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Provided also, that, except for the purposes of main sewerage, no parts beyond the boundaries of a corporate 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 ratepayers who would be qualified to vote in the election of members of a local board of health for the parts proposed to be so included (g).

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 (h).

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XI. And be it enacted (i), that from and after the making of any liminary in- such order in council, or the passing of any Act of parliament confirmquiry, &c., with consent ing any provisional order of the general board of health, the costs, of treasury, charges, and expenses specially incurred by or under the direction of charge upon the said general board, or of any superintending inspector, in relation the general to any inquiry or further inquiry as aforesaid, shall, to such extent

to become a

district

rates.

and amount as the commissioners of Her Majesty's treasury by order under their hands may think proper to direct, become a charge upon the general district rates levied in such district under the authority of this Act (i), and be repaid to the said commissioners by annual instalments not exceeding five, together with interest after the yearly rate of five pounds in the hundred, to be computed from the date of any such last-mentioned order, upon so much of the principal sum due in respect of the said costs, charges, and expenses as shall from time to time remain unpaid.

(g) See 21 & 22 Vict. c. 98, ss. 27, 28, post.

(h) See in sect. 141, post, the provision for the alteration or amendment of orders in council, which however has been repealed But 21 & 22 Vict. c. 98, s. 77, provides for the repeal, partial or total, or the alteration of any provisional order, or order in council or Act confirming such provisional order.

(i) Henceforth this clause will be inoperative for future expenses, but a similar clause is to be found in 21 & 22 Vict. c. 98, s. 23, applicable to proceedings under that Act.

CONSTITUTION OF THE LOCAL BOARDS OF HEALTH.

cil to be the

in districts

one borough,

XII. And be it enacted, that in every district exclusively Town counconsisting of the whole or part of one corporate borough, the local board mayor, aldermen, and burgesses of such borough shall be, by consisting of the council of the borough, within and for such district, the &c. local board of health under this Act, and such council shall exercise and execute the powers, authorities, and duties of such local board, according to the laws for the time being in force with respect to municipal corporations in England and Wales (k);

&c., of local

town coun

cils.

And in every district exclusively consisting of two or more Selection of such boroughs, or of one or more of such boroughs and boards by also of part of any other such borough or boroughs, or exclusively consisting of part of two or more of such borough or boroughs, the mayors for the time being of the boroughs whereof the whole or part is within such last-mentioned district, and such number of other persons as shall be fixed (1) by such provisional order as aforesaid, to be selected by each of such councils respectively out of their own number, or from persons qualified to be councillors of the borough in respect of which the selection is to be made, and shall be named and selected by such councils accordingly, shall, within and for such district, be the local board of health under this Act;

part of local

And in every district comprising the whole or part of any Selection of such borough or boroughs, and also parts not within the board by boundaries of any such borough, the mayor or mayors for cils, and part the time being of the borough or boroughs whereof the whole and

(k) See 21 & 22 Vict. c. 98, ss. 12, 24, post, which enables corporate boroughs to become Local Boards. That Act in s. 27, empowers districts when formed, to be united, but does not enable a district to be originally formed by the union of two boroughs. It appears by the return of the local districts, presented to parliament in July, 1868, that there is no instance of a district formed of two boroughs.

(1) This has since been settled otherwise. See 21 & 22 Vict. c. 98, 8. 27, post. But the orders heretofore made will continue in force in the places to which they have been applied.

town coun

by owners

payers

rate

or part is within such last-mentioned district, and such number of other persons as shall be fixed by such provisional order to be selected by such council or each of such councils respectively out of their own number, or from the persons qualified to be councillors of the borough in respect whereof the selection is to be made, and shall be named and selected by such council or councils accordingly, shall, together with such number of persons as shall be elected as hereinafter mentioned in respect of such non-corporate parts, be, within and for such district, the local board of health under this Act;

And the first selection by any such council in pursuance of this Act shall be made on a day to be appointed by parliament (f);

And each person selected by the council out of their own number shall be a member of the local board with which he is selected to act so long as he continues without re-election to be member of the council from whom he was selected, and no longer;

And each person selected by the council otherwise than out of their own number shall be a member of the local board with which he is selected to act for one year from the date of his selection, and no longer;

And in case of any vacancy in the number selected some other person or persons (as the case may require) shall be selected by the council by whom the person or persons causing the vacancy was or were selected, within one month after the occurrence of the vacancy (g);

And the meeting of any council at which any selection as

(f) The 14 & 15 Vict. c. 90, s. 5, enabled the general board of health to appoint any days for the first election or selection other than those appointed by the order in council or the statute. But such power cannot now be exercised.

(g) It is presumed that the provision of this time is only directory, and Time direc- that the vacancy may be supplied although the month has expired. Q. v. Griffiths, 7 E. & B. 953.

tory.

See

aforesaid is made in pursuance of this Act shall to all intents and purposes be deemed to be a meeting held in pursuance of an Act passed in the sixth year of the reign of King William the Fourth, intituled "An Act for the Regulation of Mu- 5 & 6 Will. 4, nicipal Corporations in England and Wales "(h)

c. 76.

members of

by owners

payers.

XIII. And be it enacted that in every district Election of comprising the whole or part of any corporate borough or local board boroughs as aforesaid, and also any part or parts not within and rate the boundaries of any corporate borough or boroughs, such number of persons (i), qualified as hereinafter prescribed, as shall be fixed by such provisional order as aforesaid, to be elected for such part or parts or for each of such parts respectively, shall from time to time be elected in such manner and by such owners of property and ratepayers as hereinafter mentioned, to be together with the persons selected as aforesaid in respect of the corporate parts of such district, and shall be, within and for such district, the local board of health under this Act;

And in every district not comprising the whole or part of any corporate borough or boroughs, but being a district to which this Act may be applied by order of Her Majesty in council (k), such number of persons, qualified as hereinafter prescribed in this behalf, as shall be fixed by such order in council, shall be elected, in such manner and by such owners

(h) See the provisions in 5 & 6 Will. 4, c. 76, s. 69, as to the meetings of the council in boroughs, which among other things, require a notice of three clear days to be given before the meeting is held.

(i) Under 21 & 22 Vict. c. 98, post, this kind of district will not be formed originally. By sect. 27 adjoining districts may unite and determine the terms of union, one of which must be the number of members to be returned for each respectively.

(k) See sect. 10, which describes these several districts. In new districts since formed out of places not corporate boroughs nor governed by improvement commissioners, the number of members have been determined at the meeting which adopts the Act by the persons present thereat.

of property and ratepayers as hereinafter mentioned, to be, and shall be, within and for such district, the local board of health under this Act;

And in every district not comprising the whole or part of any corporate borough or boroughs, and being a district to which this Act cannot be applied without the authority of parliament such number of persons, qualified as hereinafter prescribed, as shall be fixed by such provisional order as aforesaid, shall be elected, in such manner and by such owners of property and ratepayers as hereinafter mentioned, to be, and shall be, within and for such district, the local board of health under this Act;

And the first election for any district or part of a district shall take place on a day to be appointed by order of Her Majesty in council or by parliament (as the case may require) (ƒ);

And one-third of the number elected for the whole or any part or parts of a district respectively shall go out of office on such day in each year subsequently to that of the first election as shall be appointed by such order in council or provisional order as aforesaid (as the case may require) (g);

(f) See note on sect. 12; and as to the proceedings now in force, see notes on 21 & 22 Vict. c. 98, s. 24.

(g) These provisions apply to local boards constituted under the subsequent Act, but there has been no distinct provision as to when the day for the determination of the year of office arrives, there being no order in council or provisional order applicable to such boards. The intention of the statutes is that the year should determine on the anniversary of the day of election, but this intention is not expressed in any Act. The 15 & 16 Vict. c. 42, s. 14, enacted that "the Definition of word year shall for the purposes of the election of local boards of health acting in execution of the Public Health Act, 1848, and of the continuance in office of the members of such Board be taken to mean the interval between the day of election of any such board and the day of election next ensuing." Unfortunately, in elections under the 21 & 22 Vict. c. 98, there is no day specifically fixed as the day of election. But according to section 26, post, the day of collecting the voting papers is described as the day of election.

the word

year.

Day of election.

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