THE LOCAL GOVERNMENT ACT, 1858. 21 & 22 VICT. CAP. 98. AN ACT TO AMEND THE PUBLIC HEALTH ACT, [2ND AUGUST, 1858.] "WHEREAS it is expedient to amend the Public "Health Act, 1848, and to make further provisions "for the local government of towns and populous "districts in England:" 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; that is to say, I. This Act may be cited for all purposes as Local Government Act, 1858." II. (a) The word "borough," or corporate Interpretaborough," when used in this Act, or in any Act tion of terms. (a) Similar definitions were given in 11 & 12 Vict. c. 63, s. 2, and in 12 & 13 Vict. c. 94, s. 10, ante, p. 32. conferring powers of a public nature on the corporate bodies of boroughs by their council (b), shall include all cities, ports, cinque ports, or corporate towns mentioned in the schedules to the Act passed in the sixth year of the reign of King William the 5 & 6 Will. 4, Fourth, intituled " An Act to provide for the Regulation of Municipal Corporations in England and Wales, and all Boroughs incorporated by Charter granted or to be granted in pursuance of that or any subsequent Act." c. 76. Limits of Act. III. This Act shall not extend to Scotland or Ireland, and it shall not be adopted by any place within the limits of the metropolis as defined for the purposes of the Act of the session holden in the eighteenth and nineteenth years of her present 18 & 19 Vict. Majesty, intituled "An Act for the better Local Management of the Metropolis" (c). c. 20. Provisions of IV. This Act shall be construed together with, this Act and 11 & 12 Vict. and be deemed to form part of the Public Health construed to- Act, 1848: c. 63, to be gether. Words used in this Act shall be interpreted in (b) Note the extreme generality of these words, which do not occur in the other interpretations of the word borough. It appears that the most unusual course has been adopted of interpreting a word in other Acts of parliament which is also used in this. Whether the courts will give a universal application to these words, or confine the clause to other statutes in pari materia, will be a question for the future. But a limited application is more in accordance with ordinary judicial construction. Mr. Taylor, in his edition of this statute, refers to an Act, 18 & 19 Vict. c. 70, which contained an omission so as to raise a doubt as to its application to cities, and he considers that this omission will be supplied by this interpretation. Such a construction may be useful in that instance, but it may prove that the general construction will lead to inconvenience in other instances. (c) See the limitation of 11 & 12 Vict. c. 63, in sect. 1, ante, the sense assigned to them in the said Public Health Act (d): Byelaws framed under this Act shall be subject to confirmation, enforced, and dealt with in all other respects as byelaws under the said Public Health Act (e); And the provisions of each of the said Acts shall, so far as may be consistent with the provisions of this Act, respectively be applicable to all matters and things arising under the other Act. which this effect. V. This Act shall take effect (ƒ) from the first Period at day of September, 1858, in places where the Public Act to take Health Act, 1848, is already in force, wholly or partially: qualification Provided always, that nothing in this Act shall Not to affect affect the qualification (g) and number of the p. 28. The analogous Act for Scotland is 13 & 14 Vict. c. 33, and for Ireland 17 & 18 Vict. c. 103. The limits of the metropolis are defined by 18 & 19 Vict. c. 120, which, however, excludes the city of London. That is excluded from the operation of the 11 & 12 Vict. c. 63, s. 1, and apparently from this Act, inasmuch as the city is certainly within the limits of the metropolis. (d) See 11 & 12 Vict. c. 63, s. 2, ante, p. 28. See also the interpretations in the several incorporated Acts set out in the Appendix. (e) For the confirmation of byelaws refer to 11 & 12 Vict. c. 63, s. 115, ante, p. 170, and for the enforcing thereof to sect. 129, ante, p. 182. (ƒ) These words will require much caution in their application as regards districts formed under the Public Health Act of 1848. There will be no difficulty in a general application of the new provisions, but where that Act is only partially in force, serious confusion may arise by the incorporation of the whole of them; there is, indeed, a certain saving in the latter part of this clause, but that would not be found to be a complete protection. (g) Note, that as regards local boards of health under 11 & 12 Vict. c. 63, nothing is here reserved except the qualification and number of the members. or powers of local boards. Powers, &c. of local members of local boards of health in such places, 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 said Public Health Act. VI. Local boards under this Act shall, subject to boards under this Act, have all the powers, rights, duties, and be the same liabilities of local boards of health constituted under 11 & under the Public Health Act, 1848, and the Acts this Act to 12 Vict. c. 63, &c. Construction of terms, for incorporated therewith. VII. In the construction, for the purposes of this portions of Act, of the Acts hereinafter incorporated (c), the in Acts expression" the Special Act" shall mean "the corporated. Public Health Act, 1848, as brought into operation this Act, &c., hereafter in within the district, and this Act;" the "limits of the Special Act" shall mean the "limits of the district;""the passing of the Special Act" shall mean the date of the coming in force of this Act, or, in the case of districts under the Public Health Act, 1848, the 1st day of September, 1858; and "the local board" shall, according to the tenor of the incorporated Act, be deemed to be "the promoters of the undertaking," "town commissioners," commissioners, or "undertakers;" and all penalties incurred under the incorporated Acts shall be recovered in the same way as penalties incurred under the Public Health Act, 1848 (d), and be (c) See ss. 35, 44, 45, 50, 75. The words thus defined will be found in the model Acts referred to. (d) See ss. 129, 133, ante, pp. 184, 188. applied in aid of the purposes of that Act and this Act (e). relation to Public Health Act requiring sanction of general VIII. Whenever the sanction, consent, direction, Provision in or approval of the general board of health is re- exercise of quired by law to the exercise of the powers of local powers under boards of health or boards of improvement commissioners, such powers may, from the 1st day of September, 1858, be exercised without such sanction, board of consent, direction, or approval, or any sanction, consent, direction, or approval in lieu thereof, except in so far as is provided by this Act: Provided always, that all sanctions for the mortgage of rates given by the general board of health (f) before the passing of this Act shall continue in full force and effect until all monies the borrowing of which is thereby sanctioned have been borrowed. health. contracts, or made under any IX. All proceedings, contracts, matters, and Proceedings, things respectively begun or made under any sec- &c. begun tion of "The Public Health Act, 1848," repealed by this Act (g), may respectively be proceeded with and enforced as if no such repeal had taken place; And all powers exercised or byelaws made under any such section shall continue in force until the ceeded with, section of this Act may be pro (e) See 11 & 12 Vict. c. 63, 133, ad fin., ante, p. 188, and sect. 67, post, as to the application of penalties. (f) This refers to sect. 119, ante, p. 174, and of course applies to cases of loans not yet completed. Where the loans have been completed with the sanction of the general board of health, this clause will in no respect apply. (g) Namely, ss. 53, 55, 56, 61, 62, 72, 84, 86, 88, 95, 107, 113, 119, 122, 141, 145. |