Power to for the and in every case in which any such Improvement Act does not contain any such provisions, the accounts of the Board with respect to the Act shall be audited yearly by the Poor Law auditor within whose district the district of the Board lies. The Board shall produce to him their accounts, with sufficient vouchers for all moneys received and paid, and he shall examine such accounts and vouchers, and report thereon to the Board, and every such report shall be open at all reasonable times without charge to the inspection of every person liable to be rated to an improvement rate made by the Board. Mr. D. P. Fry, in his edition of this Act, very properly points out that it does not appear that the Poor Law auditor will have any power to disallow or surcharge items in these accounts, similar to the power which he possesses in regard to the accounts of unions and parishes. He is to examine, and report; and that comprises the whole of his functions in the matter. It is not stated what notice he is to give of his audits; and no provision is made for the payment of any remuneration to him for this service. For carrying the Act into execution in any borough or borrow money district respectively, the Council, with the approval of the Commissioners of Her Majesty's Treasury (1), and the Board, with the approval of the Commissioners of Her Majesty's Treasury (1) may from time to time borrow, at interest, on the security of a mortgage, as the case may be, of the borough fund, or of the general district rates, or of the improvement rates, the money which may be by them respectively required, and shall apply the moneys so borrowed accordingly. The Public sioners may Ib. s. 32. Incorporation Ib. s. 33. The Public Works Loans Commissioners (see the Public Works Loans Act, 1875, post), may from time to time make to the Council of any such borough, or to any Board, respectively, for the purposes of the Act, any loan, under the provisions of the recited Act, or the several Acts therein recited or referred to, upon security of the borough fund, or the general district rates, or the improvement rates. Further as to loans for the purposes of the Act, see post, p. 422. The provisions of the Companies Clauses Consolidation of 8 Vict. c. 16. Act, 1845, with respect to the borrowing of money by any company on mortgage, and the provisions of the same Act with respect to the accountability of the officers of the company, and the provisions of the same Act with respect (1) The consent of the General Board of Health was rendered unnecessary by 21 & 22 Vict. c. 98, s. 8, and the repeal of that enactment will not render any such consent again necessary. to the making of bye-laws, subject to the provision hereafter mentioned, and the provisions of the same Act with respect to the recovery of damages not specially provided for and penalties, so far as such provisions may respectively be applicable to the purpose of the 14 & 15 Vict. c. 34, shall be respectively incorporated with that Act; and the expressions in such provisions applicable to the company and the directors shall apply, as regards a borough, to the Council. All deeds and writings which under such provisions are required or directed to be made or executed under the common seal of the company, shall, in the application of such provisions to the Act, be deemed to be required or directed to be made or executed, as regards a borough, under the common seal of the mayor, aldermen, and burgesses, and so much of such provisions as are applicable to the secretary of the company shall apply to the clerk; and in such of the said provisions as relate to the inspection of accounts as regards a borough, the burgesses shall have the privileges of shareholders. 14 & 15 Vict. The Lands Clauses Consolidation Act, 1845, shall be Incorporation incorporated with the Act: provided always, that the of 8 Vict. c. 18. Council and the Board, respectively, shall not purchase or c. 34, s. 34. take any lands otherwise than by agreement. may appro Ib. s. 35. In any borough the Council, with the approval of the In boroughs Commissioners of Her Majesty's Treasury, may from time the Council to time appropriate for the purposes of the Act in the priate lands borough any lands vested in the mayor, aldermen, and vested in the burgesses. In any district the Board (1) may from time mayor, &c. to time appropriate for the purposes of the Act in the or contract district any lands vested in the Board or at the disposal for purchase of the Board. In any borough the Council, and in any s. 36. district the Board (1), may from time to time contract for the purchasing or renting of any lands necessary for the purposes of the Act; and the property therein shall be vested in the mayor, aldermen, etc., in the case of a borough, or in the Board in the case of a district. of the same. Ib. The Council and Board, respectively, may from time Erection of to time, on any lands so appropriated, purchased, or lodging-houses, rented, or contracted so to be, respectively, erect any buildings suitable for lodging-houses for the working classes, and convert any buildings into lodging-houses for the labouring classes, and may from time to time alter, enlarge, repair, and improve the same, respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. The Council and Board, respectively, may from time to Councils and (1) See note on preceding page. Commis sioners may enter into contracts. c. 34, s. 37. time enter into any contract with any persons or companies for building and making, and for altering, enlarging, repairing, and improving such lodging-houses, and for 14 & 15 Vict. supplying the same respectively with water, and for lighting the same respectively, and fitting up the same respectively, and for furnishing any materials and things, and for executing and doing any other works and things necessary for the purpose of the Act, which contracts respectively shall specify the several works and things to be executed, furnished and done, and the prices to be paid for the same, and the times when the works and things are to be executed, furnished, and done, and the penalties to be suffered in cases of non-performance. All such contracts, or two copies thereof, shall be entered in the books to be kept for that purpose: provided always, that a contract above the value or sum of £100 shall not be entered into by the Council or the Board for the purposes of the Act unless previous to the making thereof fourteen days' notice shall be given in one or more of the public newspapers published in the county in which the borough or district shall be situated, expressing the intention of entering into such contract, in order that any person willing to undertake the same may make proposals for that purpose, to be offered to the Council or Board at a certain time and place in such notice to be mentioned; but it shall not be incumbent on the Council or Board to accept any of the proposals so offered. Purchase of existing lodginghouses. Ib. s. 38. The Council of any borough, and the Board of any district, may, if they shall think fit, contract for the purchase or lease of any lodging-house for the labouring classes already or hereafter to be built and provided in any borough or district, and appropriate the same to the purposes of the Act, with such additions or alterations as they shall respectively deem necessary; and the trustees of any lodging-houses for the labouring classes which have been already or may hereafter be provided in any such borough or district, by private subscriptions or otherwise, may, with the consent of the Council of any borough, or with the consent of the Board of any district, and with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell or lease the said lodging-houses to the Council or Board, respectively, or make over to them the management of such lodging-houses. In all such cases the lodging-houses so purchased or leased, or of which the management has been so made over, shall be deemed to be within the provisions of the Act. as fully as if they had been built or provided by the Council or Board, and the property therein shall be vested in the mayor, aldermen, and burgesses in the case of a borough, or in the Board in the case of a district. Any commissioners of waterworks, trustees of water- Supply of works, water companies, gas companies, and other corpo- water and gas rations, bodies, and persons, having the management of houses. any waterworks, reservoirs, wells, springs, and streams of 14 & 15 Vict. water, and gasworks respectively, may, in their discretion, c. 34, s. 39. grant and furnish supplies of water or gas for such lodginghouses, either without charge or on such other favourable terms as they shall think fit. liable. No member of the Council of any borough, or any Councillors, member of any Board, personally, or any of their lands, etc., not goods, chattels, moneys (other than such lands, goods, personally chattels, or moneys as may be vested in or under the b. s. 40. management or control of the Council or Board respectively in pursuance of the Act), shall be liable to the payment of any sum of money as or by way of compensation or satisfaction for or in respect of anything done or suffered in due pursuance of the Act. of Councils, etc. Every person who shall feel aggrieved by any bye-law, Appeals order, direction, or appointment of or by the Council or against Orders Board shall have the like power of appeal to the General Quarter Sessions as under the provisions of the Companies Ib. s. 41. Clauses Consolidation Act, 1845, incorporated with the Act, he might have, if feeling aggrieved by any determination of any justice with respect to any penalty. lands. The Council, with the approval of the Commissioners of Sale and Her Majesty's Treasury, and the Board (1) respectively, exchange of may from time to time make sale and dispose of any lands Ib. s. 42. vested in the mayor, aldermen, and burgesses, or in the Board, respectively, for the purposes of the Act, and apply the proceeds, or a sufficient part thereof, in or towards the purchase of other lands better adapted for such purposes, and may, with the like approval, (1) exchange any lands so vested, and either with or without paying or receiving any money for equality of exchange, for any other lands better adapted for such purposes, and the mayor, aldermen, and burgesses, or the Board, may convey the lands so sold or exchanged accordingly. houses may Whenever any lodging-houses which shall have been for When seven years or upwards established under the authority of the Act shall be determined by the Council, or by the be sold. Board, to be unnecessary or too expensive to be kept up, Ib. s. 43. the Council, with the approval of the Commissioners of Her Majesty's Treasury, or the Board, (1) may sell the (1) See note on p. 416, ante. Management, how vested in Council. same for the best price that can reasonably be obtained for the same, and the mayor, aldermen, and burgesses, or the Board, shall convey the same accordingly, and the purchase-money shall be paid to such person as the Council or Board shall appoint, and his receipt shall be a sufficient discharge for the same. The net proceeds of such sale shall be applied in the first instance in or towards payment or satisfaction of all the debts, liabilities, and engagements whatsoever, with respect to the purposes of the Act, of the Council, or the Board, and the surplus, if any, of such net proceeds paid to the credit of the borough fund, or of the general district rate, or of the improve ment rate. The general management, regulation, and control of the lodging-houses established under the Act shall, subject to 14 & 15 Vict. the provisions of the Act, be, as to any borough, vested in and exercised by the Council, and as to any district, vested in and exercised by the Board. c. 34, s. 45. Bye-laws for regulating lodginghouses. Ib. s. 46. The bye-laws which the Council and Board respectively may from time to time make, alter, repeal, and enforce, shall include such bye-laws for the management, use, and regulation of the lodging-house, and of the tenants or occupiers thereof, and for determining from time to time. the charges for the tenancy or occupation of the lodginghouses, as the Council and Board respectively shall think fit, and they respectively may appoint any penalty not exceeding £5 for any and every breach, whether by their officer or servants or by other persons, of any bye-law made by them respectively, and such bye-laws shall make sufficient provision for the several purposes respectively expressed in the following schedule to the Act: 1. Bye-laws to be made in all cases. For securing that the lodging-houses shall be under the management and control of the officers, servants, or others appointed or employed in that behalf by the Council, or Board, or Commissioners. For securing the due separation at night of men and boys above eight years from women and girls. For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances. For determining the duties of the officers, servants, and others appointed by the Council, or Board, or Commissioners. 2. Bye-laws to be made in boroughs, districts, and parishes wholly or partially within the districts of Local Boards of Health. For carrying out the regulations of the Local Boards of Health. Provided always, that a bye-law made under the authority of the Act shall not be of any legal force until the same shall have received the approval of one of Her Majesty's principal Secretaries of State. |