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c. 63.

he may act

than one disRemunera

And the same person may be officer of health for 11& 12Vict. two or more districts;

And the local board or boards of health of the dis- for more trict or districts respectively for which any such rict. officer is appointed may pay to him, out of the tion. general district rates (m) to be levied under this Act, such remuneration by way of annual salary or otherwise as the said local board or boards may by order in writing determine and appoint, and (in case of a joint appointment for two or more districts) in such proportions as the said general board may by order in writing determine and appoint:

Provided always, that the appointment and re- Appointmoval of the officer of health shall be subject to the subject to approval of the said general board.


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XLI. And be it enacted, that the said local Local Maps, board of health may, if they shall think fit, cause

Map exhi

biting system by the commissioners for inquiring into the state of large towns, &c. (29th recommendation, 2nd Report). The city of London Sewers Act, 1848, s. 80, authorizes the appointment of “ one or more medical officers of health ;” and the officers appointed are required to report periodically upon the sanitory condition of the city; to ascertain the existence of contagious, epidemic, and other diseases which increase the rates of mortality ; to point out nuisances likely to be injurious to health, and the most efficacious means for preventing the spread of disease; to suggest the most efficient means for the ventilation of churches, chapels, schools, lodging-houses, and other public edifices ; and to perform any duties of a like nature. Similar duties are prescribed by the Liverpool Sanitary Act, 1845, s. 122, and by s. 12 of the Towns Improvement Clauses Act, 1848 (10 & 11 Vict. c. 34).

(m) See post, s. 87, p. 136.


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to be prepared, or to (n) procure, a map exhibiting a system of sewerage for effectually draining their district for the purposes of this Act, upon a scale to be prescribed by the general board of health ; and every such map shall be kept at the office of the said local board, and shall at all reasonable times be open to the inspection of the rate-payers of the district to which it applies (0)

Expense of surveys, maps, &c.

XLII. And be it enacted, that the expense of surveys, maps, or plans made, prepared, or procured by the local board of health for the purposes of this Act shall be defrayed out of the general district rates to be levied under this Act (p).


All sewers,

XLIII. And be it enacted, that all sewers (9), whether existing at the time when this Act is applied, or made at any time thereafter, except

(n) The word “to” ought to have been struck out. The clause as originally framed, and as it left the House of Commons, ran thus : “That it shall be lawful for the local board of health to cause to be prepared, or to procure a map, &c. The Lords amended this and other clauses by expressing permissive powers by the word “may” instead of by the words“ it shall be lawful,” and the imperative duties by the word “shall " instead of by the words “ it shall be the duty." This explanation will at once account for the error in the text, and for another of a similar kind in s. 46, p. 78.

(0) As to the mode of defraying the expense of maps, see the next section.

(p) See post, s. 87, p. 136.

(9) This word includes sewers and drains of every description, except mere house drains, s. 2, ante, p. 10.


Sewers made by any person or persons for his or 11& 128_ICT.

their own profit, or for the profit of proprietors with certain

or shareholders; and except-
Sewers made and used for the purpose of drain-

ing, preserving, or improving land under any
local or private Act of Parliament, or for the

purpose of irrigating land (r);
And sewers under the authority of any commis-

sioners of sewers appointed by the Crown (8); Together with all buildings, works, materials, and vested in things belonging or appertaining thereto, shall board. vest in, belong to, and be entirely under the management and control of the local board of health.

may pur

XLIV. And be it enacted, that the local board of Local board health may, if they shall think fit, purchase the chase or con rights, privileges, powers, and authorities vested in use of sewers. any person for making sewers, or contract for the use of any sewers within their district, or purchase any such sewers, with or without the buildings, works, materials, and things belonging or appertaining thereto; and any person to whom any such rights, privileges, powers, authorities, sewers, buildings, works, materials, or things belong may sell and dispose of the same to, or otherwise contract with, the said local board (t);

(r) See also the declaratory provisions in s. 145, p. 197. (3) See s. 145, p. 197.

(t) At Cheltenham a company is constituted by Act of Parliament (3 Will. 4, c. 90), under the name of the Chelten



Application of purchase money

And in case of any such sale, the purchase money shall be settled and applied to the same uses and trusts to which the property purchased may have been subject at the time of such sale, and the property purchased shall vest in and belong to the local board of health purchasing the same, any thing to the contrary notwithstanding (u):

Provided always, that, notwithstanding any such vate rights. purchase, any person who previously thereto may have

acquired perpetual right to use any sewer so purchased shall be entitled to use the same, or any other ·sewer substituted in lieu thereof, in as full and ample a manner as he would or might have done if such purchase had not been made.

Purchase not to affect pri


XLV. And be it enacted (v), that the local board of health shall from time to time repair the sewers vested in them by this Act;

ham Sewers' Company, with powers to construct sewers and house drains for their own profit, and this section was framed with a view to that Act.

(u) The Cheltenham Sewers' Company (see the last note) are prohibited by their local Act, from disposing of their sewers, and the Act provides that in case the company cease to exist, their sewers shall vest in the churchwardens and overseers of the poor for the time being.

(v) Expenses incurred in respect of the works which are the subject of this section will be defrayed by rates (called special district rates) levied upon the district or part of a district benefited by the works, in such manner that the principal and interest may be paid off within 30 years. See s. 86, pp. 134, 135.

c. 63.


And (n) shall cause to be made such sewers as 11 & 12 VICT. may be necessary for effectually draining their district for the purposes of this Act :

And the said local board may carry any such sewers laying through, across, or under any turnpike road, or any street or place laid out as or intended for a street, or under

any cellar or vault which may be under the pavement or carriage-way of any street, and, after reasonable notice in writing in that behalf, (if upon the report of the surveyor it should


to be necessary,) into, through, or under any lands what

soever :


And the said local board may from time to time altering and

closing up enlarge, lessen, alter, arch over, or otherwise improve all

any of the sewers vested in them by this Act, Sewers. and discontinue, close up, or destroy such of them as they may deem to have become unnecessary : Provided always, that the discontinuance, closing up, or destruction of any sewer shall be so done as not to create a nuisance; and if by reason thereof any person is deprived of the lawful use of any sewer the said local board shall provide some other sewer as

(w) This clause is framed upon ss. 24, 25, 26, of the Towns Improvement Clauses Act 1847. The enactment will render it imperative upon the local board to make all necessary sewers ; the power usually contained in local Acts is merely permissive, and such is the case in the City of London Sewers Act 1848 (s. 53). A clause similar to that in the text is adopted in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 38).

By s. 69, post, p. 112, 113, the local board is empowered to require the owners or occupiers of property in streets which have not become highways to construct proper sewers.

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