c. 63. sonally health, nor any matter or thing done by any super- 11 & 12 VICT. intending inspector, or any member of the said local of Act not board, or by the officer of health, clerk, surveyor, in- to be perspector of nuisances, or other officer or person whom- liable. soever acting under the direction of the said local board, shall, if the matter or thing were done or the contract were entered into bonâ fide for the purpose of executing this Act, subject them or any of them personally to any action, liability, claim, or demand whatsoever; and any expense incurred by any such local board, member, officer of health, clerk, surveyor, inspector of nuisances, or other officer or person acting as last aforesaid, shall be borne and repaid out of the general district rates levied under the authority of this Act. neous. Orders in council CXLI. And be it enacted, that Her Majesty may Miscellafrom time to time alter or amend any order in council made under or in pursuance of the provisions of this Act, by any subsequent order in council, in such manner as Her Majesty, by and with the advice of her privy council, may think proper: sional orders And if at any time it appear to the general board and proviof health that any provisional order made by them may be under this Act should be altered or amended, or that the boundaries of any district should be altered or extended, they shall make a provisional order under their hands and seal of office accordingly (r): (x) See s. 10, p. 26. K amended, and districts extended. 194 PUBLIC HEALTH ACT 1848. Proceedings before amendment. Provisional orders of no force till confirmed by parliament. Orders in council, from what time to be in force; to be published, and laid before parlia ment. Reports of superintend Publication, &c. of Orders in Council, &c. Provided always, that no order in council or provisional order as last aforesaid shall be made until such proceedings have been taken in and with respect to the district and parts to be affected thereby as are hereinbefore required to be taken previously to the original constitution of a district under this Act; And no such provisional order shall be of any force or effect without the previous authority of parliament, as herein before prescribed with respect to provisional orders made under this Act. (y). CXLII. And be it enacted, that all orders in council under this Act Shall take effect and be in full force and operation within the district to which they apply from and after a day which shall be specified in such orders for that purpose; And a copy of every such order shall be published in the London Gazette; And shall be laid before parliament in the month of January in every year, if parliament be then sitting, or if parliament be not then sitting, then within one week after the next meeting thereof; And whenever any provisional order of the gene ing inspec- ral board of health is submitted to parliament for tors, &c. to be laid before confirmation,— parliament. The said general board shall present to both houses of parliament a copy of all reports of (y) Ante, s. 10, p. 29. c. 63. any superintending inspector with respect to 11 & 12 VICT. and of all memorials forwarded to the said CXLIII. And be it enacted, that in case it shall Entry upon become necessary to enter, examine, or lay open any lands or premises for the purpose of Making plans, lands for the purposes of this Act, Surveying, measuring, taking levels,— Examining works,— Ascertaining the course of sewers or drains,— Or ascertaining or fixing boundaries, order of two And the owner or occupier of such lands or pre- upon an mises shall refuse to permit the same to be entered justices. upon, examined, or laid open for the purposes aforesaid, or any of them, the local board of health may, upon notice to such owner or occupier, apply to two justices for an order authorizing the members of such local board, and the superintending inspector, surveyor, and inspector of nuisances, or any of them, to enter, examine, and lay open the said lands and premises for the purposes aforesaid, or any of them; And if no sufficient cause shall be shown against the same, the said justices may make an order authorizing the same accordingly; entry, &c. And thereupon any superintending inspector, the Time of local board of health, or any member thereof, the surveyor, and inspector of nuisances, and any person authorized by any such superintending inspector, PUBLIC local board, surveyor, or inspector of nuisances, may HEALTH ACT 1848. No entry to be made until after twenty-four hours' notice, except in case of emergency. Compensa tion in case of damage by local board, &c. Sewers, &c. of commissioners of sewers: at at all reasonable times, between the hours of ten in the forenoon and four in the afternoon, enter, examine, or lay open the lands or premises mentioned in such order, for such of the said purposes as shall be specified in the said order, without being subject to any action or molestation for so doing: Provided always, that except in case of emergency, no entry shall be made or works commenced under the powers of this enactment, unless twenty-four hours at the least previously thereto notice of the intended entry, and of the object thereof, be given to the occupier of the premises intended to be entered. CXLIV. And be it enacted, that full compensation shall be made out of the general or special district rates to be levied under this Act (z), to all persons sustaining any damage by reason of the exercise of any of the powers of this Act; and in case of dispute as to amount the same shall be settled by arbitration in the manner provided by this Act (a); or (if the compensation claimed do not exceed the sum of twenty pounds) the same may be ascertained by and recovered before justices in a summary manner. CXLV. And be it declared and enacted, that nothing in this Act shall be construed to authorize (z) See ss, 86, 87, ante, pp. 134, 136. the local board of health to use, injure, or interfere 11 & 12 VICT. with Any sluices, flood-gates, sewers, groynes, sea de fences, or other works already or hereafter c. 63. drainage, Or any sewers or other works already or hereafter or for land made and used for the purpose of draining, preserving, or improving land under any local or private Act of parliament, or for the purpose of irrigating lands,— Or to use, injure, or interfere with any water- and private water course, stream, river, dock, basin, wharf, quay, courses,or towing path in which the owner or occupier of any lands, mills, mines, or machinery, or the proprietors or undertakers of any canal or navigation, shall or may be interested,— Without consent in writing first had and obtained; And that nothing herein contained shall prejudice not to be interfered with without consent. or affect the rights, privileges, powers, or authorities Reservation given or reserved to any person under of powers under Land Drainage Act. may allow for repay ment of ex CXLVI. And be it enacted, that in any case in Local board which the local board of health may have incurred owners time expenses for the repayment whereof the owner of the premises for or in respect of which the same are incurred is made liable by this Act, the said local penses. |