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The Editor has given his careful attention to the provisions of the two great statutes which form the basis of the work; "he has endeavoured to bring under the notice of the reader the decisions which have taken place upon different clauses of the first Act, and the alterations effected therein by the second; and he has made such commentaries upon both as will, as he trusts, facilitate their interpretation, or otherwise assist those who are engaged in carrying them into execution; but he cannot but regret that the consolidation originally proposed was abandoned, since the reference from the original to the supplemental Act, and from the latter to the former, and from both to the incorporated clauses, will often lead to embarrassment, and prevent the clear elucidation and understanding of enactments so important as the present to the cities and towns of England.
ABSTRACTS OF THE STATUTES.
THE PUBLIC HEALTH ACT, 1848.
11 & 12 VICT. c. 63.
Sect. 1. Recites the object of the Act, and prescribes the limits of its operation.
2. Interprets and defines various words and terms used in the Act.
3. Gives the title of the Act.
4. Constitutes the general board of health-limits its duration to five years.
5. Enables the general board of health to appoint officers and servants—to cause a seal to be made wherewith their documents are to be sealed, and provides that so sealed they shall be received in evidence.
6. Enables the said board to appoint superintending inspectors--defines their powers and duties.
7. Provides for the payment of salaries to one member of the general board of health, their officers and servants, and specifies the sum to be paid to each superintending inspector.
8. Empowers the general board of health upon petition, or wtere there has been a specified amount of mortality, to direct an inquiry to be made by a superintending inspector as to the condition of any place and its sanitary state, and other matters, to enable the board to report thereon to the Queen, or to make a provisional order.
Sect. 9. Requires the inspector to give certain notice of his inquiry, and to report the result thereof to the general board of health-enables the board to cause another inquiry to be made as to boundaries if proposed to differ from those of the district reported upon, and as to other matters-requires them to publish the report made to them in a particular manner, with notice for statements as to the proposal to be forwarded to themprovides for the publication and deposit of such statements—subjects public officers to penalties who refuse to receive such statements—and enables the board of health to cause a further inquiry to be made.
10. Enables the Act to be put in force in certain places by an order of the Queen in council-in others enables the general board of health to make a provisional order, with, when they deem necessary, provisions affecting local Acts, to be published in the district and to be confirmed by a subsequent Act of parliament -provides against alteration of local Acts relating to waterworks without consent, and the formation of a part of a corporate borough into a district without consent of the town council, and, except for main drainage, against the inclusion of a place without a borough in a district composed of such borough without the consent of the ratepayers.
11. Empowers the lords of the treasury to make an order charging the costs and expenses incurred by the general board of health in these inquiries upon the general district rate, to be repaid by five annual instalments, with interest at five per cent.
12. Enacts that the town council of any borough within 5 & 6 Will. 4, c. 76, shall be the local board of health where the district consists of the whole or a part thereof-provides for selection of members where the district comprises two or more boroughs, and provides for selection of part of the board from town council, and the election of the remainder by the owners and ratepayers in other compounded districts—appoints the day of the first selection—provides for continuance in office and supply of vacancies-declares the meeting of the council to be one under 5 & 6 Will. 4, c. 76.
Sect. 13. Provides for the election of members of local board by owners and ratepayers—their continuance in office and renewal of elections.
14. Regulates the number of members—renders a vacating member re-eligible-enables the board to act though incomplete—and provides that a member selected and elected shall determine under which title he will act, and shall act accordingly, and the other vacancy to be filled up.
15. Provides for the special case of members elected for a sewerage district which is afterwards formed into a district for other purposes.
16. Prescribes the qualification of elected members.
17. Prescribes a declaration to be made by members elected or selected before acting-renders a false declaration, made wilfully, a misdemeanor.
18. Imposes a penalty on persons neglecting to make declaration, and determines the office on failure to make it or to act for three months.
19. Declares the disqualifications of members—imposes penalties on them for acting-prescribes proof in actions-provides for certain shareholders and the consequences of acts of disqualified persons.
20. Declares the qualification of electors, and the scale of voting-defines owner and ratepayer-provides for corporations—and imposes conditions on owners.
21. Provides for the returning officer.
22. Requires the production of parochial books for the purposes of the election.
Sect. 23. Prescribes notice previous to electionprovides for Sunday, Christmas Day, Good Friday, Fasts, and Thanksgivings.
24. Provides for the nomination of candidates, and the delivery of voting papers.
25. Prescribes the mode of voting.
27. Regulates the casting up of the votes, and the declaration of the result of the voting.
28. Imposes penalties for neglect of the provisions of the statute relating to the election.
29. Enacts that the defects in the election shall not vitiate the proceedings of the board.
30. Provides for the expenses of the election.
31. Contains a special provision for local boards in Oxford and Cambridge.
32. Provides for the acting of commissioners under local Acts when made a local board of health.
33. Provides for the merging of the local board when the district is incorporated.
34. Prescribes regulations for the meetings of the local board, for their conduct of the business of the board, their voting, and the appointment of their chairman.
35. Requires the local board to provide officers and a seal, and declares their sealed documents to be prima facie evidence.
36. Enables them to appoint committees.
37. Requires them to appoint a surveyor, inspector of nuisances, clerk, treasurer, and collectors—to make byelaws for the duties of their officers, and enables them to pay the same-regulates plurality of offices— and prescribes penalty for breach of the regulations.
38. Imposes penalties on officers engaging in contracts or taking fees improperly.
39. Requires officers intrusted with monies to give