c. 63.

tracts as may be necessary for carrying this Act 1 & 12 VICT. into execution;

And every such contract whereof the value or amount shall exceed ten pounds shall be in writing, and (in the case of a noncorporate district) sealed with the seal (h) of the local board by whom the same is entered into, and signed by five 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 the local board by whom the same is executed, and their successors, and upon all other parties thereto, and their executors, administrators, successors, or assigns, to all intents and purposes:

Composition

Provided always, that the said local board for penalties

(h) As to the need of a corporation seal, see Ludlow v. Charlton, M. & W., 815; and Church v. Imperial Gas Company, A. & E., 846; as in that case Lord Denman remarked, the general rule of law is, that a corporation contracts under its common seal; as a general rule, it is only in that way that a corporation can express its will or do any act. See sec. 84. In the matter of appointing an attorney, Arnold v. Poole, 4 M. & G. 860; Reg. v. Lichfield, 10 Q. B.,

PUBLIC

1848.

in respect of breach of con

tracts.

HEALTH ACT, may compound with any contractor or other person in respect of any penalty incurred 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:

Estimates to be made before commencing works.

As to contracts above

1002.

Provided also, that before contracting for the execution of any works under the provisions of this Act the said local board shall obtain from the surveyor an estimate in writing, as well of the probable 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 contract of the the value of 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.

Special dis trict rate.

86.

LXXXVI. And be it enacted, that whenever any expenses are incurred or to be incurred by

c. 63.

the local board of health in making, enlarging, 11 & 12 VICT. altering, arching over, covering, or enclosing any sewer vested or to be vested in them by this Act, or purchased or acquired by them by virtue thereof, or in or about any other works, matters, and things of a permanent nature, and executed or done for the benefit of any district or part of a district, the said local board shall make and levy, in respect of the premises situate in the district or part of a district for the benefit of which the expenses are incurred or to be incurred, a rate or rates, to be called special district rates, of such amount as will be sufficient to discharge the amount of such expenses, and interest thereon, within such period, not exceeding thirty years, as the said local board shall in each case determine :

Provided always, with respect to the cost of making any such new sewer, that if it appear to the said local board that any premises were sufficiently drained (i) before the new sewer

(i) "Any premises were sufficiently drained." These words have been made the foundation of much erroneous reasoning and unfounded claims for exemption. The words must of course be read "if it reasonably appear" to the local board. If the person assessed is dissatisfied, he must appeal to the sessions (after having first made a fair and reasonably satisfactory representation to the local board). It is, I take it, only in very peculiar cases that such an appeal would be successful. (See last proviso of sec. 49.)

The General Board (March 27, 1851,) in answer to a case, were of opinion that "a local board has not a discretionary power to rate premises in a special district rate which are

PUBLIC

HEALTH ACT, 1848.

District fund account to be kept.

General district rate.

was made, they shall deduct from the amount of rates otherwise chargeable in respect of such premises such a sum and for such a time as the said local board may, under all the circumstances of the case, deem to be just.

87.

LXXXVII. And be it enacted, that the treasurer shall keep a separate account, to be called "the district fund account," (k) and the moneys carried to such account under the directions of this Act shall be applied by the local board of health in defraying such of the expenses incurred or to be incurred by the said local board in carrying this Act into execution, and not otherwise expressly provided for, as they may think proper;

And the said local board shall from time to time, when and as often as occasion may require,

not benefited by the outlay of the rate. As to the strictness with which this Act is to be construed, see Baddeley v. Gingell, 1 Exchequer, 339.

The leading characteristic of the Special District Rate is, that from it is to be paid the expenses of public works of a permanent nature.

(k) District Fund Account.-The General Board of Health were of opinion (July 23, 1851, in a case from -), that the district fund might be employed amongst other purposes, under the 77th s., for providing public supplies of water; or under the 74th s., in supplying public walks or pleasure grounds; or under the 56th s., for providing means for the deposit of refuse, &c.; or for defraying in the first instance the cost of works in default of the owners of premises, and for the purchase of premises for widening or otherwise improving any street in the district.

c. 63.

make and levy, in addition to any other rate, a 11 & 12 VICT. rate or rates to be called "general district rates," (1) for defraying such expenses as are charged upon that rate by this Act, and such other expenses of executing this Act in any district as are not provided for by any other rate, or defrayed out of the said district fund

account.

88.

assessable to

general

LXXXVIII. And be it enacted, that the Property said special and general district rates shall be special and made and levied upon the occupier (except in district rates. the cases herein-after provided) of all such kinds of property as by the laws in force for the time being are or may be assessable to any rate for the relief of the poor,and shall be assessed upon the full net annual value of such property ascertained by the rate (if any) for the relief of the poor made (m) next before the making of the respective assessments under this Act;

And for the purposes of making any such

(1) General District Rates.-These need not, as is often supposed, extend to the whole district; see last proviso of s. 89. There are various expenses which are by this Act specially payable out of these rates (for highway repairs, see s. 88); of these are the expenses of, 1. preliminary inquiries by the General Board, s. 11; 2. of elections of the members of the board, s. 30; 3. of salaries of clerk, surveyor, inspector, treasurer, s. 37; officer of health, s. 40; 4. of maps, &c., s. 42; 5. of draining open ditches, ponds, &c., s. 58.

(m) That is, the last rate made, allowed, and published (Baskell's case, 2 C. B. 111).