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EVIDENCE-continued.

Contribution order-see Recovery of Contribution Order.

Of name, &c., of authority." In any proceeding instituted by or against a local authority under this Act, it shall not be necessary for the plaintiff to prove the corporate name of the local authority, or the constitution or limits of their district : Provided that this section shall not abridge or prejudice the right of any defendant to take or avail himself of any objection which he might have taken or availed himself of if this Act had not been passed": Sect. 260.

Examination of drains, &c., on complaint of nuisance."On the written application of any person to a local authority, stating that any drain, watercloset, earthcloset, privy, ashpit, or cesspool, on or belonging to any premises within their district, is a nuisance or injurious to health (but not otherwise), the local authority may, by writing, empower their surveyor or inspector of nuisances, after twenty-four hours written notice to the occupier of such premises, or in case of emergency without notice, to enter such premises, with or without assistants, and cause the ground to be opened, and examine such drain, watercloset, earthcloset, privy, ashpit, or cesspool. If the drain, watercloset, earthcloset, privy, ashpit, or cesspool, on examination is found to be in proper condition, he shall cause the ground to be closed, and any damage done to be made good as soon as can be, and the expenses of the works shall be defrayed by the local_authority. If the drain, watercloset, earthcloset, privy, ashpit, or cesspool, on examination appear to be in bad condition, or to require alteration or amendment, the local authority shall forthwith cause notice in writing to be given to the owner or occupier of the premises requiring him forthwith, or within a reasonable time therein specified, to do the necessary works; and if such notice is not complied with, the person to whom it is given shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default, and the local authority may, if they think fit, execute such works, and may recover in a summary manner from the owner the expenses incurred by them in so doing, or may by order declare the same to be private improvement expenses.'

Exchangeo f lands-see Purchase of Lands.

Excusal of rate on plea of poverty-see Rates.
Execution of regulations and orders of Local Government
Board to prevent spread of epidemic, endemic, or infectious
disease.—“The local authority of any district within which

EXECUTION OF REGULATIONS AND ORDERS-continued.

or part of which regulations so issued by the Local Government Board are declared to be in force, shall superintend and see to the execution thereof, and shall appoint and pay such medical or other officers or persons, and do and provide all such acts, matters, and things as may be necessary for mitigating any such disease, or for superintending or aiding in the execution of such regulations, or for executing the same, as the case may require. Moreover, the local authority may, from time to time, direct any prosecution or legal proceedings for, or in respect of the wilful violation or neglect of any such regulation" Sect. 136.

"The local authority and their officers shall have power of entry on any premises or vessel for the purpose of executing or superintending the execution of any regulations so issued by the Local Government Board as aforesaid": Sect. 137. Of works in adjoining district.-"Any local authority may, with the consent of the local authority of any adjoining district, execute, and do in such adjoining district all or any of such works and things as they may execute and do within their own district, and on such terms as to payment or otherwise as may be agreed on between them and the local authority of the adjoining district; moreover, two or more local authorities may combine together for the purpose of executing and maintaining any works that may be for the benefit of their respective districts or any part thereof. All moneys which any local authority may agree to contribute for defraying expenses incurred under this section shall be deemed to be expenses incurred by them in the execution of works within their district": Sect. 285.

Exemption from rates-see Incumbent, Highways, District

Rates.

Expenses of election of local board-see Members.

Of work executed by local authority where owner or occupier in default-see House without Sufficient Drainage.

Of closing drain where sufficient for house, but not adapted to sewerage system and making other drains-see House with Sufficient Drain, &c.

Of removing accumulation of manure-see Removal of accumulation of Manure, Nuisance.

Of connecting drains with existing sewers, greater than making new sewer, local authority may make new sewer-see House without Sufficient Drainage.

EXPENSES-continued.

Of supply of water to house without proper supply-see Supply of Water.

Of rural authority in obtaining an order for closing polluted well, &c., are special expenses-see Pollution.

Of making complaint, giving notice, obtaining order of court, &c.-see Costs and Expenses.

Of cleansing and disinfecting house, by local authority-see House, Cleansing and Disinfecting.

Of conveying persons suffering under any infectious disorder to hospital, &c.-see Carriage.

Of maintenance of persons in hospital may be recovered-see Maintenance of Persons, &c.

Of raising, sinking, or altering the position of gas or water pipes, mains, plugs, &c., to be paid by urban authority-see Gas Pipes.

Of pulling down or removing works, commenced without the approval of the urban authority-see Commencement of Works.

Mode of recovery of-see Court of Summary Jurisdiction. Recovery of."Where any local authority have incurred expenses for the repayment whereof the owner of the premises for or in respect of which the same are incurred is made liable under this Act or by any agreement with the local authority, such expenses may be recovered, together with interest at a rate not exceeding five pounds per centum per annum, from the date of service of a demand for the same till payment thereof, from any person who is the owner of such premises when the works are completed for which such expenses have been incurred, and until recovery of such expenses and interest the same shall be a charge on the premises in respect of which they were incurred. In all summary proceedings by a local authority for the recovery of expenses incurred by them in works of private improvement, the time within which such proceedings may be taken shall be reckoned from the date of the service of notice of demand.

"Where such expenses have been settled and apportioned by the surveyor of the local authority as payable by such owner, such apportionment shall be binding and conclusive on such owner, unless within three months from service of notice on him by the local authority or their surveyor of the amount settled by the surveyor to be due from such owner, he shall by written notice dispute the same.

EXPENSES-continued.

"The local authority may, by order, declare any such expenses to be payable by annual instalments within a period not exceeding thirty years, with interest at a rate not exceeding five pounds per centum per annum, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered in a summary manner from the owner or occupier for the time being of such premises, and may be deducted from the rent of such premises, in the same proportions as are allowed in the case of private improvement rates under this Act": Sect. 257.

Of urban authority.-"All expenses incurreed or payable by an urban authority in the execution of this Act, and not otherwise provided for, shall be charged on and defrayed out of the district fund and general district rate leviable by them under this Act, subject to the following exceptions (namely) :

"That if in any district the expenses incurred by an urban authority (being the council of a borough) in the execution of the Sanitary Acts were at the time of the passing of this Act, payable out of the borough fund or borough rate, then the expenses incurred by that authority in the execution of this Act shall be charged on and defrayed out of the borough fund or borough rate; and

"That if in any district the expenses incurred by an urban authority (being improvement commissioners) in the execution of the Sanitary Acts were, at the time of the passing of this Act, payable out of any rate in the nature of a general district rate, leviable by them as such commissioners throughout the whole of their district, then the expenses incurred by that authority in the execution of this Act shall be charged on and defrayed out of such rate; and for the purposes of this section the council of the borough of Folkestone shall be deemed to be improvement commissioners; and

"That where, at the time of the passing of this Act, the expenses incurred by an urban authority in the execution of certain purposes of the Sanitary Acts were payable out of the borough fund and borough rate, and the expenses incurred by such authority in the execution of the other purposes of the said Acts were payable out of a rate or rates leviable by that authority throughout the whole of their district for paving, sewering, or other sanitary purposes, then the expenses incurred by that authority in the execution of the same or similar purposes respectively under this Act, shall respectively be

EXPENSES-continued.

charged on and defrayed out of the borough fund and borough rate, and out of the rate or rates leviable as aforesaid": Sect. 207.

"Where, at the time of the passing of this Act, the expenses incurred by an urban authority for sanitary purposes are payable otherwise than in the manner provided by the Local Government Acts, the Local Government Board may, on the application of such authority, or of any ten persons rated to the relief of the poor within the district, declare by provisional order that the expenses of such authority, incurred in the execution of this Act, shall be defrayed out of a district fund and general district rate to be levied by them under this Act, subject to the provisions of this Act with respect to the mode of defraying in certain cases the expenses of the repair of highways": Sect. 208.

Of rural authority.-"The expenses incurred by a rural authority in the execution of this Act shall be divided into general expenses and special expenses.

"General expenses (other than those chargeable on owners and occupiers under this Act) shall be the expenses of the establishment and officers of the rural authority, the expenses in relation to disinfection, the providing conveyance for infected persons, and all other expenses not determined by this Act or by order of the Local Government Board to be special

expenses.

"Special expenses shall be the expenses of the construction, maintenance, and cleansing of sewers in any contributory place within the district, the providing a supply of water to any such place, and maintaining any necessary works for that purpose, if and so far as the expenses of such supply and works are not defrayed out of water rates or rents under this Act, the charges and expenses arising out of or incidental to the possession of property transferred to the rural authority in trust for any contributory place, and all other expenses incurred or payable by the rural authority in or in respect of any contributory place within the district, and determined by order of the Local Government Board to be special expenses.

"Where the rural authority make any sewers or provide any water supply or execute any other work under this Act for the common benefit of any two or more contributory places within their district, they may apportion the expense of constructing any such work, and of maintaining the same, in such proportions as they think just, between such contributory places, and any expense so apportioned to any such

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