A.D. 1875. powers by port rity. of the Local Government Board, delegate to any riparian authority within or bordering on their district the exercise sanitary autho- of any powers conferred on such port sanitary authority by the order of the Local Government Board, but, except in so far as such delegation may extend, no other authority shall exercise any powers conferred on a port sanitary authority by the order of the Local Government Board within the district of such port sanitary authority. P.H. 1872, s. 20. authority. Expenses of 290. Any expenses incurred by a port sanitary authority port sanitary constituted temporarily in carrying into effect any purposes of this Act shall be defrayed out of a common fund to be contributed by the riparian authorities in such proportions as the Local Government Board thinks just. P.H. 1872, s. 21. P.H. 1874, s. 13. Provision as to Such port sanitary authority, if itself a local authority under this Act independently of its character of a port sanitary authority, shall raise the proportion of expenses due in respect of its own district in the same manner as if such expenses had been incurred by it in the ordinary manner for the purposes of this Act. For the purpose of obtaining payment from the contributory riparian authorities of the sums to be contributed by them, such port sanitary authority shall issue their precept to each such authority, requiring such authority, within a time limited by the precept, to pay the amount therein mentioned to such port sanitary authority, or to such person as such port sanitary authority may direct. Any contribution payable by a riparian authority to such port sanitary authority shall be a debt due from them, and may be recovered accordingly, such contribution in the case of a rural authority being deemed general expenses of that authority. If any riparian authority makes default in complying with the precept addressed to it by such port sanitary authority, such port sanitary authority may, instead of instituting proceedings for the recovery of the debt, or in addition to such proceedings, as to any part of the debt which may for the time being be unpaid, proceed in the summary manner in this Act mentioned to raise within the district of the defaulting authority such sum as may be sufficient to pay the debt due. Where several riparian authorities are combined in the district of one port sanitary authority the Local Government Board may by order declare that some one or more of such authorities shall be exempt from contributing to the expenses incurred by such authorities. 291. The mayor aldermen and commons of the City of port of London. London shall be the port sanitary authority of the port P.H. 1872, s. of London, and shall pay out of their corporate funds all their expenses as such port sanitary authority. 20. A.D. 1875. raising a sum 292. Where any port sanitary authority joint board or other authority are authorised, in pursuance of this Act, to proceed in a summary manner to raise within the Proceedings for district of a defaulting authority such sum as may be for payment of sufficient to pay any debt due to them, the authority so debt within authorised for the purpose of raising such sum shall, district of a defaulting within the district of the defaulting authority, have so far authority. as relates to the raising such sum, the same powers as if P.H. 1872, s. they were the defaulting authority, and as if such sum were expenses properly incurred by the defaulting authority within the district of such authority. Where the defaulting authority have power to raise any moneys due for their expenses by levy of a rate from individual ratepayers, the authority so authorised as aforesaid shall have power to levy such a rate by any officer appointed by them, and the officer so appointed shall have the same powers, and the rate shall be levied in the same manner and be subject to the same incidents in all respects as if it were levied by the officer of the defaulting authority for the payment of the expenses of that authority; and where the defaulting authority have power to raise moneys due for their expenses by issuing precepts, or otherwise requiring payments.from any other authorities, the authority so authorised as aforesaid shall have the same power as the defaulting authority would have of issuing precepts, or otherwise requiring payment from such other authorities. Any precepts issued by the authority so authorised as aforesaid for raising the sum due to them may be enforced in the same manner in all respects as if they had been issued by the defaulting authority. The authority so authorised as aforesaid may, in making an estimate of the sum to be raised for the purpose of paying the debt due to them, add such sums as they think sufficient, not exceeding ten per cent, on the debt due, and may defray thereout all costs charges and expenses (including compensation to any persons they may employ) to be incurred by such authority by reason of the default of the defaulting authority; and the authority so authorised as aforesaid shall apply all moneys raised by them in payment of the debt due to them, and such costs charges and expenses as aforesaid, and shall render the balance, if any, remaining in their hands after such application to the defaulting authority. 54. A.D. 1875. Power of Board to direct inquiries. L.G., s. 79. PART IX. LOCAL GOVERNMENT BOARD. Inquiries by Board. 293. The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to 21 & 22 Vict. any matters concerning the public health in any place, or any matters with respect to which their sanction approval or consent is required by this Act. c. 97, s. 3. Orders as to costs of inquiries. L.G., s. 81. 294. The Local Goverment Board may make orders as to the costs of inquiries or proceedings instituted by, or of appeals to the said Board under this Act, and as to San. 1869, s. 9. the parties by whom or the rates out of which such costs shall be borne; and every such order may be made a rule of one of the superior courts of law on the application of any person named therein. Orders of Board 295. All orders made by the Local Government Board under this Act. in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct. L.G., s. 81. P.H. 1872, s. 48. Power of Upon an application for a mandamus after an appeal to the Secretary of State, the Court of Queen's Bench refused a rule, holding that the principle on which the decision of the Court of Quarter Sessions is final, unless the justices state a case for the opinion of the Court, applied to an order of the Secretary of State under the Public Health Acts. Per Lord Campbell, C.J., where the Legislature says that the decision of the Secretary of State is to be final, it means that it is to be final in law and in fact; and per Hill, J., there is no machinery in the Statute by which the order can be made a rule of Court: if there were, possibly it might be quashed, if bad on the face of it. Ex-parte Bird, 28 L. J. Q. B. 223; 5 Jur. (N. s.) 1009; 33 L. T. 162; 1 E. and E. 391. The preceding section, however, it will be perceived, expressly enacts that every such order may be made a rule of one of the Superior Courts of law on the application of any party named therein. 296. Inspectors of the Local Government Board shall, inspectors of for the purposes of any inquiry directed by the Board, have in relation to witnesses and their examination, the production of papers and accounts, and the inspection of Local Government Board. P.H. 1872, s. 15. places and matters required to be inspected, similar powers to those which Poor Law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts. The following are the provisions of the Poor Law Amendment Act, 1834, and the Poor Law Board Act, 1847, with respect to the powers of assistant Poor Law commissioners and Poor Law inspectors respectively to summons witnesses, &c. : The said assistant commissioners may and are hereby empowered to summon before them such persons as they may think necessary for the purpose of being examined upon oath (which oath such assistant commissioners are hereby empowered to administer) upon any question or matter relating to the poor or their relief, or for the purpose of producing and verifying upon oath any books, contracts, agreements, accounts, and writings, or copies of the same, in anywise relating to such question or matter, and not relating to or involving any question of title to any lands, tenements, or hereditaments not being the property of any parish or union, as such assistant commissioners may think fit, but so that no such person shall be required, in obedience to any such summons, to go or travel more than ten miles from the place of his abode: Provided nevertheless that in lieu of requiring such oath as aforesaid, the said assistant commissioners may, if they think fit, require such person to make and subscribe a declaration of the truth of the matters respecting which he shall have been or shall be so examined." 4 & 5 Wm. IV. c. 76, s. 12. "The said inspectors may summon before them such persons as they may think necessary for the purpose of being examined before them upon any matter concerning the administration of the laws relating to the relief of the poor, or any other matter placed by law under the control or regulation of the commissioners, or for the purpose of producing and verifying upon oath any books, contracts, agreements, accounts, writings, or copies of the same, in anywise relating to such matter, and not relating to or involving any question of title to any lands, tenements, or hereditaments not being the property of any parish or union, and may examine any person whom they shall so summon, or who shall voluntarily come before them to be examined upon any such matter upon oath, which each of the said inspectors shall be empowered to administer, or instead of administering an oath, the inspector may require the party examined to make and subscribe a declaration of the truth of the matter respecting which he shall have been or shall be so examined; and all summonses made by any such inspector for any such purpose as aforesaid shall be obeyed by all persons as if such summons had been the summons and order of the commissioners, and the non-observance thereof shall be punishable in like manner; and the costs and expenses of such person so summoned shall be paid in such cases and in such manner as the costs and expenses of persons summoned under the authority of the first recited Act are now payable: Provided always that no person shall be required in obedience to any such summons to go or travel more than ten miles from his place of abode." 10 & 11 Vict. c 109, s. 21. Provisional Orders by Board. A.D. 1875. 297. With respect to provisional orders authorised to As to provibe made by the Local Government Board under this Act, sional orders the following enactments shall be made : made by Local Government Board. (1.) The Local Government Board shall not make any P.H. 1872, s. provisional order under this Act unless public 45. notice of the purport of the proposed order has been previously given by advertisement in two A.D. 1875. successive weeks in some local newspaper circulating in the district to which such provisional order relates: (2.) Before making any such provisional order, the (3.) The Local Government Board may submit to (5.) Any Act confirming any provisional order made in (6.) The Local Government Board may revoke, either wholly or partially, any provisional order made by them before the same is confirmed by Parliament, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament: (7.) The making of a provisional order shall be primâ facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with: (8.) Every Act confirming any such provisional order As to sub-sect. (7), see the Introduction, ante, pp. lxvi, lxxxv. |