accompanied by a notice, stating that within a cer- 11 & 12 VICT. tain time, not being less than one month from the c. 63. and to be by notice that statements may be forwarded time of such publication and deposit, written state- accompanied ments may be forwarded to the said board with respect to any matter contained in or omitted from to general the said report or further report, or any amendment proposed to be made therein; and all such state- Statements ments shall be deposited board. so forwarded to be also deposited, and, reports, to be With such town clerk, clerk to justices, clerk to with the the board of guardians, and with such church- deposited, wardens or overseers respectively (b), in like manner as the said copies; open to in And shall, together with such copies, be open to public and to be inspection from the hour of eleven in the forenoon till spection. the hour of three in the afternoon every day during the time specified in the last-mentioned notice, Sundays, Christmas Days, Good Fridays, and days appointed for general fasts or thanksgivings only excepted: refusing to ments, &c. And any town clerk, clerk to justices, clerk to the Penalties for board of guardians, churchwardens, or overseers (c) receive docuwho shall refuse to receive any document or copy of any document directed to be deposited with him or them as aforesaid, or to allow such inspection, shall (b) Clerks to commissioners acting under local Acts are designedly omitted from this part of the clause. Copies of the inspectors' reports are required to be deposited with them merely by way of notice previously to putting in force provisions by which the commissioners' interests may be affected. See ss. 10, 32, post, pp. 24, 61, 62. (c) Clerks to local improvement commissioners, &c., are here designedly omitted. See the last note. PUBLIC be liable, for every such offence, to a penalty not HEALTH ACT 1848. exceeding five pounds : Additional inquiry and report may be directed And after the expiration of such last-mentioned no tice the said board may, if they think fit, direct such in any case. further inquiry and report as to them may seem necessary and proper. Application of the Act. Application of the Act by order in council. . X. And be it enacted, that if after such inquiry or further inquiry as aforesaid it appear to the said general board of health to be expedient that this Act or any part thereof should be applied (c) to the (d) city, town, borough, parish, or place with respect to which inquiry has been made upon the petition of such inhabitants as aforesaid, and within the same boundaries as those of such city, town, borough, parish, or place, and within which there is no local Act of parliament in force for paving, lighting (otherwise than for the profit of proprietors or shareholders) (e), cleansing, watching, regulating, supplying with water, (c) See ante, p. 3, note (g). (d) The clause will be more easily understood by reading the word "any " instead of the word "the." That this is the correct reading see the language, post, p, 26, 1. 1. (e) This exception applies only to "lighting;" but in order to make the matter still clearer, the select committee of the House of Lords transposed the word "paving," so that it should be read immediately after the exception, and before the word "cleansing." In the amended copies of the bill subsequently printed the word "paving" was transposed accordingly; but in consequence of the amendment not having been marked in the usual manner, it was overlooked in making out the amendment paper, and consequently the word remains in the same position as when the bill left the Commons. c. 63. or improving such city, town, borough, parish, or 11 & 12 VICT. place, or any part thereof, or in anywise relating to the purposes of this Act (f), they shall report to her Majesty accordingly (g); and at any time after presentation of such report it shall be lawful for her Majesty, by and with the advice of her privy council, to order (h) that this Act or any part thereof shall be applied to and be put in full force and operation within such city, town, borough, parish, or place: of the Act by order of And if after such inquiry or further inquiry as Application aforesaid it appear to the said general board to be provisional expedient that this Act, or any part thereof, should general be put in force (f) In order, therefore, that a district for the purposes of the Act may be constituted by order in council,— 1. The preliminary inquiry (ss. 8,9) must have been moved upon petition, according to the first sentence of s. 8, (p. 16). 2. The boundaries of the district must be identical with those of the city, &c., petitioning. 3. There must not be any local Act in force within the boundaries for any of the purposes specified in the Act. (g) By s. 141 orders in council may be amended, but not so as to extend a district. If extension of district be necessary, recourse must be had to a provisional order. By s. 142 orders in council are to be in force from a day to be named therein, and are to be published in the London Gazette. (h) Whenever a district is constituted by order in council (except in the case of a district exclusively consisting of the whole or part of a corporate borough), the following matters relating to the election of the local board must appear in the order : 1. The number of persons to be elected (s. 13, p. 37). 2. The day of the first election (s. 13, p. 39). C board. PUBLIC HEALTH ACT 1848. provisional order: the order alter, or ex tend local Within boundaries not being the same as those of the city, town, borough, parish, or place from which the said petition proceeded,— Or within boundaries where no petition has been presented from such inhabitants as aforesaid,— Or within any city, town, borough, parish, or place in which any such local Act of parliament as aforesaid is in force, Contents of They shall make a provisional order under their hands and seal of office accordingly, with such provisions, may repeal, regulations, conditions and restrictions with respect to the application and execution of this Act, or any part thereof, and with respect to any such local Act (i), and the repeal, alteration, extension, or future execution of the same, and in all respects Acts, &c. 3. The day in each year on which one-third of the members are to go out of office (s. 13, p. 39). 4. The proportion to go out of office annually, when the number of the board is not divisible by three (s. 13, p. 39). 5. The qualification of members (s. 16, p. 42). 6. The appointment of a person to conduct the first election, and another to act in case of his absence, or inability or refusal to act (s. 21, pp. 51, 52). By section 14 the number of persons may be regulated from time to time by order in council, according to the size and circumstances of each district; and by s. 141 any order in council may be amended by a subsequent order. But the boundaries of a district cannot in any case be altered without a provisional order of the general board of health sanctioned by parliament (s. 141, p. 193). (i) See the exception infra (in this section) with respect to water companies' Acts (p. 29). c. 63, s. 10. whatsoever as they may think necessary under all 11 & 12 VICT. the circumstances of the case (k) : And such provisional order shall be published Provisional order to be In the parts to which the same relates in such published manner as the said general board may direct; (k) Whenever a district is constituted by provisional order (except in the case of a district exclusively consisting of the whole or part of one corporate borough), the following matters relating to the constitution of the local board must appear in the order, or such of them as the nature of the district may require : 1. The number of persons to be selected by any town council (s. 12, pp. 34, 35). 2. The number of persons to be selected by any town council (s. 12, p. 35), and the number to be elected by owners of property and rate-payers (s. 13, p. 37). 3. The day in each year on which one-third of the elected members are to go out of office (s. 13, p. 39.) 4. The number of elected members to go out of office annually, when the whole number elected is not divisible by three (s. 13, p. 39). 5. The day on which members elected for part of a district 6. The qualification of elected members (s. 16, p. 42). of elected members, and another person to act in case The day of the first selection or election is to be fixed by the special Act confirming the provisional order (ss. 12, 13; pp. 36, 38). By section 14 (p. 40) the number of members may be regulated from time to time by any subsequent provisional order, according to the size and circumstances of the district; and by s. 141 (p. 193) any provisional order may be amended, or the boundaries of a district altered or extended in the same manner. |