18 & 19 VICT. C. 116. and dura lations of general board. and affording to persons afflicted by or threatened with such epidemic, endemic, or contagious diseases such medical aid and such accommodation as may be required: Local extent And from time to time, in like manner, may revoke, renew, and alter any such directions and regulations as to the said board appear expedient,, to tion of regu- extend to all parts in which the provisions of this act for the prevention of disease shall for the time being be put in force under such orders as aforesaid, unless such directions and regulations be expressly confined to some of such parts, and then to such parts as therein are specified; and (subject to the power of revocation and alteration herein contained) such directions and regulations shall continue in force so long as the said provisions of this act shall, under such order, be applicable to the same parts. Publication of such VII. Every such direction and regulation as aforesaid, when issued, shall be published in the London Gazette, and the gazette in which such regulations. direction or regulation was published shall be conclusive evidence of the direction or regulation so published, to all intents and purposes. The local see to the execution of VIII. The local authority shall superintend and see to the execution of authority to such directions and regulations, and shall appoint and pay such medical or other officers or persons, and do and provide all such acts, matters, and such regula- things, as may be necessary for mitigating such disease, or for supertions, &c.; intending or aiding in the execution of such directions and regulations, or and may for executing the same, as the case may require. direct prose- directions, laid before parliament. Order in extend to parts and arms of the IX. The local authority may from time to time direct any prosecutions or legal proceedings for or in respect of the wilful violation or neglect of any such direction and regulation. X. Every order of her Majesty's privy council, and every direction and regulation of the general board of health (a), under this act, shall be laid before both houses of parliament, forthwith upon the issuing thereof, if parliament be then sitting, and if not, then within fourteen days next after the commencement of the then next session of parliament. XI. Orders in council issued in pursuance of this act for putting in force the provisions for the prevention of disease in the said nuisances council may removal and diseases prevention acts contained, in Great Britain, may extend to parts and arms of the sea lying within the jurisdiction of the admiralty; and the board of health (a) for England may issue under this act directions and regulations for cleansing, purifying, ventilating, and disinfecting, and providing medical aid and accommodation, and preventing disease in ships and vessels, as well upon arms and parts of the sea aforesaid as upon inland waters. sea. Medical officer of unions and others entitled to costs of attending sick on board vessels, when required by orders of general board of health. XII. Whenever, in compliance with any regulation of the general board of health (a), which they may be empowered to make under this act, any medical officer appointed under and by virtue of the laws for the time being for the relief of the poor shall perform any medical service on board of any vessel, such medical officer shall be entitled to charge extra for any such service, at the general rate of his allowance for his services for the union or place for which he appointed, and such charges shall be payable by the captain of the vessel, on behalf of the owners, together with any reasonable expenses for the treatment of the sick; and if such services shall be rendered by any medical practitioner who is not a union or parish officer, he shall be entitled to charges for any service rendered on board, with extra remuneration on account of distance, at the same rate as those which he is in the habit of receiving from private patients of the class of those attended and treated on shipboard, to be paid as aforesaid; and in case of dispute in respect of such charges, such dispute may, where the charges do not exceed twenty pounds, be determined summarily, at the place where the dispute arises, as in case of seamen's wages not exceeding fifty pounds, according to the provisions of the law in that behalf for the (a) See 21 & 22 Vict. c. 97, s. 1, post. C. 116. time being in force; and any justice before whom complaint is made shall 18 & 19 VICT. determine summarily as to the amount which is reasonable, according to the accustomed rate of charge within the place for attendance on patients of the like class or condition as those in respect of whom the charge is made. regulations XIII. The directions and regulations of the general board of health Authentica under this enactment shall be under the seal of the said board, and the tion of direchand of the president or two or more members thereof; and any copy of tions and such regulations purporting to bear such seal and signature, whether the of general said signature and seal be respectively impressed and written, or printed board of only, shall be evidence in all proceedings in which such regulations may come in question (a). health. execution of act. XIV. Whoever wilfully obstructs any person acting under the authority Penalty for or employed in the execution of this act, and whosoever wilfully violates obstructing any direction or regulation issued by the general board of health (a) as aforesaid, shall be liable for every such offence to a penalty not exceeding five pounds, to be appropriated in or towards the defraying the expenses of executing this act. XV. The provisions of any general act in force for the removal of Certain pronuisances, with regard to the service of notices, the proof of orders or visions of resolutions of the local authority, and the recovery of penalties, shall extend and apply to this act. nuisances 18 & 19 VICT. c. 120. An Act for the better Local Management of the Metropolis. WHEREAS it is expedient that provision should be made for the better local management of the metropolis in respect of the sewerage and drainage, and the paving, cleansing, lighting, and improvements thereof be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows: 18 & 19 VICT. C. 120. auditors in gards I. The act of the session holden in the first and second years of King Election of William the Fourth, chapter sixty, "For the better Regulation of Vestries, vestries and and for the Appointment of Auditors of Accounts in certain Parishes of parishes in England and Wales," shall be repealed, from and after the passing of this schedules (A.) act, so far as regards any parish mentioned in either of the schedules (A.) and (B.). and (B.) to this act provided always, that the vestry and auditors already 1 & 2 W. 4, elected for any such parish under the said act shall continue to be such c. 60, revestry and auditors until the first election of vestrymen and auditors for pealed so such parish under this act has taken place, but no longer; and the pro- far as revisions of the said act of King William the Fourth shall continue applicable parishes in to every such vestry and to their proceedings, and the books in which the schedules same are entered, and to such auditors and their proceedings accordingly. (A.)and (B.). II. The vestry in every parish mentioned in either of the schedules (A.) Vestries in and (B.) to this act shall consist of a certain number of persons qualified and elected as herein provided; (that is to say,) eighteen vestrymen for either of the every parish in which the number of rated householders shall not exceed schedules one thousand; and six additional vestrymen, that is, twenty-four vestry- (A.) and (B) men, for every parish in which the number of rated householders shall to consist of exceed one thousand; and twelve additional vestrymen, that is, thirty-six 18 or more vestrymen, for every parish in which the number of rated householders than 120 shall exceed two thousand; and so on at the proportion of twelve additional persons (a) See 21 & 22 Vict. c. 97, s. 1, post. parishes named in not less than qualified C. 120. and elected as after provided; 18 & 19 VICT. vestrymen for every thousand rated householders: provided always, that in no case the number of vestrymen shall exceed one hundred and twenty: provided also, that the incumbent and churchwardens of each such parish shall constitute a part of the vestry, and shall vote therein, in addition to the elected vestrymen provided also, that every district rector now constituting in any such parish a part of the vestry thereof shall continue to constitute a part of the vestry thereof under this act provided also, that where in any parish the whole number of persons qualified to be vestrymen shall not amount to eighteen, the vestry thereof shall consist of so many persons as are so qualified, anything in this act to the contrary notwithstanding. Such parishes with more than 2000 holders to be divided into wards. III. Each of the said parishes which at the time of the passing of this act contains more than two thousand rated householders shall be divided into wards; and it shall be lawful for such person or persons as may be rated house- appointed for this purpose as herein provided to determine and set out, on or before the tenth day of October next, the number, extent, limits, and boundary lines of such wards, but so nevertheless that no ward shall contain less than five hundred rated householders, and that the whole number of wards in any parish shall not exceed eight; and the person or persons setting out such wards in any parish shall apportion among the several wards the number of vestrymen to be elected for such parish, and shall, in assigning the number of vestrymen to each ward, have regard, as far as in his or their judgment it is practicable, as well to the number of persons rated to the relief of the poor in each ward as to the aggregate amount of the sums at which all such persons are rated; and the number of vestrymen assigned to each ward shall be a number divisible by three; and a copy of the particulars of such division and apportionment shall be forthwith transmitted to one of her Majesty's principal secretaries of state, and also to the vestry clerk of the parish to which such division and apportionment relate; and if her Majesty, by the advice of her privy council, approve of such division and apportionment, the particulars thereof shall be published in the London Gazette; and the parish shall, after such publication, be deemed to be divided into such wards so determined and set out, and such division shall continue and be in force until the same be altered as herein provided; and the number of vestrymen assigned to each ward shall be the number to be elected for such ward until altered as aforesaid provided always, that if her Majesty, by advice of her privy council, do not approve such division and apportionment, such publication as aforesaid shall nevertheless be made, and such division and apportionment be in force for the purpose of any election under the provisions of this act, until such time as her Majesty, by advice of her privy council, upon further information and report from any such person or persons, definitively approve the division of such parish into wards, and of the number of vestrymen assigned to each ward in manner herein before mentioned: provided also, that where any parish is already divided into wards under any local act such parish shall be deemed to be divided into such wards for the purposes of this act, without any division of such parish into wards being made as herein before provided, but the number of vestrymen to be elected for such parish shall be apportioned as aforesaid among the wards of such parish by such person or persons as may be appointed for that purpose as herein provided. Power to state to sons to set out the IV. One of her Majesty's principal secretaries of state shall, as soon as secretary of conveniently may be after the passing of this act, appoint not more than appoint perfour fit persons, the names of such persons to be published in the London Gazette, to set out the wards into which the said parishes are by this act directed to be divided, and to apportion the number of vestrymen to be wards, and elected for such parishes respectively among such wards, and also to apportion the number of vestrymen to be elected for any parish already divided vestrymen into wards as aforesaid among such wards; and any one or more of such to be elected. apportion number of C. 120. persons may be appointed to act as aforesaid separately from any other or 18 & 19 VICT. others of them as such secretary of state may see fit; and such secretary of state shall, in case circumstances appear to him so to require, appoint any other fit person or persons in the place of or in addition to any such person or persons originally appointed under this provision; and every person appointed to set out such wards shall be paid at a rate not exceeding the sum of five guineas for every day that he is employed by virtue of such appointment, and the amount payable to him in respect of such employment in each parish shall be determined and certified by the commissioners of her Majesty's treasury, and the amount so certified shall be paid out of the poor rates of the parish. of wards V. When at any time, upon any account taken of the population by the If relative authority of parliament, the relative numbers of the inhabited houses in amounts of the several wards of any parish divided into wards as aforesaid are found population to have varied from those shown by the last previous census, it shall be vary in any lawful for the metropolitan board of works, upon the application of the future vestry or any ratepayers of such parish, to alter the number of vestrymen census, the assigned to such wards or any of them, but so that the number of vestry- vestrymen men assigned to each ward shall be a number divisible by three. numbers of may be tion of vestrymen. VI. The vestry elected under this act in any parish shall consist of altered. persons rated or assessed to the relief of the poor upon a rental of not less Qualificathan forty pounds per annum (a); and no person shall be capable of acting or being elected as one of such vestry for any parish unless he be the occupier of a house, lands, tenements, or hereditaments in such parish, and be rated or assessed as aforesaid upon such rental as aforesaid within such parish provided always, that in any parish in which the number of poor rate assessments at forty pounds or upwards does not exceed one-sixth of the whole number of such assessments, it shall not be necessary, in order to qualify a person to be a vestryman, that the amount of rental upon which he is rated or assessed as aforesaid exceed twenty-five pounds: provided also, that the joint occupation of any such premises as aforesaid, and a joint rating in respect thereof, shall be sufficient to qualify each joint occupier in case the amount of rental on which all such occupiers are jointly rated will, when divided by the number of occupiers, give for each such occupier a sum not less than the amount herein before required. VII. The first election of vestrymen under this act in every parish shall As to the be holden in the month of November next after the passing of this act, and first election of vestrybetween the fifth and twenty-first days of that month, and the day on men under which such election shall commence shall be appointed by the church- this act. wardens of the parish, and twenty-one days previously to the day of election notice of such election shall be given in manner hereinafter directed concerning notice of election of vestrymen and auditors, and the next such election shall take place on such day in the month of May in the year one thousand eight hundred and fifty-seven as the vestry shall appoint, and every subsequent election shall take place annually in the month of May in every year as the vestry appoint. VIII. At the first such election of vestryinen as aforesaid for any parish The full the full number of elective vestrymen of which such vestry is to consist as number of herein before mentioned shall be elected, and such vestrymen, with such to be chosen vestrymen other persons as herein before mentioned, shall forthwith be deemed to con- at first stitute the vestry of such parish, and shall supersede any existing vestry election, therein, and exercise the powers and privileges held by such existing and existing vestry, save as in this act otherwise provided; and the authority of such superseded. vestry may be pleaded before any justice or justices of the peace, or in any court of law in regard to all parochial property or monies due, or holdings or contracts, or other documents of the like nature, under the control or in the keeping of such existing vestry; and all parish officers or boards shall (a) See 19 & 20 Vict. c. 112, s. 8, post. vestries 18 & 19 VICT. account to them in like manner as they are by law liable to account to such existing vestry. C. 120. As to the term of office of vestrymen elected at first elec tion, and elections. IX. One third of the vestrymen first elected under this act in any parish, or, where such parish is divided into wards under this act, in each ward of such parish, shall go out of office at the time appointed for the election of vestrymen in the year one thousand eight hundred and fifty-seven, one other third of them at the time appointed for such election in the year one thousand eight hundred and fifty-eight, and the remaining third at the as to future time appointed for such election in the year one thousand eight hundred and fifty-nine; and the vestry shall, at some meeting before the time of the election in one thousand eight hundred and fifty-seven, determine by lot which of the members first elected shall constitute the one-third to go out of office in the years one thousand eight hundred and fifty-seven and one thousand eight hundred and fifty-eight respectively; and all members from time to time elected at the annual elections after the first election shall go out of office at the time appointed for the annual election in the third following year, except such members as are elected to supply vacancies occasioned otherwise than by effluxion of time; and such last-mentioned members shall go out of office at the respective times when the terms of office of the members in whose places they are respectively elected would have expired by effluxion of time. Vacancies to at annual elections. X. At every election of vestrymen under this act, except the first, for be filled up any parish or any ward of any parish, the parishioners of such parish entitled to vote in such election shall elect as many vestrymen as there are vacancies in the vestry, or among the vestrymen elected for such ward, whether such vacancies be occasioned by the expiration of the term of office, or by death or otherwise. Appointment of auditors of XI. For every parish mentioned in either of the schedules (A.) and (B.) to this act there shall be elected such number as hereinafter mentioned of accounts for the ratepayers of the parish who have signified in writing their assent to parishes in serve to be auditors of accounts, which auditors shall be so elected at the schedules same times and in the same manner as members of the vestry; and the (A.) and (B.). number of ratepayers so to be elected auditors in any parish not divided into wards under this act shall be five, and the number of ratepayers so to be elected auditors in any parish which is divided into wards shall be the same as the number of wards, one auditor being elected in each ward: provided always, that where the number of wards into which any parish is divided exceeds five, the vestry of such parish shall at their first meeting after the election of auditors as aforesaid, in any year, elect by ballot from among such auditors five of them, and the five persons so elected by ballot shall be the auditors for such parish exclusively of any other person or persons who may have been elected an auditor or auditors for such parish under the provisions herein contained; and a list of the five persons so elected by the vestry shall be forthwith published by the churchwardens in the parish as herein provided: provided also, that no person shall be eligible to fill the office of auditor of accounts who is not qualified to fill the office of vestryman for the parish; but no person shall be eligible to fill the office of auditor who is a member of the vestry; and if any person be chosen to be both a member of the vestry and auditor of accounts he shall be incapable of acting as a vestryman. As to the term of office of Auditors. Notice of elections. XII. The auditors first elected under this act in any parish as aforesaid shall go out of office at the time appointed for the election of vestrymen and auditors in the year one thousand eight hundred and fifty-seven, and the auditors then elected and to be thereafter elected shall go out of office at the election of vestrymen and auditors in the year next following their election. XIII. The church wardens of every parish mentioned in either of the said schedules (A.) and (B.), which is not divided into wards, shall, on some Sunday at least twenty-one days previously to the day of annual |