PUBLIC HEALTH ACT of existing make sewers, &c. CXVIII. And be it enacted (r), that notwith 1848. standing the application of this Act to any district, Reservation the liability of any person whomsoever to defray or liabilities to contribute towards the expense of making, completing, altering, amending, or maintaining any sewer, or any walls or works for protecting the land against the force or encroachments of the sea, or of paving or flagging or putting in order any street, or part thereof, within the district, shall, if incurred previously to the time when this Act is so applied, continue, and the same may be enforced, as if this Act had not been passed, and the rates to be levied under this Act shall be made only for purposes to which such liability does not extend. General Superintendence. Mortgage of rates to be made only with approval of general board. Parties ag grieved by CXIX. And be it enacted, that it shall not be lawful for the local board of health to borrow or take up at interest any sum or sums of money upon the credit of any rates authorized to be made or collected under this Act, without the previous consent of the general board of health (s). CXX. And be it enacted, that if in any case in which the local board are empowered to recover any expenses incurred by them in a summary manner, or to declare such expenses to be private improve signature of the local board is required in the case of any rate made under the statute in the text. (See ante, s. 103, p. 152). (r) See the proviso to s. 44 of the Metropolitan Sewers Act, 11 & 12 Vict. c. 112. (8) See ante, s. 107, p. 155. c. 63. certain ex memorialize board. ment expenses (t), any person shall deem himself to 11 & 12 VICT. be aggrieved by the decision of the said local board thereupon, he may, within seven days after notice penses may of such decision, address a memorial to the said the general general board, stating the grounds of his complaint; and the said general board may make such order in the matter as to them may seem equitable, and the order so made shall be binding and conclusive upon the said local board; and if the said local board shall have proceeded to recover such expenses in a summary manner, the said general board may, if they shall think fit, direct the said local board to pay to the person so proceeded against such sum as they may consider to be a just compensation for the loss, damage, or grievance thereby sustained by him. ing inspectors CXXI. And be it enacted, that during any in- Superintend quiry by a superintending inspector under this may sumAct (u), (t) The cases in which this discretion is given are as follow : 1. In charging the expense of constructing or laying down house drains (s. 49, p. 82). 2. In charging the expense of constructing (s. 51, p. 88), 3. In charging the expenses of draining, cleansing, cover- (u) Inquiry by a superintending inspector is expressly re- I mon witnesses, call for plans, rates, &c. He may and he is hereby empowered to summon before him any persons whomsoever, and to examine them upon oath or otherwise touching any matter relating to the purposes of the inquiry; And he may by any such summons require any parochial officer, or any officer of or acting under any corporation, guardians, or directors of the poor, and any commissioner, trustee, officer, or person acting under any local Act of parliament in force within the district or place to which any such inquiry may relate, to produce before him any surveys, plans, sections, rate-books, or other like documents which may by reason of their office be in their custody or control touching any matter relating to the purposes of such inquiry; and such inspector may examine, inspect, or take copies of any such books, surveys, plans, sections, and documents, or any of them, or part thereof; 1. In case of preliminary inquiries with a view to the application of the Act (s. 8, p. 19). 2. With respect to the terms upon which water companies ought to supply water for the purposes of the Act (s. 75, p. 120). 3. With respect to the state of burial grounds (s. 82, pp. 128, 129). 4. With respect to the propriety of extending districts or of amending orders in council, and provisional orders made under the Act (s. 141, p. 194); And by s. 6, superintending inspectors may be required by the general board of health to make inquiries for the purpose of assisting them in the superintendence and execution of the Act, when, where, and in such manner as the board shall direct. See note to section 4, ante, p. 13. c. 63. Penalties for disobeying summons, And whosoever wilfully disobeys any such sum- 11 & 12 VICT. mons, or prevents any such inspector from examining, inspecting, or taking copies as last aforesaid, or refuses to answer any question put to him by such &c. inspector for the purposes of the said inquiry, shall be liable to a penalty not exceeding five pounds: Provided always, that no person shall be required Witnesses to attend in obedience to any such summons expenses. unless the reasonable charges of his attendance shall have been paid or tendered to him (u); and no person shall be required in any case, in obedience to any such summons, to travel more than ten miles from his place of abode. entitled to local board annually. CXXII. And be it enacted, that the accounts of Accounts of the receipts and expenditure of the local board of to be audited health shall be audited and examined once in every year at the least, at such time or times as shall be appointed by such local board,— districts; In case of a corporate district, by the auditors of By whom. the corporate borough, whereof the whole or In corporate part is within such district; And in case of a district exclusively consisting of In districts the whole or part of two or more corporate parts of corboroughs, or of one or more of such boroughs, boroughs, and also of part of any such borough or boroughs, by such two of the auditors for the (u) These charges will be amongst the expenses incurred by the superintending inspector in relation of his inquiry. See s. 11, p. 32. consisting of porate &c.; PUBLIC HEALTH ACT 1848 In other districts; Auditor may require pro books, &c. time being of the corporate boroughs respectively, whereof the whole or part is within such district, as shall from time to time be appointed by the local board of health; And in case of any other district as soon as can be after the twenty-fifth day of March in every year, by the auditor of accounts relating to the relief of the poor for the district for the audit of such accounts, or for the parish or union in which such district under this Act is comprised ; Or if any district under this Act be partly situate in two or more parishes, unions, or districts for the audit of accounts, by such one of the auditors for the time being of the parishes, unions, or districts for the audit of accounts (whereof the whole or part is within such district under this Act) as shall from time to time be appointed by the local board of health (v); And for the purposes of any audit and examina duction of tion of accounts under this Act, every such auditors or auditor may, by summons in writing, require the (v) The borough auditors are elected annually by the burgesses on the 1st March, under s. 37 of the Municipal Corporation Act (5 & 6 W. 4, c. 76). The poor law auditor is elected under the Act 7 & 8 Vict. c. 101, s. 32, by the chairman and vice-chairman of the board of guardians, or (in case there be no chairman or vice-chairman) by two of the guardians, or (if there be no guardians) by two overseers. By the Act 11 & 12 Vict. c. 91, the poor law commissioners may authorize a person named by the auditor to act as his deputy, "with the same authorities, and subject to the same duties and liabilities as the auditor himself is entitled or subject to." |