Short Title. 21 & 22 Vict. c. 98, s. I. Limits of Act. Ib. s. 3. Definition of provisions of Act. Ib. s. 4. ment Act, 1858." This latter Act applies to the whole of England and Wales, except the parts comprised within the limits of the metropolis, as defined by the Metropolis Local Management Act, 18. & 19 Vict. c. 120. It is to be construed together with, and to be deemed to form part of, the Public Health Act, 1848, and words used in it are to be interpreted in the sense assigned to them in that Act: bye-laws framed under it are to be subject to confirmation, enforced, and dealt with in all other respects as bye-laws under the Public Health Act (as to which see post), and the provisions of each of the Acts shall, so far as may be consistent with the provisions of the Local Government Act, respectively be applicable to all matters and things arising under the other Act. The Local Government Act, 1858, was amended by the 24 & 25 Vict. c. 61, 26 Vict. c. 17, 29 & 30 Vict. c. 90, and 31 & 32 Vict. c. 115, the provisions of which will be adverted to hereafter. It is only necessary here to state, that in citing the 24 & 25 Vict. c. 61, it shall be sufficient to use the words and figures "Local Government Act (1858) Amendment Act, 1861;" and in citing the 26 Vict. c. 17, it may be cited as "The Local Government Act Amendment Act, 1863." Both Acts are inActs incorpo- corporated with the Public Health Act, 1848, and Local rated. Government Act, 1858, all of which are to be read as if they were one Act. Short Title. 24 & 25 Vict. c. 61, s. 31. Ib. s. 30. 66 The Sanitary Acts, Incorporation of Local Boards. 29 & 30 Vict. c. 90, s. 46. When to take effect. 21 & 22 Vict. c. 98, s. 5. Not to affect qualification or powers of Local Boards. Ib. Section 46 of the Sanitary Act, 1866, incorporates Local Boards, to be designated by such names as they may usually bear or adopt, with power to sue and be sued in such names, and to hold lands for the purposes of the several Acts conferring powers upon them. The Local Government Act took effect from the first day of September, 1858, in places where the Public Health Act, 1848, was already in force wholly or partially; but nothing contained in it is to affect the qualification and number of the members of Local Boards of Health, or any power, right, privilege, or liability of any Board of Improvement Commissioners exercising powers of the Public Health Act, 1848, or of any town council or Local Board of Health, under or by virtue of any general or local Act of Parliament other than the Public Health Act. Whenever the sanction, consent, direction, or approval of powers which the General Board of Health is required by law to the exercise required of the powers of Local Boards of Health or boards of Improvesanction of ment Commissioners, such powers, from the first day of SepGeneral Board tember, 1858, are to be exercised without such sanction, conof Health. sent, direction, or approval, or any sanction, consent, direction, or approval in lieu thereof, except in so far as is provided by the Local Government Act: all sanctions for the mortgage of rates given by the General Board of Health before the passing Exercise of Ib. s. 8. of that Act were however to continue in full force and effect until all moneys the borrowing of which was thereby sanctioned had been borrowed. Board. 34 & 35 Vict. Under the 34 & 35 Vict. c. 70, the Local Government Board Establishment was constituted, and by section 2, all the powers vested in of Local or imposed on one of her Majesty's Principal Secretaries of Government State, under Acts for the Registration of Births, Deaths, and Marriages, (6 & 7 Wm. IV. c. 86, 1 Vict. c. 22) Public c. 70. Health (11 & 12 Vict. c. 63) Local Government (21 & 22 Vict. c. 98, 24 & 25 Vict. c. 61, 26 & 27 Vict. c. 17), Drainage -Sanitary (28 & 29 Vict. c. 75, 29 & 30 Vict. c. 90, 30 & 31 Vict. c. 113, 31 & 32 Vict. c. 115, 32 & 33 Vict. c. 100), Baths and Wash-houses (9 & 10 Vict. c. 74, 10 & 11 Vict. c. 61.), Public Improvements (23 & 24 Vict. c. 30), Towns Improvement (10 & 11 Vict. c. 34), Artizans and Labourers Dwellings (31 & 32 Vict. c. 130), Returns as to Local Taxation (23 & 24 Vict. c. 51) Acts, and any Acts amending those Acts and conferring powers on the Secretary of State are transferred to and imposed on the Local Government Board, and are to be performed by such Board in like manner and form, and subject to the same conditions, liabilities and incidents, respectively, as such powers and duties might be performed before the passing of the Act. The Local Government Board was established on the 19th August, 1871, pursuant to section 3 of the Local Government Board Act, 1871, by the appointment on that day of the first President of the Board. In the construction of and for the purposes of any Act of Powers of Parliament, contract, or other document passed, entered into or Local Governmade before the establishment of the Local Government Board, ment Board. Ib. s. 7. but so far only as may be necessary for exercising the powers and discharging the duties by the Act transferred to and imposed on the Local Government Board, the name of such Board shall be deemed to be substituted for one of Her Majesty's Principal Secretaries of State; and any Act or thing which might, if the Act had not passed, have been done by one of Her Majesty's Principal Secretaries of State so far as relates to the powers and duties transferred, may be done by the Local Government Board. Board when Where the sanction, consent, direction, or approval of Sanction, etc., the General Board of Health is rendered requisite in or by of Local any Local Act of Parliament to the due exercise of any of the Government powers vested thereby in any Local Board of Health or Board necessary. of Improvement Commissioners, such powers, or any of them, 24 & 25 Vict. shall and may be henceforth exercised with and under the c. 61, s. 14. sanction, consent, direction, and approval of the Local Govern- 34 & 35 Vict. ment Board, and not otherwise. All proceedings, contracts, matters and things respectively, begun or made under any section of the Public Health Act, 1848, repealed by the Local Government Act, may be pro c. 70, s. 7. contracts, etc., under 11 & 12 Vict. be Proceedings, ceeded with and enforced as if no such repeal had taken place, and all powers exercised (i. e. as it seems, actually exercised at the time of the passing of the Local Government Act), or byelaws made under any such section, are to continue in force until the new powers and bye-laws authorized by the Local Government Act are brought into operation, and no such repeal is to affect any decree or order of the High Court of Chancery, or of any other Court of Justice, that has been obtained previously to the passing of that Act. c. 63, may proceeded with. 21 & 22 Vict. c. 98, s. 9. The provision in s. 72 of 11 & 12 Vict. c. 63, which required certain notices to be given before laying and making a building upon any new street, is repealed by 21 & 22 Vict. c. 98, s. 9, except as to "proceedings, matters, and things, respectively begun or made," under any section of the former Act; but, semble, where the proper notices had been given and plans lodged under the 11 & 12 Vict. c. 63, this was a "matter or thing begun or made" within s. 9 of 21 & 22 Vict. c. 98, although little or nothing appeared to have been done towards the formation of the streets of which notice had been given. (1) The Local Government Board are to report annually to Parliament on the execution of the Local Government Act, to to provide for make or direct such inquiries as are thereby directed, and to appoint from time to time such officers, clerks, and servants as they may require for the purposes of the Act, and at their 34 & 35 Vict. pleasure to remove them, and their salaries and allowances are to be fixed by the Lords of the Treasury. Local Government Board execution of Act. Ib. s. 79. c. 70, s. 2. Powers for inquiry directed by Local Govern ment Board. 21 & 22 Vict. c. 98, s. 80. 34 & 35 Vict. c. 70, s. 2. Power to summon Any officer directed by the Local Government Board to inquire into any matter into which such Board is empowered to direct inquiry under the Act, for the purposes of such inquiry has all the powers vested in superintending inspectors: that is to say-during any inquiry under the Act, he is empowered to summon before him any persons whomsoever, and to examine them upon oath or otherwise touching any matter relating to the purposes of the inquiry, and he may by summons require any parochial officer, or any officer of or acting under any witnesses, call corporation, guardians or directors of the poor, and any commisfor plans, sioner, trustee, officer, or person acting under any local Act of Parliament in force within the district or place to which the inquiry may relate, to produce before him any surveys, plans, sections, rate-books, or other like documents which may by reason of their office be in their custody or control touching any matter relating to the purposes of the inquiry; he may also examine, inspect, or take copies of any such books, surveys, plans, sections, and documents, or any of them, or part of them and whosoever wilfully disobeys any such summons, or prevents the officer from examining, inspecting, or taking such copies, or refuses to answer any question put to him by the officer for the purposes of the inquiry, is liable to a penalty rates, etc. 11 & 12 Vict. c. 63, s. 121. (1) Felkin App., Berridge Resp., 15 C. B. (N.S.) 257. not exceeding five pounds: no person can however be required to attend in obedience to any summons unless the reasonable charges of his attendance shall have been paid or tendered to him; and no person is required in any case, in obedience to any summons, to travel more than ten miles from his place of abode. ment Board. All orders made by the Local Government Board in pur- Orders of suance of the Act are binding and conclusive in respect of the Local Govern matters to which they refer; and such Board may make orders 21 & 22 Vict. as to the costs of any appeal to them under the Act, and the c. 98, s. 81. parties by whom they are to be borne; and every such order 34 & 35 Vict. may be made a rule of one of the superior Courts of law, on c. 70, s. 7. the application of any party named therein. order pay The Local Government Board may make order for the pay- Power of ment of the costs of all inquiries or proceedings directed by Local Governthem in pursuance of the Local Government Act, 1858, the ment Board to Sanitary Acts, 1866, 1868, the Sewage Utilization Acts, 1865, ments. 1867, or any of such Acts, and as to the parties by whom or 32 & 33 Vict. the rates out of which such costs shall be borne; and such c. 100, s. 9. orders may be enforced in the same way as orders for costs of 34 & 35 Vict. appeals under the eighty-first section of the Local Government Act, 1858. c. 70, s. 7. final. Upon an application for a mandamus after an appeal to the Decision of Secretary of State, the Court of Queen's Bench refused a rule, Local Governholding that the principle on which the decision of the Court ment Board of Quarter Sessions is final, unless the Justices state a case for the opinion of the Court, applied to an order of the Secretary of State under the Public Health Acts. Per Lord Campbell, C.J., where the legislature says that the decision of the Secretary of State is to be final, it means that it is to be final in law and in fact; and per Hill. J., there is no machinery in the Statute by which the order can be made a rule of Court; if there were, possibly it might be quashed, if bad on the face of it. (1) The Statute, however, it will be perceived, expressly enacts that every such order may be made a rule of one of the superior Courts of law on the application of any party named herein. Acts to Local Doubts having existed whether Local Boards of Health, con- Application stituted under or by virtue of Local Acts, are affected by the of General provisions of "The Local Government Act, 1858," or by the provisions of "The Nuisances Removal Act for England, stituted under 1855," and "The Diseases Prevention Act, 1855," and it being Local Acts. desirable to remove such doubts, it is enacted, That all the pro- 24 & 25 Vict. visions of "The Local Government Act, 1858," as amended by c. 61, s. 29. the 24 & 25 Vict. c. 61, and of "The Nuisances Removal Act for England, 1855," and "The Diseases Prevention Act, 1855," as amended by the "Act to amend the Acts for the Removal of (1) Ex parte Bird, 28 L.J.Q.B. 223; 5 Jur. (N.S.) 1009; 33 L.T. 162; 1 E, and E. 391. of General Application Nuisances and Prevention of Diseases," which Acts are hereinafter designated the General Acts, shall extend and apply to Acts to Local all Local Boards of Health constituted under or by virtue of stituted under Local Acts, with and subject to the two following qualifications. (that is to say): Boards con Local Acts. 24 & 25 Vict. c. 61, s. 29. Local Board. (1.) Provisions of the General Acts opposed to or restrictive of the provisions (whether adopted or original) of any such Local Act shall be of no force in the district for which the Local Act was passed: (2.) Wherever the General Acts and a Local Act contain provisions for effecting the same or a similar object, but in different modes, the Local Board of Health may proceed under the General Acts or the Local Act: And every future Act for Amending or repealing any of the General Acts aforesaid shall, subject to such qualifications, also extend and apply to every such Local Board of Health. It is to be observed that throughout the work "the Local Government Board" is substituted for "the Secretary of State" pursuant to the provisions contained in the Local Government Board Act, 1871. |