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To provide houses and places for weighing carts;

To make convenient approaches to such market; To provide all such matters and things as may be necessary for the convenient use of such market;

To purchase (e) or take on lease land, and public or private rights in markets, and tolls, for any of the foregoing purposes;

To take stallages, rents, and tolls in respect of the use by any person of such market

house;

But no market or slaughter-house (f) shall be established in pursuance of this section so as to interfere with any rights, powers, or privileges enjoyed within the district by any person, chartered joint stock (g) or incorporated company, without his

or their consent:

(e) The 11 & 12 Vict. c. 63, s. 84, ante, p. 137, enables the local board to purchase or take on lease land and premises by agreement; and sect. 75, post, incorporates the Lands Clauses Consolidation Act, 1847, which contains special provisions in regard to the taking of lands otherwise than by agreement. Nothing is here said in regard to the charges incurred for these purchases and works; therefore they must be charged to the general district rates.

(f) It will be seen that this clause does not apply to slaughter-houses in terms, and it seems to be a forced interpretation to bring such establishments within the general language which is used in it. But the 11 & 12 Vict. c. 63, s. 62, ante, p. 111, enables the local board to provide premises to be used as slaughter-houses; and though there is a saving of certain rights, they are limited to rights conferred by local Acts of parliament.

In sect. 45 there is an incorporation of the clauses relating to slaughter-houses contained in 10 & 11 Vict. c. 34. But no reference is here made to the clauses relating to them contained in 10 & 11 Vict. c. 14, great part of which is incor porated herewith by the following paragraph.

(g) See note (m) on sect. 25, ante, p. 255.

11 & 11 Vict.

2.) For the purpose of enabling any local board Provisions of to establish markets in manner aforesaid, or to c. 14, as to regulate markets already established in any corporate borough before the constitution

of

a local board therein, there shall be incor-
porated with this Act the provisions of "The
Markets and Fairs Clauses Act, 1847," (h) in
so far as the same relate to markets:

With respect to the holding of the market
or fair, and the protection thereof (i); and
With respect to the weighing goods and
carts (k); and

With respect to the stallages, rents, and
tolls (1); and

With respect to byelaws (m);

Subject to this proviso, that all tolls leviable by the local board in pursuance of this section shall be approved by one of Her Majesty's principal secretaries of state (n).

markets,

&c. incor

porated.

WATER SUPPLY.

LI. The powers given to local boards by the 76th Powers of section (o) of the Public Health Act, 1848, shall 11 & 12 Vict.

(h) See these clauses in the Appendix.

(i) Sect. 12 to sect. 16.

(k) Sect. 21 to sect. 30.

(1) Sect. 31 to sect. 41.

(m) Sect. 42 to sect. 49. It will be seen that this Act requires the byelaws to be approved of by the secretary of state, as well as 11 & 12 Vict. c. 63, s. 115.

(n) The meaning of this proviso appears to be, that the tolls proposed to be levied by the local board of health shall be submitted to the secretary of state for his approval, and when his approval shall have been obtained, but not before, they shall be leviable.

(0) See ante, p. 128.

sect. 76 of

c. 63, as to

water supto this Act.

ply, extended

Power of carrying

water mains.

Power to directors of waterworks or market company to

extend to any house within their district to which a supply of water can be provided at an expense not exceeding the water rate authorized by the said Act (a) or any local Act in force in the district, and notices under that section shall be served on owners of houses so supplied instead of occupiers, and expenses incurred under that section shall be recoverable from such owners.

LII. Where the local board supply water to their district they shall have the same power for carrying water mains within the district as they have for carrying sewers by the law in force for the time being (b).

LIII. It shall be lawful (c) for any local board of health absolutely to purchase, and for the directors for the time being of any waterworks company

(a) The 76th clause, referred to, only enabled the board to supply water upon the report of the surveyor upon a particular house. The clause in the text dispenses with the necessity of such report, and enables the water to be supplied to any, and consequently to every house in the district, so that the rate of 2d. per week be not exceeded.

(b) See 11 & 12 Vict. c. 63, s. 45, ante, p. 91, and sect. 68, post.

(c) This clause is in furtherance of the powers given to the local board of establishing markets, and procuring an adequate supply of water for their district. This general enactment overrides the local Acts under which the companies referred to may have been formed. The 11 & 12 Vict. c. 63, s. 75, ante, p. 126, enables the local board to purchase waterworks, and the waterworks company to sell. The clause in the text gives powers to the directors of the company, with the authority of a specified proportion of the shareholders, to sell. It was doubtless considered that there must be the unanimous consent of the shareholders to support the sale and transfer under the former Act.

&c. to local

or market company, by and with the authority of sell works, three-fifths of the shareholders for the time being in boards. such company who may be present, either personally or by proxy, at some general meeting of the company specially convened for the purpose, to sell, convey, and transfer unto any local board of health, upon such terms as shall be mutually agreed upon between the company and the local board, all the rights, powers, and privileges, and all or any of the lands and premises, works, matters, and things, which at the time of such purchase shall be the property of the company, but subject to all mortgages, contracts, or liabilities to which the same shall be then subject.

EXPENSES AND RATES.

LIV. (1.) The eighty-sixth section of the Public Health Act, 1848 (d), shall be repealed; and whenever special district rate is mentioned in the Public Health Act, 1848, that Act shall be read as if no such rate were mentioned therein :

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Debts in

contracts

before pass

Provided always, that all debts incurred and contracts and engagements entered into by or curred and to any local board previously to the passing of entered into this Act shall be enforced, and all powers ing of this vested in any local board of raising money by Act enforced rates, tolls, or other means for the purpose of satisfying all such of the said debts, contracts, and engagements as were incurred or entered into by such local board, shall be exercised, in

(d) See ante, p. 141.

the same manner as if this Act had not been

passed (b):

(2.) No publication (c) shall be required of any private improvement rate :

(3.) The costs of the levy of arrears of any rate may be included in the warrant for such levy (d): (4.) When any rate is appealed against, or the validity of any rate is disputed, the time during which the appeal remains undecided, or any legal proceedings concerning or relating to such rate shall be pending, shall be excluded in calculating the period of six months within which the rate may be made retrospectively (e) : (5.) Notice of demand of rates may be served in the same way as notice is hereinafter (ƒ) directed to be served by a local board before putting in force the powers of local boards for

(b) The repeal of the section is not total, because the local board must continue to make special district rates to satisfy outstanding debts, contracts, and engagements. It was doubtless considered that there should be no new special district rates made for new purposes, but it could not have been intended that when any charge has been created upon a special district rate, the creditor should lose his security by the abo lition of the rate in future. The language of the clause might however have been more distinctly framed.

(c) See 11 & 12 Vict. c. 63, s. 103, ante, p. 159.

(d) See ibid., where the warrant of distress is only authorized for the levy of the sum in arrear.

(e) See note (e) on 11 & 12 Vict. c. 63, s. 89, ante, p. 146, further elucidated by this clause, which cannot be explained if it refers to the making of the rate. It is impossible to declare that subsequent events can render an absolute act which was legally valid when done, such as the making of the rate, invalid at the time of its being made. But the delay caused by the appeal, and litigation arising out of it, may affect the legality of payments out of the rate. (f) In sect. 75, post.

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