Sidebilder
PDF
ePub

that "No petitioners against any Private Bill, or any Bill to confirm any *provisional order or provisional certificate, shall be heard before the "Committee on the Bill unless their petition shall have been prepared "and signed in strict conformity with the rules and orders of this House, and "shall have been presented to this House by having been deposited in the "Private Bill Office not later than 10 clear days after the first reading of "such Bill, except where the petitioners shall complain of any matter "which may have arisen during the progress of the Bill before the said "Committee, or of any proposed additional provision, or of the amendments as proposed in the filled up Bill deposited in the Private Bill Office."

[ocr errors]

A.D. 1875.

298. The reasonable costs of any local authority in Costs of provirespect of provisional orders made in pursuance of this sional orders. Act, and of the inquiry preliminary thereto, as sanctioned. 1872, s. by the Local Government Board, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the local authority interested in or affected by such provisional orders, and such costs shall be paid accordingly; and if thought expedient by the Local Government Board, the local authority may contract a loan for the purpose of defraying such costs.

-

Power to Select Committees on Bills confirming provisional orders to award costs. By an Act to empower Committees on Bills confirming or giving effect to provisional orders to award costs, and examine witnesses on oath, any select Committee of either House of Parliament to which any bill for confirming or giving effect to provisional orders has been referred, in relation to any provisional order therein contained, may award costs, in like manner and under the same conditions under which costs may be awarded by any select Committee under the Act of the 28 & 29 Vict. c. 27 and the provisions of the said Act, so far as they are applicable, shall have effect accordingly. 34 Vict. c. 3, s. 2.

For the purpose of the 34 Vict. c. 3, the words "Provisional Order" shall include provisional certificates, schemes, and orders in the nature of provisional orders, made under the authority of any statute, and requiring to be confirmed, sanctioned, or carried into effect by Act of Parliament. 34 Vict. c. 3, s. 4.

Examination of witnesses on oath by Committee of House of Commons.— Any Committee of the House of Commons may administer an oath to the witnesses examined before such Committee; and any person so examined who wilfully gives false evidence shall be liable to the penalties of perjury. 34 & 35 Vict. c. 83, s. 1.

Repeals of Acts.-An enclosure Act would not be an Act repealable by provisional order under the Public Health Act, 1875.

Provisional order cannot be quashed by certiorari.-A provisional order of the Secretary of State, under s. 77 of 21 & 22 Vict. c 98, was not one that could be removed by certiorari for the purpose of being quashed-per Cockburn, C.J., "the object of the inquiry by the Secretary of State, wherein he makes his order, is to supersede certain inquiries by Parliament itself, which would considerably enhance the expense; in fact, to substitute an inquiry by the Secretary of State, and so assist the legislature in deciding whether or not the measure is a proper one to pass into a law, and until the Act of Parliament is obtained the order itself has no validity; and were we to question this order, we should be usurping functions which do not belong to us, and be stepping in to stop the action of Parliament. This is beyond our sphere of action." Frewen v. Hastings, 12 L. T. (N.S.) 346; 34 L. J. Q. B. 159; 11 Jur. (N.s.) 670; 29 J. P. 711; S. C. Reg. v. Hastings, 6 B. & S. 401.

T

A.D. 1875.

Proceedings on complaint to

Board of

authority. San. 1866, s. 49.

P.H. 1874, s. 20.

It is necessary that applications for provisional orders should be made either before l'arliament meets or early in the session; otherwise there will be great delay in the order being confirmed by Parliament; for by an annual resolution of the House of Lords it is ordered that no Bill confirming any provisional order shall be read a second time after a day named in the month of June. See House of Lords' Minutes of 24th April, 1873, p. 513, where 20th of June is the day named.

Private Bills.-In connection with this subject it is right to refer to the Standing Orders which were passed by both Houses of Parliament during the session 1873, requiring that a printed copy of every private Bill whereby applications is made on behalf of any urban or rural sanitary authority in respect of any purpose to which the Sanitary Acts relate shall be deposited with the Local Government Board at the same time as such bills are required to be deposited with the officers of the Houses of Parliament; and further that in the case of Bills whereby any local authority is enabled to borrow money any report made by the Local Government Board to either House upon any such Bill shall be referred to the Select Committee on the Bill.

Power of Board to enforce performance of Duty by
defaulting Local Authority.

299. Where complaint is made to the Local Government Board that a local authority has made default in providdefault of local ing their district with sufficient sewers, or in the maintenance of existing sewers, or in providing their district with a supply of water, in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or that a local authority has made default in enforcing any provisions of this Act which it is their duty to enforce, the Local Government Board, if satisfied, after due inquiry, that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of their duty in the matter of such complaint. If such duty is not performed by the time limited in the order, such order may be enforced by writ of Mandamus, or the Local Government Board, may appoint some person to perform such duty, and shall by order direct that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default; and any order made for the payment of such expenses and costs may be removed into the Court of Queen's Bench, and be enforced in the same manner as if the same were an order of such Court.

S.U. 1867, s. 2.

Any person appointed under this section to perform the duty of a defaulting local authority shall, in the performance and for the purposes of such duty, be invested with

all the powers of such authority other than (save as hereinafter provided) the powers of levying rates; and the Local Government Board may from time to time by order change any person so appointed.

See the Introduction, ante, pp. lxvi, lxxxv.

An order of the Secretary of State under 29 & 30 Vict. c. 90, s. 49, recited that the sewer authority had "male default in providing a proper system of main drainage" and proceeded: “I do order the said authority to do its duty and begin to set about the works for the purpose within the month from the date of this order, and proceed therewith until completion;" after the month the sewer authority having done nothing, the Secretary of State made a second order appointing J. B. " to perform the said duty of the sewer authority in respect to sewerage as he shall be directed by me." The Court held that these two orders were justified by the enactments of s. 49. Reg. v. Cockerell, L. B. 6 Q. B. 252.

With regard to an order of the Secretary of State under 29 & 30 Vict. c. 90, s 49, the following unreported case may here be cited:

Court of Queen's Bench, November 25th, 1870.

The Town Council of Darlington v. The Secretary of State. (Before Lord Chief Justice COCKBURN, and Justices LUSH and HANNEN.) THIS was a rule calling upon the Home Secretary to show cause why a writ of certiorari should not issue for the purpose of bringing up, to be quashed, an order made by the Secretary of State, under the 49th section of the Sanitary Act, 1866. The order, after stating that complaint had been made to the Secretary of State that the Town Council had made default in providing a proper sewage outfall and means of sewage disposal, and that an inquiry had been held, ordered "That the time within which "the Town Council of Darlington shall set about the performance of its "duty in the matter of the said complaint, by furnishing me with a plan "and estimate for effecting this object and acquiring either by compulsory "purchase, lease, or other method, the land necessary for a sewage irriga"tion farm, shall be on or before the 31st of October." The Town Council's objections to the Order were that as the responsibility of performing the duty rests with them the Secretary of State had no power to prescribe the manner in which it is to be done, or to require the work to be done under his superintendence, or a plan and estimate to be furnished to him, and much less a plan and estimate for acquiring land for a sewage irrigation farm, which farm the Town Council are under no obligation to establish, and that the limit of the time for furnishing such plan and estimate is not a limit of the time for the performance of the duty of the Town Council in the matter of the complaint.

SIR JOHN KARSLAKE, Q.C., appeared on behalf of the Town Council, and the Attorney-General for the Secretary of State.

THE ATTORNEY-GENERAL said, since the rule was moved, he had looked at the Order of the Home Secretary, and he was bound to admit that he could not support it; and therefore he would consent to the rule being made absolute to quash the Order.

Rule absolute accordingly.

See also ante, p. 269, with regard to proceedings for raising a sum for payment of a debt within the district of a defaulting authority.

A.D. 1875.

San. 1869, s. 8.

expenses.

300. Any sum specified in an order of the Local Go- Further provernment Board for payment of the expenses of perform- vision for ing the duty of a defaulting local authority, together with recovery of the costs of the proceedings, shall be deemed to be San. 1869, s. 8. expenses properly incurred by such authority, and to be a debt due from such authority, and payable out of any

A.D. 1875.

Power of Board

to borrow to defray expenses of per

forming duty of defaulting

authority.

San. 1869, ss. 4, 5.

moneys in the hands of such authority or of their officers, or out of any rate applicable to the payment of any expenses properly incurred by such authority, which rate is in this part of this Act referred to as "the local rate." If the defaulting authority refuses to pay any such sum, with costs, as aforesaid, for a period of fourteen days after demand, the Local Government Board may by order empower any person to levy, by and out of the local rate, such sum (the amount to be specified in the order) as may in the opinion of the Local Government Board be sufficient to defray the debt so due from the defaulting authority, and all expenses incurred in consequence of the nonpayment of such debt.

Any person or persons so empowered shall have the same powers of levying the local rate, and requiring all officers of the defaulting authority to pay over any moneys in their hands, as the defaulting authority would have in the case of expenses legally payable out of a local rate to be raised by such authority; and the said person or persons, after repaying all sums of money so due in respect of the order, shall pay the surplus, if any, (the amount to be ascertained by the Local Government Board,) to or to the order of the defaulting authority.

301. The Local Government Board may from time to time certify the amount of expenses that have been incurred, or an estimate of the expenses about to be incurred, by any person appointed by the said Board under this Act to perform the duty of a defaulting local authority; also, the amount of any loan required to be raised for the purpose of defraying any expenses that have been so incurred, or are estimated as about to be incurred; and the certificate of the said Board shall be conclusive as to all matters to which it relates.

Whenever the Local Government Board so certifies a loan to be required, the Public Works Loan Commissioners may advance to the Local Government Board, or to any person appointed as aforesaid, the amount of the loan so certified to be required on the security of the local rate, without requiring any other security; and the Local Government Board, or the person so appointed, may, by any instrument duly executed, charge the local rate with the repayment of the principal and interest due in respect of such loan, and every such charge shall have the same effect as if the defaulting local authority were empowered to raise such loan on the security of the local rate, and had duly executed an instrument charging the same on the local rate.

A.D. 1875.

principal and

302. Any principal money or interest for the time being due in respect of any loan under this Act made for the payment of the expenses incurred or to be incurred in Recovery of the performance of the duty of a defaulting local authority interest. shall be taken to be a debt due from such authority, and San. 1869, ss. in addition to any other remedies may be recovered in the 6, 7. manner in which a debt due from a defaulting authority may be recovered in pursuance of the provisions of this part of this Act.

The surplus (if any) of any such loan, after payment of the expenses aforesaid, shall, on the amount thereof being certified by the Local Government Board, be paid to or to the order of the defaulting authority.

"Expenses," for the purposes of the provisions of this Ib. s. 10. part of this Act relating to defaulting local authorities, shall include all sums payable under those provisions by or by the order of the Local Government Board, or the person appointed by that Board.

Powers of Board in relation to Local Acts, &c.

303. The Local Government Board may, on the applica- Power to tion of the local authority of any district by provisional repeal and alter order, wholly or partially repeal alter or amend any Local local Acts. L.G., s. 77. Act, other than an Act for the conservancy of rivers, P.H. 1872, s. which is in force in any area comprising the whole or part 33. of any such district and not conferring powers or privileges 18. on any persons or person for their or his own pecuniary P.H. 1874, s. benefit, which relates to the same subject matters as this Act. 16.

Any such provisional order may provide for the extension of the provisions of the Local Act referred to therein beyond the district or districts within the limits of such Act, or for the exclusion of the whole or a portion of any such district from the application of such Act; and may provide what local authority shall have jurisdiction for the purposes of this Act in any area which is by such order included in or excluded from such district.

As to this section, see the Introduction, ante, pp. lxvi, lxxxv.

P.H. 1874, s.

transfer of

304. On the application of any authority from whom Settlement of or to whom any powers rights duties capacities liabilities differences obligations and property, or any of them, are at any time arising out of transferred or alleged or claimed to be transferred in powers or pursuance of this Act, or any provisional order made property to thereunder, or on the application of any person affected P.H. 1872, s. by such transfer, the Local Government Board may by 39. order settle any doubt or difference, and adjust any P.H. 1874, 8. accounts arising out of or incidental to such powers rights

local authority.

17.

« ForrigeFortsett »