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The Section numbered 85 of the said Act:
incorporated with this Act.
Penalties in res
LXXXV. And be it enacted, That the Local Board of Health may enter into all such Contracts as may be necessary for carrying this Act into execution; and every such Contract whereof the Contracts by Value or Amount shall exceed Ten Pounds shall be in Writing, Particulars, &c. and (in the Case of a Noncorporate District) sealed with the of if above £10. Seal of the Local Board by whom the same is entered into, and signed by Five (a.) or more Members thereof, and (in the Case of a Corporate District) sealed with the Common Seal, and shall specify the Work, Materials, Matters, or Things to be furnished, had, or done, the Price to be paid, and the Time or Times within which the Contract is to be performed, and shall fix and specify some pecuniary Penalty to be paid in case the Terms of the Contract are not duly performed; and every Contract so entered into, and duly executed by the other Parties thereto, shall be binding on Binding on the Local Board by whom the same is executed, and their Suc- and Successors. cessors, and upon all other Parties thereto, and their Executors, Administrators, Successors, or Assigns, to all Intents and Purposes: Provided always, that the said Local Board may compound with Composition for any Contractor or other Person in respect of any Penalty incurred pect of Breach of by reason of the Nonperformance of any Contract entered into as aforesaid, whether such Penalty be mentioned in any such Contract, or in any Bond or otherwise, for such Sums of Money or other Recompence as to such Local Board may seem proper: Provided also, that before contracting for the Execution of any Estimates and Works under the Provisions of this Act the said Local Board shall Report by Surveyor to be made obtain from the Surveyor an Estimate in Writing, as well of the before commenprobable Expense of executing the Work in a substantial Manner as of the annual Expense of repairing the same; also a Report as to the most advantageous Mode of contracting, that is to say, whether by contracting only for the Execution of the Work, or for executing and also maintaining the same in repair during a Term of Years or otherwise: Provided also, that before any Con- As to Contracts tract of the Value or Amount of One hundred Pounds or upwards is entered into by the said Local Board Ten Days public Notice at the least shall be given expressing the Nature and Purpose thereof, and inviting Tenders for the Execution of the same; and the said Local Board shall require and take sufficient Security for the due Performance of the same.
above the Value of £100.
Provided always, that the Commissioners may undertake any works of urgent Work without Estimate, Contract, or other Proceeding herein necessity. required, when from urgent Cause the Commissioners deem it
(a.) Altered to 2 see Proviso post.
necessary that the Delay occasioned by such Proceedings be avoided:
Every Contract, Deed, Bond, Security, or other Instrument in Commissioners. Writing required or authorized under this Act may be entered into or executed by the Commissioners, or given to or accepted by them, in and by their Name of the Cheltenham Improvement Commissioners, and, unless otherwise specially directed in this Act, shall be sufficiently authenticated if signed by any Two of the Commissioners acting by the Direction and on behalf of the Commissioners; and all Contracts to which the Commissioners are Parties, or in which they are interested, may be varied and discharged by them in the same Manner as they can be entered into :
Board of Health and Commissioners to be in Writing.
Notices, &c. by
Also the Section numbered 149 of the same Act : CXLIX. And be it enacted, That whenever the Consent, Sanction, or Approval or Authority of the General Board of Health is required by the Provisions of this Act, the same shall be in Writing under their Seal and the Hands of Two or more Members thereof; and whenever the Consent, Sanction, Approval, or Authority of the Local Board of Health is so required the same shall (in the Case of a Noncorporate District) be in Writing under their Seal and the Hands of Five or more of them, or (in case of a Corporate District) under their Common Seal.
And every Notice, Summons, Demand, Consent, Sanction, may be given by Approval, or Authority of or by the Commissioners under this Act, may be given or made on their Behalf by any of their Officers, and may and shall be sufficiently authenticated if signed by the Officer by whom the same is given or made, or by the Commissioners Clerk.
apply only to
Also the Section numbered 151 of the same Act, as to ExSections from the emption from Stamp Duty, but the same shall apply only to Instruments and Writings executed or made exclusively under the Provisions herein incorporated from the said Public Health Acts. (a.)
(a.) The wording of this addenda selecting only two words "instruments and writings," seems to prevent section 151 of the Public Health Act exempting from duty advertisements, and perhaps "appointments of officers," &c., though those appointments, &c. and advertisements be made exclusively under the provisions of the Public Health Acts; it may be questioned if deeds, &c. relating to matter in sections, incorporated from the Public Health Act, can strictly be said to be "executed or made exclusively under the provisions herein incorporated from the said Public Health Acts," because the Public Health Act says such deeds, &c. must be signed by 5 Commissioners, but the Local Act qualifies that and says two; so that the deed so signed by two is not in fact "executed or made exclusively under the Provisions herein incorporated" from the Public Health Act. Statutes relieving instruments from duties charged by previous Acts must be construed strictly.
(Sections 23. CLI. And be it enacted, That no Advertisement inserted or caused 24. 25.) to be inserted by the General or Local Board of Health in the Exemptions London Gazette or any Paper or Publication under this Act, or for Duty. the Purpose of carrying the same into effect, nor any Deed, Award, Submission, Instrument, Contract, Agreement, or Writing, made or executed by the said General or Local Board, their Officers or Servants, under or for the Purposes of this Act, nor any Appointment by the General or Local Board of any Officer or Person under this Act, shall be chargeable with any Stamp Duty whatever;
copies under, to
XXIV. That the Commissioners shall cause a Seal to be made Common Seal. for their Use in executing this Act, and Documents or Copies of Documents and Documents purporting to proceed from the Commissioners, and be evidence. to be signed by any Two or more of them, and to be sealed or stamped with such Seal, shall be received as Evidence in all Courts and Places whatsoever. (a.)
And with respect to the making of Byelaws, be it enacted,
XXV. That the following Sections of "The Public Health Sections 115 and Act, 1848," shall be incorporated with this Act:
The Section numbered 115 of the said Act:
116 of 11 and 12 Vict. c. 63.,incorporated with this Act.
CXV. And be it enacted, That all Byelaws made by the Local Board Byelaws of of Health under and for the Purposes of this Act shall be in to be sealed. &c. Writing under their Seal, and the Signature of any Five (b.) or more of their Number, or (in the Case of a Corporate District) under the Common Seal; and the said Local Board may by any May impose penalties. such Byelaws impose upon Offenders against the same such reasonable Penalties as they shall think fit, not exceeding the Sum of Five Pounds for each Offence, and in the Case of a continuing Offence a further Penalty not exceeding the Sum of Forty Shillings for each Day after written Notice of the Offence from the said Local Board; and the said Local Board may alter May be altered, or repeal any such Byelaws by any subsequent Byelaws, scaled and signed or (in case of a Corporate District) sealed, as last Mode of fixing aforesaid: Provided always, that all such Byelaws imposing any nalty.
(a.) This section overcomes some of the difficulties under which Local Boards of noncorporate districts labour, but it would seem that though like Local Boards the Commissioners may take and hold Lands as a Corporate Body, (see section 84 of the Public Health Act incorporated by section 26) they are not a Corporate Body for all other purposes. They must sue and be sued in the name of their Clerk; query could they file a bill or present a petition under their Common Seal in Chancery as "The Cheltenham Improvement Commissioners," or must they file or present it in the name of their Clerk; See exparte the Local Board of Llanelly in V. C. Kindersley's Court, 29th of January, 1853, 17 Jurist 107.
(b.) The Proviso in the 23rd section ante, page 38 enacts that "every contract, deed, bond, security, or other instrument in writing" should be sufficiently authenticated if signed by two Commissioners. Query, would it affect Bye Laws, aided by the 24th section?
amount of Pe
Not to be repugnant to Law.
Notice of confirmation, &c.
Inspection by ratepayers.
Copies supplied to ratepayers.
Proposal to make, &c.
Notice of before making.
Byelaws to be printed, &c.
Copies delivered to ratepayers.
Hung up at magistrates
given to Officers, &c.
Penalty shall be so framed as to allow of the Recovery of any Sum less than the full Amount of the Penalty: Provided also, that no such Byelaws shall be repugnant to the Laws of England or to the Provisions of this Act, and the same shall not be of any Force or Effect unless and until the same be submitted to and confirmed by One of Her Majesty's Principal Secretaries of State, who is hereby empowered to allow or disallow the same, as he may thing proper: Provided also, that no such Byelaws shall be confirmed unless Notice of Intention to apply for Confirmation of the same shall have been given in One or more of the public Newspapers usually circulated within the District to which such Byelaws relate One Month at least before the making of such Application; and for One Month at least before any such Application a Copy of the proposed Byelaws shall be kept at the Office of the Local Board of Health, and be open during Office Hours thereat to the Inspection of the Ratepayers of the District to which such Byelaws relate, without Fee or Reward; and the Clerk shall furnish every such Ratepayer who shall apply for the same with a Copy thereof or of any Part thereof, on Payment of Sixpence for every One hundred Words contained in such Copy.
Provided also, that no such Byelaw shall be made unless the same shall have been proposed and formed at a Meeting of the Commissioners held at some Time not less than One Calendar Month before the making of such Byelaw, and shall have been publicly made known, and Notice of the Day of Meeting for making the same shall have been given in some or One of the Newspapers published or circulated within the Borough, Three Weeks before the holding of the Meeting at which such Byelaw shall be finally made and agreed on :
Also the Section numbered 116 of the same Act:
CXVI. And be it enacted, That all Byelaws made by the Local Board of Health in pursuance of this Act shall be printed, and hung up in the Office of the said Local Board; and Copies thereof shall be delivered to any Ratepayer of the District to which such Byelaws relate, upon his Application for the same.
And Copies of all Byelaws in force shall be hung up at the Office, &c. and Magistrates Office and in the Market Place of Cheltenham ; and a Copy of such Byelaws shall be given to every Officer and Servant of and Person licensed by the Commissioners affected thereby; and the Copies hereby required to be hung up of such Byelaws shall be renewed from Time to Time, when necessary, so that
the same shall be always clear and legible.
of and Entry on.
And with respect to the Commissioners Purchase and taking Lands, Purchase of and Entry on Lands, and the Compensation to be paid by the Commissioners for Damage done by them in execution of the Powers of this Act, be it enacted,
XXVI. That the following Sections of "The Public Health Sections 84, 143, Act, 1848," shall be incorporated with this Act:
The Section numbered 84 of the said Act:
144, and 71 of 11 and 12 Vict. c. 63 incorporated with this Act.
&c. under 8 and
LXXXIV. And be it enacted, That the Local Board of Health, by Agreement, may purchase, or take upon Lease, sell, or exchange, any Lands or Premises for the Purposes of this Act; and the Power to ComLands Clauses Consolidation Act, 1845, (a.) except the Parts and purchase Lands, Enactments of that Act with respect to the Purchase and taking 9 Vict. c. 18. of Lands otherwise than by Agreement, and with respect to the Recovery of Forfeitures, Penalties, and Costs, and with respect to Lands acquired by the Promoters of the Undertaking, but which shall not be wanted for the Purposes thereof, shall, in so far as Lands Clauses the same is consistent with this Act, be incorporated with this Act; and for the Purposes of this Act the Expression "the Promoters of the Undertaking," wherever used in the said Lands Clauses Consolidation Act, shall mean the Local Board of Health mentioned in this Act; and all Lands and Premises which shall be And to hold as a Body corporate. purchased, hired, or taken on Lease by the Local Board of Health of any Noncorporate District shall be conveyed, demised, and assured to such Local Board and their Successors, in trust for the Purposes of this Act, and shall be accepted, taken, and held by them as a Body Corporate.
(a.) The Parts of the Lands Clauses Consolidation Act excepted by this section, are
1st.-The compulsory Powers, included in sections 16 to 68 both inclusive, which Powers are incorporated hereafter by section 28 page 44 post, and see note to that section. And part of which powers are in effect incorporated by section 77 of the Towns Improvement Clauses Act, incorporated by section 66 post.
2nd.-The Provisions relating to the recovery of Penalties, &c. included in sections 136 to 149 both inclusive, And
Srd.-The Powers to sell the superfluous Lands included in sections 127 to 135, both inclusive; The 13th section of the Lands Clauses Consolidation Act, will authorise the sale and re-purchase of Lands acquired by the Commissioners. The whole of the Lands Clauses Consolidation Act, containing 153 sections, being with the exception of the 23 sections, above alluded to in the 2nd and 3rd divisions incorporated with the Cheltenham Improvement Act, would in itself be sufficient reason for inserting the Act in full in the appendix, and drawing attention to the parts excepted; but it will be observed that the Public Baths and Lodging Houses Acts (the powers contained in which the Commissioners may exercise,) incorporate into their Acts the whole of the Lands Clauses Consolidation Act, but the Commissioners in each Act are restricted from purchasing or taking lands otherwise than by agreement. The Lands Clauses Consolidation Act will therefore be found in the appendix, No. 6, in full.