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PUBLIC HEALTH ACT
sited with town clerks; clerks to
And shall be deposited
With the town clerk of any corporate borough and depo
And with the clerk to the commissioners or trusimprovement
tees acting under any such local Act, sioners; Also with the clerk to the justices acting for any justices;
petty sessional division in which such parts
And with the clerk of the board of guardians of guardians :
the union or parish, the whole or part of which
may be affected thereby;
And if such provisional order relate to parts not wardens, &c.
being within any corporate borough, the said board shall cause other copies of the same to be deposited with the churchwardens or overseers of the
poor parish in which such parts, or any of them may be:
And in case it shall be enacted by any Act of parsanctioned by liament hereafter to be passed, that the whole or
part of any provisional order or orders of the general board of health shall be confirmed and be absolute, the whole or part of such provisional order or orders which shall be so confirmed shall be as binding and of the like force and effect as if the same had been expressly enacted by parliament, and every such Act shall be deemed a public general Act (1):
Provisional orders to be
general Act :
(1) The very large powers contained in this clause were introduced with a view to the consolidation of existing local improvement powers under one management, and for the purpose of preventing a conflict of local jurisdiction. The principle of the machinery is adopted from the Inclosure Act (8 & 9 Vict. c. 98), and, coupled with the provision contained
c. 63, s. 10.
but to be of no force
But no such provisional order shall have any force 11.812 VICTor effect, nor shall this Act or any part thereof be applied in either of the cases last aforesaid (m), until so except (n) for the purposes of such inquiry, further sanctioned. inquiry, report, or provisional order, without the previous authority of parliament;
And no such provisional order, or any altered or Water comamended order, shall be made with respect to any local Act of parliament under which any waterworks with, without company is empowered to construct waterworks or supply water for their own profit, without the consent of the waterworks company empowered by such local Act first had and obtained (0):
Provided always, that, except for the purposes of Except for
in s. 141 (p. 193) for the alteration and amendment of provisional orders from time to time, it seems well calculated to relieve the labours of parliament, and to save the expense necessarily incidental to the present mode of initiating, conducting, opposing, and passing local Acts.
(m) That is to say, where new boundaries are adopted, or where the preliminary inquiry has been instituted without petition, or where there are no local Acts for any of the purposes enumerated at the commencement of this section (see ante, pp. 24, 25).
(n) The words, “ except for the purposes of such inquiry,” &c., were added in committee in the House of Commons; but they are quite unnecessary, inasmuch as the Act, &c., is not "applied” in the sense in which it is used in this and other sections until after the making of the provisional order, and the sanction thereof by parliament.
(6) But by s. 75 (pp. 118, 119, 120), in case the waterworks companies are unwilling to supply water for the purposes of the Act upon terms to be settled either by the general board or by arbitration, the local boards of health constituted under the Act may erect waterworks themselves.
PUBLIC HEALTH ACT
of main sewerage, neither different corporate boroughs, nor corpo
be included within the same district without consent
main sewerage (p), no corporate borough or any part thereof shall be included in any district (9) not exclusively consisting of the whole or part of one such borough without the previous consent of the council
under the common seal of the borough; but nothing rate and non- herein contained shall be construed to require such parts are to consent to the constitution of a district exclusively
consisting of the whole or part of one such borough
for all or any of the purposes of this Act, nor to of the town hinder or prevent the application of all or any of the
provisions of this Act to parts exclusively consisting of the whole or part of one such borough, although the same parts, or any of them, may have been already included within a district for the purposes of main sewerage (p):
Provided also, that, except for the purposes of main non-corpo- sewerage, no parts beyond the boundaries of a corrate parts.
porate borough shall be included in any district comprising the whole or part of any such borough, except upon the petition of a majority of the owners of property and rate-payers who would be qualified
(p) This exception is for the purpose of ensuring proper levels and outfalls for main lines of sewers (see 11 & 12 Vict. c. 112, s. 34), wherever it may be practicable to obtain them. The expression “main sewerage” was much insisted on; the word “main” was struck out by the House of Lords, but was restored by the Commons upon the consideration of the Lords' amendments.
(q) The word “district” is used in a technical sense throughout the Act. It is defined by s. 2 (p. 9) to mean the entire area, places, or parts of places comprised within the limits of any district to which this Act, or any part thereof, is applied by order in council or provisional order of the general board of health.
and a petition from the
to vote in the election of members of a local board 11 & 12 VICT.
c. 63, s. 10. of health for the parts proposed to be so included (r); but nothing herein contained shall be construed to require such petition in order to the constitution of a district exclusively consisting of parts not within the boundaries of any such borough, nor to hinder or prevent the application of all or any of the provisions of this Act to a district exclusively consisting of such last-mentioned parts, although the same parts, or any of them, may have been already included within a district for the purposes of main sewerage (8).
(r) This qualification is regulated by s. 20 (pp. 47-50).
(8) The several provisions of the Act with respect to the
which the preliminary inquiry has been instituted may
poses of the Act.
formed, so as either to include within it parts beyond
exclude from it parts already within those boundaries. 3. A district may be formed, regardless of local boundaries,
as in case 2, for all or any of the purposes of the
PUBLIC HBALTH ACT
upon the ge
XI. And be it enacted, That from and after the
making of any such order in council or the passing liminary in- of any Act of parliament confirming any provi
, to be charged sional order of the general board of health, the neral district costs, charges, and expenses specially (s) incurred by
or under the direction of the said general board, or of
of a majority in number of such of the owners of pro-
See s. 20, pp. 47-50, post.
(u) If a preliminary inquiry be made, and the Act be not afterwards applied, no costs will attach to the locality in respect of which the inquiry has been made.
(v) The constitution of the local boards of health, as settled by this and the following clause, may be summed up thus :
Constitution of Local