and Lighting W. 4, c. 90.) seded by XLVI. In any district (k) where the Public Watching Health Act, 1848, is in force, or where this Act is Act (3 & 4) adopted, and in which the Act passed in the third to be superand fourth years of the reign of King William the this Act. Fourth, intituled "An Act to repeal an Act of the Eleventh Year of His late Majesty King George the Fourth, for the lighting and watching of Parishes in England and Wales, and to make other provisions in lieu thereof," has been adopted, the said last-mentioned Act shall be superseded by this Act (), and all lamps, lamp posts, gas pipes, fire that the best means have been resorted to for the consumption of the smoke during the time mentioned in the resolution. But all these exemptions and remissions will be unavailing if the secretary of state by his order prohibit the continuance of the exemption. It seems, therefore, that, notwithstanding the resolution of the local board, a party may be summoned before the justice, who will have power to remit the penalty, or to enforce it unless the secretary of state has interfered and prohibited its remission. (k) This clause it is to be presumed will only take effect in districts co-extensive with the place where the 3 & 4 Will. 4, c. 90, has been adopted. (1) The 3 & 4 Will. 4, c. 90, provides for the watching and lighting of parishes. The Public Health Act, 1848, amended by 12 & 13 Vict. c. 94, ante, p. 125, provides for the lighting of the district, but there is no provision for the watching. Nevertheless as the whole of the first Act is superseded, it would seem to follow that no provision for watching the districts which are not boroughs, or places governed by some local Act containing powers to watch, will be henceforth available, so that the county police must act in such places exclusively. Again, the former statute is not repealed but superseded; therefore, it will probably be held that outstanding arrears of rates are still recoverable, though it is questionable who can recover them. No provision is made for unsatisfied or continuing liabilities incurred by the inspectors, nor for balances in their hands at the time of the transfer. In regard to the highway rates there are express enactments in 12 & 13 Vict. c. 63, s. 117, ante, p. 172, and in sect. 37 of this Act, ante, p. 267, so that the Where vestries adopt 10 & 11 Vict. board to be Bioners under that engines, hose, and other property vested in the inspectors for the time being under the said Act, shall, in all existing districts under the Public Health Act, 1848, and elsewhere upon the adoption of this Act, vest in the local board. XLVII. In any district where a vestry adopts provisions of the Act passed in the tenth year of the reign of c. 74, local Her present Majesty, chapter seventy-four, and inthe commis- tituled "An Act to encourage the Establishment of Public Baths and Wash-houses," the local board may, at the option of the said vestry (c), be the commissioners for the execution of the said Act, and shall thereupon have all the powers, duties, rights, and obligations of commissioners under the said Act; Act. And all expenses incurred by the local board in carrying into execution the powers given to them by the said Act shall be defrayed out of general omission here is the more embarrassing. The word property, according to the usual rule of construction, must be interpreted in conjunction with the previous words, which have no connexion with money or pecuniary balances. Nevertheless, the inspectors will act with most prudence if they pay them over to the local board. If the powers of watching conferred by 3 & 4 Will. 4, c. 90, are put an end to by the text, and are not transferred to the local board; it will be matter of great doubt how the lock-ups and properties belonging to the parish, and acquired under that statute, are to be disposed of. With regard to the transfer of liabilities, see Sinnott v. Whitechapel Board of Works, 22 Jur. 263. (c) These words are peculiar, but it is meant that if the vestry think fit, the power shall be referred to the local board, provided the latter be willing to accept the charge. The same observations which have been made upon the last clause upon the effect of the transfer occur here also. district rates, and all receipts by them by reason of the exercise of such powers shall be carried to the district fund account (d). 11 & 12 Vic XLVIII. The sixty-first (e) and so much of the Sections of sixty-second (ƒ) sections of the Public Health c. 63, as to Act, 1848, as empowers the local board to make slaughterbyelaws with respect to all slaughter-houses, shall pealed. be repealed. houses, re to be burial district, burial ground be XLIX. In any district where a vestry of any Local board one or more parish or place comprised therein board of having a known or defined boundary (9) adopts the though the Act passed in the twentieth and twenty-first years of the reign of Her present Majesty, chapter eighty- provided for one, and intituled "An Act to amend the Burial district only. Acts," the local board may, at the option of such vestry (h), be the burial board for the execution of the said Act within such parish or parishes, place (d) The Acts referred to are 9 & 10 Vict. c. 74, and 10 & 11 Vict. c. 61, and are printed in the Appendix. The 10 & 11 Vict. c. 34, ss. 136-141, contained provisions for the establishment of public baths and wash-houses, open bathing places, and drying grounds. (e) See ante, p. 110. (f) See ante, p. 111. The slaughter-houses will be regulated by the provisions of 10 & 11 Vict. c. 34, incorporated herewith by sect. 45, and printed in the Appendix, sect. 128 whereof will enable the local board to make byelaws for the purpose, and hence the provision in the former statute has been repealed. (g) Reference is here made to sect. 12, above, p. 233. See the provisions relating to burials contained in 11 & 12 Vict. c. 63, ss. 81, 82, 83, ante, p. 187, and 21 & 22 Vict. c. 81, ss. 4, 5, 27, in the Appendix. (h) See note (c), ante, p. 286. parts of the or places, so adopting the Act as aforesaid, and shall thereupon have all the powers, duties, rights, and obligations of a burial board under the said Act (a); And all expenses incurred by the local board in carrying into execution the powers given to them by the said Act shall be defrayed out of rates to be levied on such parish or parishes, place or places, so adopting the Act as aforesaid, in the same manner as general district rates are to be levied under the provisions of this Act (b); And all receipts by them, by reason of the exercise of such powers, shall be carried to the credit of such parish or parishes, place or places so adopting the Act as aforesaid: Provided (c) nevertheless, that in case the parish (a) Some burial boards have the fee simple of the burial ground vested in them, but there are no words to transfer this property to the local board of health; and if the burial board be not kept up, there will be some difficulty in dealing with the legal rights of property therein. In such cases it seems advisable that no change should be made. (b) See sect. 55, post. It is to be observed, that these expenses are not to be paid out of the general district rates, but are to be defrayed out of a rate to be levied for this purpose. This rate will, therefore, be a burial rate; but such a provision will prove inconvenient. There is no reservation of the charges which may have been heretofore made upon the poor rate for money borrowed by the burial board; as, however, the clause refers only to expenses incurred by the local board, the charges made, prior to the transfer, upon the poor rate, will, doubtless, remain in force. (c) It will be found that in many districts there are several separate parishes--some of these may have their distinct burial boards. It would be inconvenient that the burial board should be transferred to the local board of health, but that inconvenience can seldom be avoided. This proviso contemplates the case of a parish forming a ward in the district, and then enacts that the members of the local board elected by such ward shall form the burial board for such parish. It is by no or parishes, place or places comprised in such district so adopting the Act as aforesaid shall have been declared a ward or wards for the election of members of the local board, and members shall have been elected by and for such ward or wards, the last-mentioned members shall form the burial board for such parish or parishes, place or places so formed into a ward or wards as aforesaid, instead of the members of the said local board, and shall have all the like powers, duties, rights, and obligations of the burial board under said Act of the twentieth and twenty-first years of the reign of Her present Majesty, chapter eighty-one. local board with consent and rate L. The local board shall in non-corporate dis- Power of tricts, with the consent of the owners and ratepayers to establish of the district, to be expressed by resolution in the markets, manner herein provided with respect to resolutions of owners for the adoption of this Act (d), and in corporate payers. districts, shall, with the consent of two-thirds of the local board, have the power to do (e) the following things or any of them within their district: (1.) To provide a market place, and construct a market house and other conveniences, for the purpose of holding markets; means clear whether the option of the vestry must intervene ; but it rather seems as though it must. The language here used is indeed unqualified, and this constitution of the burial board and that of the local board of health have the same element, viz., election by the ratepayers of the parish; yet this is but a proviso to a general proposition, in which the option of the vestry must intervene. (d) See sect. 16, ante, p. 239. (e) It will be seen that there is no compulsion upon the local board to act, notwithstanding the resolution of their constituents, and there must be the consent of two-thirds of all the members of the board, not of a meeting. |