MANUAL OF PUBLIC HEALTH FOR IRELAND. CHAPTER I. THE PUBLIC HEALTH (IRELAND) ACT, 1874. Sanitary Acts relating to Ireland previously to 1866. The Sanitary Act, 1866. Public Health Act, 1874-Sanitary Districts and Authorities-Expenses-Union of Districts-Repeal of Local Acts-Rights of Sanitary Authorities with respect to Land-Borrowing and RatingAmendments of Sanitary Acts-Miscellaneous Provisions-Legal Proceedings. AT the time of the passing of the Sanitary Act, 1866, there were two distinct sets of Sanitary Authorities in Ireland-the one acting under the Local Boards of Health Act (58 Geo. III., cap. 47), and the Officers of Health Act (59 Geo. III., cap. 41); the other, under the Nuisances Removal and Diseases Prevention Acts, 1848-49 (11 & 12 Vict., cap. 123, and 12 & 13 Vict., cap. 111). The Vice-President of the Local Government Board, in his evidence before the Sanitary Commission (1869), observes that "these Acts were almost inoperative; the want of clearness as to the authority, the jurisdiction, and the responsibility being so great, that nothing was done under them." The Sanitary Act, 1866, began a new state of things in Ireland. It expressly repealed the four statutes already referred to, and in their place extended to Ireland "the latest improved legislation for the prevention of disease, and the removal of nuisances." B The authorities constituted by the Act were as follows:1. In Cities and Towns Corporate-The Corporation. 2. In Towns and Townships-The "Town," "Township," "Lighting and Cleansing," or "Municipal Commissioners," as the case might be. 3. In such part of each Union as was not under another Sewer or Nuisance Authority-The Poor Law Guardians. These various bodies were entrusted with the double functions of Sewer Authorities under the Sewage Utilization Act, 1865, and of Nuisance Authorities under the Nuisance Removal Acts. Thus, for ordinary purposes of sanitary administration, every part of Ireland was placed under some single and known jurisdiction." The Boards of Guardians were in every case constituted the "Local Authorities" for executing the provisions of the Diseases Prevention Act, when in force. With regard to certain matters, the Lord Lieutenant, the Privy Council, the Chief Secretary to the Lord Lieutenant, and the Poor Law Commissioners for Ireland, were given powers of control over the action of the local bodies. In 1872 these powers were transferred to the Local Government Board for Ireland, by the 35 & 36 Vict., c. 69. The Public Health (Ireland) Act, 1874, has largely increased the powers of the Board as Controlling Sanitary Authority, and has effected several important changes in the constitution and powers of the local authorities. In a circular, recently issued by the Local Government Board, the following are stated to be the principal changes introduced by the Act: - "1. A better arrangement of the Sanitary Districts and Sanitary Authorities by the Act itself. "2. A power given to the Local Government Board to organise the machinery for the administration of the Sanitary Law within each Sanitary District, and to exercise a control over its management, which previously it could not exercise, even in relation to Boards of Guardians, far less in relation to the various municipalities. "3. A power given to the Sanitary Board, subject to the consent of the Local Government Board, to remunerate Local Officers for additional obligations cast upon them under the Sanitary Law, and to determine the emoluments of any new Officers whom it may be found necessary to appoint; additional expenses, so incurred, to be borne (probably to the extent of one-half, as in England,) by the Imperial Exchequer." The principal provisions of the Act will be noticed in detail. A.-PROVISIONS RELATING TO URBAN AND RURAL SANITARY DISTRICTS AND AUTHORITIES. The Act, following the precedent of The Public Health Act, 1872, for England, has divided Ireland into Urban and Rural "Sanitary Districts," governed respectively by Urban and Rural "Sanitary Authorities." (Sec. 2.) SANITARY DISTRICTS.—The Sanitary Districts are the same as the Sewer and the Nuisance Districts created by the Sanitary Act, 1866, with this important restriction-that towns (other than corporate towns, or towns or townships having Commissioners under Local Acts), the population of which, according to the last census (1871), does not exceed 6,000, are not retained as Urban Districts, but are included in the Rural Sanitary Districts within which they are situated. In consequence of this restriction, the number of Urban Sanitary Districts has been reduced from 111 to 42. The number of Rural Districts continues the same as it was under the Act of 1866, i.e., 163; of these, 129 Districts consist of entire Unions, and 34 of parts of Unions, of which other parts are Urban Districts. A Table showing the various Urban and Rural Sanitary Districts in Ireland will be found in Appendix I. SANITARY AUTHORITIES.-The "Sanitary Authorities" are the same as under the Act of 1866, i.e., in Urban DistrictsThe Corporation or Commissioners; and, in Rural Districts— The Poor Law Guardians. (Secs. 3, 4.) In the case of a Union, any portion of which is included in an Urban Sanitary District, the following important provisoes must be borne in mind:: 1. If any electoral division of the union forms, or is wholly included within an Urban Sanitary District, the elective guardians of such division cannot act or vote on sanitary matters. (Sec. 4.) 2. If part of any electoral division forms, or is situated in an Urban Sanitary District, the Local Government Board may, by order, divide such electoral division into wards, and determine the number of guardians to be elected by such wards, respectively, so as to provide for the due representation of the part of the division which lies within the Rural Sanitary District Until such order, the guardians of such electoral division may act and vote on sanitary matters. (Sec. 4.) 3. An ex-officio guardian resident in any part of an electoral division, included in an Urban Sanitary District, cannot so act or vote, unless he has sufficient property in the rural part of the district to qualify him as an elective guardian. (Sec. 4.) Under the Sanitary Act, 1866, sec. 4, a Sanitary Authority may delegate its powers to a Committee consisting wholly of its own members, or partly of its own members and partly of ratepayers not members of the Authority. SANITARY OFFICERS.-The provisions of the Act relating to this subject will be found in Chapter II. ALTERATION OF DISTRICTS.-The Local Government Board may, by provisional order, separate from a Rural Sanitary District any town wholly situate therein, containing upwards of 6000 inhabitants, and may either constitute it a new Urban Sanitary Distrct, or include it in any adjoining Urban Sanitary District. The Board may likewise, by provisional order, add any Urban Sanitary District to the Rural District in which it is situated.' In each case the provisional order can be made only upon petition from the town, township, or district. (Sec. 5.) TRANSFER OF POWERS AND DUTIES TO SANITARY AUTHORITIES.-All powers, duties, and liabilites of "The Sewer Authority," under the Sewage Utilization Acts, "The Nuisance Authority," under the Nuisance Removal Acts, "The Local Authority," under the Common Lodging House Acts, Artizans and Labourers Dwellings Act, and the Bake-House Regulation Act, as amended by any General or Local Act, or Provisional Order, in force within the district of a Sanitary Authority, are transferred to such Authority exclusively. In every Urban Sanitary District, the Urban Sanitary Authority shall, subject to the provisions of the Act, continue to act in execution of any general or local Act or provisional order in force within such district immediately before the passing of the Act, and in the execution of which, at such time, the body, by the Act constituted Urban Authority, was acting. In any Rural Sanitary District all powers, rights, duties, &c., with respect to sanitary matters, under any general or local Act or provisional order, in force within such district, or any part thereof, immediately before the passing of the Act, shall be transferred to the Rural Sanitary Authority of such district, to the exclusion of any other authority which may have previously exercised, or been subject to the same powers, &c. All Sanitary Authorities are also entrusted with the powers belonging to the persons acting in the execution of the |