also the stock in trade of any waterworks 11 & 12 VICT. company: c. 63. Board of Clerk," &c. The expression "the local board of health" "The Local shall mean the persons authorised to Health :" execute in each district all or any of the powers, authorities, and duties vested in or imposed upon the local board of health by this Act: The expressions "the officer of health," "the "The clerk," "the treasurer," " the surveyor," "the inspector of nuisances," shall mean the persons respectively appointed to be or authorised to execute the offices of the officer of health, clerk, treasurer, surveyor, and inspector of nuisances respectively in each district for the purposes of this Act. 3. citing this III. And be it enacted, that in citing this Mode of Act in other Acts of parliament, and in legal Act. instruments and other proceedings, it shall be sufficient to use the words "The Public Health Act, 1848." 4. Board of constituted, IV. And be it enacted, that the first com- General missioner for the time being of her Ma- Health to be jesty's woods and forests, land revenues, works, and buildings, together with such two other persons as her Majesty by warrant under the royal sign manual may be pleased to appoint, shall be and constitute a board for superintending the execution of this Act, and shall PUBLIC HEALTH ACT 1848. Power to general board be called "The General Board of Health," (m) and shall have and execute all the powers and duties vested in or imposed on such board by this Act, and the said first commissioner shall be the president of the said board; and her Majesty may from time to time, at her pleasure, remove all or any of the persons so appointed by her, and appoint others in their stead; and the powers and duties vested in the said board by this Act may be exercised and executed by any two members thereof; and during any vacancy in the said board the continuing members or member thereof may act as if no vacancy had occurred: Provided always, that the said general board of health shall be continued only for five years next after the day of the passing of this Act, and thenceforth until the end of the then next sessions of parliament, and no longer. 5. V. And be it enacted, that the said board may of health to from time to time appoint a secretary and such appoint offi (m) The General Board of Health.-In addition to the powers given to the board by the public nuisances Act, 11 & 12 Vict. c. 123, s. 8, notice must be given to the board, and their approval must be given in writing before any hospital is built or opened for the reception of patients afflicted with infectious or contagious diseases or disorders; and by s. 10, they are empowered to issue directions and regulations for the prevention or mitigation of epidemic, endemic, or con tagious diseases. Other important powers are given to this board by the Nuisances Removal Act of 1849; and by the 13 & 14 Vict. c. 52 (Metro. Interments Act).-See ante, p.10. 11 & 12 VICT. c. 63. cers and ser clerks and servants as they, subject to the ap- vants, subject to approval of a seal to be And the said board shall cause to be made a And to cause seal for their use in the execution of this Act, made. and documents or copies of documents purporting to proceed from them, and to be signed by any two or more of them, and to be sealed or stamped with such seal, shall be received as prima facie evidence in all courts and places whatsoever. 6. point superin spectors, sub proval of VI. And be it enacted, that the general board Power to apof health may from time to time appoint so tending inmany proper persons as they, subject to the ject to ap approval of the commissioners of her Majesty's treasury. treasury, may deem necessary, to be superintending inspectors for the purposes of this Act; and every person so appointed shall have all the powers, duties, and liabilities vested in or imposed upon any superintending inspector by this Act, and shall assist in the superintendence and execution of this Act, when, where, and in such manner as the said board shall direct, and shall be removable at their pleasure. 7. treasury to &c. to general VII. And be it enacted, that there shall Power to be paid to such one of the members of the grant salaries, general board of health, not being the president, board of as her Majesty shall direct, and to the said intending insecretary, clerks, and servants, such salaries or health, super spectors, &c. PUBLIC HEALTH ACT, Wages, and to the said superintending inspec1848. tors such allowances, as shall from time to time be appointed by the commissioners of her Majesty's treasury, out of any moneys which may from time to time be provided by parliament for that purpose: Provided always, that the allowance to a superintending inspector shall not exceed the sum of three pounds three shillings for every day he shall be actually employed or travelling in the performance of the duties of his office; provided also, that the commissioners of her Majesty's treasury may allow to any superintending inspector such reasonable travelling and other expenses as may be incurred by him in the performance of the duties of his office under this Act, in addition to his said allowance. Upon petition of a certain 8. VIII. And be it enacted, that from time to proportion of time after the passing of this Act, upon the householders, the deaths in appear upon &c., or when petition of not less than one-tenth of the inhaany city, &c. bitants rated to the relief of the poor of any the registrar city, town, borough, parish, or place having a returns to be known or defined boundary, not being less than tain propor- thirty in the whole (m), -or where it shall general's above a cer tion, superin spector to make local inquiry. tending in- appear or can be ascertained from the last return for the time being made up by the registrar general of births, marriages, and deaths, from the deaths registered in a period of not less than seven years, that the number of deaths annually in any city, town, borough, parish, or (m) For form of petition, see Appendix, No. IV., p. 249. c. 63. place during the period in respect whereof such 11 & 12 VICT. return shall have been made have on an average exceeded the proportion of twenty-three to a thousand of the population of such city, town, borough, parish or place,—the general board of health may, if and when they shall think fit, direct a superintending inspector to visit such city, town, borough, parish, or place, and to make public inquiry, and to examine witnesses, —as to the sewerage, drainage, and supply of water, the state of the burial grounds, the number and sanitary condition of the inhabitants,and as to any local Acts of Parliament (m) in force within such city, town, borough, parish, or place for paving, lighting, cleansing, watching, regulating, supplying with water, or improving the same, or having relation to the purposes of this Act,also as to the natural drainage areas, and the existing municipal, parochial, or other local boundaries, and the boundaries which may be most advan (m) The distinction between public and local Acts of Parliament is, that the former extend to the whole community, the latter to only a portion or portions of it. The Lighting and Watching Act (3 & 4 W. IV. c. 90) is not in this case to be regarded as a local Act (Pilkington v. Riley, 3 Exc. R. 739). As to Acts merely being printed in the Statute Book, and as to general and public, and local and personal Acts, see Richards v. Easto, 15 M. & W. 244. As to local Acts being commonly declared to be public, that does not render them public to any greater extent than for the purposes of pleading, but not for the purpose of being given in evidence (Brett v. Beales, M. & W. 421). C |