To take stallages, rents, and tolls in respect of the use But no market or slaughter-house (e) shall be established 11 & 12 Vict. markets, &c. rated. (2.) For the purpose of enabling any local board to establish Provisions of With respect to the holding of the market fair, and With respect to the weighing goods and carts (k); With respect to the stallages, rents, and tolls (1); With respect to byelaws (m); (e) It will be seen that this clause does not apply to slaughter-houses in terms, and it seems to be a forced interpretation to bring such establishments within the general language which is used in it. But the 11 & 12 Vict. c. 63, 8, 62, ante, enables the local board to provide premises to be used as slaughter-houses; and though there is a saving of certain rights, they are limited to rights conferred by local Acts of parliament. In section 45 there is an incorporation of the clauses relating to slaughter-houses contained in 10 & 11 Vict. c. 34. But no reference is here made to the clauses relating to them contained in 10 & 11 Vict. c. 14, great part of which is incorporated herewith by the following paragraph. (f) See upon the subject of markets, Ellis v. Bridgenorth, 13 C. B. (N. s.) 57. Savage v. Brook, ibid. 264. (g) See note on section 25, ante. (h) See these clauses in the Appendix, and the notes upon them. (i) Sect. 12 to sect. 16. (k) Sect. 21 to sect. 30. (1) Sect. 31 to sect. 41. (m) Sect. 42 to sect. 49. It will be seen that this Act requires the byelaws to be approved of by the secretary of state, as well as 11 & 12 Subject to this proviso, that all tolls leviable by the local board in pursuance of this section shall be approved by one of Her Majesty's principal secretaries of state (y). Powers of sect. 76 of c. 63, as to water sup to this Act. WATER SUPPLY. LI. The powers given to local boards by the 76th sec11 & 12 Vict. tion (2) of the Public Health Act, 1848, shall extend to any house within their district to which a supply of water can ply extended be provided at an expense not exceeding the water rate authorized by the said Act (a) or any local Act in force in the district, and notices under that section shall be served on owners of houses so supplied instead of occupiers, and expenses incurred under that section shall be recoverable from such owners. Power of carrying LII. Where the local board supply water to their district water mains, they shall have the same power for carrying water mains within the district as they have for carrying sewers by the law in force for the time being (b). Power to LIII. It shall be lawful (c) for any local board of health directors of absolutely to purchase, and for the directors for the time waterworks Vict. c. 63, s. 115. The approval is given by letter, signed by the secretary or the assistant secretary. (y) The meaning of this proviso appears to be, that the tolls proposed to be levied by the local board of health shall be submitted to the secretary of state for his approval, and when his approval shall have been obtained, but not before, they shall be leviable. (z) See ante. (a) The 76th clause referred to only enabled the board to supply water upon the report of the surveyor upon a particular house. The clause in the text dispenses with the necessity of such report, and enables the water to be supplied to any, and consequently to every house in the district, so that the rate of 2d. per week be not exceeded. (b) See 11 & 12 Vict. c. 63, s. 45, ante, and sect. 68, post. (c) This clause is in furtherance of the powers given to the local board of establishing markets, and procuring an adequate supply of water for being of any waterworks company or market company, by EXPENSES AND RATES (e). or market company to sell works, &c. to local boards. 11 & 12 Vict. LIV. (1.) The eighty-sixth section of the Public Health Sect. se of Act, 1848, shall be repealed; and whenever special district c. 63, as to rate is mentioned in the Public Health Act, 1848, that of levying their district. This general enactment overrides the local Acts under which the companies referred to may have been formed. The 11 & 12 Vict. c. 63, s. 75, ante, enables the local board to purchase waterworks, and the waterworks company to sell. The clause in the text gives powers to the directors of the company, with the authority of the specified proportion of the shareholders, to sell. It was doubtless considered that there must be the unanimous consent of the shareholders to support the sale and transfer under the former Act. the power special district rate, repealed. for terms (d) In 24 & 25 Vict. c. 61, s. 20, it is provided "in districts where no Local boards water companies are established by Act of parliament all local boards may make may make agreements for the supply of water to persons on such terms agreements as may be agreed upon between the local board and the persons receiving of water such supply, and shall have the same powers for recovering water rents supply in accruing under such agreements as they have for the recovery of water certain rates by the law in force for the time being." Further provision for the supply of water in places not under local boards is contained in the 29 & 30 Vict. c. 90. See in the Appendix. (e) The statute 24 & 25 Vict. c. 51, requires the clerk of the local board to make an annual return to one of the secretaries of state of the rates levied under these Acts, and of the expenditure thereof in the month of June in every year. cases. Debts incurred and contracts entered into before passing of this Act enforced. Special district rates leviable over same area as general district rates may be levied as part, and under the name, of such rates. special district rates may, with tary of state, and of mortgagees, and Act shall be read as if no such rate were mentioned Provided always, that all debts incurred and contracts and engagements entered into by or to any local board previously to the passing of this Act shall be enforced, and all powers vested in any local board of raising money by rates, tolls, or other means for the purpose of satisfying all such of the said debts, contracts, and engagements as were incurred or entered into by such local board, shall be exercised, in the same manner as if this Act had not been passed (a): (a) The repeal of the section is not total, because the local board must continue to make special district rates to satisfy outstanding debts, contracts, and engagements. It was doubtless considered that there should be no new special district rates made for new purposes, but it could not have been intended that when any charge has been created upon a special district rate, the creditor should lose his security by the abolition of the rate in future. The point thus raised has been dealt with by the 24 & 25 Vict. c. 61, in the following manner: "Section 12. Where in any district, special district rates are levied over the same area as general district rates, the local board may make and levy such special district rates as part, and under the name, of general district rates: "Provided always, that the levying of such rates by the means aforesaid shall in no way prejudicially affect any mortgages now or hereafter to be made upon such special district rates." Section 13. Where any local board of health have incurred expenses in or about any works of a permanent nature, and have made and levied a special district rate upon or in respect of the premises situate in part of their district, and have borrowed and taken up at interest on the credit Debts due on of the said special district rate any sums of money necessary for defraying such expenses, it shall be lawful for such local board, with the sanction of one of Her Majesty's principal secretaries of state, and with the sanction the consent of all persons having advanced money on the security of the of the secre- said special district rate, and with the consent of the owners and ratepayers of the district, to be expressed by resolution in the manner herein provided with respect to resolutions for the adoption of the said Local of owners Government Act (see sect. 13), to pay off and dscharge the sums so and rateborrowed and taken up at interest on the credit of the said special dispayers, be repaid, and trict rate, or such part thereof as shall then remain due, and to re-borrow money raised and take up at interest on the credit of the general district rates of the said local board any sums of money which shall have been so paid off and discharged, and for the purpose of securing the repayment of any sums so borrowed, together with interest thereon, the local board may mortgage the said general district rates to the persons by or on behalf of whom such sums are advanced, subject to the regulations prescribed by the fifty-seventh section of the Local Government Act, 1858. for such repayment on credit of general dis trict rate. (2.) No publication (b) shall be required of any private improvement rate : (3.) The costs of the levy of arrears of any rate may be included in the warrant for such levy (c) : (4.) When any rate is appealed against, or the validity of any rate is disputed, the time during which the appeal remains undecided, or any legal proceedings concerning or relating to such rate shall be pending, shall be excluded in calculating the period of six months within which the rate may be made retrospectively (d): (5.) Notice of demand of rates may be served in the same way as notice is hereinafter (e) directed to be served by local board before putting in force the powers of local boards for the taking of land otherwise than by agree ment. assessment LV. The eighty-eighth (f) and ninety-fifth (g) sections Mode of of "The Public Health Act, 1848," shall be repealed, and in of general lieu thereof, be it enacted (h), that the general district rates rate, and (b) See 11 & 12 Vict. c. 63, s. 103, ante. (c) See ibid., where the warrant of distress is only authorized for the levy of the sum in arrear. (d) See note on 11 & 12 Vict. c. 63, s. 89, ante, further elucidated by this clause, which cannot be explained if it refers to the making of the rate. It is impossible to declare that subsequent events can render an absolute act which was legally valid when done, such as the making of the rate, invalid at the time of its being made. But the delay caused by the appeal, and litigation arising out of it, may affect the legality of payments out of the rate. If the rate be quashed the local board may make another rate, and include in their estimate such items as though then out of date were not so at the time when the quashed rate was made. (e) In sect. 75, post. (f) See ante. (g) See ante. (h) In South Wales Railway Company v. Swansea Local Board of Health, 7 E. & B. 197, Erle, J., commenting upon 11 & 12 Vict. c. 63, s. 88, observes: "The general scheme of the enactment is that the occupiers of the classes of property most benefitted by the expenditure of the district rates shall be liable to be rated at a higher rate, the occupiers of the classes less benefitted at a lower rate, and the class of property most benefitted is that which is occupied immediately for the purpose of residence, and the kinds of property not so occupied are not to be rated so highly." district |