mentioned works to be executed by you accordance with the plans and sections hereinbefore referred to, and now lying for inspection by you at the office of the Local Board, situate in aforesaid, and the dimensions, widths, and levels, shown thereon, and to be done in a good, workmanlike, and substantial manner to the satisfaction of the said Local Board of Health or street, in their surveyor. Dated this and 26 VICT. c. 17. An Act for amending the Local Government Act (1858). [11th May, 1863.] WHEREAS by the Local Government Act, 1858, after reciting "that it is expedient to amend the Public Health Act, 1848, and to make further provisions for the local government of towns and populous districts in England," numerous provisions are made for the establishment of local government in towns and populous districts that may adopt the Act, for the regulation of the sewerage, drainage, and buildings therein, for the maintenance of the streets and roads, and for police and other town purposes: and whereas it is expedient to place some restriction upon the adoption of the Act by places containing a small population only, (1) and otherwise to amend the said Act: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. This Act may be cited as "The Local Government Act Short title. Amendment Act, 1863." the Act by cer II. The adoption of the Local Government Act, 1858, by any Restriction as to place where that Act was not in force on the first day of March, the adoption of One thousand eight hundred and sixty-three, and where the popu- tain places. lation, according to the then last census, is less than three thousand, shall not be of any validity unless it is approved by one of Her Majesty's principal Secretaries of State, on proof being given to his satisfaction that, by reason of special circumstances, it is expedient that such place should be allowed to adopt the Act. Before signifying his approval or disapproval, the said Secretary may cause an inquiry to be made in the place as to the circumstances alleged in support of the expediency of the adoption of the Act, of the time and place of which inquiry fourteen days' public notice shall be given, and on the determination of such inquiry shall give or withhold, as he thinks just, his approval of the adoption of the Act. The approval or disapproval of the said Secretary of State (2) shall be published in the Gazette, and such publication shall be evidence of the fact of that approval or disapproval having been given. of 21 & 22 Vict. III. Petitions appealing against the resolution of adoption, and Amendment of praying for exclusion from the operation of the Local Government sections 17 & 19 Act, under the seventeenth section of that Act, and appeals from c. 98. owners and ratepayers who dispute the validity of the vote for adoption under the eighteenth section of the same Act, may be presented and had at any time before the expiration of six weeks from the date of any resolution adopting the Act. Government Act IV. When a resolution adopting the Local Government Act has As to 2bandonbeen passed in a place in which the population, according to the ment of Local then last census, is less than three thousand, (3) that resolution in certain places. may at any time be rescinded by a subsequent resolution, passed (1) The object of the restriction imposed by this Act to the adoption of the Local Government Act, 1858, was to restrain small parishes from adopting its provi sions, so as to escape from being included in a Highway District under the 25 & 26 Vict. c. 61. See Section 7 of that Act in "Glen's Highway Laws," second edition. (3) This section was extended to places |