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AUTHORITIES FOR EXECUTION OF ACT.
CONSTITUTION OF DISTRICTS AND AUTHORITIES. 5. For the purposes of this Act England, except the Metropolis, shall Urban and consist of districts to be called respectively
districts. (1.) Urban sanitary districts, and
(2.) Rural sanitary districts, (in this Act referred to as urban and rural districts); and such urban and rural districts shall respectively be subject to the jurisdiction of local authorities, called urban sanitary authorities and rural sanitary authorities (in this Act referred to as urban and rural authorities), invested with the powers in this Act mentioned.
6. URBAN districts shall consist of the places in that behalf mentioned in Description of the first column of the table in this section contained, and urban authorities and urban
urban districts shall be the several bodies of persons specified in the second column of the said authorities. table in relation to the said places respectively.
Borough constituted such either before or after the passing of The Mayor, Aldermen, this Act.
and Burgesses acting
by the Council. Improvement Act district constituted such before the passing The Improvement Com.
of this Act, and having no part of its area situated within a missioners.
borough or local government district.
after the passing of this Act, having no part of its area
Local Government district or Improvement Act district, and any
such larger district, shall be the urban authority therein ; and
Government district, the improvement commissioners, and not a local
board, shall be the urban authority therein; and
borough or Local Government district, or where any part of a Local
For the purposes of this Act, the boroughs of Oxford, Cambridge, Blandford, Calne, Wenlock, Folkestone, and Newport Isle of Wight, shall not be deemed to be boroughs, and the borough of Cambridge shall be deemed to be an Improvement Act district, and the borough of Oxford to be included in the Local Government district of Oxford. So much of the borough of Folkestone as is not included within the Local Government district of Sandgate shall be an urban district, and shall be under the jurisdiction, for the purposes of this
Act, of the authority for executing the Folkestone Improvement Act, 1855. Incorporation 7. EVERY local board, and any improvement commissioners being an urban of local boards and improve authority and not otherwise incorporated, shall continue to be or be a body ment commis- corporate, designated (in the case of local boards and improvement com
missioners being urban sanitary authorities at the time 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 license in mort main for the purposes of this Act. Election of 8. THE members of local boards shall be elective; and the number and lo al boards.
qualification of members of local boards, 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. Descrption of 9. The area of any union which is not coincident in area with an urban rural districts
district, nor wholly included in an urban district (in this section called a rural authorities. union), with the 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
belonging to such union, which parish or part of a parish forms or is
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 situate i
in an urban district, the Local Government Board niay 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 members of the rural authority in the same manner as if no part of such parish formed part of or was situated in an urban district.
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 nuinber 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.
Subject to the provisions of this Act, all statutes orders 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. 10. In addition to the powers rights duties capacities liabilities and Powers and
duties of urban obligations exerciseable by or attaching to an urban authority under this Act, authorities. every urban authority shall 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 or attaching by and to the local authority under the Bakehouse Regulation Act, and the Artizans and Labourers Dwellings Act, or any Acts ainending 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 cominissioners 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 of any urban authority, such authority may adopt such Acts.
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. 11. In addition to the powers rights duties capacities liabilities and Powers and
duties of rural obligations exerciseable by or attaching to a rural authority under this authorities. Act, every rural authority shall, 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.
Vesting of 12. FROM and after the passing of this Act all such property real and property in personal, including all interests rights and easements in to and out of property hotels
real and personal (including things in action), as belongs to or is vested in, 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.
Sewers vested in local authority.
SEWERAGE AND DRAINAGE.
Regulations as to Sewers and Drains.
for the profit of the shareholders; and
improving land under any local or private Act of Parliament, or for
the purpose of irrigating land; and
by the Crown,
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.
14. Any local authority may purchase or otherwise 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 the same trusts (if any) as the sewer right or property sold was subject to.
But any person who, previously to the purchase of a sewer by such authority, has acquired a right to use such sewer shall be entitled to use the same, or any sewer substituted in lieu thereof, to the same extent as he would or might have done if the purchase had not been made.
Power to purchase sewers.
15. EVERY local authority shall keep in repair all sewers belonging to them, Maintenance and shall cause to be made such sewers as may be necessary for effectually and making of draining their district for the purposes of this Act.
16. Any local authority may carry any sewer through across or under any Powers for turnpike road, or any street or place laid out as or intended for a street, or making sewers. under any cellar or vault which may be under the pavement or carriageway of any street, and, after giving reasonable notice in writing to the owner or occupier (if on the report of the surveyor it appears necessary), into through or under any lands whatsoever within their district.
They may also (subject to the provisions of this Act relating to sewage works without the district of the local authority) exercise all or any of the powers given by this section without their district for the purpose of outfall or distribution of sewage.
17. NOTHING in this Act shall authorise any local authority to make or Sewage to be use any sewer drain or outfall for the purpose of conveying sewage or filthy being dis
purified before water into any natural stream or watercourse, or into any canal pond or lake charged into until such sewage or filthy water is freed from all excrementitious or other streams. foul or noxious matter such as would affect or deteriorate the purity and quality of the water in such stream or watercourse or in such canal pond or lake. 18. Any local authority may from time to time enlarge lessen alter the Alteration and
discontinuance course of cover in or otherwise improve any sewer belonging to them, and may discontinue close up or destroy any such sewer that has in their opinion become unnecessary, on condition of providing a sewer as effectual for the use of any person who may be deprived in pursuance of this section of the lawful use of any sewer : Provided that the discontinuance closing up or destruction of any sewer shall be so done as not to create a nuisance.
19. EVERY local authority shall cause the sewers belonging to them to be Cleansing constructed covered ventilated and kept so as not to be a nuisance or injurious to health, and to be properly cleansed and emptied.
20. An urban authority may, if they think fit, provide a map exbibiting a Map of system system of sewerage for effectually draining their district, and any such map
of sewerage. shall be kept at their office, and shall at all reasonable times be open to the inspection of the ratepayers of their district.
21. The owner or occupier of any premises within the district of a local Power of authority shall be entitled to cause his drains to empty into the sewers of that occupiers authority on condition of his giving such notice as may be required by that within district authority of his intention so to do, and of complying with the regulations of sewers of local that authority in respect of the mode in which the communications between authority. such drains and sewers are to be made, and subject to the control of any person
be appointed by that authority to superintend the making of such communications.
Any person causing a drain to empty into a sewer of a local authority without complying with the provisions of this section shall be liable to a penalty not exceeding twenty pounds, and the local authority may close any communication between a drain and sewer made in contravention of this section, and may recover in a summary manner from the person so offending any expenses incurred by them under this section.