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And such provisional order shall be published in the parts to which the same relates in such manner as the said general board may direct, and shall be deposited with the town clerk of any corporate borough affected thereby, and with the clerk to the commissioners or trustees acting under any such local Act, also with the clerk to the justices acting for any petty sessional division in which such parts may be, and with the clerk of the board of guardians of the union or parish the whole or part of which may be affected thereby; and if such provisional order relate to parts not being within any corporate borough, the said board shall cause other copies of the same to be deposited with the churchwardens or overseers of the poor of any parish in which such parts or any of them may be;
And in case it shall be enacted by any Act of parliament hereafter to be passed that the whole or part of any provisional order or orders of the gene
This has been explained by the case of Clayton v. Fenwick, 6 E. & B. 114. The general board made a provisional order extending this Act to the borough of T., a district within which were parts of the S. turnpike roads made under local turnpike Acts. A local sanitary Act also applied to the district, which was altered by the order, and it was directed that after the con. firmation of the order by parliament, sect. 50 of the “ Towns Improvement Clauses Act, 1847,” which forbids trustees of any turnpike road from levying toll within the limits of the special Act, should be incorporated with the sanitary Act. This provisional order was confirmed by the statute so far as authorized by the above Act. It was held by three justices in the Queen's Bench against the Chief Justice, that this part of the provisional order was not authorized, and consequently was void. They considered that the toll on the turnpike road was not a matter which affected the public health of the town.
It will be noticed that the Acts passed after July, 1850, which confirm the provisional order of the board, contain these words, “ so far as the same are authorized by the Public Health Act.” See the provisions contained in 21 & 22 Vict. c. 98, s. 41.
ral board of health shall be confirmed and be absolute, the whole or part of such provisional order or orders which shall be so confirmed shall be as binding and of the like force and effect as if the same had been expressly enacted by parliament, and every such Act shall be deemed a public general
with respect to certain
But no such provisional order shall have any force or effect, nor shall this Act or any part thereof be applied in either of the cases last aforesaid, except for the purposes of such inquiry, further inquiry, report, or provisional order, without the previous
authority of parliament; Exception And no such provisional order, or any altered or
amended order, shall be made with respect to any local Acts for supplying local Act of parliament under which any water
works company is empowered to construct waterworks or supply water for their own profit, without the consent of the waterworks company empowered by such local Act first had and obtained :
Provided always, that, except for the purposes of cil, &c. in main sewerage, no corporate borough or any part sertain cases.
thereof shall be included in any district not exclusively consisting of the whole or part of one such borough without the previous consent of the council under the common seal of the borough (6);
(a) The 12 & 13 Vict. c. 94, s. 9, required the general board of health to cause printed copies of the provisional orders to be delivered to the members of both houses of parliament before the first reading of the bill for their confirmation. The 13 & 14 Vict. c. 90, s. contained other regulations for the supplying of copies of the provisional order to parties requiring them. By 21 & 22 Vict. c. 98, s. 75, No. 5, and s. 77, No. 6, the Act confirming the secretary of state's provisional order is to be deemed a public Act, against which, however, a petition may be presented, and the petitioner may appear and oppose the bill.
() See 21 & 22 Vict. c. 98, ss. 27, 28, post.
Consent of town coun
But nothing herein contained shall be construed to require such consent to the constitution of a dis. trict exclusively consisting of the whole or part of one such borough for all or any of the purposes of this Act, nor to hinder or prevent the application of all or any of the provisions of this Act to parts exclusively consisting of the whole or part of one such borough, although the same parts or any of them may have been already included within a district for the purposes of main sewerage :
Provided also, that, except for the purposes of main sewerage, no parts beyond the boundaries of a corporate borough shall be included in any district comprising the whole or part of any such borough, except upon the petition of a majority of the owners of property and ratepayers who would be qualified to vote in the election of members of a local board of health for the parts proposed to be so included (c);
But nothing herein contained shall be construed to require such petition in order to the constitution of a district exclusively consisting of parts not within the boundaries of any such borough, nor to hinder or prevent the application of all or any of the provisions of this Act to a district exclusively consisting of such last-mentioned parts, although the same parts or any of them may have been already included within a district for the purposes of main sewerage (d).
(c) See 21 Vict. c. 98, ss. 27, 28, post.
(d) See in sect. 141, post, the provision for the alteration or amendment of orders in council now inoperative. But 21 & 22 Vict. 98, s. 78, provides for the repeal, partial or total, or the alteration of any provisional order, or order in council or Act confirming such provisional order.
Costs of pre
with consent of treasury,
XI. And be it enacted (a), that from and after quiry, &c., the making of any such order in council, or the
passing of any Act of Parliament confirming any the become a provisional order of the general board of health, the die menerade costs, charges, and expenses specially incurred by
or under the direction of the said general board, or of any superintending inspector, in relation to any inquiry or further inquiry as aforesaid, shall, to such extent and amount as the commissioners of Her Majesty's treasury by order under their hands may think proper to direct, become a charge upon the general district rates levied in such district under the authority of this Act (a), and be repaid to the said commissioners by annual instalments not erceeding five(b), together with interest after the yearly rate of five pounds in the hundred, to be computed from the date of any such last-mentioned order, upon so much of the principal sum due in respect of the said costs, charges, and expenses as shall from time to time remain unpaid.
Town council to be the
CONSTITUTION OF THE LOCAL BOARDS OF
HEALTH. XII. And be it enacted, that in every district local board exclusively consisting of the whole or part of one corconsisting of porate borough, the mayor, aldermen, and burgesses one borough,
(a) Henceforth this clause will be inoperative for future expenses, but similar clauses are to be found in 21 & 22 Vict. c. 98, s. 23, applicable to that Act.
(6) Whether if the money be not repaid by these instal. ments, or within the time above specified, it can afterwards be recovered will be a question. See the late case of R. v. Hurstbourne Tarrant, 23 Jur. 783; 27 L. J. R., M. C. 214.
The statute 12 & 13 Vict. c. 89, provides for the making of orders by the lords of the treasury. It is presumed that if the order above-mentioned were not obeyed, the Court of Queen's Bench would enforce it by mandamus.
of such borough shall be by the council of the borough, within and for such district, the local board of health under this Act, and such council shall exercise and execute the powers, authorities, and duties of such local board, according to the laws for the time being in force with respect to municipal corporations in England and Wales (c);
And in every district exclusively consisting of selection, two or more of such boroughs, or of one or more of boards by such boroughs and also of part of any other such cils. borough or boroughs, or exclusively consisting of part of two or more of such borough or boroughs, the mayors for the time being of the boroughs whereof the whole or part is within such lastmentioned district, and such number of other persons as shall be fixed (d) by such provisional order as aforesaid, to be selected by each of such councils respectively out of their own number, or from persons qualified to be councillors of the borough in respect of which the selection is to be made, and shall be named and selected by such councils accordingly, shall, within and for such district, be the local board of health under this Act;
And in every district comprising the whole or selection of part of any such borough or boroughs, and also part o local parts not within the boundaries of any
cils, and part
(c) See 21 & 22 Vict. c. 98, ss. 12, 24, post, which enables corporate boroughs to become district boards of health. That Act empowers districts, when formed, to be united, but does not enable a district to be originally formed by the union of two boroughs. It appears by the return of the local districts, presented to parliament in August, 1857, that there is no instance of a district formed of two boroughs.
(d) In future this will be settled otherwise. See 21 & 22 Vict. c. 98, s. 27, post. But the orders heretofore made will continue in force in the places to which they have been applied.