Abbildungen der Seite
PDF
EPUB

V. The said recited acts and this act shall be construed together as

one act.

23 VICT. c. 7.

Recited acts and this act to be as one.

VI. This act may for all purposes be cited as "The Medical Acts Short title. Amendment Act, 1860."

23 & 24 VICT. c. 30.

c. 30.

An Act to enable a Majority of Two Thirds of the Ratepayers 23 & 24 VICT. of any Parish or District, duly assembled, to rate their District in aid of Public Improvements for general Benefit within their District (a). [3rd July, 1860.]

WHEREAS it is expedient that facility should be given for the purpose of effecting local improvements beneficial to the health and comfort of the people be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

I. It shall be lawful for the ratepayers of any parish maintaining its Ratepayers own poor, the population of which, according to the last account from time may hold land, &c., to time taken thereof by the authority of parliament, exceeds five hundred for purpose persons, to purchase or lease lands, and to accept gifts and gants of land, of forming for the purpose of forming any public walk, exercise or play ground, and public to levy rates for maintaining the same, and for removal of any nuisances walks, &c., and levy or obstruction to the free use and enjoyment thereof, and for improving rates for any open walk or footpath, or placing convenient seats, or shelters from maintaining rain, and for other purposes of a similar nature.

the same, &c.

act, accord

II. This act may be adopted for any borough, or for any parish having a population of five hundred or upwards (according to the last account for Adoption of the time taken by authority of parliament), in the same manner as the act ing to of the ninth and tenth Victoria, chapter seventy-four, may be adopted in 9 & 10 Vict. such borough or parish.

c. 74.

wash

III. Where the act is adopted in a borough or in such a parish, the pro- As to public visions of the act of the ninth and tenth Victoria, chapter seventy-four, for baths and the purposes below specified applicable in the like cases where that act is houses. adopted, shall take effect for the purposes of this act, viz.: all the provisions concerning

1. The authority by which and the manner in which the act is to be carried into execution;

2. The mode of providing the expenses of carrying the act into execution (excluding the provisions for borrowing money for such expenses): 3. The appointment (in the case of a parish) of commissioners, the tenure of office and proce lure, and the audit of their accounts:

4. The powers of the councils and commissioners for the purposes of the act (except the powers of borrowing money).

IV. After the adoption of this act it shall be lawful for the ratepayers Ratepayers, in meeting assembled to rate such parish to a separate rate, to be called after notice the " parish improvement rate;" provided that such rate given, to he agreed to by a majority of at least two thirds in value of the ratepayers parishes. assembled at such meeting.

rate

V. Corporate bodies shall be allowed to attend meetings to be held as Corporate aforesaid, and to vote thereat by some person to be deputed by them for bodies may that purpose under their corporate seal.

attend and vote.

(a) Se "Public Pleasure Grounds," p. 65.

23 & 24 VICT. C. 30.

VI. Provided always, that previous to any such rate being imposed a sum in amount not less than at least one-half of the estimated cost of such One half of proposed improvement shall have been raised, given, or collected by private subscription or donation.

the esti

mated cost to be raised by private subscription.

Amount of rate.

VII. Such rate shall not exceed sixpence in the pound.

23 & 24 VICT. c. 77.

23 & 24 VIOT. An Act to amend the Acts for the Removal of Nuisances and the Prevention of Diseases (a). [6th August, 1860.]

C. 77.

18 & 19 Vict. cc. 121 and

116.

Nuisances removal.

Sections 3,

WHEREAS the provisions of "The Nuisances Removal Act for England, 1855" (b), and "The Diseases Prevention Act, 1855" (c), concerning the local authority for the execution of the said acts are defective, and it is expe dient that the said acts should be amended as hereinafter mentioned: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

I. Section three, section six, section seven, and section nine of the said "Nuisances Removal Act for England, 1855," shall be repealed: provided always, that such repeal as aforesaid shall not extend to any charges or 6, 7, and 9 of expenses already incurred, but the same may be defrayed and recovered, 18 & 19 Vict. and all proceedings commenced or taken under the said act, and not yet c. 121, completed, may be proceeded with, and all contracts under the said act shall continue and be as effectual as if this act had not been passed.

repealed (b).

Local authority to execute the

nuisances

removal

act.

Highway board or nuisances removal

II. The following bodies shall respectively be the local authority to execute the said Nuisances Removal Act in the districts hereunder stated in England:

In any place within which the Public Health Act is or shall be in force, the local board of health:

In any other place wherein a council exists or shall exist, the mayor, aldermen, and burgesses by the council, except in the city of London and the liberties thereof, where the local authority shall be the com missioners of sewers for the time being, and except in the city of Oxford and borough of Cambridge, where the local authority shall be the commissioners acting in execution of the local improvement acts in force respectively in the said city and borough:

In any place in which there is no local board of health or council, and where there are or shall be trustees or commissioners under an improvement act, such trustees or commissioners:

In any place within which there is no such local board of health, council, body of trustees, or commissioners, if there be a board of guardians of the poor for such place, or for any parish or union within which such place is situate, such board of guardians, and, if there be no such board of guardians, the overseers of the poor for such place, or for the parish of which such place forms part.

III. Provided, that in any place where a highway board or "the nuisances removal committee" chosen by the vestry in pursuance of the said act is subsisting, and at the time of the passing of this act employs or joins with other local authorities in employing a sanitary inspector or inspectors, now subsist- such highway board or nuisances removal committee may continue to act, ing may be and a like committee may be annually chosen by the vestry for such place

committees

continued

(a) See "Removal of Nuisances" and "Prevention of Diseases," pp. 51 and 163.
(b) See this act, p. 419.
(c, See this act, p. 341.

C. 77.

in the same manner as if this act had not been passed; but in case in any 23 & 24 VICT. year the nuisances removal committee be not chosen for such place in manner provided by the said act, or if the highway board or committee so long as now subsisting or hereafter chosen fail for, two months in any year to they employ appoint or employ a sanitary inspector or inspectors, the authority of such sanitary highway board or committee shall cease, and no like committee shall be inspectors. chosen for such place, and the same body or persons shall thenceforth be the local authority for the place as if no such highway board or committee had been appointed therein.

IV. All charges and expenses incurred by the local authority in execut- How exing the said Nuisances Removal Act, and not recovered as therein provided, penses of shall be defrayed as follows; to wit,

local autho

rity to be

Out of general district rates where the local authority is a local board of defrayed. health:

Out of the borough fund or borough rate where the local authority is the mayor, aldermen, and burgesses by the council:

Provided always, that in the city of Oxford and borough of Cambridge such
expenses shall be deemed annual charges and expenses of cleansing the
streets of the said city and borough respectively, and shall be so pay.
able:

Out of the rates levied for purposes of improvement under any improve-
ment act, where the local authority is a body of trustees or commis-
sioners acting in execution of the powers of such an act :
Where a board of guardians for a union is such local authority for the
whole of such union, such charges and expenses shall be defrayed by
means of an addition to be made to the rate for the relief of the poor
of the parish or parishes for which the expense has been incurred, and
be raised and paid in like manner as money expended for the relief of
the poor:

Where the board of guardians for a union is such local authority for two
or more places maintaining their own poor, but not for all such places
in such union, such charges and expenses shall be paid out of the poor
rates of the places aforesaid for which the board is the local authority:
Where the board of guardians for a union is under this act the local
authority for a single place maintaining its own poor, and where the
board of guardians for any such single.place, or the overseers of any
such place, or "the nuisances removal committee" continued or
chosen as herein before provided in any such place, are under this act
the local authority for such place, such charges and expenses shall
be defrayed out of the rates for the relief of the poor thereof:
Where the board of guardians for a union is under this act the local
authority for part only of any place maintaining its own poor, together
with the whole of any other such place or part of any other such place,
such board shall apportion such charges and expenses between or
among any or every such part and any or every such place; and so
much of such charges and expenses as may be apportioned to any or
every such place for the whole of which such board is the local
authority shall be defrayed out of the rates or funds applicable to the
relief of the poor thereof:

So much of any such charges and expenses as may be apportioned to part of
a place maintaining its own poor, and any such charges and expenses in-
curred by any board of guardians or overseers, where such board or over-
seers are the local authority for part of any such place only, shall be de-
frayed by means of an addition to be made to the rate for the relief of the
poor thereof, and be raised and paid in like manner as money expended for
the relief of the poor.

V. Provided, that the board of guardians for a union may appoint a Board of committee or committees of their own body, under section five of the said guardians may appoint Nuisances Removal Act, to act in and for one or more of the parishes or committees

C. 77.

23 & 24 VICT. places for which the board is the local authority; and every committee so appointed shall have the full power of executing the said act in all respects, for particu- within the specified place or places for which it is appointed, unless its lar parishes. power be expressly limited by the terms of its appointment; and the board of guardians shall cause the charges and expenses of every such committee to be paid out of the poor rates of the place or places for which such committee is appointed; and where a committee is so appointed for any such place or places the charges and expenses of the board as local authority for or in respect of the place or places for which a committee is not appointed shall be paid or contributed by such last-mentioned place or places in like manner as the expenses of a committee: provided that where any one such committee is appointed for all the places for which the board is the local authority its charges and expenses shall be contributed and paid in like manner as the charges and expenses of the board would have been contributed and paid if such committee had not been appointed.

Saving for the vestries

and district boards of

the metropolis.

Wells, &c., belonging to any place vested in local authority, &c.

Penalty for fouling water.

Appoint

ment of

nuisances,

Diseases prevention.

VI. Provided also, that as regards the metropolis, the vestries and district boards under the act of the session holden in the eighteenth and nineteenth years of her Majesty, chapter one hundred and twenty, within their respective parishes and districts, shall continue and be the local authorities for the execution of the said Nuisances Removal Act, and their charges and expenses shall be defrayed as if this act had not been passed.

VII. All wells, fountains, and pumps provided under section fifty of "The Public Health Act, 1848'(a), or otherwise, for the use of the inbabitants of any place, and not being the property of or vested in any person or corporation other than officers of such place, shall be vested in the local authority under this act for such place, who shall from time to time cause to be kept in good repair and condition and free from pollution all wells, fountains, and pumps vested in them under this act, and may also keep in good repair and condition and free from pollution other wells, fountains, and pumps dedicated to or open to the use of the inhabitants of such place.

VIII. If any person do any act whatsoever whereby any fountain or pump is wilfully or maliciously damaged, or the water of any well, fountain, or pump is polluted or fouled, he shall, upon summary conviction of such offence before two justices, forfeit a sum not exceeding five pounds for such offence, and a further sum not exceeding twenty shillings for every day during which such offence is continued after written notice from the local authority in relation thereto; but nothing herein contained shall extend to any offence provided against by section twenty-three of the said "Nuisances Removal Act."

IX. Local authorities under this act may, for the purposes of the act, inspector of severally appoint or employ inspectors of nuisances, and make such payments as they see fit for the remuneration and expenses of such inspectors. X. Sections two and three of "The Diseases Prevention Act, 1855" (b), and every other enactment constituting a local authority for the execution of the same act, or providing for the expenses of the execution thereof, except those contained in the eighteenth and nineteenth of Victoria, chapter one hundred and twenty (c), the Metropolis Local Management Act, shall be repealed.

Sections 2 and 3 of

18 & 19 Vict.

c. 116 repealed.

Guardians

and over

XI. The board of guardians for every union, or parish not within an union, in England shall be the local authority for executing the said seers of the Diseases Prevention Act in every place within their respective unions and parishes, and in every parish and place in England not within a union, and for which there is no board of guardians, the overseers of the poor shall be the local authority to execute the same act; and the expenses incurred in

poor to be the local authorities

for execut

(a) See this section, p. 266.

(b) See 18 & 19 Viet. c. 116, p. 541. (c) See 18 & 19 Vict. c. 120, p. 343.

C. 77.

the execution of such act by the board of guardians for a union shall be de- 23 & 24 VICT. frayed out of the common fund thereof, and the expenses of the board of guardians or overseers of the poor of any single parish or place shall be ing Diseases defrayed out of the rates for the relief of the poor of such parish or place; Prevention provided that every such board of guardians shall for the execution of the Act. said act for the prevention of disenses, have the like powers of appointing committees, with the like authority, and where any such committee is appointed the expenses thereof and of the board shall be paid in the same manner, as herein before provided where such a board is the local authority for the execution of the said Nuisances Removal Act; provided also, that any expenses already incurred by any local authority in the execution of the said act shall be defrayed as if this act had not been passed; provided, moreover, that in respect of any place where, under this act, the local authority for executing the Nuisances Removal Act is any other body than the board of guardians or the overseers of the poor, the privy council, if it see fit, may, in the manner provided for the exercise of its powers under the Public Health Act, 1858, authorise such other body to be, instead of the board of guardians or the overseers of the poor, the local authority for executing the Diseases Prevention Act; provided also, that as regards the metropolis the vestries and district boards under the act of the session holden in the eighteenth and nineteenth years of her Majesty, chapter one hundred and twenty, within their respective parishes and districts, shall continue to be the local authorities for the execution of the said "Diseases Prevention Act, 1855," and their charges and expenses shall be defrayed as if this act had not been passed.

thorities

fected
sons.

tion of

per

order the removal of

nuisances.

XII. It shall be lawful for the local authority for executing the said Local au"D.seases Prevention Act" to provide and maintain a carriage or carriages may provide suitable for the conveyance of persons suffering under any contagious or in- carriages fectious disease, and to convey such sick and diseased persons as may be for conveyresiding within such locality to any hospital or other place of destination, ance of inand the expense thereof shall be deemed to be an expense incurred in executing the said act. XIII. Upon complaint before a justice of the peace by any inhabitant of Justices on any parish or place of the existence of any nuisance on any private premises the applicain the same parish or place, such justice shall issue a summons requiring householdthe person by whose act, default, permission, or sufferance the nuisance ers, may arises, or if such person cannot be found or ascertained, the owner or occupier of the premises on which the nuisance arises, to appear before two justices in petty sessions assembled at their usual place of meeting, who shall proceed to inquire into the said complaint, and act in relation thereto as in cases where complaint is made by a local authority under section twelve of the said Nuisances Removal Act, and as if the person making the complaint were such local authority: provided always, that it shall be lawful for the said justices, if they see fit, to adjourn the hearing or further hearing of such summons for an examination of the premises where the nuisance is alleged to exist, and to require the admission or authorise the entry into such premises of any constable or other person or persons, and thereupon the person or persons anthorised by the order of the justices may enter and act as the local authority might under a like order made by any justice under section eleven of the said act: provided also, that the costs in the case of every such application shall be in the discretion of the justices, and payment thereof may be ordered and enforced as in other cases of summary adjudication by justices: any order made by justices under this enactment shall be attended with the like penalties and consequences for disobedience thereof and subject to the like appeal as any order made under section twelve of the said Nuisances Removal Act, and the justices making such order may thereby authorise any constable or other person or persons to do all acts for removing or abating the nuisance condemned or prohibited, and for executing such order, in like manner as a local

« ZurückWeiter »