board of

The expression "the local board of health" shall “the local mean the person authorized (d) to execute in health: " each district all or any of the powers, authorities, and duties vested in or imposed upon the local board of health by this Act:

." "the

surveyor,"

&c.

The expressions "the officer of health," "the" the clerk," clerk," "the treasurer," ," "the inspector of nuisances," shall mean the persons respectively appointed to be or authorized to execute the offices of the officer of health, clerk, treasurer, surveyor, and inspector of nuisances respectively in each district for the purposes of this Act (e).

citing this

III. And be it enacted, that in citing this Act Mode of in other Acts of Parliament, and in legal instru- Act." ments and other proceedings, it shall be sufficient to use the words "The Public Health Act, 1848” (ƒ).

CONSTITUTION OF THE GENERAL BOARD OF

HEALTH.

IV. ** And be it enacted, that the first com- General missioner for the time being of Her Majesty's woods and forests, land revenues, works, and buildings,

(d) That is, authorized by this Act. The 21 & 22 Vict. c. 98, s. 15, enables corporations not constituted local boards to adopt parts of that Act, which is incorporated with the present. (e) It is to be noticed that the 15 & 16 Vict. c. 42, enacted in sect. 14, "that the word 'year' shall, for the purpose of the election of local boards of health acting in execution of the Public Health Act, 1848, and of the continuance in office of the members of such boards, be taken to mean the interval between any day of election of any such board and the day of election next ensuing."

See other definitions in 21 & 22 Vict. c. 98, s. 7, post. (f) See also the title of 21 & 22 Vict. c. 98, in sect. 2.

board of health to be constituted.

Power to general board of

together with such two other persons as Her Majesty by warrant under the royal sign manual may be pleased to appoint, shall be and constitute a board for superintending the execution of this Act, and shall be called "The General Board of Health," and shall have and execute all the powers and duties vested in or imposed on such board by this Act, and the said first commissioner shall be the president of the said board; and Her Majesty may from time to time, at her pleasure, remove all or any of the persons so appointed by her, and appoint others in their stead; and the powers and duties vested in the said board by this Act may be exercised and executed by any two members thereof;

And during any vacancy in the said board the continuing members or member thereof may act as if no vacancy had occurred:

Provided always, that the said general board of health shall be continued only for five years next after the day of the passing of this Act, and thenceforth until the end of the then next session of parliament, and no longer (a). **

V. ** And be it enacted, that the said board may from time to time appoint a secretary and such health to ap- clerks and servants as they, subject to the approval and servants, of the commissioners of Her Majesty's treasury, for the purposes of this Act;

point officers

subject to

approval of

deem necessary may

(a) This and the following clauses, which relate to the general board of health and its officers, have ceased to be operative. In the introductory essay will be found an account of the proceedings and different constitution of that board.

and every person so appointed shall be removable treasury, at the pleasure of the said board;

And the said board shall cause to be made a seal for their use in the execution of this Act, and documents or copies of documents purporting to proceed from them, and to be signed by any two or more of them, and to be sealed or stamped with such seal, shall be received as primâ facie evidence in all courts and places whatsoever (b). **

and to cause

a seal to be

made.

perintending

subject to

VI. ** And be it enacted, that the general power to board of health may from time to time appoint so appoint sllmany proper persons as they, subject to the approval inspectors, of the commissioners of Her Majesty's treasury, approval of may deem necessary, to be superintending inspectors for the purposes of this Act;

And every person so appointed shall have all the powers (c), duties, and liabilities vested in or imposed upon any superintending inspector by this Act, and shall assist in the superintendence and execution of this Act, when, where, and in such manner as the said board shall direct, and shall be removable at their pleasure. **

treasury.

grant sala

general

VII. ** And be it enacted, that there shall be power to paid to such one of the members of the general treasurer to board of health, not being the president, as Her ries, &c. to Majesty shall direct, and to the said secretary, health, suclerks, and servants, such salaries or wages, and to perintending the said superintending inspectors such allowances, &c.

(b) See the statute 8 & 9 Vict. c. 113, ss. 1, 4, as to the proof of documents sealed with a public board's seal.

(c) See sect. 121, post, as to his powers, and sect. 148 as to his protection.

board of

inspectors,

Upon peti

tain propor

as shall from time to time be appointed by the commissioners of Her Majesty's treasury, out of any monies which may from time to time be provided by parliament for that purpose:

Provided always, that the allowance to a superintending inspector shall not exceed the sum of three pounds three shillings for every day he shall be actually employed or travelling in the performance of the duties of his office:

Provided also, that the commissioners of Her Majesty's treasury may allow to any superintending inspector such reasonable travelling and other expenses as may be incurred by him in the performance of the duties of his office under this Act, in addition to his said allowance. **

CREATION OF DISTRICT FOR LOCAL BOARD OF

HEALTH.

VIII. ** And be it enacted (a), that from time to tion of a cer- time after the passing of this Act, upon the petition tion of of not less than one-tenth of the inhabitants rated to &c., or when the relief of the poor of any city, town, borough,

householders

the deaths in

any city, &c., parish (b), or place having a known or defined

appear upon

(a) The board of health were empowered to act either upon petition from the ratepayers, or, where the annual mortality bore a certain proportion to the population, on their own motion. By the new Act the proceedings will be entirely optional with the inhabitants. As the general board of health has ceased, this clause, though not expressly repealed, has become inoperative for the future.

(b) The parish of Waltham Holy Cross comprises the township of Waltham Abbey and several other townships. A petition was presented from the inhabitants of the parish; a superintending inspector made his inquiry as to the parish, but reported to the general board of health as to the town of Waltham Abbey, and recommended the application of the Act to the township of Waltham Abbey. The general board of health published his report, and invited statements rela

general's re

above a cer

tion, super

make local

boundary (c), not being less than thirty in the whole, the registrar Or where it shall appear or can be ascertained from turns to be the last return for the time being made up by the tain proporregistrar general of births, marriages, and deaths, intending from the deaths registered in a period of not less inspector to than seven years, that the number of deaths annually inquiry. in any city, town, borough, parish, or place during the period in respect whereof such return shall have been made have on an average exceeded the proportion of twenty-three to a thousand of the population. of such city, town, borough, parish, or place, the general board of health may, if and when they shall think fit, direct a superintending inspector to visit such city, town, borough, parish, or place, and to make public inquiry, and to examine witnesses, as to the sewerage, drainage, and supply of water, the state of the burial grounds, the number and sanitary condition of the inhabitants, and as to any local Acts of parliament in force within such city, town, borough, parish, or place, for paving, lighting, cleansing, watching, regulating, supplying

tive to it. No further inquiry was made, but the general board of health made their report to the Queen that the Act should be put in force in the parish, and an order in counci! was issued accordingly. The Court of Exchequer held that the local board was duly established for the whole parish. Barber v. Jessop, 1 H. & N. 578.

(c) The fact of a portion of land included within the boundary being extra-parochial, or otherwise exempted from poor rate, did not prevent its forming part of the district of the local board of health otherwise legally created under this Act. Tait v. Carlisle Local Board of Health, 2 E. & B. 498. See the provision in 21 & 22 Vict. c. 98, s. 14, as to the inclusion of small places in larger ones formed into districts.

It will be observed that this part of the clause applies to a place having a known or defined boundary, whereas the next part is not in terms so limited. Accordingly in 21 & 22 Vict. c. 98, s. 13, post, there is a specific provision for places not having such boundary.