sewerage. V. A sewer authority shall within their district have all the Power of sewer (1.) The removal of house refuse from premises; and the paragraphs numbered (1), (2), and (3) of the said section Where the sewer authority and the nuisance authority are different bodies of men, the jurisdiction of the nuisance authority in such district shall cease in respect to all matters over which the sewer authority acquires powers by this section. 11 & 12 Vict. VI. The provisions of the Public Health Act, 1848, relating to Incorporation private improvement expenses, (2) as amended by any subsequent of provisions of Act of Parliament, shall be deemed to be incorporated with this c. 63. as to priAct, so far as may be required for carrying into effect any provision vate improveof this Act. ment expenses. cases be con VII. Any enactment of any Act of Parliament in force in any Earth-closets place requiring the construction of a water-closet shall, with the may in certain approval of the local authority, be satisfied by the construction of structed instead an earth-closet, or other place for the reception and deodorization of water-closets. of focal matter, made and used in accordance with any regulation from time to time issued by the local authority. The local authority may, as respects any houses in which such earth-closets or other places as aforesaid are in use with their approval, dispense with the supply of water required by any contract or enactment to be furnished to the water-closets in such houses, on such terms as may be agreed upon between such authority and the persons or body of persons providing or required to provide such supply of water. The local authority may themselves undertake or contract with any person to undertake a supply of dry earth or other deodorizing substance to any house or houses within their district for the purpose of any earth-closets or other places as aforesaid. The Local authority may themselves construct, or require to be constructed, earth-closets, or other such places as aforesaid in all cases where, under any enactment in force, they might construct water-closets or privies, or require the same to be constructed, with this restriction, that no person shall be required to construct an earth-closet or other place as aforesaid in any house instead of a water-closet, if he prefer to comply with the provisions of the enactment in force requiring the construction of a water-closet, and a supply of water for other purposes is furnished to such house, and that no person shall be put to greater expense in constructing an earth-closet or other place as aforesaid than he would be put to by compliance with the provisions of any enactment as to waterclosets or privy accommodation which he might have been compelled to comply with if this section had not been passed. Local authority shall, for the purposes of this Act, mean any Local Board and any sewer authority. VIII. Whereas by the forty-ninth section of the Sanitary Act, 1866, (3) power is given to one of Her Majesty's principal Secre Provision for recovery of expenses by Secretary of State. As to recovery of penalties. Amendment of sect. 37 of 29 & 30 Vict. c. go. taries of State in case of any sewer authority, Local Board, or nuisance authority making default in performing the sanitary duties specified in the said section, and imposed on them by Act of Parliament, to appoint a person to perform the same, and to direct by order that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default, and that any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, and be enforced in the same manner as if the same were an order of such Court: And whereas it is expedient to make further provision for enforcing payment of any sum so specified as aforesaid in the order of the Secretary of State together with the costs of the proceedings occasioned by the default made in payment of such sum: Be it enacted, that the sum so specified in the order of the Secretary of State, together with the costs of the proceedings, shall be deemed to be expenses properly incurred by the authority in default and to be a debt due from such authority, and payable out of any moneys in the hands of such authority, or their officers, or out of any rate applicable to the payment of any expenses properly incurred by the defaulting authority, and which rate is in this section referred to as the local rate; and in the event of any authority refusing to pay any such sum with costs as aforesaid for a period of fourteen days after demand, the Secretary of State may by precept empower any person to levy by and out of the local rate such sum (the amount to be specified in the precept) as may, in the opinion of the said Secretary of State, be sufficient to defray the debt so due from the defaulting authority, and all expenses incurred in consequence of the non-payment of such debt; and any person or persons so empowered shall have the same powers of levying the local rate, and requiring all officers of the defaulting authority to pay over any moneys in their hands, as the defaulting authority itself would have in the case of expenses legally payable out of a local rate to be raised by such authority; and the said person or persons, after repaying all sums of money so due in respect of the precept, shall pay the overplus, if any, (the amount to be ascertained by the Secretary of State,) to or to the order of the defaulting authority. IX. Penalties under any section incorporated with this Act shall be recovered in manner directed by the Act passed in the session holden in the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three. All powers conferred by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred by any other Act of Parliament, and any such other powers may be exercised as if this Act had not passed. Nothing in this Act contained shall be deemed to exempt any person from any penalty to which he would have been liable if this Act had not been passed: Provided that no person who has been adjudged to pay any penalty in pursuance of this Act shall for the same offence be liable to a penalty under any other Act. X. The sewer authority, or in the metropolis the nuisance authority, shall have the like power to make provision for the temporary supply of medicine and medical assistance for the poorer inhabi tants as it now has to provide hospitals or temporary places for the reception of the sick under the thirty-seventh section of the Sanitary Act, 1866 (1), but such power to make provision for the temporary supply of medicine and medical assistance shall not be exercised without the sanction of Her Majesty's Privy Council. Sanitary Act, XI. In the construction of the first part of the Sanitary Act, Construction of 1866, "owner" shall have the same meaning as it has in the second first part of the part of the said Act; (2) and notices may be served for the pur- 1866. poses of the first part of the said Act in the same manner in which they are required to be served under the second part of the said Act. 32 & 33 VICT. c. 100. An Act to facilitate the borrowing money in certain cases for the purpose of The Sanitary Act, 1866, and the Acts amending the same; and for other purposes. [11th August, 1869.] WHEREAS by the Sanitary Act, 1866, the Sewage Utilization Act, 1867, and the Sanitary Act, 1868, one of Her Majesty's Principal Secretaries of State is empowered, in case of any sewer authority, local board, or nuisance authority making default in performing their duty in relation to the sanitary matters therein mentioned, to appoint a person to perform the same, and it is by the said Acts provided that the person so appointed should be invested in the performance of his duties with all the powers of the authority in default, and that the expenses of the performance of such duties shall be a debt due from the authority in default and repayable out of any local rate leviable by them : And whereas it is expedient to give further facilities to the said Secretary of State in carrying into effect the provisions of the said Act: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Short title. Application of I. This Act may be cited as "The Sanitary Loans Act, 1869." II. This Act shall not extend to Scotland or Ireland. III. "Sewer authority," "local board," and "nuisance authority" Act. shall have the same meaning as they respectively have in the Definition of Sanitary Act, 1868, and "local authority"`shall include all the said authorities. 66 Local rate" shall have the same meaning as it has in the eighth section of the Sanitary Act, 1868. local autho rity." expenses and IV. One of Her Majesty's Principal Secretaries of State may, Certificate of from time to time, certify under his hand the amount of expense Secretary of that has been incurred, or an estimate of the expenses about to be State as to incurred, by any person appointed by the Secretary of State for the loans. purpose of performing the duty of a defaulting local authority; he may also, from time to time, certify under his hand the amount of any loan required to be raised for the purpose of defraying any expense that may have been so incurred, or is estimated as about to p. 725, and 18 & 19 Vict. c. 121, S. 2, ante, p. 648. (1) See ante, p. 731. (2) See 29 & 30 Vict. c. 90, S. 14, ante, Power of Secretary of State to borrow money for sanitary pur poses. Remedy for principal and interest. Application of surplus of loan. Secretary of State may change person performing duties of local authority. Power of order payments. Definition of expenses. be incurred; and the certificate of the said Secretary of State shall be conclusive as to the matters to which it refers. V. Whenever the said Secretary of State certifies any loan to be required for the purpose of defraying any expenses incurred or to be incurred in the performance of the duty of a defaulting local authority, the Public Works Loan Commissioners, as defined for the purposes of the Public Works Loan Act, 1853, may, in manner and subject to the provisions of the said Act, and the other enactments relating to the said Commissioners and applicable to the case, advance to the said Secretary of State, or to any person appointed by him as aforesaid, the amount of the loan so certified to be required on the security of the local rate, without requiring any other security, and the said Secretary of State, or the person so appointed as aforesaid, may, by any instrument under his hand, charge the local rate with the repayment of the principal and interest due in respect of such loan, and any such charge shall have the same effect as if the defaulting local authority were empowered to raise such loan on the security of the local rate, and had duly executed an instrument charging the same upon the local rate; and the certificate of the Secretary of State certifying any loan to be required or appointing a person to perform the duty of a defaulting local authority shall be taken as conclusive evidence that all the requirements of the forty-ninth section of the Sanitary Act, 1866, and of any other enactment relating thereto, have been duly complied with, and that the person appointed to perform the duty of the defaulting local authority has been duly appointed. VI. Any principal money or interest for the time being due in respect of any loan under this Act made for payment of the expenses incurred or to be incurred in the performance of the duty of a defaulting local authority shall be taken to be a debt due from such authority, and, in addition to any other remedies, may be enforced in the manner in which a debt due from a defaulting authority may be enforced in pursuance of the said eighth section of the Sanitary Act, 1868. VII. If the amount of any loan raised for defraying the expenses incurred or to be incurred in the performance of the duty of a defaulting local authority is not wholly expended in defraying such expenses, the overplus (if any), the amount to be ascertained by a certificate of the Secretary of State, shall be paid to or to the order of the defaulting authority. VIII. The said Secretary of State may from time to time, by order under his hand, change the person appointed by him to per form the duty of a defaulting local authority. IX. The Secretary of State may make order for the payment of the costs of all inquiries or proceedings directed by him in pursu ance of the Local Government Act, 1858, the Sanitary Acts, 1866, 1868, the Sewage Utilization Acts, 1865, 1867, or any of such Acts, and as to the parties by whom or the rates out of which such costs shall be borne; and such orders may be enforced in the same way as orders for costs of appeals under the eighty-first section of the Local Government Act, 1858. X. Expenses" for the purposes of this Act shall include all sums payable by or by the order of the Secretary of State, or the person appointed by him, on the occasion of a default being made by any local authority in the performance of its duties in relation to sanitary matters. 33 & 34 VICT. c. 53. An Act to amend certain provisions in the Sanitary and Sewage [9th August, 1870.] room WHEREAS it is expedient further to amend the Sanitary Act, 1866, in order to facilitate the removal of persons suffering from any dangerous, contagious, or infectious disorder who are without proper lodging or accommodation, or are lodged in a occupied by more than one family, or are on board ship, and to make further provision with respect to special drainage districts consisting of part of a parish or made up out of more parishes than one, and with respect to service of orders and demands of any of Her Majesty's Principal Secretaries of State under the Sanitary and Sewage Utilization Acts : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. This Act may be cited for all purposes as The Sanitary Act, Short title. 1870. to be within II. For the purposes of the twenty-sixth section of the Sanitary All hospitals in Act, 1866, every hospital or place for the reception of the sick situate metropolis held within the limits of the metropolis, as defined by the Metropolis district of every Management Act, 1855, shall be deemed to be within the district of nuisance authoevery one of the nuisance authorities in the metropolis. rity for purposes of sect. 26 of the shall be given III. Any notice which by virtue of such provisions of the Act Sanitary Act, of the fifty-eighth year of the reign of King George the Third, 1866. chapter sixty-nine, or any of the Acts amending the same or How notices incorporated therewith, as are incorporated by the fifth section in special drainof the Sanitary Act, 1866, is required to be signed by the rector, age districts vicar, or curate, or by a churchwarden or overseer of the poor of consisting of part of a parish or the parish, shall in the case of any special drainage district made made up by up of, including part of a parish only, or more than one parish, be more than one signed by the rector, vicar, or curate, or by a churchwarden parish. or overseer of the poor of any parish wholly or partly included in the district, and any notice which by the said Acts or any of them is required to be affixed on or near to the doors of all churches and chapels within the parish shall be affixed to the doors of any church or chapel in the special drainage district, or if there be no such church or chapel, then on the doors of all churches and chapels in the parish or parishes out of which the district has been constituted. are to be served or sent in special tricts. IV. Any order or demand of any of Her Majesty's Principal How orders Secretaries of State under the Sanitary and Sewage Utilization Acts and demands shall be deemed to have been duly served on the sewer authority of any district for the purposes of those Acts if served on or sent drainage disthrough the post in a registered letter addressed to any person appointed at a meeting of the sewer authority to receive service, of which appointment notice shall be given to such Secretary of State, or if no such person shall have been appointed, or no notice of such appointment given to the Secretary of State as aforesaid, or if the person so appointed shall refuse, neglect, or be unable to receive such service, then if served on or sent by the post as aforesaid to the rector, curate, or overseer, or the churchwarden or overseer of |