PUBLIC

HEALTH ACT, 1848.

Bye-laws of local board not to be in

force till confirmed by secretary of state.

be made by two or more mortgagees or other persons to whom there may be due after such lapse of time and demand as last aforesaid, moneys collectively amounting to that sum.

115.

CXV. And be it enacted, that all bye-laws made by the local board of health under and for the purposes of this Act shall be in writing under their seal, and the signature of any five 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 such bye-laws 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 or repeal any such bye-laws by any subsequent bye-laws, sealed and signed, or (in case of a corporate district) sealed as last aforesaid:

Provided always, that all such bye-laws imposing any 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 bye-laws 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 prin

cipal secretaries of state (a), who is hereby empowered to allow or disallow the same, as he may think proper:

11 & 12 VICT.

c. 63.

confirmation,

Provided also, that no such bye-laws shall Notice of be confirmed unless notice of intention to apply &c. 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 bye-laws 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 bye-laws 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

(a) Bye-laws intended for confirmation should be transmitted to the Secretary of State for the Home Department, with the copy of a newspaper in which appeared the notice of the intention to apply for their confirmation. These may either be written or printed copies, properly authenticated by the chairman of the board, countersigned by the clerk.

The General Board were of opinion (January 3, 1851), in the case of slight alterations made by the Secretary of State, that it was not necessary before confirmation, that alterations should be readvertised, and again deposited for a month at the office of the local board.

The bye-laws which may be made under this Act by a local board, are chiefly as to the meetings, &c., of the board, s. 34; the duties, &c., of the officers, s. 37; the removal by private persons of dust, rubbish, &c., s. 55; emptying cesspools, &c., s. 55; management of slaughter-houses, s. 62; regulation of noxious or offensive trades, s. 64; regulation of common lodging houses, s. 66; houses for the temporary reception of the dead, s. 81. As to the penalties under byelaws and their recovery, see s. 129.

HEALTH ACT,

1848.

PUBLIC such bye-laws 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.

Bye-laws to be printed, &c.

Local board

to be survey.

ways;

116.

CXVI. And be it enacted, that all bye-laws 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 bye-laws relate, upon his application for the same.

117.

CXVII. And be it enacted, that the local ors of high- board of health within the limits of their district shall, exclusively of any other person whatsoever, execute the office of and be surveyor of highways and have all such powers, authorities, duties (b), and liabilities as any surveyor of highways in England is now or may hereafter be invested with or be liable to by

(b) The General Board were of opinion (April 4, 1851), that the surveyors of the roads under the Public Health Act must attend before the justice to verify their accounts under the General Highway Act, 5 & 6 W. IV. c. 50; exactly as ordinary surveyors of highways.

The Acts relating to the duties of the surveyors of the highways are the General Highway Act, 5 & 6 W. IV. c. 50; and also 4 & 5 Vict. c. 51; 4 & 5 Vict. c. 59; 12 Vict. c. 14; 12 & 13 Vict. c. 35. See also ss. 70 and 72 of this Act.

c. 63.

virtue of his office by the laws in force for the 11 & 12 VICT. time being, except in so far as such powers, duties, or authorities are or may be inconsistent with the provisions of this Act;

And the inhabitants of any district shall not in respect of any property situate therein be liable to the payment of highway rate or other payment, not being a toll, in respect of making or repairing roads or highways within any parish, township, or place, or part of any parish, township, or place, situate beyond the limits of such district:

surveyors to

in arrear.

Provided always, that the several persons but existing who at the time when this Act is applied to recover rates any district are surveyors of highways within the same district may recover any highway rate made in respect of the said district, and then remaining unpaid, in the same manner as if this Act had not been passed; and the money so recovered shall be applied, in the first place -in reimbursing themselves any expenses incurred by them as such surveyors, and in discharging any debts legally owing by them on account of the highways within their jurisdiction; and the surplus (if any) shall be paid by them to the treasurer, and carried to the district fund account mentioned in this Act:

Provided also, that neither the allowance by justices, nor the signature by the local board of health, shall be necessary in the case of any rate made by the local board of health under this Act.

I

PUBLIC

HEALTH ACT, 1848.

Existing liabilities to

make sewers, trict,

&c. not to be discharged.

Mortgage of rates to be made only

with approval of general board.

Parties aggrieved by

proceedings of

118.

CXVIII. And be it enacted, that, notwithstanding the application of this Act to any disthe liability of any person whomsoever to defray or contribute towards the expense of making, completing, altering, amending, or maintaining any sewer, or any walls or works for protecting the land against the force or encroachments of the sea, or of paving or flagging or putting in order any street or part thereof within the district, shall, if incurred previously to the time when this Act is so applied, continue, and the same may be enforced, as if this Act had not been passed, and the rates to be levied under this Act shall be made only for purposes to which such liability does not extend.

119.

CXIX. And be it enacted, that it shall not be lawful for the local board of health to borrow or take up at interest any sum or sums of money upon the credit of any rates authorised to be made or collected under this Act without the previous consent of the general board of health.

120.

CXX. And be it enacted, that if in any case local board as in which the local board are empowered to recover any expenses (c) incurred by them in a

to recovery of

(c) The cases in which the power of imposing private improvement rates, are-1. for making house-drains, &c., s. 49; 2. for making waterclosets, &c., s. 51; 3. or repairing these, s. 54; 4. for cleansing or filling up noxious or offensive ditches, ponds, &c. s. 58; 5. for repairing private streets, s. 69.