BORROWING POWERS-continued.

66

would have been produced by the sinking fund, or the part of the sinking fund so applied :

'(6). Where money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanctioned, unless with the sanction of the Local Government Board, and shall in no case be extended beyond the period of sixty years from the date of the original loan.

or

"Where any urban authority borrow any money for the purpose of defraying private improvement expenses, expenses in respect of which they have determined a part only of the district to be liable, it shall be the duty of such authority, as between the ratepayers of the district, to make good, so far as they can, the money so borrowed, as occasion requires, either out of private improvement rates, or out of a rate levied in such part of the district as aforesaid”: Sect. 234.

On sewage, plant, &c.-" Where any local authority are possessed of any land, works, or other property for the purposes of disposal of sewage pursuant to this Act, they may borrow any moneys on the credit of such lands, works, or other property, and may mortgage such lands, works, or other property to any person advancing such moneys, in the same manner in all respects as if they were the absolute owner, both at law and in equity, of the lands, works, or other property so mortgaged. The moneys so borrowed shall be applied for purposes for which moneys may be borrowed under this Act; but it shall not in any way be incumbent on the mortgagees to see to the application of such moneys, nor shall they be responsible for any misapplication thereof,

"The powers of borrowing conferred by this section shall, where the sums borrowed do not exceed three fourths of the purchase money of such lands (but not otherwise), be deemed to be distinct from and in addition to the general borrowing powers conferred on a local authority by this Act. Any local authority may pay out of any rates leviable by them for purposes of this Act the interest on any moneys borrowed by such authority in pursuance of this section": Sect. 235. Of joint boards, &c.-" Joint boards and port sanitary authorities under this Act, and the local board of health of any main sewerage district and any joint sewerage board constituted under any of the Sanitary Acts and existing at the time of the passing of this Act shall, for the purposes of their

BORROWING POWERS-continued.

Act shall, for the purposes of their constitution, have like powers of borrowing on the credit of any fund or rate applicable by them to purposes of this Act or on the credit of sewage land and plant as are by this Act conferred on local authorities, and in the exercise of those powers shall be subject to the like restrictions; and the Public Works Loan Commissioners may make any loan to any of the abovementioned authorities which they may make to a local authority under this Act": Sect. 244.

Of Local Government Board where local authority make default in performing their duties.-"The Local Government Board may from time to time certify the amount of expenses that have been incurred, or an estimate of the expenses about to be incurred, by any person appointed by the said Board under this Act to perform the duty of a defaulting authority; also, the amount of any loan required to be raised for the purpose of defraying any expenses that have been so incurred, or are estimated as about to be incurred; and the certificate of the said Board shall be conclusive as to all matters to which it relates.

"Whenever the Local Government Board so certifies a loan to be required, the Public Works Loan Commissioners may advance to the Local Government Board, or to any person appointed as aforesaid, the amount of the loan so certified to be required on the security of the local rate, without requiring any other security; and the Local Government Board, or the person so appointed, may, by any instrument duly executed, charge the local rate with the repayment of the principal and interest due in respect of such loan, and every such charge shall have the same effect as if the defaulting local authority were empowered to raise such loan on the security of the local rate, and had duly executed an instrument charging the same on the local rate": Sect. 301.

Boundaries, settlement of disputes as to.-"On the application of any urban authority (being a local board or improvement commissioners), the Local Government Board may, by order after local inquiry, settle any dispute as to the boundaries of the district of such authority; such order shall be published in some local newspaper circulating in the district to which it relates, and from and after its commencement shall be conclusive on the question determined by it": Sect. 278.

May be defined by Local Government Board-see Rural Districts.

Bread-see Meat.

Bridge." Any urban authority may agree with the pro-
prietors of any canal, railway, or tramway, to adopt and main-
tain any existing or projected bridge, viaduct, or arch within
their district, over or under any such canal, railway, or tram-
way, and the approaches thereto, and may accordingly adopt
and maintain such bridge, viaduct, or arch and approaches as
parts of public streets or roads maintainable and repairable
by the inhabitants at large within their district; or such
authority may themselves agree to construct any such bridge,
viaduct, or arch at the expense of such proprietors; they may
also, with the consent of two-thirds of their number, agree to
pay, and may accordingly pay, any portion of the expenses of
the construction or alteration of any such bridge, viaduct, or
arch, or of the purchase of any adjoining lands required for
the foundation and support thereof, or for the approaches
thereto ": Sect. 147.

Building newly erected over sewer. Any person who in
any urban district, without the written consent of the urban
authority,-

"(1.) Causes any building to be newly erected over any
sewer of the urban authority; or,

"(2.) Causes any vault, arch, or cellar to be newly built
or constructed under the carriageway of any street,
shall forfeit to the urban authority the sum of five pounds
and a further sum of forty shillings for every day during
which the offence is continued after written notice in this
behalf from the urban authority; and the urban authority
may cause any building, vault, arch, or cellar erected or con-
structed in contravention of this section to be altered, pulled
down, or otherwise dealt with as they may think fit, and may
recover in a summary manner any expenses incurred by them
in so doing from the offender": Sect. 26.

Buildings may be provided for deposit of rubbish, &c.—
see Receptacles.

When taken down for the purpose of being rebuilt, the urban
authority may prescribe line of building- see Line of
Building.

-

Cannot be brought forward without the consent of urban
authority-see Line of Buildings.

Erected before this Act came into operation or before the place
in which such building is erected became part of an urban
district is not liable to come under the bye-laws under sect.
157-see Bye-laws.

BUILDINGS-continued.

What is a new building under this Act-see Bye-laws.

Ruinous or dangerous-see Towns Improvement Clauses Act. Unfit for human habitation-see Default in remedying Nuisance. Bye-laws." All bye-laws made by a local authority under and for the purposes of this Act shall be under their common seal; and any such bye-law may be altered or repealed by a subsequent bye-law made pursuant to the provisions of this Act: Provided that no bye-law made under this Act by a local authority shall be of any effect if repugnant to the laws of England or to the provisions of this Act": Sect. 182.

"Any local authority may, by any bye-laws made by them under this Act, impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of five pounds for each offence, and in the case of a continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence from the local authority; but all such bye-laws imposing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty.

"Nothing in the provisions of any Act incorporated herewith shall authorise the imposition or recovery under any bye-laws made in pursuance of such provisions of any greater penalty than the penalties in this section specified": Sect. 183.

66

Bye-laws made by a local authority under this Act shall not take effect unless and until they have been submitted to and confirmed by the Local Government Board, which board is hereby empowered to allow or disallow the same as it may think proper; nor shall any such bye-laws be confirmed

"Unless notice of intention to apply for confirmation of the same has been given in one or more of the local newspapers circulated within the district to which such byelaws relate, one month at least before the making of such application; and

"Unless for one month at least before any such application a copy of the proposed bye-laws has been kept at the office of the local authority, and has been open during office hours thereat to the inspection of the ratepayers of the district to which such bye-laws relate, without fee or reward.

"The clerk of the local authority shall, on the application of any such ratepayer, furnish him with a copy of such proposed bye-laws or any part thereof, on payment of sixpence for every hundred words contained in such copy.

BYE-LAWS-continued.

"A bye-law required to be confirmed by the Local Govern-
ment Board shall not require confirmation, allowance, or
approval by any other authority" : Sect. 184.

All bye-laws made by a local authority under this Act, or
for purposes the same as or similar to those of this Act under
any local Act, shall be printed and hung up in the office of
such authority; and a copy thereof shall be delivered to any
ratepayer of the district to which such bye-laws relate, on his
application for the same; a copy of any bye-laws made by a
rural authority shall also be transmitted to the overseers of
every parish to which such bye-laws relate, to be deposited
with the public documents of the parish, and to be open to
the inspection of any ratepayer of the parish at all reasonable
hours": Sect. 185.

"A copy of any bye-laws made under this Act by a local
authority (not being the council of a borough), signed and
certified by the clerk of such authority to be a true copy and
to have been duly confirmed, shall be evidence until the con-
trary is proved in all legal proceedings of the due making,
confirmation, and existence of such bye-laws without further
or other proof": Sect. 186.

"Bye-laws made by the council of any borough under the
provisions of section ninety of the Act of the sixth year of
King William the Fourth, chapter seventy-six, for the pre-
vention and suppression of certain nuisances, shall not be
required to be sent to a Secretary of State, nor shall they be
subject to the disallowance in that section mentioned ; but
all the provisions of this Act relating to bye-laws shall apply
to the bye-laws so made as if they were made under this
Act": Sect. 187.

"Where the local authority do not themselves undertake or
contract for-

“The cleansing of footways and pavements adjoining any
premises,

"The removal of house refuse from any premises,

"The cleansing of earthclosets, privies, ashpits and cess-
pools belonging to any premises,

they may make bye-laws imposing the duty of such cleansing
or removal, at such intervals as they think fit, on the occu-
pier of any such premises.

"An urban authority may also make bye-laws for the pre-
vention of nuisances arising from snow, filth, dust, ashes and
rubbish, and for the prevention of the keeping of animals on
any premises so as to be injurious to health": Sect. 44.

66

laws

Every local authority shall from time to time make bye-