A.D. 1875. Provision where im provement Act government district be comes a borough. wise, and shall be paid by the local authority of the district in which such officer held his oflice out of any rates applicable to the general purposes of this Act within that district. 310. Where after the passing of this Act a district or part of a district under the jurisdiction of improvement district or local commissioners, or a district or part of a district under the jurisdiction of a local board, is constituted or included in a borough, all the powers rights duties capacities liabilities obligations and property exerciseable by attaching to or vested in such improvement commissioners or local board (as the case may be) under this Act, or under any local Act for purposes the same as or similar to those of this Act, or under any general Act of Parliament, within or for the benefit of such district or part of a district, shall pass to and be exerciseable by and vested in the council of such borough. Power of local boards to change name. As to election provement commissioners, The transfer by virtue of the Public Health Act, 1872, of the powers rights duties capacities liabilities obligations and property of any local board or improvement commissioners to an urban sanitary authority, shall be deemed to have included all powers rights duties capacities liabilities obligations and property exerciseable by attaching to or vested in such local board or improvement commissioners as a burial board under any general Act of Parliament. See the Introduction, ante, p. lxvi. See also Sch. V., Part III., post, p. 343, as to burial boards. 311. Any local board constituted either before or after the passing of this Act may, with the sanction of the Local Government Board, change their name. Every such change of name shall be published in such manner as the Local Government Board may direct. No such change of name shall affect any rights or obligations of the local board, or render defective any legal proceedings instituted by or against the local board; and any legal proceedings may be continued or commenced against the local board by their new name which might have been continued or commenced against the local board by their former name. This provision is new. 312. The retirement and mode of election of members of certain im- of any authority invested by any local Act with powers of town government and rating, whose retirement and mode of election were at the time of the passing of this Act L.G. Am., s. 2. regulated by the Local Government Acts, shall be regulated in all respects by the rules for election of local &c. A.D. 1875. provisions of boards contained in Schedule II. to this Act; but this enactment shall not affect the qualification fixed for members of such authority by the local Act under which such authority are constituted, or the qualification and tenure of office of any ex-officio members of such authority. 313. Where in any Act or order made by one of Her Substitution in Majesty's Principal Secretaries of State or by the Local other Acts of Government Board and in force at the time of the passing this Act for of this Act, or in any document, any provisions of any of provisions of the Sanitary Acts which are repealed by this Act are repealed Acts. mentioned or referred to, such Act, order, or document shall be read as if the provisions of this Act applicable to purposes the same as or similar to those of the repealed provisions were therein mentioned or referred to instead of such repealed provisions and were substituted for the same; nevertheless those substituted provisions shall have effect subject to any modification or restriction in such Act order or document expressed in relation to the repealed provisions therein mentioned or referred to. The provision in this section meets the case of proceedings under the 35 & 36 Vict. c. 91. See also the Introduction, ante, pp. lxvii, lxxxv. 314. Any local authority may, if they think fit, make Byelaws as to byelaws for securing the decent lodging and accommoda- hop-pickers. tion of persons engaged in hop-picking within the district PH. 1874, s. of such authority. 45. 315. Any byelaw made by any sanitary authority As to byelaws under the Sanitary Acts which is inconsistent with any of inconsistent the provisions of this Act shall, so far as it is inconsistent with this Act. therewith, be deemed to be repealed. porated Acts. 316. In the construction of the provisions of any Act As to construcincorporated with this Act the term "the special Act" tion of incorincludes this Act, and, in the case of the Lands Clauses L.G., s. 7. Consolidation Acts, 1845, 1860, and 1869, any order confirmed by Parliament and authorizing the purchase of lands otherwise than by agreement under this Act; the term "the limits of a special Act means the limits of the district; and the urban or rural authority shall be deemed to be "the promoters of the undertaking," "the commissioners," or "the undertakers," as the case may be. All penalties incurred under the provisions of any Act incorporated with this Act shall be recovered and applied in the same way as penalties incurred under this Act. 317. The schedules to this Act shall be read and have Construction of effect as part of this Act. The forms contained in Schedule IV. to this Act, or forms to the like effect, varied as circumstances may require, may be used and shall be sufficient for all purposes. U schedules. A.D. 1875. As to clerk and treasurer of certain autho rities. P.H. 1872, s. 12. As to special district rates. See L.G., s. 54. (1.) L.G. Am., ss. 12, 13. Division of expenses be and tenant in certain cases. Temporary Provisions. 318. Nothing in this Act shall affect the rights or position of any clerk or treasurer the tenure of whose office is regulated by section twelve of the Public Health Act, 1872. 319. Nothing in this Act shall affect the making and levying of any special district rates, or the discharge of sums borrowed on the credit of any special district rates, or any right or remedy for the recovery of the same, under any provision of the Local Government Acts in force at the time of the passing of this Act. 320. Where under the provisions of any Local Act in that behalf any expenses directed by this Act to be paid tween landlord in the case of a council of a borough out of the borough fund or borough rate were, before the passing of the P.H. 1874, s. 8 Public Health Act, 1872, divided between landlord and tenant in moieties or otherwise, the Local Government Board may, on the application either of landlord or tenant, by order make provision for the continuance of such division of expenses during the continuance of any contract existing between them at the passing of the last-mentioned Act. Validity of certain secur ities. P.H. 1872, s. 46. As to certain turnpike trustees. P.H. 1874, s. 3. As to main sewerage districts and joint sewerage boards. 11 & 12 Vict. c. 63. P.H. 1872, s. 58. S.U. 1867, ss. 10-14. 321. Where by any sanction to a loan given or by any provisional order made under the Sanitary Acts, it is directed that the sums borrowed shall be repaid within a limited period of years from the date of the borrowing thereof, any security which has been given for a sum so borrowed shall not be invalid by reason of the sum having been made repayable within a period less than the period so limited. 322. Where by any local Act powers are conferred on any turnpike trustees for any purposes the same as or similar to any of the purposes of the Sanitary Acts or of this Act, such trustees shall not be deemed to be an urban authority under this Act, but all their powers and obligations under such local Act for such purposes shall be transferred to the local authority within whose district the area to which such local Act applies is contained. 323. Where any district has been constituted in pursuance of the provisions of the Public Health Act, 1848, for the purposes of main sewerage only, or where a district has been formed subject to the jurisdiction of a joint sewerage board in pursuance of the Sewage Utilization Act, 1867, the Local Government Board may by provisional order dissolve such district, or may constitute such district a united district subject to the jurisdiction of a joint board in manner provided by this Act, without application previous to the making of any such order: and until an order has been made by the Local Government Board under this section, the authority of any such district shall continue to be the authority thereof and their members shall be elected as if this Act had not passed: Provided that the provisions of this Act applicable to purposes the same as or similar to those of any enactments of the Sanitary Acts which are in force within the district of any such authority at the time of the passing of this Act and are repealed by this Act shall be deemed to be substituted for those enactments. Any order made under this section may if necessary provide for the settlement of any differences or the adjustment of any accounts or the apportionment of any liabilities arising between districts parishes or other places in consequence of the exercise of any of the powers conferred by this section, and may direct the persons by and to whom any moneys found to be due are to be paid and the mode of raising such moneys. See the Introduction, ante, pp. lxvii, lxxxvi. A.D. 1875. accounts. 324. The accounts of any urban or rural sanitary As to audit of authority under the Sanitary Acts by this Act repealed, certain not audited at the time of the passing of this Act, shall be deemed for the purposes of audit to be accounts of such authority under this Act. orders under 325. The power conferred by section twenty of "The As to certain Public Health Act, 1872," of temporarily constituting section 20 of 35 a port sanitary authority shall be deemed to have autho- & 36 Vict. c. rized a renewal from time to time of any order made 79. under that section. A.D. 1875. the sanitary authorities PART X I. SAVING CLAUSES AND REPEAL OF ACTS. Saving Clauses. Provision as to 326. All urban sanitary authorities and rural sanitary authorities existing at the time of the passing of this Act existing at the shall be deemed to be urban authorities and rural authopassing of this rities under this Act; and all joint boards, port sanitary Act and their authorities, committees of rural sanitary authorities, and officers, &c. parochial committees, and all local government districts constituted in pursuance of the Sanitary Acts, and existing at the time of the passing of this Act, shall be deemed to be joint boards, port sanitary authorities, committees of rural sanitary authorities, and parochial committees, and local government districts under this Act; and the members of all the above mentioned bodies shall hold office (subject to the provisions of this Act respecting the election of members of local boards) for such time as they would respectively have held office if this Act had not been passed; and the officers and servants of all the abovementioned bodies shall continue to hold their several offices and employments on the same terms and subject to the same conditions, as to duties remuneration and otherwise, as they would have held them if this Act had not been passed; and all byelaws duly made under any of the Sanitary Acts by this Act repealed and not inconsistent with any of the provisions of this Act shall be deemed to be byelaws under this Act; and all the provisions of this Act shall apply to all such bodies existing at the time of the passing of this Act and to their several officers and servants, in substitution for the provisions of the Sanitary Acts by this Act repealed, but so as not to affect any right acquired or liability incurred under the Sanitary Acts, or any of them, before the passing of this Act, and existing at the time of the passing of this Act. See the Introduction, ante, pp. lxvii, lxxxvi. |