c. 115, SANITARY ACT, 1868. hospitals or temporary places for the reception 31 & 32 Vic. of the sick under the thirty-seventh section of "The Sanitary Act, 1866"," but such power to make provision for the temporary supply of medicine and medical assistance shall not be exercised without the sanction of Her Majesty's Privy Council. of first part 1866.' 11. In the construction of the first part of "The Construction Sanitary Act, 1866," "owner" shall have the of "The same meaning as it has in the second part of the Sanitary Act, said Act; and notices may be served for the purposes of the first part of the said Act in the same manner in which they are required to be served under the second part of the said Act. 32 & 33 VICT. CAP. 100. An Act to facilitate the borrowing money in certain cases for the purpose of "The Sanitary Act, 1866," and the Acts amending the same; and for other purposes. [11th August, 1869.] WHEREAS by "The Sanitary Act, 1866," "The Sewage Utilization Act, 1867," and "The Sanitary Act, 1868," one of Her Majesty's Principal Secretaries of State is empowered, in case of any Sewer Authority, Local Board, or Nuisance Authority making default in performing their duty in relation to the sanitary matters therein mentioned, to appoint a person to perform the same, and it is by the said Acts provided that the person so appointed should be invested in the performance of his duties with all the powers of the Authority in default, and that the expenses of the performance of such duties shall be a debt 32 & 33 VIC. c. 100. SANITARY LOANS ACT, 1869. 32 & 33 Vic. due from the Authority in default and repayable SANITARY Out of any local rate leviable by them: c. 100, LOANS ACT, 1869. Short title. And whereas it is expedient to give further facilities to the said Secretary of State in carrying into effect the provisions of the said Act: 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 :— 1. This Act may be cited as Loans Act, 1869.” "The Sanitary Application 2. This Act shall not extend to Scotland or of Act. Definition of "Local Authority." State as to loans. Ireland. 3. "Sewer Authority," "Local Board," and "Nuisance Authority "1 shall have the same meaning as they respectively have in "The Sanitary Act, 1868"," and "Local Authority" shall include all the said Authorities. "Local rate" shall have the same meaning as it has in the eighth section of "The Sanitary Act, 1868." Certificate of 4. One of Her Majesty's Principal Secretaries Secretary of of State" may, from time to time, certify under expenses and his hand the amount of expense that has been incurred, or an estimate of the expenses about to be incurred, by any person appointed by the Secretary of State for the purpose of performing the duty of a defaulting Local Authority; he may also, from time to time, certify under his hand the amount of any loan required to be raised for the purpose of defraying any expense that may have been so incurred, or is estimated as about to be incurred; and the certificate of the said Secretary of State shall be conclusive as to the matters to which it refers. Power of 5. Whenever the said Secretary of State State to bor certifies any loan to be required for the purpose Secretary of a Extended to Ireland by the 23rd sec. of "The Local Government (Ireland) Act," see p. 1065. The powers of the Secretary of State under this Act are by the 23rd sec. of "The Local Government (Ireland) Act," vested in the Lord Lieutenant, see p. 1065. c. 100, 1869. of defraying any expenses incurred or to be 32 & 33 Vic. incurred in the performance of the duty of a SANITARY defaulting Local Authority, the Public Works LOANS ACT, Loan Commissioners, as defined for the purposes row money of "The Public Works Loan Act, 1853," may, in for sanitary manner and subject to the provisions of the said purposes. Act, and the other enactments relating to the said Commissioners and applicable to the case, advance to the said Secretary of State, or to any person appointed by him 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 said Secretary of State“, or the person so appointed as aforesaid, may, by any instrument under his hand, charge the local rate with the repayment of the principal and interest due in respect of such loan, and any 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 upon the local rate; and the certificate of the Secretary of State certifying any loan to be required, or appointing a person to perform the duty of a defaulting Local Authority, shall be taken as conclusive evidence that all the requirements of the forty-ninth section of "The Sanitary Act, 1866," and of any other enactment relating thereto, have been duly complied with, and that the person appointed to perform the duty of the defaulting Local Authority has been duly appointed. principal aud 6. Any principal money or interest for the time Remedy for being due in respect of any loan under this Act interest. made for payment of the expenses incurred or to be incurred in the performance of the duty of a defaulting Local Authority shall be taken to be a debt due from such Authority, and in addition to any other remedies, may be enforced in the a The powers of the Secretary of State under this Act are by the 23rd sec. of "The Local Government (Ireland) Act" vested in the Lord Lieutenant, see p. 1065. c. 100, 1869. of loan. 32 & 33 Vic. manner in which a debt due from a defaulting SANITARY Authority may be enforced in pursuance of the LOANS ACT, said eighth section of "The Sanitary Act, 1868." 7. If the amount of any loan raised for de Application of surplus fraying the expenses incurred or to be incurred in the performance of the duty of a defaulting Local Authority is not wholly expended in defraying such expenses, the overplus (if any), the amount to be ascertained by a certificate of the Secretary of State, shall be paid to or to the order of the defaulting Authority. Secretary of State may change per 8. The said Secretary of State" may from time to time, by order under his hand, change the on perform person appointed by him to perform the duty of a defaulting Local Authority. 1 duties of Local Authority. Power of Secretary to order pay ments. Definition of expenses. 9. The Secretary of State may make order for the payment of the costs of all inquiries or proceedings directed by him in pursuance of "The Local Government Act, 1858," the Sanitary Acts, 1866, 1868, the Sewage Utilization Acts, 1865, 1867, or any of such Acts, and as to the parties by whom or the rates out of which such costs shall be borne; and such orders may be enforced in the same way as orders for costs of appeals under the eighty-first section of "The Local Government Act, 1858." 10. " 'Expenses" for the purposes of this Act shall include all sums payable by or by the order of the Secretary of State, or the person appointed by him, on the occasion of a default being made by any Local Authority in the performance of its duties in relation to sanitary matters. a The powers of the Secretary of State under this Act are by the 23rd sec. of "The Local Government (Ireland) Act" vested in the Lord Lieutenant. See p. 1065. ACCOUNTS: INDEX. Commissioners may make orders for keeping, examining, and Of expense incurred in relief to be made up at the end of every six calendar months, Guardians and officers bound to account to Auditor, To verify accounts on oath if required by Auditor, To be kept by the Medical Officer of the workhouse, Not to be commenced for anything done under the Poor Law Nor after tender of sufficient satisfaction, . Nor after three months next after cause of action, To be brought when cause of action arose, Page 2-144 32 69-144 70-144 799 799 803 807 808 809 810 811 83 In Superior Court for recovery of rate made on immediate lessor, 104 187 The Judges may make rules and orders for regulating the plead- 187 Not to be commenced, except by the Poor Law Commissioners, 247 Not to be commenced for anything done under Valuation Acts Not to be brought against Justice for issuing distress warrant 310 ADJUSTMENT: On change of boundaries of union or electoral division, Commis- 177 |