A.D. 1875. Election of local boards. P.H., s. 13. of the passing of this Act) by such name as they then bear, and (in the case of local boards constituted after the passing of this Act) by such name as they may with the sanction of the Local Government Board adopt; with a perpetual succession and a common seal, and with power to sue and be sued in such name, and to hold lands without any licence in mortmain for the purposes of this Act. 8. The members of local boards shall be elective: and the number and qualification of members of local boards, L.G., S. 24, &c. the qualification of electors, the mode and expenses of election, and the proceedings incident thereto, the retirement and disqualification of members, the proceedings in case of lapse of a local board, and all other matters relating to the election of members of local boards, shall be governed by the rules contained in schedule II. to this Act. and rural authorities. Description of 9. The area of any union which is not coincident in area rural districts with an urban district, nor wholly included in an urban district (in this section called a rural union), with the P.H. 1872, s. 5. exception of those portions (if any) of the area which are included in any urban district, shall be a rural district, and the guardians of the union shall form the rural authority of such district: Provided that (1.) An ex-officio guardian resident in any parish or part of a parish belonging to such union, which parish or part of a parish forms or is situated in an urban district, shall not act or vote in any case in which guardians of such union act or vote as members of the rural authority, unless he is the owner or occupier of property situated in the rural district of a value sufficient to qualify him as an elective guardian for the union: (2.) An elective guardian of any parish belonging to such union, and forming or being wholly included within an urban district, shall not act or vote in any case in which guardians of such union act or vote as members of the rural authority: (3.) Where part of a parish belonging to a rural union forms or is situated in an urban district, the Local Government Board may by order divide such parish into separate wards, and determine the number of guardians to be elected by such wards respectively, in such manner as to provide for the due representation of the part of the parish situated within the rural district; but until such order has been made the guardian or guardians of such parish may act and vote as Where the number of elective guardians who are not by this section disqualified from acting and voting as members of the rural authority is less than five, the Local Government Board may from time to time by order nominate such number of persons as may be necessary to make up that number from owners or occupiers of property situated in the rural district of a value sufficient to qualify them as elective guardians for the union, and the persons so nominated shall be entitled to act and vote as members of the rural authority but not further or otherwise. A.D. 1875. Subject to the provisions of this Act, all statutes orders P.H. 1874, s. 1. and legal provisions applicable to any board of guardians shall apply to them in their capacity of rural authority under this Act for purposes of this Act; and it is hereby declared that the rural authority are the same body as the guardians of the union or parish for or within which such authority act. With regard to the last clause but one of this section, see the Introduction, ante, p. lxxiii. authorities. 10. In addition to the powers rights duties capacities Powers and liabilities and obligations exerciseable by or attaching to duties of urban an urban authority under this Act, every urban authority P.H. 1872, s. 7. shall within their district (to the exclusion of any other San. 1866, s. authority which may have previously exercised or been 43. subject to the same) have, exercise, and be subject to all the powers rights duties capacities liabilities and obligations within such district exerciseable or attaching by and to the local authority under the Bakehouse Regulation Act, and the Artizans' and Labourers' Dwellings Act, or any Acts amending the same. Where the Baths and Wash-houses Acts and the Labouring Classes' Lodging-Houses Acts, or any of them, are in force within the district of any urban authority, such authority shall have all powers rights duties capacities liabilities and obligations in relation to such Acts exerciseable by or attaching to the council incorporated commissioners local board improvement commissioners and other commissioners or persons acting in the execution of the said Acts or any of them. Where the Baths and Wash-houses Acts are not in force within the district of any urban authority, such authority may adopt such Acts; and where the Labouring Classes' Lodging-Houses Acts are not in force within the district A.D. 1875. P.H. 1874, s. 3. of Where any local Act other than an Act for the conservancy of any river is in force within the district of an urban authority, conferring on any commissioners trustees or other persons powers for purposes the same as or similar to those of this Act (but not for their own pecuniary benefit), all the powers rights duties capacities liabilities and obligations of such commissioners trustees or other persons in relation to such purposes shall be transferred and attach to the said urban authority. As to the Bakehouse Regulation Act, see post, p. 346; as to the Artizans' and Labourers' Dwellings Acts, p. 426; as to the Baths and Wash-houses Acts, p. 349; and as to the Labouring Classes' Lodging-Houses Acts, p. 412. Transfer of powers of Commissioners under Local Acts to Town Council of Borough. 20 & 21 Vict. c. 50, s. 2.-The trustees appointed or acting by or under any Act of Parliament for paving, lighting, supplying with water or gas, or cleansing, watching, regulating, or improving, or for providing or maintaining a cemetery or market in or for any borough named in one of the Schedules to the 5 & 6 Wm. IV. c. 76, or to which a charter of incorporation has been since the passing of such Act, or shall be hereafter granted under the provisions of such Act or otherwise, or any part of such borough, and whether the powers of such trustees under any such Act do or do not extend beyond the limits of such borough, may, if it seem to them expedient, at a meeting to be called for that purpose, transfer to the body corporate of such borough all the rights, powers, estates, property, and liabilities of such trustees under any such Act as aforesaid, and such transfer shall be made in writing under the common seal of the said trustees if they be a corporation, or if not a corporation, then by deed executed by the trustees, or any two of them acting by the authority of and on behalf of all such trustees, and upon any such transfer being so made, the body corporate to whom such transfer is made shall become and be trustees for executing by the council of the borough the several powers and provisions of any such Act, and all the rights, powers, estates, and property vested in the trustees making such transfer shall vest in such body corporate, and all the liabilities and obligations of the said trustees shall stand transferred to and be borne by such body corporate, and the said trustees shall be freed and discharged from all such liabilities and obligations. No such transfer can, however, be made in the case of the town of Cambridge without the consent required by the 5 & 6 Wm. IV. c. 76. No such transfer shall, however, be made, or take effect, unless and until the council of the borough have resolved, at a meeting of the council holden and convened in manner required by the 5 & 6 Wm. IV. c. 76, s. 69, to accept the same. 20 & 21 Vict. c. 50, s. 3. Where, under the 5 & 6 Wm. IV. c. 76, s. 75, the trustees under any such Act of Parliament as therein mentioned have transferred to the body corporate of any borough the powers vested in such trustees under such Act, and the transfer so made purports to extend to the estates and property vested in such trustees, and their liabilities and obligations on any of such matters, the transfer so made shall be deemed to have been authorized by the 5 & 6 Wm. IV. c 76, s. 75. 20 & 21 Vict. c. 50, s. 4. Transfer of powers of Local Board invalid.-By a provisional order, confirmed by 14 & 15 Vict. c. 98, post, a Local Board of Health was constituted for the parish of St. John, Margate, comprising the town of Margate and a rural district, but their rating powers were confined to the town, with power from time to time to extend the rating area, and the Local Board were to be selected by the ratepayers within the rating area for the time being. The town of Margate was afterwards incorporated, the then rating area being co-extensive with the new borough, there being still a rural district. The Local Board, by indenture, professed to transfer their powers to the corporation of the borough, and the corporation sought to extend their powers to part of the rural district. The Court of Queen's Bench were, however, of opinion that the corporation had no jurisdiction, for that the transfer to them of the powers of the Local Board was invalid, inasmuch as a Local Board for a district comprising a borough are not trustees for executing an Act for paving, lighting, &c., within the meaning of the 20 & 21 Vict. c. 50, s. 2. Swinford v. Keble, L. R. 1 Q. B. 549; 14 L. T. (n. s.) 770; 35 L. J. Q. B. 185; 12 Jur. (N. s.) 783; 7 B. & S. 573. A.D. 1875. authorities. 11. In addition to the powers rights duties capacities Powers and liabilities and obligations exerciseable by or attaching to a duties of rural rural authority under this Act, every rural authority shall, P.H. 1872, s. 8. within their district (to the exclusion of any other authority which may have previously exercised or been subject to the same), have exercise and be subject to all the powers rights duties capacities liabilities and obligations within such district exerciseable by or attaching to the local authority under the Bakehouse Regulation Act, or any Acts amending the same. As to the Bakehouse Regulation Act, see post, p. 346. authorities. 12. From and after the passing of this Act all such Vesting of proproperty real and personal, including all interests rights perty in local and easements in to and out of property real and personal P.H. 1872, s. 9. (including things in action), as belongs to or is vested in, P.H. 1874, s. 4. or would but for this Act have belonged to or been vested in the council of any borough, or any improvement commissioners or local board as the urban sanitary authority of any district under the Sanitary Acts, or any board of guardians as the rural sanitary authority of any district under those Acts, shall continue vested or vest in such council, improvement commissioners, or local board, or board of guardians as the local authority of their district under this Act, subject to all debts liabilities and obligations affecting the same property. All debts liabilities and obligations incurred by any authority whose powers rights duties liabilities capacities and obligations are under this Act exerciseable by or attached to a local authority may be enforced against the local authority to the same extent and in the same manner as they might have been enforced against the authority which incurred the same. Where an Act of Parliament vests land in commissioners for public purposes, unless there be some special authority to that effect, they have no power to part with the land. Per Erle, C.J. in Tupper v. Nichols, 18 C. B. (N. 8.) 140. A.D. 1875. PART III. SANITARY PROVISIONS. SEWERAGE AND DRAINAGE. Regulations as to Sewers and Drains. Sewers vested 13. All existing and future sewers within the district in local autho- of a local authority, together with all buildings works materials and things belonging thereto, rity. Power to pur P.H., s. 44. Except (1.) Sewers made by any person for his own profit, or by any company for the profit of the shareholders; and (2.) Sewers made and used for the purpose of draining preserving or improving land under any local or private Act of Parliament, or for the purpose of irrigating land; and (3.) Sewers under the authority of any commissioners of sewers appointed by the Crown, shall vest in and be under the control of such local authority. Provided that sewers within the district of a local authority which have been or which may hereafter be constructed by or transferred to some other local authority, or by or to a sewage board or other authority empowered under any Act of Parliament to construct sewers, shall (subject to any agreement to the contrary) vest in and be under the control of the authority who constructed the same or to whom the same have been transferred. See ante, p. liii., as to the object of this proviso. 14. Any local authority may purchase or otherwise chase sewers. acquire from any person any sewer, or any right of making or of user or other right in or respecting a sewer (with or without any buildings works materials or things belonging thereto), within their district, and any person may sell or grant to such authority any such sewer right or property belonging to him; and any purchase money paid by such authority in pursuance of this section shall be subject to |