c. 63. Shall be in writing, and (in the case of a noncor- 11 & 12 VICT. porate district) sealed with the seal of the local To be in board by whom the same is entered into, and writing, &c. signed by five or more members thereof, and (in the case of a corporate district), sealed with be specified; And shall specify the work, materials, matters, or Work, &c. to things to be furnished, had, or done, the price to be paid, and the time or times within which breach: And shall fix and specify some pecuniary penalty Penalty for to be paid in case the terms of the contract are not duly performed: local board sors. And every contract so entered into, and duly exe- Binding on cuted by the other parties thereto, shall be binding and succeson the local board by whom the same is executed, and their successors, and upon all other parties thereto and their executors, administrators, successors, or assigns, to all intents and purposes: may may com penalties in respect of Provided always, that the said local board Local board compound with any contractor or other person in re- pound for any penalty incurred by reason of the non-prof spect of performance of any contract entered into as afore- contracts. said, whether such penalty be mentioned in any such contract, or in any bond or otherwise, for such sums of money or other recompense as to such local board may seem proper: Provided also, that before contracting for the execution of any works under the provisions of this Act Before con tracting for any work surveyor to make esti the said local board shall obtain from the surveyor- mates and report; PUBLIC HEALTH ACT 1848. and before entering into contracts above the public notice An estimate in writing, as well of the probable expense of executing the work in a substantial manner as of the annual expense of repairing the same; Also a report as to the most advantageous mode of contracting, that is to say, whether by contracting only for the execution of the work, or for executing and also maintaining the same in repair during a term of years or otherwise : Provided also, that before any contract of the value or amount of one hundred pounds or upwards value of 1001. is entered into by the said local board, ten days pubto be given, lic notice at the least shall be given expressing the nature and purpose thereof, and inviting tenders for the execution of the same; and the said local board and security shall require and take sufficient security for the due performance of the same. to be taken. Rates. Special district rate in respect of public works of a perma LXXXVI. And be it enacted, that whenever any expenses are incurred or to be incurred by the local board of health in making, enlarging, altering, arching nent nature. over, covering, or enclosing any sewer vested or to be vested in them by this Act, or purchased or acquired by them by virtue thereof (2), or in or about any other works, matters, and things of a permanent nature, and executed or done for the benefit of any district or part of a district, the said local board shall make and levy, in respect of the premises situate in the district (z) The words" or purchased or acquired by them by virtue thereof" were introduced in committee in the House of Commons, but they are quite unnecessary. c. 63. or part of a district for the benefit of which the ex- 11 & 12 VICT. penses are incurred or to be incurred, a rate or rates, to be called Special District Rates, of such amount as will be sufficient to discharge the amount of such expenses, and interest thereon, within such period, not exceeding thirty years, as the said local board shall in each case determine (a): from the full rate may be made in cer tain cases. Provided always, with respect to the cost of mak- Deduction ing any such new sewer, that if it appear to the said amount of local board that any premises were sufficiently drained before the new sewer was made, they shall deduct from the amount of rates otherwise chargeable in respect of such premises such a sum and for such time as the said local board may, under all the circumstances of the case, deem to be just (b). account. LXXXVII. And be it enacted, that the treasurer District fund shall keep a separate account, to be called "the district fund account," and the monies carried to such account under the directions of this Act (c) shall be applied by the local board of health in defraying such of the expenses incurred or to be incurred by (a) The distinguishing characteristic of the special district rate is, that it is to be levied in respect of the expenses of public works of a permanent nature, and in such manner that the expenses in respect of which it is made shall be paid off within a period of thirty years. (See the table of rates, Appendix, post, p. 250. (b) Framed upon s. 28 of the Towns Improvement Clauses Act, 1847. (c) Sums are specially directed to be carried to the district fund account in ss. 56, 59, 73, 117, and 133. For an enumeration of subjects and references to pages, see Index, tit. District Fund Account. PUBLIC 1848. HEALTH ACT the said local board in carrying this Act into execution, and not otherwise expressly provided for, as they may think proper; General dis trict rate in respect of casual ex And the said local board shall from time to time, when and as often as occasion may require, make penses, &c. and levy, in addition to any other rate, a rate or rates to be called General District Rates, for defraying such expenses as are charged upon that rate by this Act, and such other expenses of executing this Act in any district as are not provided for by any other rate, or defrayed out of the said district fund account (d). (d) The general district rate may be levied upon the whole or part of a district, see post, s. 89, last proviso, p. 141. The expenses specially charged upon this rate are:1. Of preliminary inquiries previously to the application of the Act to such extent and amount as the treasury may direct, s. 11, p. 32. 2. Expenses attendant upon elections of members of local board, s. 30, p. 59. 3. Salaries, &c. to officers of health (s. 40, p. 73), surveyor, clerk, treasurer, and inspector of nuisances (s. 37, p. 67). 4. Of surveys, maps, and plans procured by the local board, s. 42, p. 74. 5. Of draining or cleansing ponds, pools, open ditches, &c. (see note (h) to s. 58, p. 97, at the discretion of the local board, s. 58, p. 96. 6. Of maintaining public necessaries, s. 57, p. 95. 7. The expenses of and attendant upon altering the situation of gas pipes, &c. laid down in streets, s. 71, pp. 114, 115. 8. The expenses, &c. occasioned by the examination of gas pipes, &c. in order to ascertain whether water is fouled by escapes therefrom, s. 80, p. 127. 9. Compensation for damage occasioned by the local board may be charged upon the general or special district rates at the discretion of the local board, s. 144, p. 196. by c. 63. Property as sessable to special and general dis frict rates to be levied upon the basis of poor rates. LXXXVIII. And be it enacted, that the said 11 & 12 VICT. special and general district rates shall be made and levied upon the occupier (except in the cases hereinafter provided) (e) of all such kinds of property as the laws in force for the time being are or may be assessable to any rate for the relief of the poor, and shall be assessed upon the full net annual value of such property ascertained by the rate (if any) for the relief of the poor made next before the making of the respective assessments under this Act: And for the purpose of making any such assess- Poor rates to ment the local board of health, or any person ap- inspection pointed by them so to do, may from time to time, at of assessall reasonable times, inspect, take copies of, or make extracts from, any rate for the relief of the poor within their district, or any assessments by which the same are made; and whosoever, having the custody Penalty for of such last-mentioned rate or assessment, refuses to spection, &c. permit such inspection, or the taking of any such copy or extract, shall for every such offence be liable to a penalty not exceeding five pounds : be open to for purpose ment. refusing in trict in which Provided always, that if in any district or part of a In any disdistrict there be no rate for the relief of the poor there is no the said special and general district rates shall be of the poor, made upon an estimate of the net annual value (e) That is to say, where the annual value of the premises assessable does not exceed ten pounds, or where they are let to weekly or monthly tenants, or in separate apartments, and the rents are reserved at periods shorter than quarterly, in which cases the local board may call upon the owner to compound or (in case of refusal to compound) charge him with the rates in full. (See s. 95, pp. 146, 147.) rate for relief |