21 & 22 VICT. Act, 1845, shall be repealed, and the following regulations shall be observed C. 9%. as to the purchase of land. Publication of notices. Service of notices. Power to local board to petition secretary of state upon matters herein stated. Secretary of state may direct inquiry; and may make provisional order: with respect to the purchase of land by local boards for the purposes of this act (that is to say), (1.) The Lands Clauses Consolidation Act, 1845 (a), shall be incor- (2.) The local board, before putting in force any of the powers of the By delivery of the same personally on the party required to be By forwarding the same by post in a registered letter addressed to the usual or last known place of abode of such party : (3.) Upon compliance with the provisions herein before contained with respect to advertisements and notices, the local board may, if they shall think fit, present a petition under their seal to one of her Majesty's principal secretaries of state: the petition shall state the land intended to be taken, and the purposes for which it is required, and the names of the owners, lessees, and occupiers of land who have assented, dissented, or are neuter in respect of the taking such land, or who have returned no answer to the notice: it shall pray that the local board may, with reference to such land, be allowed to put in force the powers of the said Lands Clauses Consolidation Act with respect to the purchase and taking of land otherwise than by agreement, and such prayer shall be supported by such evidence as the secretary of state requires : (4.) Upon the receipt of such petition, and upon due proof of the proper advertisements having been published and notices served, the secretary of state shall take such petition into consideration, and may either dismiss the same, or direct an inquiry in the district in which the land is situate, or otherwise inquire as to the propriety of assenting to the prayer of such petition; but until such inquiry has been made in the district, after such notice as may be directed by the secretary of state, no provisional order shall be made affecting any land, without the consent of the owners, lessees, and occupiers thereof: (5.) After the completion of the inquiry as last aforesaid, the secretary of state may, by provisional order, empower the local board to put in force with reference to the land referred to in such order the powers of the said Lands Clauses Consolidation Act with respect (a) See note p. 118, and see also 24 & 25 Vict. c. 61, ss. 18-22, post. C. 98. until con to the purchase and taking of land otherwise than by agreement, 21 & 22 VICT. or any of them, and either absolutely or with such conditions and modifications as he may think fit, and it shall be the duty of the local board to serve a copy of any order so made in the manner and upon the person in which and upon whom notices in respect of such land are hereinbefore required to be served: (6.) No provisional order so made shall be of any validity unless the No prosame has been confirmed by act of parliament, and it shall be visional lawful for the secretary of state as soon as conveniently may be order valid to obtain such confirmation, and the act confirming such order firmed by shall be deemed to be a public general act of parliament: parliament. (7.) All costs, charges, and expenses incurred by the said secretary of Costs how state in relation to any such provisional order as last aforesaid to be defrayed. shall, to such amount as the commissioners of her Majesty's treasury think proper to direct, become a charge upon the general district rates levied in the district to which such order relates (a), and be repaid to the said commissioners of her Majesty's treasury 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 in respect of the said costs, charges, and expenses as may from time to time remain unpaid. LXXVI. Every local board shall make an annual report, in such form and at such time as the secretary of state may from time to time direct, of all works executed by them during the preceding year, and of all sums Local board received and disbursements made, under and for the purposes of this act, to report. and publish the same in some newspaper circulating in the district, and shall send a copy to the secretary of state. Local board to report. Provisional orders and powers of secretary of state. LXXVII. The one hundred and forty-first section of the Public Health Act, 1848 (b), shall be repealed, and in lieu thereof be it enacted as follows: whenever it appears desirable to the local board of any district, or to the majority of the owners and ratepayers in any parish, township, hamlet, or place maintaining its own roads or its own poor, adjoining any district, or to the majority of owners and ratepayers in any part of a district, such Petition for majorities to be ascertained in the way herein provided for voting with tion with or respect to the adoption of this act, That any portion of such parish, township, hamlet, or place should be or whenever it appears to the local board of any district desirable, (1.) They may present a petition to one of her Majesty's principal secretaries of state, praying for such incorporation, separation, provision, repeal, and alteration as aforesaid, or for any of such things, and such petition shall be supported by such evidence as the said secretary requires: incorpora separation from district, or for repeal, &c., of local acts. state on (2.) Upon the receipt of any such petition inquiry may be directed in Power of the district in respect of the several matters mentioned in the petition, secretary of after giving fourteen days notice of the time, place, and subject of the receipt of inquiry: petition: (3.) It shall be lawful for any of her Majesty's principal secretaries of to issue (a) See 24 & 25 Vict. c. 61, s. 27, post. (b) p. 294. C. 98. order, ani obtain con trict. 21 & 22 VICT state to issue a provisional order in relation to the several things mentioned in the petition, and either in accordance with the prayer thereof, or with such modifications as may be requisite; and when the order provides for the incorporation of a portion of any such parish, township, hamlet, or scht of cis- place with the district, or the separation of any part from the district, an inspector shall proceed to the district for the purpose of obtaining the consent to such order of the place of which it is proposed that a portion should be incorporated, or of the part to be separated, and also, if such orler provide for any such incorporation, the consent of the petitioning district: (4.) The consent of the petitioning district to such order shall be testified by a resolution of the local board of such district, and the consent of any place or part by a resolution passed by a majority of the ratepayers resident in any such place or part assembled at a meeting convened for the purpose; and the inspector shall, for the purpose of obtaining such consents, have power to convene meetings of the local board of any district, or meetings of the ratepayers of any place or part, with fourteen days notice of the time, place, and subject of such meetings, and to do all such matters and things as may be expedient for that purpose: Consents how testified. Provision as to meet ings of part or place. Secretary of state to obfirmation of tain con order. Extension of borrowing powers in certain Causes. Secretary of (5.) In the case of a meeting of the ratepayers of any place or part, the ratepayers present shall elect a chairman; and a declaration by the chairman that the opinion of the meeting is in favour or against any resoluti n, as the case may be, shall, in the absence of proof to the contrary, be sufficient evidence that the resolution is passed: the inspectors shall have power to attend any such meeting: (6.) Whenever such consents as aforesaid have been given in the cases in which they are herein before required, the said secretary of state shall, as soon as conveniently may be, take all necessary steps for the confirmation of such order by act of parliament; but previously to such contiraation it shall not be of any validity whatever, and every act of parliament confirming such order shall be deemed a public general act. In case any petition shall be presented to either house of parliament against any provisional order framed in pursuance of this act, in the progress through parliament of the bill confirming the same. the bill, so far as it relates to the order so petitioned against, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of private bills. LXXVIII. Where a local board, or any board of improvement commissioners exercising the borrowing powers of the Public Health Act, 184, or this act, or of any local act, has contributed to, purchased, or executed works of sewerage and water supply, or proposes to contribute to, purchase, or execute such works, and where the cost of such works exceeds or is estimated to exceed one year's assessable value of the premises assessable within the district in respect of which such money may be borrowed (a), it shall be lawful for such board to present a petition to one of her Majesty's principal secretaries of state praying for powers to borrow or reborrow for such works, on mortgage of the rates leviable by them under the Publie Health Act, 1818, and this act, and any local act, an amount not exceeding two years assessable value of the premises assessable within the district in respect of which such money may be borrowed or reborrowed, such amount to be repaid within such period not exceeding fifty years as such board, with the sanction of one of her Majesty's principal secretaries of state, shall in each case determine; and it shall be lawful for any of her Majesty's principal secretaries of state to direct inquiry on such petition, and to issue a provisional order thereupon, and to take steps for the confirmation of any such provisional order by act of parliament in the manner sanctioned in the preceding section. LXXIX. It shall be lawful for the secretary of state to report annually (a) See 24 & 25 Vict. c. 61, s. 19, post. to parliament on the execution of this act, to make or direct such inquiries 21 & 22 Vier, as are directed by this act, and to appoint from time to time such officers, CC 98. clerks, and servants as he may require for the purposes of this act, and at state to prohis pleasure to remove any such officers, clerks, or servants; and the vide for commissioners of her Majesty's treasury shall fix the salaries and allow- execution ances of such officers, clerks, and servants. of act. LXXX. Any officer directed by one of her Majesty's principal secretaries Powers or of state to inquire into any matter into which such secretary is empowered inquiry directed by to direct inquiry under this act shall, for the purposes of such inquiry, secretary of have all the powers vested in superintending inspectors by the one hundred state. and twenty-first section of the Public Health Act, 1818 (a). binding. LXXXI. All orders made by one of her Majesty's principal secretaries Orders of of state in pursuance of this act shall be binding and conclusive in respect secret try of of the matters to which they refer (b); and any such secretary may make state to be orders as to the costs of any appeal to him under this act, and the parties by whom such costs are to be borne; and every such order may be made a rule of one of the superior courts of law, on the application of any party named therein. LXXXII. Notwithstanding anything contained in this act, the Oxford Orford and and Cambridge commissioners, described in the thirty-first section of the Cambridge. Public Health Act, 1848 (c), shall be the bodies authorised to adopt this Exception act for the districts respectively within their jurisdiction; and in the event of Oxford of the adoption of this act by the said Cambridge commissioners, the said and Camcommissioners shall be the local board for the district of Cambridge; and bridge. in the event of such adoption by the said Oxford commissioners, the local board of the Oxford district shall consist of the vice-chancellor of the University of Oxford and the mayor of Oxford for the time being, and of forty-five other commissioners, fifteen to be elected by the University of Oxford, sixteen by the town council of Oxford, and fourteen by the ratepayers of the parishes situate within the jurisdiction of the Oxford commissioners; and the election of such commissioners by the town council and by the ratepayers of the parishes respectively shall be conducted at the same time, in the same way, and subject to the same regulations in and subject to which members constituting the body of Oxford commissioners are now respectively chosen by such town council aud parishes; and the fifteen commissioners to be elected by the University shall be elected as follows: namely, four commissioners shall be elected by the University in convocation, and eleven commissioners shall be elected by the heads and senior bursars of the several colleges, and by the heads of the several halls; and the elections shall be conducted by the said University, and by the colleges and halls respectively, at the same time and in the same way, and subject to the same regulations, in and subject to which guardians of the poor for the University and for the colleges aud halls are now chosen by them respectively, save that in the election of commissioners the heads and burzars of all the colleges and the heads of all the balls shall be summoned by the vice-chancellor for that purpose, and shail be entitled to vote; and differences between either of the universities of Oxford and Cambridge and the local boards of Oxford and Cambridge respectively within the meaning of the one hundred and fifth section of the Public Health Act, 1848 (d), shall be settled by arbitration in the manner provided by that act. (a) p. 288. (b) See Fx parte Bird, 28 L. J., Q. B. 223. (c) p. 260; and see the 27 & 28 Viet. c. 68. of "That the Local Government Act, 1858, be adopted in the of 19, Fore Street. N.B. The ratepayer will put his initials under the heading "in favour or "against," according as he votes for or against the resolution. He is also required to subscribe his name and address at full length. If a voter cannot write, he must make his mark instead of initials, but such mark must be attested by a witness, and such witness must write the initials of the voter against his mark. If a proxy vote, he must add after his signature the words, "as proxy for," with the name of corporation or company for which he is proxy. This paper will be collected on the of and TAKE NOTICE. "If any person wilfully commits any of the acts following, that is to say, fabricates in whole or in part, alters, defaces, destroys, abstracts, or purloins, any voting paper, or personates any person entitled to vote in pursuance of the Public Health Act, 1848, or this act, or falsely assumes to act in the name or on the behalf of any person so entitled to vote, or interrupts the distribution of any voting papers, or distributes the same under a false pretence of being lawfully authorised so to do, he shall for every such offence be liable, on conviction before two justices, to be imprisoned in the common gaol or house of correction for any period not exceeding three months, with or without hard labour." (Local Government Act, 1858.) (Signed by the Summoning Officer.) FORM B. By virtue of the Public Health Act, 1848, the local board of health for the district of do hereby declare and absolutely order that the inheritance of the [dwelling house, shop, lands, and premises as the case may be], situate in street, in the parish of district, and now in the occupation of with the sum of pounds, paid by of within the said shall be absolutely charged for the improve ment by drainage and water supply [as the case may be] of the same dwelling house, shop, lands, and premises [as the case may be], together with interest for the same from the date hereof at pounds per centum per annum, until full payment thereof; and also all costs incurred by the |