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DICTIONARY

OF THE

INDEX

PUBLIC HEALTH ACT, 1875.

Abatement of nuisance-see Default in Remedying

Nuisance, Entry of Local Authority on Premises.

Abingdon Union—see Oxford.

Accounts to be kept and produced by officers of local autho-
rity receiving or paying money-see Officers of Local
Authority.

Of urban authority as to highway rates need not be verified by
justices, but audited the same as the other accounts of urban
authority-see Highway Rates.

Making up." Accounts of the receipts and expenditure under
this Act of every local authority shall be made up in such
form and to such day in every year as the Local Govern-
ment Board may appoint": Sect. 245.

Of urban authority, when to be audited—see Audit of Accounts.
Of rural authority-see Audit of Accounts.

Accumulation or deposit injurious to health-see Nuisance.
Action against local authority or officers-see Notice of

Action.

Acts.-Saving clauses as to Acts, &c., of authority.—" All

rates, orders, acts or things made, assessed, performed or
done, before the passing of this Act, by any authority pur-
porting to act under the powers conferred on them by a focal

B

ACTS-continued.

Act with respect to any sanitary purposes shall be valid,
notwithstanding the passing of the Public Health Act, 1872,
or of this Act : Sect. 338.

Adjournment of hearing of the summons, where com-
plaint is by private individual, for examination of premises—
see Complaint by Private Individual.

Advertisement-see Disposal of Sewage.

By local authority intending to purchase lands under the
powers of the Lands Clauses Consolidation Acts-see Pur-
chase of Lands.

See Provisional Orders.
See Reservoir

Agreement between landlord and tenant-see Contracts.
Alteration of areas-The following enactments shall be
made as to alteration of areas :-

"(1). The Local Government Board, by provisional order,
may dissolve any local government district, and may
merge any such district in some other urban or
rural district or districts; or it may, by provisional
order, declare the whole or any portion of a local
government or a rural district immediately adjoin-
ing a local government district to be included in such
last-mentioned district; or it may by provisional
order declare any portion of a local government dis-
trict immediately adjoining a rural district to be
included in such rural district; and thereupon the
included area shall, for the purposes of this Act, be
deemed to form part of the district in which it is
included by such order; and the remaining part (if
any) of the local government district or rural district
affected by such order shall continue subject to the
like jurisdiction as it would have been subject to if
such order had not been made, unless and until the
Local Government Board by provisional order other-
wise directs:

66

(2). In the case of a borough comprising within its area the
whole of an Improvement Act district, or having an
area co-extensive with such district, the Local Govern-
ment Board by provisional order may dissolve such
district and transfer to the council of the borough
all or any of the jurisdiction and powers of the im-
provement commissioners of such district remaining
vested in them at the time of the passing of this
Act:

ALTERATION OF AREAS-continued.

"(3). The Local Government Board may by order dissolve
any special drainage district constituted either before
or after the passing of this Act in which a loan for the
execution of works has not been raised, and merge it
in the parish or parishes in which it is situated, and
the Local Government Board may by provisional
order dissolve any such district in which a loan has
been raised for the execution of works, and merge it
in the parish or parishes in which it is situated":
Sect. 270.

Alteration of local Act-see Local Act.

Of rates by urban authority-see Rates.

Altering index to meter-see Injuring Meter.

Analysis of water may be ordered on application to close
polluted well-see Pollution.

Animals, keeping of—see Bye-laws.

So kept as to be injurious to health-see Nuisance.
Inspection of-see Meat.

Appeal against order of court."Where any person appeals
against an order to the court of quarter sessions in manner
provided by this Act no liability to penalty shall arise, nor
shall any proceedings be taken or work be done under (such
order, until after the determination of such appeal, unless
such appeal ceases to be prosecuted ": Sect. 99.

To Local Government Board against disallowance by auditor-
see Audit of Accounts.

To Local Government Board by owner or ratepayer who dis-
putes the validity of vote as to the expediency of declaring a
rural district a local government district-see Rural Dis-

trict.

To local government by person aggrieved." Where any
person deems himself aggrieved by the decision of the
local authority in any case in which the local authority are
empowered to recover in a summary manner any expenses
incurred by them, or to declare such expenses to be private
improvement expenses, he may, within twenty-one days after
notice of such decision, address a memorial to the Local
Government Board, stating the grounds of his complaint, and
shall deliver a copy thereof to the local authority; the Local
Government Board may make such order in the matter as to
the said board may seem equitable, and the order so made
shall be binding and conclusive on all parties..

APPEAL-continued.

"Any proceeding that may have been commenced for the
recovery of such expenses by the local authority shall, on the
delivery to them of such copy as aforesaid, be stayed; and
the Local Government Board may, if it thinks fit, by its
order direct the local authority to pay to the person so pro-
ceeded against such sum as the said board may consider to be
a just compensation for the loss, damage, or grievance thereby
sustained by him ": Sect. 268.

-

To quarter sessions." Where any person deems him-
himself aggrieved by any rate made under the provisions of
this Act, or by any order, conviction, judgment, or determina-
tion of or by any matter or thing done by any court of
summary jurisdiction, such person may appeal therefrom,
subject to the conditions and regulations following:-
"(1). The appeal shall be made to the next court of quarter
sessions for the county division or place in which the
cause of appeal has arisen, holden not less than twenty-
one days after the demand of the rate or the decision
of the court from which the appeal is made :
"(2). The appellant shall, within fourteen days after the
cause of appeal has arisen, give notice to the other
party and to the authority or court of summary juris-
diction by whose act he deems himself aggrieved, of
his intention to appeal, and of the ground thereof:
"(3). The appellant shall, immediately after such notice,
enter into a recognizance before a justice of the peace,
with two sufficient sureties, conditioned personally to
try such appeal, and to abide the judgment of the
court thereon, and to pay such costs as may be
awarded by the court, or give such other security
by deposit of money or otherwise as the justice may
allow:

"(4). Where the appellant is in custody the justice may, on
the appellant entering into such recognizance or giv-
ing such other security as aforesaid, release him from
custody:
"(5.) On appeals under this Act against any rate the Court
of Appeal shall have the same power to amend or
quash any rate or assessment, and to award costs
between the parties to the appeal, as is or may by law
be vested in any court of quarter sessions with respect
to amending or quashing any rate or assessment, or
awarding costs, on appeals with respect to rates for
the relief of the poor; and the costs awarded by the
said court under this Act may be recovered in the
same manner in all respects as costs awarded on the

APPEAL-continued.

last-mentioned appeals: Provided that, notwithstand-
ing the quashing of any rate appealed against, all
moneys charged by such rate shall, if the Court of
Appeal think fit so to order, be levied as if no appeal
had been made, and such moneys, when paid, shall be
taken as payment on account of the next effective rate
for the purposes in respect of which the quashed rate
was made:

"(6). In the case of other appeals the Court of Appeal may
if it thinks fit adjourn the appeal, and on the hearing
thereof may confirm, reverse, or modify the decision of
the court of summary jurisdiction, or remit the matter
to the court of summary jurisdiction with the opinion
of the Court of Appeal thereon, or make such other
order in the matter as the court thinks just. The
Court of Appeal may also make such order as to costs
to be paid by either party as the court thinks just:
(7). The decision of the Court of Appeal shall be binding
on all parties: Provided that the Court of Appeal may,
if such court thinks fit, state the facts specially for
the determination of a superior court": Sect. 269.

Application of penalties" Where the application of a
penalty under this Act is not otherwise provided for, one half
thereof shall go to the informer, and the remainder to the
local authority of the district in which the offence was com-
mitted: Provided, that if the local authority are the informer
they shall be entitled to the whole of the penalty recovered
and all penalties or sums recovered by them on account of
any penalty shall be paid over to the treasurer, and shall by
him be carried to the account of the fund applicable by such
authority to the general purposes of this Act": Sect. 254.
Appointment of medical officer of health by districts united
for that purpose-see Union of Districts.

Of arbitrator-see Arbitration.

Of receiver in default of payment of principal and interest—
see Receiver.

Apportionment by rural authority of expenses of works
executed for the common benefit of two or more contributory
places-see Expenses of Rural Authority.

Appeal by overseers against same-see Expenses of Rural
Authority.

Approaches to markets-see Markets.

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