APPENDIX I. B. THE PUBLIC HEALTH ACT, 1875. The portions of the Public Health Act, 1875, which are incorporated in the (38 & 39 VICT. c. 55.) An Act for consolidating and amending the Acts relating to Public Health in England. as to purchase 176. With respect to the purchase of lands by a local authority for Regulations the purposes of this Act, the following regulations shall be observed; (that is to say) 2 of land (1.) The Lands Clauses Consolidation Acts 1845, 1860, and 1869, 1888, 65 (2)). shall be incorporated with this Act, except the provisions relating to access to the special Act, and except section one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845:3 (2.) The local authority, before putting in force any of the powers Publish once at the least in each of three consecutive weeks in Serve a notice in the month of December on every owner or (3.) On compliance with the provisions of this section with respect This must now be construed as a reference to the L. G. A., 1888: see sec. 65 (2) of that Act, ante. 2 The Acts here referred to are the 8 & 9 Vict. c. 18, the 23 & 24 Vict. c. 106, and the 32 & 33 Vict. c. 18. The Act of 1845 has since been amended by the Lands Clauses (Umpires) Act, 1883 (46 & 47 Vict. c. 15). 3 Sec. 127 of the Lands Clauses Consolidation Act, 1845, provided that surplus lands were to be sold within ten years after the expiration of the time limited for the completion of the works, or in default were to vest in the owners of adjoining lands. Sect. 176. Power to let lands. (L. G. A., 1888, sec. 65 (2).) Provision for lands belonging to the Duchy of Lancaster. (L. G. A., 1888, sec. 65 (2).) required, and the names of the owners, lessees, and occupiers of lands who have assented, dissented, or are neuter in respect of the taking such lands, or who have returned no answer to the notice; it shall pray that the local authority may, with reference to such lands, be allowed to put in force the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Local Government Board requires: (4.) On the receipt of such petition and on due proof of the proper advertisements having been published and notices served, the Local Government Board shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety of assenting to the prayer of such petition; but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof: (5.) After the completion of such inquiry the Local Government Board may, by provisional order,2 empower the local authority to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served: Provided that the notices by this section required to be given in the months of November and December may be given in the months of September and October or of October and November, but in either of such last-mentioned cases an inquiry preliminary to the provisional order to which such notices refer shall not be held until the expiration of one month from the last day of the second of the two months in which the notices are given; and any notices or orders by this section required to be served on a number of persons having any right in, over, or in lands in common, may be served on any three or more of such persons on behalf of all such persons. 177. Any local authority may, with the consent of the Local Government Board, let for any term any lands which they may possess, as and when they can conveniently spare the same.3 178. The Chancellor and Council of the Duchy of Lancaster for the time being may, if they think fit, (but subject and without prejudice to the rights of any lessee, tenant, or occupier,) from time to time, contract with any local authority for the sale of, and may (subject as aforesaid), absolutely sell and dispose of, for such sum as to the said Chancellor and Council may appear sufficient consideration, the whole or any part of any lands belonging to Her Majesty, her heirs or successors, in right of the said duchy, or any right, As to local inquiries, see secs. 293 to 296 of the Public Health Act, 1875, post, and L. G. A., 1888, sec. 87, ante. 2 As to provisional orders, see secs. 297 and 298 of the P. H. Act, 1875, post, and L. G. A., 1888, sec. 87, ante. 3 Power to sell lands is conferred upon the county council by sec. 64 (3) of the L. G. A., 1888, ante. The expression land includes buildings: see 13 & 14 Vict. c. 21, sec. 4. interest, or easement in, through, over, or on any such lands, which, Sect. 178. for the purposes of this Act, such local authority from time to time deem it expedient to purchase; and on payment of the purchasemoney, as provided by the Duchy of Lancaster Lands Act, 1855,1 the said Chancellor and Council may grant and assure to the said authority, under the seal of the said duchy, in the name of Her Majesty, her heirs or successors, the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855. of 5 & 6 187. Bye-laws made by the council of any borough under the pro- Bye-laws made visions of section 90 of 5 & 6 Wm. 4, c. 76,2 for the prevention and under sec. 90 suppression of certain nuisances, shall not be required to be sent to a Wm. 4, c. 76, Secretary of State, nor shall they be subject to the disallowance in to be subthat section mentioned; but all the provisions of this Act relating to mitted to bye-laws shall apply to the bye-laws so made as if they were made Local Governunder this Act.3 ment Board. (L. G. A., 1888, 191. A person shall not be appointed medical officer of health sec. 16.) under this Act unless he is a legally qualified medical practitioner; As to medical and the Local Government Board shall have the same powers as it officer of has in the case of a district medical officer of a union with regard to health, &c. the qualification, appointment, duties, salary, and tenure of office of a (L. G. A., 1888, medical officer of health or other officer of a local authority any sec. 88 (c).) portion of whose salary is paid out of moneys voted by Parliament,1 and may, by order, prescribe the qualification and duties of other medical officers of health appointed under this Act.5 The same person may, with the sanction of the Local Government Board, be appointed medical officer of health or inspector of nuisances for two or more districts, by the local authorities of such districts; and the Local Government Board shall, by order, prescribe the mode of such appointment, and the proportions in which the expenses of such appointment and the salary and charges of such officer shall be borne by such authorities. Any district medical officer of a union may, with the sanction of the Local Government Board, and subject to such conditions as the said Board may prescribe, be appointed a medical officer of health; and a medical officer of health may exercise any of the powers with which an inspector of nuisances is invested by this Act. In case of illness or incapacity of the medical officer of health a local authority may appoint and pay a deputy medical officer, subject to the approval of the Local Government Board. 247. Where an urban authority are not the council of a borough Audit where urban authority are not a 1 The Duchy of Lancaster Lands Act, 1855, provides (sec. 2) that the purchase- town council. moneys for lands sold by the Chancellor and Council under the authority of the Act (L. G. A., 1888, shall be paid to the Receiver-General of the Duchy or to his deputy. sec. 71 (3).) 2 This section must now be read as if sec. 23 of the Municipal Corporations Act, 1882, were referred to instead of sec. 90 of the Municipal Corporations Act, 1835: see M. C. A., 1882, sec. 23 (6), ante. By sec. 184 of the Public Health Act, 1875, bye-laws made by a local authority under the Act are not to take effect until they have been confirmed by the Local Government Board. The reference in this section to officers, any portion of whose salary is paid out of moneys provided by Parliament, is to be construed to refer to those officers in respect of whose salaries payment is made by the county council, pursuant to sec. 24 of the Local Government Act: see L. G. A., 1888, sec. 24 (3), ante. The qualification of medical officers must in future be that prescribed by the L. G. A., sec. 18, which see, and notes thereto as to position of medical officer in London. Sect. 247. the following regulations with respect to audit shall be observed;1 (namely), (1.) The accounts of the receipts and expenditure under this Act of such authority shall be audited and examined once in every year, as soon as can be after the twenty-fifth day of March, by the auditor of accounts relating to the relief of the poor.2 (3.) Before each audit such authority shall, after receiving from (5.) For the purpose of any audit under this Act, every auditor 1 This section is to apply to the accounts of the county council in like manner as it applies to the accounts of an urban authority, and as if it had been re-enacted in the L. G. A., 1888. The method of audit herein prescribed will therefore be adopted as to the accounts of the London Council in preference to the Treasury audit of the accounts of the Metropolitan Board of Works, which will henceforth cease. 2 These are the district auditors appointed by the Local Government Board under sec. 4 of the District Auditors Act, 1879 (42 Vict. c. 6), post. As to the financial year, see L. G. A., 1888, sec. 73. The rest of this sub-sec. and the whole of sub-sec. 2 are repealed by sec. 11 of the District Auditors Act, 1879. By sec. 5 of the District Auditors Act, 1879, the Local Government Board are empowered to make regulations respecting the mode of publishing the time and place of holding the audit. 1 not exceeding 408.; and if he falsely or corruptly makes or Sect. 247. signs any such declaration, knowing the same to be untrue in any material particular, he shall be liable to the penalties inflicted on persons guilty of wilful and corrupt perjury: (6.) Any ratepayer or owner of property in the district may be present at the audit, and may make any objection to such accounts before the auditor; and such ratepayers and owners shall have the same right of appeal against allowances by an auditor as they have by law against disallowances: (7.) Any auditor acting in pursuance of this section shall disallow every item of account contrary to law,2 and surcharge the same on the person making or authorising the making of the illegal payment, and shall charge against any person accounting the amount of any deficiency or loss incurred by the negligence or misconduct of that person, or of any sum which ought to have been but is not brought into account by that person, and shall in every such case certify the amount due from such person, and on application by any party aggrieved, shall state in writing the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made : (8.) Any person aggrieved by disallowance made may apply to the Court of Queen's Bench for a writ of certiorari to remove the disallowance into the said Court, in the same manner and subject to the same conditions as are provided in the case of disallowances by auditors under the laws for the time being in force with regard to the relief of the poor; and the said Court shall have the same powers with respect to allowances, disallowances, and surcharges under this Act as it has with respect to disallowances or allowances by the said auditors3; or in lieu of such application, any person so aggrieved may appeal to the Local Government Board, which Board shall have the same powers in the case of the appeal as it possesses in the case of appeals against allowances, disallowances, and surcharges by the said poor law auditors : 4 (9.) Every sum certified to be due from any person by an auditor under this Act shall be paid by such person to the treasurer of such authority within fourteen days after the same has been so certified, unless there is an appeal against the decision; and if such sum is not so paid, and there is no such appeal, the auditor shall recover the same from the person against whom the same has been certified to be due by the like process and with the like powers as in the case of sums As to the right of appeal against disallowances, see sub-sec. 8 of this section, post. 2 By sec. 3 of the Local Authorities (Expenses) Act, 1887 (50 & 51 Vict. c. 72), it was provided that expenses paid by any local authority whose accounts are subject to audit by a district auditor shall not be disallowed by that auditor if they have been sanctioned by the Local Government Board. 3 As to the conditions upon which the Court will allow a writ of certiorari to issue in the case of disallowances by auditors under the poor laws, and the powers of the Court with respect to disallowances or allowances by such auditors, see 7 & 8 Vict. c. 101, s. 35. See 7 & 8 Vict. c. 101, s. 36; 11 & 12 Vict. c. 91, s. 4; 29 & 30 Vict. c. 113, 8. 5. |