within the Limits of the special Act, of each of the Commissioners Also the Section numbered 48 in the said Act. (Secs. 17.18) Meetings. XLVIII. At all Meetings of the Commissioners they shall defray Expences of their own Expences, except what may be incurred for the Use of the Room in which the Meeting is held, and for Books, Stationery, and Fire. ings. And with respect to the general Proceedings of the Commis- General Proceedsioners, be it enacted, XVIII. That the following Sections of the "Commissioners Sections 49 to 55 Clauses Act, 1847," shall be incorporated with this Act: of 10 & 11 Vict. c. 16 incorporated with this Act. The Section numbered 49 in the said Act: missioners to ap XLIX. The Commissioners may at any Meeting from Time to Time Power to Comappoint Committees for any Purposes which in the Opinion of the point Committees Commissioners would be better regulated and managed by means of such Committee, and they may fix the Quorum of any such Committee, and may continue, alter, or discontinue such Committee. Also the Section numbered 50 in the said Act: mittee. L. Every Committee so appointed may meet from Time to Time, and Quorum of Commay adjourn from Place to Place, as they may think proper, for carrying into effect the Purposes of their Appointment; but no Business shall be transacted at any Meeting of the Committee unless the Quorum of Members, if any, fixed by the Commissioners, and if no Quorum be fixed Three Members, be present, and at all Meetings of the Committee One of the Members present shall be appointed Chairman, and all Questions shall be determined by a Majority of the Votes of the Members present, and in case of an equal Division of Votes the Chairman shall have a casting Vote in addition to his Vote as a Member of the Committee. Power of Committees. But the Acts of every Committee appointed by the Commis- Limit to the sioners shall be approved by the Commissioners before the same are deemed valid; and no such Acts shall extend to the Payment of or Engagement to pay Money, except to an Amount to be limited by Resolution of the Commissioners, and in no Case to exceed the Sum of Twenty Pounds: Provided always, that any sance Commit tees. Sic. for 1848. (Section 18.) Powers of Nui- Committee appointed for the Removal of Nuisances, or the Prevention of contagious or epidemic Diseases, may receive Notices and make Complaints under the "Nuisances Removal and Diseases Prevention Act, (a.) 1849,"* or any Public Act of Parliament passed or to be passed for the like Purpose, and may proceed upon such Notices or Complaints pursuant to the Powers of any such Act, without further Authority from the Commissioners than is conferred by the Appointment of such Committee: Acts of the Commissioners not to be invalidated by reason of Vacancies. Also the Section numbered 51 in the said Act: LI. No Proceeding of the Commissioners or of any Committee shall be invalidated or be illegal in consequence only of there being any Vacancy in the Number of Commissioners at the Time of such Proceeding. Also the Section numbered 52 in the said Act: (a.) "The Nuisances Removal and Diseases Prevention Act, 1848," and "The Nuisances Removal and Diseases Prevention Amendment Act, 1849," not being incorporated are inserted at length in the Appendix, No. 3 post. By the first section of the Removal of Nuisances Act, 1848, the Town authorities on a notice from two inhabitant householders of the filthy, offensive, or unwholesome state of dwellings, buildings, ditches, styes, &c., accumulations of manure, &c.; are bound to enter and examine the premises, &c., and if the notice of the state of the premises &c. be found correct, or a certificate of two medical practitioners to the like effect be obtained, the authorities must complain to a Justice, who is ordered to summon the owner or occupier before two Justices, who, on proof of the cause of complaint, &c., are bound to make an order for the purification or abatement of the nuisance, which if not obeyed subjects the offender to a penalty of 10s. a day during his default; and the authorities must abate the nuisance, &c. Section 2 relates to Scotland; sections 3 and 4 relate to the recovery of the expenses of such proceedings; section 5 directs that none of the preceeding provisions shall apply to any "district, parish, or place in which the Public Health Act, 1848, or any part thereof shall be in force," except as the General Board, or a Secretary of State shall otherwise direct. This provision, but for section 18 of the Local Act would have excluded Cheltenham. It might have been advisable to have made it compulsory not permissive on the Committee to proceed. Section 6 compels Surveyors, &c. of Highways, under the Highway Act, to cleanse the ditches, watercourses, &c. along the Highways (but see note to section 117 of the Public Health Act, incorporated by section 56 post.) Section 7 prohibits drainage into open ditches, &c., from new houses, &c. Section 8 requires the consent of the General Board to the building, &c. of any Hospital for patients with infectious diseases. The act then proceeds to authorise the issuing of orders in council for six months, applying to all places whatever, authorising the provisions therein contained for purification and ventilation of every kind, whether as respects houses, buildings, filth, &c., interments, cleansing highways, &c, to be carried out by the General Board of Health. The Poor Law Commissioners may order Guardians to carry out the provisions of such General Board. The Nuisances Removal amendment Act of 1849, confers additional powers on the General Board of Health for getting up evidence, enforcing obedience to regulations, &c. and for enabling Guardians, Paving Authorities, &c., to direct prosecutions, &c. for offences against their regulations, &c.; and compelling Guardians, &c. on the certificate of a medical or relieving officer, stating the existence of any cause of complaint in sections 1 or 2 of the act of 1848, to take the proceedings mentioned in such act and the act provides for the expenses. The remainder of the act gives most extensive powers to the General Board to make enquiries, and take measures of precaution, as to regulating or closing places of Interment, and providing new ones. But the 96th and 7 following sections of the Local Act post, make full provision for regulating burials, preventing danger to health, &c., and closing places of interment; and the 104th and 5 following sections post, provide for making and regulating new cemeteries, &c. (Section 18) Informalities in Commissioners Proceedings. LII. All Proceedings of the Commissioners, or of a Committee of Commissioners, or of any Person acting as a Commissioner, shall, Appointment of notwithstanding it be afterwards discovered that there was some not to invalidate Defect in the Appointment of any such Commissioners or Persons acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such Person had been duly appointed and was qualified to be a Commissioner. And the said Section shall extend to cure Defects in Proceed- Or Officers. ings by reason of Informalities in the Appointment of any Person acting under the Authority of the Commissioners : And the Section numbered 53 in the said Act: may provide LIII. The Commissioners may from Time to Time provide and Commissioners maintain fit and convenient public Offices, together with all neces- public Offices, &c. sary and proper Furniture for the same, for holding the Meetings and transacting the Business of the Commissioners, and for the Use of their Officers, and for the holding of such public Meetings and transacting such public Business relating to the Town as the Commissioners shall, from Time to Time, under the Powers of this or the special Act, or any Act incorporated therewith, direct or allow to be held or transacted therein, and for such Purpose may purchase or hire any Lands or Buildings which the Commissioners think necessary from any Person willing to sell or let the same, or may cause any new Building to be erected upon any Land purchased or hired under the Provisions of this or the special Act, or otherwise belonging to the Commissioners. Buildings, And the said Section shall extend to enable the Commissioners Yards and to provide Yards and Buildings for keeping the Stores, Implements, and Materials of the Commissioners: Also the Section numbered 54 in the said Act: Attendance at their Office to LIV. The Commissioners shall require their Clerk, or some Person Commissioners duly authorized by them in that Behalf, to attend to their Office to provide daily daily, Sundays, Christmas Days, and Good Fridays, and Days receive Notices, appointed for General Fasts or Thanksgivings only excepted, for &c. the Purpose of receiving Notices, and transacting the ordinary Business of the Commissioners, and due Notice of the Situation of the Office of the Commissioners, and of the Hours during which Attendance is given there, shall be published by the Commissioners within the Limits of the special Act, in such Manner that the same may be fully and generally known. Also the Section numbered 55 in the said Act. (Sections 18, 19, 20.) Poceeedings to be entered in a Book and, when signed, shall be received in Evidence. Such Books to be open to Inspection. Book for complaints : Surveyor to enquire and report thereon: Open for Liabilities and LV. The Commissioners shall cause Entries of all the Proceedings of the Commissioners, and of every Committee appointed by them, with the Names of the Commissioners who shall attend each Meeting, to be duly made from Time to Time in Books to be provided for the Purpose, which shall be kept by the Clerk under the Superintendence of the Commissioners, and every such Entry shall be signed by the Chairman of the Meeting at which the Proceeding took place, and such Entry so signed shall be received as Evidence in all Courts, and before all Judges, Justices, and others, without Proof of such Meeting having been duly convened or held, or of the Persons attending such Meeting having been or being Commissioners or Members of Committees respectively, or of the Signature of the Chairman, or of the Fact of his having been Chairman, all of which last-mentioned Matters shall be presumed until the contrary is proved; and such Books shall at all reasonable Times be open to the Inspection of any of the Commissioners, and of any Mortgagee of the Rates or Property of the Commissioners. XIX. That the Commissioners shall, at their Office, during all Days of Business, keep open a Book, in which shall be entered the reasonable Complaints made orally or by Letter by any Inhabitant or any Owner or Occupier of Premises within the Borough, of any Matter cognizable by the Commissioners; and the Surveyor or other proper Officer of the Commissioners shall forthwith inquire into the Truth of all such Complaints, and report thereon to the Commissioners Clerk, and such Report shall be entered in the said Book, and a proper Reference be thereon made from the Complaint to the Report; and such Book shall be open, at all reasonable Times, to any Inhabitant or Owner or Occupier of Premises within the Borough. And with respect to the Liabilities and Protection of the legal Proceedings Commissioners and their Officers, and legal Proceedings by and against them, be it enacted, Sections 138, 139, XX. That the following Sections of "The Public Health Act, of 11 & 12 Vict.' 1848," shall be incorporated with this Act: 140, 148, and 150, c. 63, incorpo rated with this Act. Legal Proceedings by or against Commissioners. The Section numbered 138 of the said Act: CXXXVIII. And be it enacted, That the Local Board (a.) of Health of any Noncorporate District (a.) may sue and be sued in the Name of the Clerk for the Time being for or concerning any Contract, Matter, or Thing whatsoever relating to any Property, Works, or Things vested or to become vested in them by reason of the Pro (a.) See the Interpretration of these Terms. Section 3, page 6 ante. (Section 20.) Name of Clerk. Mode of describ Commissioners. visions of this Act, or relating to any Matter or Thing whatsoever entered into or done, or intended to be entered into or done, by them, under the Provisions of this Act; and in any Action of Ejectment brought or prosecuted by such Local Board it shall be sufficient to lay the Demise in the Name of the said Clerk; Actions, &c. in and in Proceedings by or on the Part of such Local Board against any Person for stealing or wilfully injuring or otherwise improperly dealing with any Property, Works, or Things belonging to ing Property of them or under their Management, it shall be sufficient to state generally that the Property or Thing in respect of which the Proceeding is instituted is the Property of the said Clerk, and all legal Proceedings by, on the Part of, or against such Local Board, under this Act may be preferred, instituted, and carried on in his Name; and no Proceedings whatever shall abate or be discon- Actions, &c. not tinued by the Death, Resignation, or Removal of the Clerk, or by reason of any Change or Vacancy in such Local Board by Death, Resignation, or otherwise: Provided always, that the Clerk in whose Name any such Action or Suit, Complaint, Information, or Proceeding, may be brought, preferred, instituted, or defended as aforesaid, shall be fully reimbursed, out of the General District Clerk to be reimbursed Expenses. Rates to be levied under this Act, all such Costs, Charges, Damages, and Expenses as he shall or may be or become liable to pay, sustain, or be put unto by reason of his Name being so used. Also the Section numbered 139 of the same Act: to abate. CXXXIX. And be it enacted, That no Writ or Process shall be sued Notice of Action. out against or served upon any Superintending Inspector, or any Officer or Person acting in his Aid, or under the Direction of the General Board of Health, nor against the Local Board of Health, or any Member thereof, or the Officer of Health, Clerk, Surveyor, Inspector of Nuisances, or other Officer or Person whomsoever acting under the Direction of the said Local Board, for anything done or intended to be done under the Provisions of this Act, until the Expiration of One Month next after Notice in Writing shall have been delivered to him, or left at their or his Office or usual Place of Abode, clearly and explicitly stating the Cause of Action, and the Name and Place of Abode of the intended Plaintiff, and of his Attorney or Agent in the Cause; and upon the Trial of any such Action the Plaintiff shall not be permitted to go into Evidence of any Cause of Action which is not stated in the last-mentioned Notice; and unless such Notice be proved the Notice to be Jury shall find for the Defendant; and every such Action shall be Limitation of brought or commenced within Six Months next after the Accrual of the Cause of Action, and not afterwards, and shall be laid and Venue. tried in the County or Place where the Cause of Action occurred, proved at Trial. Actions. |