c. 63. and in case the defaulter fail to appear according to 11 & 12 VICT. the exigency of the summons, or no sufficient cause for nonpayment be shown, the justice may, by warrant under his hand and seal, cause the same to be levied by distress of the goods and chattels of the defaulter: cient distress, be backed, Provided always, that if no distress sufficient to If no suffisatisfy the amount can be found within the warrant may jurisdiction of the justice by whom such warrant &c. is granted, and it so appear upon oath before a justice of any other county or jurisdiction in which any goods or chattels of the defaulter may be, the last-mentioned justice shall indorse his signature upon the said warrant (ƒ), and thereupon the amount to be levied, or so much thereof as may be unsatisfied, shall be levied of the last-mentioned goods and chattels, in the same manner as if the defaulter had been assessed in the last-mentioned county or jurisdiction; about to And if any person quit or be about to quit any Rate-payers premises without payment of any rate then due quit premises from him in respect of such premises under this ing arrears, Act, and refuse to pay the same after lawful summoned, (f) See the provisions as to backing warrants in 11 & 12 Vict. c. 43, s. 19. The provisions of that Act must be considered as supplemental to the provisions of the statute in the text, except in so far as the same may be inconsistent therewith. In case of inconsistency, the statute in the text (being the later Act of the two) will govern proceedings taken under it. without pay may be &c. PUBLIC HEALTH ACT 1848. Form of dis tress warrant. Penalty upon constables refusing to levy. Quota of rates to be universities, &c. demand thereof in writing, any justice having jurisdiction where such person resides, or his goods are found, may, and he is hereby empowered to summon him to appear, at a time and place to be mentioned in the summons, to show cause why the rate so due should not be paid; and in case the defaulter fail to appear, or no sufficient cause for nonpayment be shown, the justice may, by warrant under his hand and seal, cause the sum to be levied by distress of the goods and chattels of the defaulter. CIV. And be it enacted, that warrants of distress for the recovery of any rate payable under the authority of this Act may be in the form contained in the schedule (D.) annexed to this Act, (f) or to the like effect; And any constable authorized by any such warrant who shall neglect or refuse to make distress or sale pursuant to the same, after being required so to do by a collector of the district in which the rate in arrear was made, shall be liable to a penalty not exceeding five pounds. CV. Provided always, and be it enacted, that paid by the nothing in this Act shall be deemed to alter or interfere with the liability of the universities of Oxford and Cambridge respectively to contribute in the proportion and manner specified in any local Act under which the Oxford and Cambridge commissioners re (f) Post, p. 206. c. 63. spectively now act towards the expense of paving 11 & 12VICT. and pitching, repairing, lighting, and cleansing, under the powers of any such local Act, the several streets, lanes, ways, alleys, passages, and places within the jurisdiction of such commissioners respectively; And in case any difference shall arise between Disputes to be settled by either of the said universities and the local board of general board. health with respect to the proportion and manner in which the university shall contribute towards any expenses under this Act, and to which the university is not liable under any such local Act, the same shall be settled by the general board of health: this Act may from univer manner as local Acts. Provided also, that all rates, contributions, and Rates under sums of money which may become payable under be recovered this Act by the said universities respectively, and sities in same their respective halls and colleges, may be recovered rates under from such universities, halls, and colleges in the same manner in all respects as rates, contributions, and sums of money may now be recovered from them by virtue of any such local Act. rates. CVI. And be it enacted, that the production of Evidence of the books purporting to contain any rate or assessment made under this Act shall alone, and without any other evidence whatsoever, be received as primâ facie evidence of the making and validity of the rates mentioned therein. Rates. CVII. And be it enacted, that the local board of Mortgage of health for the may, of defraying any costs, Local Board purpose charges, and expenses incurred or to be incurred by may— PUBLIC them in the execution of this Act, borrow and take HEALTH ACT 1848.. borrow upon mortgage of up at interest, on the credit of the rates authorized to be made or collected under this Act, any sums of money necessary for defraying any such costs, charges, and expenses (g); And for the purpose of securing the repayment rates. of any sums so borrowed, together with such interest as aforesaid, the said local board may mortgage and assign over to the persons by or on behalf of whom such sums are advanced the respective rates the credit of which the sums are borrowed; And the respective mortgagees shall be entitled to a proportion of the rates comprised in their respective mortgages according to the sums in such mortgages mentioned to have been advanced; No priority amongst upon And each mortgagee shall be repaid the sums so mortgagees. advanced, with interest, without any preference over the others of them by reason of any priority of advance or the date of his mortgage: Limitation, &c. upon borrowing powers. Kind of works. Amount: Provided always, that the money borrowed under the authority of this Act Shall be borrowed only for works of a permanent nature; And shall not at any time exceed in the whole the assessable value for one year of the premises. assessable under this Act within the district or (g) But no money can be borrowed upon the credit of rates without the consent of the general board of health; s. 119, p. 168. Large borrowing powers are contained in the Metropolitan Sewers Act, (11 & 12 Vict. c. 112, s. 106,) and in the City of London Sewers Act, 1848, ss. 207, 208. c. 63. part of the district for or in respect of which 11 & 12 VICT. such money shall be borrowed (h); And shall (as far as practicable) be borrowed upon charged in How to be the credit of the respective rates applicable to general,— upon tricts divided And the money borrowed for the purpose of de- in case of disfraying any costs, charges, or expenses incurred into parts. or to be incurred in respect of part of a district only shall be charged (as far as practicable) the credit of any separate rates made or to be made for the purposes of such part; (¿) and in case any such costs, charges, or expenses shall apply to or be incurred in respect of two or more of such parts, the money borrowed in respect of the same shall be equitably apportioned by the local board upon any rates made or to be made for the purposes of such parts respectively. CVIII. And be it enacted, that the commissioners Commission acting in the execution of an Act passed in the se ers of public make advances to local boards 5 & 6 works may cond session of the fifth year of Her Majesty's reign, intituled "An Act to authorize the advance of money under out of the consolidated fund, to a limited amount, for carrying on public works and fisheries and employment of the poor, and to amend the Acts authorizing the issue of exchequer bills for the like pur (h) This and the preceding limitation were introduced in committee in the House of Commons. (i) See s. 86, p. 135; and s. 87, p. 135. |