Nature of protection. 18 & 19 Vict. C. 121, S. 42. Court named in his application, or to a judge sitting in chambers, first giving notice in writing of the appeal, with a copy of the case so stated and signed, to the respondent or other party to the proceeding. The superior Court is thereupon to deter mine the questions on the case, and their determination is to be final and conclusive on all parties. The course of procedure under 20 & 21 Vict. c. 43, will be found in the third edition of Glen's Jervis's Acts. § 5. PROTECTION OF LOCAL AUTHORITY AND THEIR OFFICERS. The local authority, and any officer or person acting under the authority and in execution or intended execution of the Act, shall be entitled to such protection and privilege in actions and suits, and such exemption from personal liability, as are granted to Local Boards of Health and their officers by the law in force for the time being. On this point see the provisions of the Public Health Act, ss. 139, 140, ante, pp. 476–477. 563 PART V. SEWAGE UTILIZATION. § 1. SEWER AUTHORITIES. Utilization THE intention of the Sewage Utilization Act, 1865, amended Object of by the Sanitary Act, 1866 (Part 1), and the 30 & 31 Vict. the Sewage c. 113, is to afford facilities for the drainage of districts, urban Act. and suburban, to which it would be impracticable or inexpedient 28 & 29 Vict. to apply the provisions of the Public Health and Local Govern- c. 75. ment Acts. Indeed these Acts, it will readily be perceived, are not practically applicable to other than urban districts containing something more than the population of a mere village. The Act of 1865 extends the powers for drainage purposes to suburban and country parishes, as contradistinguished from towns, and in fact places them upon the same footing for drainage purposes as towns in which the Public Health and Local Government Acts have been adopted. The first part of the Sanitary Act, 1866, shall be construed Construction as one with the Sewage Utilization Act, 1865, and the expres- of Acts. sion "The Sewage Utilization Act, 1865," shall mean the said 29 & 30 Vict. Sewage Utilization Act, 1865, as amended by the Sanitary C. 90, s. 3. Act, 1866. 66 28 & 29 Vict. c. 75, s. 2. c. 90, s. 2. The Acts which form the subject of this portion of the work Application do not extend to any part of the metropolis as defined by the of Act. 18 & 19 Vict. c. 120. The expression sewer authority" means the persons or Definition bodies of persons referred to in the first column hereunder; the of sewer term "district," in relation to a sewer authority, as respects authority. each authority, means the place in that behalf referred to in Ib. s. 3. the second column. 29 & 30 Vict. The expression "sewer authority" in the Sewage Utiliza- 30 & 31 Vict. tion Act, 1867, has the same meaning as in the Sewage Uti c. 113, s. 2. lization Act, 1865, and in addition shall include a Local Board, and shall in both Acts include any collegiate or other corporate body required or authorized by or in pursuance of any Act of Parliament to divert its sewers or drains from any river or to construct new sewers, and any public department of the Government. Any person appointed by the Local Government 34 & 35 Vict. Board in pursuance of the 49th section of 29 & 30 Vict. c. 90, č. 70. (and see also 32 & 33 Vict. c. 100, s. 8), to perform the duty of a sewer authority or Local Board that has been guilty of a default as therein mentioned, shall, in the performance Definition of sewer authority. Sewer autho rities. of such duty and for the purposes thereof, be invested with all the powers of the sewer authority or Local Board in default, except the power of levying rates. "Local Board" means a Local Board authorized in pursuance of the Public Health Act, 1848, and the Local Government Act, 1858, or one of those Acts. The following are the sewer authorities under the Act:— 28 & 29 Vict. c. 75, Sch. 30 & 31 Vict. C. 113, s. 2. Ib. Ib. and 34 & 35 Vict. c. 70. The vestry, select ves- Any public department For the purposes of the Sewage Utilization Act, "parish" in the schedule to the Act shall include any township or other place in which a separate rate is levied for the relief of the poor. The provisions of the Public Health Act, 1848, ante, p. 401, Incorporarelating to private improvement expenses, as amended by any tion of. subsequent Act of Parliament, shall be deemed to be incorporated with the Sanitary Act, 1868, so far as may be required for carrying into effect any provision of the Act. 11 & 12 Vict. c. 63, as to private improvement C. 115, s. 6. Sewer authorities, if not already incorporated, shall be bodies expenses. corporate designated by such names as they may usually bear 31 & 32 Vict. or adopt, with power to sue and be sued in such names, and to Incorporation hold lands for the purposes of the several Acts conferring of sanitary powers on sewer authorities. authorities. c. 90, s. 46. Any sewer authority may appear before any justice or 29 & 30 Vict. justices, or in any legal proceeding, by its clerk or by any officer or member authorized generally or in respect of any of sewer special proceeding by resolution of such board or authority, authority in "and such person being so authorized shall be at liberty to legal proceedings. institute and carry on any proceeding which the nuisance f. s. 43. authority is authorized to institute and carry on under the Nuisance Removal Acts or this Act." The language of the above provision would seem to give every sewer authority acting "by its clerk," or other person duly authorized, the same powers as a nuisance authority has under the Nuisances Removal Acts. This, however, could scarcely have been the, intention of the legislature; and it will be seen that the 28 & 29 Vict. c. 75, and 29 & 30 Vict. c. 90, nowhere empower a sewer authority to appoint and pay "its clerk." § 2. COMMITTEES OF SEWER AUTHORITIES. form com Any sewer authority may from time to time, at any meeting Sewer authospecially convened for the purpose, form one or more committee rity may or committees consisting wholly of its own members, or partly mittee of its of its own members and partly of such other persons contri- own members buting to the rate or fund out of which the expenses incurred and others. by such authority are paid, and qualified in such other manner as the sewer authority may determine. Ib. s. 4. The sewer authority may delegate, with or without conditions Powers of or restrictions, to any committee so formed, all or any powers committee. of such sewer authority, and may from time to time revoke, add Ib. to, or alter any powers so given to a committee. Ib. A committee may elect a chairman of its meetings. If no Chairman of chairman is elected, or if the chairman elected is not present committee. at the time appointed for holding the same, the members present shall choose one of their number to be chairman of such meeting. Meetings of A committee may meet and adjourn as it thinks proper. members as may be prescribed by the sewer authority that appointed it, or, if no number be prescribed, of three members. Every question at a meeting shall be determined by a majority of votes of the members present, and voting on that question; and in case of an equal division of votes the chairman shall have a second or casting vote. The proceedings of a committee shall not be invalidated by any vacancy or vacancies amongst its members. A sewer authority may from time to time add to or diminish the number of the members or otherwise alter the constitution of committee formed by it, or dissolve any committee. any A committee of the sewer authority shall be deemed to be the agents of that authority, and the appointment of such committee shall not relieve the sewer authority from any obligation imposed on it by Act of Parliament or otherwise. The above provisions are perhaps not required in boroughs or places under Local Improvement Acts; but they are very necessary in the case of a suburban parish, or in any parish not under a town Council or Improvement Commissioners, as they enable such a parish to adopt a standing administrative body for drainage purposes. § 3. RATES IN DRAINAGE DISTRICTS. Where the sewer authority of a district is a vestry, select vestry, or other body of persons acting by virtue of any Act of Parliament, prescription, custom, or otherwise, as or instead of a vestry, or select vestry, such authority shall for the purpose of defraying any expenses incurred in carrying into effect the Sewage Utilization Act, 1865, or 30 & 31 Vict. c. 113, issue their precept to the overseers of the parish of which they are the authority, requiring such overseers to pay over the amount specified in such precept to the sewer authority, or to their officer named in the precept, or into some bank mentioned in such precept. The overseers shall comply with the requisitions of such precept by levying a separate rate in the same manner as if it were a rate for the relief of the poor, with this exception, that the owner of any tithes or of any tithe commutation rent charge, or the occupier of any land used as arable, meadow, or pasture ground only, or as woodlands, market-gardens, or nursery grounds, and the occupier of any land covered with water, or used only as a canal or towing-path for the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance, shall, where a special assessment is made for the purpose of such rate, be assessed in respect of such property in the proportion of one-fourth part only of the rateable value thereof; or where no special assessment is made, shall pay in respect of such property, one-fourth part only of the rate in the pound payable in respect of houses and other property. |