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 general 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 Act;

11 & 12 VICT.

c. 63.

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; and no such provisional order, or any Exception altered or amended order, shall be made with to certain respect to any local Act of Parliament under for supplying which any waterworks 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:

with respect

local Acts

water.

PUBLIC

HEALTH ACT, 1848.

Consent of town council,

cases.

of

Provided always, that, except for the purposes of main sewerage, no corporate borough or any part thereof shall be included in any &c. in certain 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; but nothing herein contained shall be construed to require such consent to the constitution of a district 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 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; 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

c. 63.

exclusively consisting of such last-mentioned 11 & 12 VICT. parts, although the same parts, or any of them, may have been already included within a district for the purposes of main sewerage (o).

11.

liminary in

with consent

to become a

the general

XI. And be it enacted, that from and after Costs of prethe making of any such order in council, or the quiry, &c., passing of any Act of Parliament confirming of treasury, any provisional order of the general board of charge upon health, the costs, charges, and expenses specially district rates. 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, and be repaid to the said commissioners by annual instalments not exceeding five, 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

(0) In a case submitted, the Attorney, A. E. Cockburn, and Solicitor General, W. P. Wood, were of opinion (June 2, 1851), that an outlying place cannot be united to a district for main sewerage purposes without further inquiry having been held within that place, and notices given, and deposits of report and statements, and order made in and for such place, as well as in and for the district with which it is proposed to be united.

Town council

to be the local

in respect of the said costs, charges, and expenses as shall from time to time remain unpaid.

12.

XII. And be it enacted, that in every district board in dis- exclusively consisting of the whole or part of ing of one bo- one corporate borough the mayor, aldermen,

tricts consist

rough, &c.

and burgesses 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 Selection, &c. in England and Wales (p); and in every

of local boards by

town councils.

district exclusively consisting of two or more of such boroughs, or of one or more of such boroughs and also of part of any other such borough

(p) In the case submitted to them (Sept. 18, 1850), having reference to this and s. 37, the General Board were of opinion that, although it was not compulsory, yet it might be convenient to appoint the town clerk of a corporation clerk to the local board; since the town clerk must sign the notices of meetings under sec. 69 of the Municipal Corporations Act, taken in connexion with sec. 12 of this Act.— See next page. And, in another case submitted to them (June 12, 1851), the board stated that the practice has been in such cases for the town clerk to sign the summons, and also the order for payments. In a case submitted to them (Nov. 5, 1850), they thought a member of the town council must resign his seat on being elected the officer of health of the local board. (See in connexion with this clause the 28th section of the Municipal Corporation Act.)

c. 63.

or boroughs, or exclusively consisting of part of 11 & 12 VICT. 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 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 Selection of whole or part of any such borough or boroughs, and also parts not within the boundaries of any such borough (q), the mayor or mayors for the ratepayers. time being of the borough or boroughs whereof the whole or part is within such last-mentioned district, and such number of other persons as shall be fixed by such provisional order to be

:

(q) Practice in Districts partly Corporate and partly nonCorporate.-The General Board were of opinion (Nov. 4, 1850), that the effect of the provisional order is not to constitute two boards-or two sets of officials: that it is not adviseable to have two sets of minute books that it appeared to them to be the preferable course to enter the proceedings, in relation to main sewerage, under that head, and to confirm in each case the minutes under that head at the first subsequent board for main sewerage purposes that all official correspondence which contains any act of a board should be sealed with the district seal, but letters of the clerk need not, although referring to such Act.

part of local

board by

town councils and part by owners and