The Express.
London, England, 1848-09-06 00:00:00

THE PUBLIC HEALTH ALT, 1848.

The following is a summary of the Clauses not in-
chided is oar yistarday's abstrast of this Important new
law _ _

—X/LAIN SIMON' AND DRADOL—Surzas nem) IN
LOCAL BOARDS. All public and main sewers and drains,
with aL thsir works sad ntaterials, an vested is heal board,
(bat private sewers, and sewers constrnated for print* prat
or far fnprorlag Mad, and towers of corambeionns of
sewsrs aN szempted).—Powiza TO PURCHAAN. Local
board may parobsse or contract for the use of all private
snakily or ming sewers, sad all materials
to than, if they see It. Penns having
cosh may sell than to local beards, or enter
ism seatieet. Sewers so panksesd shall be vested
la the lord board. Perseus kaviag perpetual right to the
me of sae sewers shall still pell.rw the mu, or to other
lowan sabadmag ahcm—hs AND AMODIO OP
Snow. The lent baud of health shall repair and sun-
tan all ammo vested to them, and spell came to be made
such man sewers sad drain N are onsmary tar effectual
drainage of UWE diarist After maim la writing look
'swan
matey be awned through so arty. Inistfag
✓owers
_be aiseastlined provided Priests right be is-
terftred with, sad In seek ram as eq vilest NON Inn
be provided. Cizasauto Surma. The local board
shall dress all sewers sad dans to the sad
contrast each nomvein, Oakes, iglueu
asedial. It nay cause erwillf (0 be engtisil lateal:aescift

plum, and the manure aid; bat set to Greats nuisance.—
PIarALIT. Persons making Karen to communicate with
those of the board, or eustruethig vaults ce genus under
any sae= without mitt= comsat, shall be fined !IL, sad
21. • day for elotinuing the offence, and the work may be
silt=e
and the cost charged to the offender.—Persces
be;les district may anneauaicate with the sowers of the
local baud on each tones and conditions se may be duel'
oni_sabjeet, in ease efdispate, to arbitration.
PRIVINS, &a—Name HOUSES TO NATE
Dasinson. No hous stall be built or rebuilt without
sufficient drainage, on report of the surveyor, and if the mail
or any sewer or drain which the 1-cal board can make use sc
be within 100 feet ot any part of the site of the
hoses' the drain from the house mast IXONMURiIISiI
with either, u the local board shall direct. Whets
there is no main drainage, then a carpool toast les
constructed to receive the how-dreia, at MB a
distance from the house as the local beard shell
direct. Neglect of these provisious to inear a penalty net
exceeding 601.—EXISTING Hornig TO 1111 DRAINS°. Alt
trial= =see shall be similarly drained, and it the requi-
site drainage be not completed after du none", them the
local board may
.execute the works, and recover the =pesos
from the owner ID a summary manner, or as private improve
meat expenses. DRAINAGE AND WATIN SUPPLY OP
BEALL PLACID. In Mall places, toltellieloit Is,. than 2,000
inhabitants on the then last census, and not under this est, a
majority at not loos than three fifths of a public meeting
called, after due notice, by the churchwarden. and OVSINSeIe,
may direct the churchwardens and overseers to Obtain en
estimate of the cost of a public drain or sewer, or fee the
digging of a well, or erecting a public pump ; and
if, at a second public meeting, called in like meatier,
the said estimate should he agreed to by threw
fifths of the persona present, the charclwardens and over-
seers shall caws the work to be constructed, and charge the
BOK OR toe poor rates of the parish :r place.—ALL HOlllll,
TO NATI WATIR.CLOSITS. Ne house shall be built Of es
built without a sufficient water closet or privy, and an ado
pit tarnished with proper doers and coverings, under ape
malty not exceeding 201. for neglect of the law. In axial
houses, where there are not sufficient conveniences, the
local beard shall also give notice to the owner or occupier,
and if within ressonablo time the proper conveniences be nes
constructed the local board may execute the same and
charge the cost. —WATEIt CLOllitra IN FACTOSISS. All
places of manufacture, trade, or • business, where above
twenty persons of both sexes &steno:tiled at the same time,
may be provided with separate water clouts or privies for '
the use of each sex. And if after doe notice from the local
boardthe proper conveniences be not constructed a penalty
cot exceeding 201. may be inflicted, and a further penalty ot
21. during the time of default —NOTICE or BUILDING AND
Renothorno Homize. Before the building or rebuilding
of any house 14 days' notice must be given to the local
board, and proper phi= and sections, showing drains, water-
closets, privies, &a., must be lodged, and the approval of the
local board obtained. If the local board do not decide in 14
days after notice the building may be prowled with ; bat
a breach of the law is punishable by a penalty
of 601, end by the pulling down of the erection,
and charting the coat to the offender—Dames AND
HATEE.CLOSITS TO as KETT Lea °IDS& The local
board shall provide that all drains, privies, &a,
within their district do notooeuion nuisance. If any person
make a written application to the local board (but not other-
wise), complaining of any nuisance arising from any drain,
water-closet, privy, cesspool , or &shrift, the surveyor, by written
authority of the local board, and after twenty-four hours' no-
tice, or, in case of emergency, without notice, may enter the
premises with or without assistants, and make examination.
If everything be found in proper order the damage must be
repaired at the experee of the local board ,• but if alteration or
amendment be required, the ground shall be closed, and the
local board shall send notice to the owner or occupier, giving
reasonable time for the purpose, and if the notice be not
eoraidied ,with a penalty of 10s. a day may be levied, and
the local board may execute the necessary works, and recover
expenses from the owner.
Bravo= CLEANNNO, ETC.—BTRZET CLRANSINO. The
keel beard shall at all convenient and proper times cause a
thorangli sarfaos cleansing and watering of all streets, &c.,
and it may make by-laws for the removal of refuse from, or
about houses, stables, cow-houses, &c., and for preventing
accumulations of such matters, and also for cleansing and
emptying of water-closets, cesspools, &a By-laws regulat-
ing removal of manure, &c., by occupiers, may
also be made. PLACE. OH DEPOSIT. The local
board may provide convenient boxes and places for
deposit of refuse matters, sewage, &c., which shall be
vested in the board aad sold, and the proceeds carried to the
district fund amount. All persons removing refuse without
consent of the local board shall be liable to a penalty not
exceeding 21. for every effence.—Pootte NECESSARIES. The
local board shall provide public water-closets, privies, and
other conveniences, in proper =uations, and charge the cost
to the district rates.
NUISANCII.—OFININSITI DRAINS TO sE CLIkNIIRD.
T6O local board shall cause to be drained, cleansed, covered,
or filled up, all ponds, poets, open ditches, and plasm
containing cr used for the collection of any d
water matter, or thing of an offensive nature, as Ukelyto be is-
inflow to health. Written notice is to be sent to the pines
musics nuissain, or to any owner or occupier on when
premises it exists, and in default of compliance the kcal
board shall execute the works and charge the cost. Bat the
local board may order the whole or a portion ot the expen-
ses to be paid out of the special or general district rate.—
PZICALTIU POR KNIFING SWIMS, He. The local board
may serve notice of nuisance on any potion keeping swine
in a dwelling-hoe, or in any other way so to occasion
nuisance, or who permits water to accumulate in any cellar
or place within a house, or who Waite any soakage or
overflow from any water-closet or privy;. and if in twenty-
four hours after such notice the nuisance be not abated
a penalty not exceeding 21. may be inflicted, along
with As. for every day during which the nuisance
is continued, and the local board shall abate the
nuisance and charge costs on the occupier. The
inspector of nuisances shall also give notice of all colleetioas
of refuse causing =banes, and if they are not removed in
twenty-four how they shall be removed, and become the
property of the local board, the proceeds being carried to the
district fund account.—PORIPLOATI ON OF HOESIS. Any
how, or part of a house, which is certified to the local board
by the officer of health (if any), or by any two medical
practitioners, to be in a filthy or unwholesome °audition,
and tending to produce, disease, or if disease may be checked
by white-washing or purifying the some, it may be ordered
by the local board to be so purified, on written notice to the
owner or occupier, and in default, after the specified time,
the offender shall be liable to a penalty not exceeding 10s. a
day, and the local board may caw the necessary purifica-
tion to be made, and the cost recovered from the owner or
occupier.
BLAUGHTII HOUSIS HO., TO BI HEGISTIRID. All
slaughter-howl" and knickers' yards 'ball be register:dd:4
Of the owner occupier in a book kept by the local bo
within three months after the application of this act, or
within three months date time of use, under a penalty not
exceeding 61., and 10s. for every day after notice from the
local board. Local boards may provide public slaughter
houses, and make by-laws for their regulation, and also Sc,
the regulation of all slaughter houses and knackers' yards,
for the cleansing of them, but the rights of all companies in-
corporated b local acts to be respected.—INSPECTION OP
Meier, &c. The inspector of lIIIISIUUNO may at all reasonable
times enter, with or without assistants, and iaspect any place
where butcher's meat is slaughtered or sold, or where game,
poultry, or fish is sold, and may examine their contents, and
seas all meat, poultry, game, flesh, or fish unfit for food,
and any justice may cause the same to be destroyed, or kept
from Wag sold as loud, if he think fit, after receiving
dents from SCOW competent person; and the individual in
whom custody unsound meat, poultry, game, or fish is found,
shall be liable to a penalty not exceeding 101. for every sepa-
rate piece so bead, to be recovered before two justifies.—
Orearesivx TILADZI. No offensive trade "hall be newly esta-
blished in any building or place, after the application of this
act, without the consent of the local board of health, unless
the general board shall otherwise direct, under a penalty of
601., and 21. a day; and all such works shall be under the
regulation of the local board. This act does not affect the
present law OA to
LODOINO-NOUSIS AND CELLARIL—LOOGING.IIOtBILS TO
II HEGISTERID. BM) common lodging-hones must be
entered on a register kept by the local board, which shall
make regulations for fixing the number of lodgers, and for
proper ckenlinem end ventilation. Officers appointed b
the local board shall hays arise, at all times, to snob
hews fttr inspecting and dimintecting the same, at the as-
pens, of the occupier ; and if admittance be refused it the
day-time, between eleven and four o'clock, the offender
shall be liable to a penalty not exseeding 2L
Neglect of registration to be visited by a similar
penalty.—BlolllATlON OP CELLARS. No cellar, to be
built or rebuilt after the passing of this act, can be let
separately as a dwelling, or no cellar which has not been so
let before the passing of this act. And no existing cellar
shall be let separately as a dwelling, except it be seven feet
high, and have three feet of its height above the level of the
street ; provided also that there be an area in front of two
footsie inches in width, and the whole height from six
blies below the level of the floor of the cellar to the level of
the street ; and in any ease there must be a sufficient drain
laid at least one foot below the floor of the cellar, along with
a repel' fire•pkee, water-closet or privy, and ash pit. The
window must be nine feet clear of the frame, and made
ta open, and if there be a hack cellar, the window '
must be four feet clear of the frame.' The church-
wardens and overseers to give public notice of the
law, and the local board to give written notice to
proprietors, end in default of compliance a fine of
20s. a day may be indicted. Steps for access may be con-
structed so as not to obstruct the window. Any cellar or
vault in which a person passes the night is a dwelling under
this act. The act not to be in force as to cellars till one year 1
altar its pausing, nor till six months after its application to
anyrict
ITRIITS.—HANAGENENT OP STRICT.. All present or
future streets and highways, with their materials, are vested
in the local board, NEM duty it shall be to see that they ar
properly levelled, paved, flagged, channelled, and repaired,
and proper twits kept for the safety of foot passeagere.
Wilful injury, without consent of the board, to be pu-
nished by a fine not exceeding 61., and si. for every
foot injarod. Any present or future street (not
a highway) which is not properly sewed,
&c., mast be put in a proper state, on notice being serweies
owners or occupiers of premises fronting or abutting on the
defective parts of the street, and if the notice be not 00ellfaa
with., the local board may execute the works, and
costs upon owners, according to their frontage, and
advice of the surveyor, or by. arbitration.—ADOFllON OP
STAINTS. Any street (not a h4hway) which may have been
paved, &e., to the satisfaction of the local baud, may he
vdopted.by the board on public notice, and repaired after-
wards out of the rates;
.but the proprietor of a pinta
street may object within a mouth after peasirdis
notice.—Oes AND WATIII PIPES. The local
may compel any alteration in the position of gas
and WWI pipe, paying the cut out of the gement

district rata, unless there be legal liabilities on companies;
bat the use of the pipes is to is ermined unimpaired.—
LAYL•IO our or theorems. Before laying oat any new 'treat
a month's notice mast be given to the local board, with the
level and 'riddle( the street, which shall be fluid bythe lo-
cal board. ALL p s s eontrunaker this dare are liable to
a fine of 201, a day, and to have attendees made in their
property to Meg It late elmformity with the act and the
eon charged upon them. Bat If the nceise be not replied to
in one month parties may pressed to lay MK the street, and
should they feel themselves aggrieved by the peortedinss of
the local board they may appeal to the general board.—
Ineaovitto Braces. The load hoard may purchase
such premises as may be asedful for improving hues
of street ; but any portion more than necessary mast be re-
sold for the benefit of the district fund acmes&
PLIASERS OILOUNDL—The local basil w paritiese and
keep in order grounds for public recreate" or pay towards
the support of such grounds, provided by say puma whoa:-
surer, under approval of the general hoard.
WATER Borrev.—lt shall be lawful tor the lend bparl to
provide a constant supply, at pressure, of pare water for the
poppies of this art. It may erect new works, outran with
companies either for supply or lease of works, or it
may purchase water-works, It with the approval of the
general board. Bat before laying down any sew worke,
the local board must give amiss m wrung to all 'nitre co s-
parties within whose limits it requires a supply, Mating the
amount required, &c., and so Ica' as the erteepaarts can sup-
ply enough and on such terms as the general board shall
' deem reasonable, or as may be agreed on be_arbitration, the
local board cannot lay dowa Dew works.-.WATIR SUPPLY
or !louses. If, oa report to the surveyor, it appear to the
local hoard that any house is inadequately supplied with
water, and that it is possible to obtain a supply on term• not
exceeding twopence a week, notice to supply shall be given
to the occupier, and if this be not complied with the local
board may execute the nunnery works, and levy a water rata
not exceeding twopence a week, and charge the cost of works
as improvement expenses. Tne local board may supply water
for trading or meaufacturing purees .s, or for public baths or
wash-houses.—Oaarorrocs Buratto. The boil board may
usaintaiu and supply with water all cisterns, &c., for gra-
tallow use, and construe: such public works; and may also
supply all public baths and wish bouts grataitouely. In-
juring wicenwerks, or unlawfully diverting and appropri-
ating water shall be punished by fine ; but existing rights to
strums to be respected. Any person bathing, wa lung, or
throwing Impurities of any kind icto any water-works be-
longing to the local board, shall be punahed by fine; or
any gas or other manufacturer allevrieg refuse matter to in-
jure water, to be subject to heavy penalties.
INTERMSNTS AND BURIAL GROUNDS. RICIPTION-
110IIES POI TIM DEAD. The local board may provide
recepion-houses for the dead, and make by-laws for their
mutation • and may also, OR application, later demon,
and economically any corpse placed in snob reception-
hoe/co.—BURIAL-OEOIMM OVIRCROWDZO. If, on repre-
sentation from the local board, the general Beard of Health
issue and publish a certificate to the ett.ct that any burial-
ground, or vaults under a church, are overcrowded with
dead, so as to be douse/anus to health, no future interment
shall be permitted in the a, except in specific cases men-
tioned in such certificate, under a penalty of 201. The
general bona, before issuing the euraficate, must direct an
inquiry notified to the bishop of the diocese, and publicly
adverti;ed,to be made by a superintending inspector or other-
wise.—IXTIRMILNTS. No interment shall take place in or
under any place of public worship, builtafter the pasting, of this
act; and no burial ground shall be made in any district after
the passing of this act, or shall be used for interment, unless
on land purchued for the purpose before the passing of this
act, without consent of the general board, and under a
penalty of 501. and costs for each offence.
POICELSES LND CONTRACTS.—The local board may enter
into all purchases of land, &c., and contracts nurture), for
carrying out this act, and specify penalties for breach of con-
tract; but, before contracting, the surveyor shall furnish an
estimate of the cost and maintenance of togas, and oleo
report on the best manner of amtraeting. Ten days' public
notice of 'entracte above 1001. to be given.
RATE{.—SPECIAL DISTRICT RATE. Whenever any
sewerage or other permanent work is contracted for the
peculiar benefit of any district, or part of a district, the local
board shall levy a rate on ell premises in the district, or part
of a district, so as to repay the principal with the interest
within such a period, not exceeding 30 years so the local
board shall determine. Bat if the local board think that
oat; premises were wmerodealriaradomy stuhffieeireantetly
udraitrde ,
local
deem:too-
shall see fit, This rata is to be called the special
district rate.— DIOTRICT FUND ACCOUNT. A proper
account is to be kept of the district fund separate from other
account,, and the local board shall direct the application of
it. A general district rate, for purposes specified at the act, is
also to be raised by the local based.—PROPEATT ASSISSANLII.
The special and general district new are to be levied on the
occupier. of all property liable to poor-rates, cm the parochial
anbudt
all ii.thedinsoccut value,pb ftenu4re
gargles,
Dior,
our
rail-
a•ee4be:lBwayei:earinpnieezwid;;teaagdethflroarty:nrraasetese-terrthtoubauthdt.neoroefettrztutehistir:rnetnitth.lia?Rttles!itvastalpialei
{FICTIVE oa RETROSPECTIVII. Rates may be levied for pro-
spective improvements, err to pay the *sponse@ of improve meats
made within six months previous to the rate. Unoccu-
pied premises are not to be charged, and premises occupied
only tor • part of the term of • rate, to pass for the time of
occupation. Amusements may be levied on any pinion of a
district for specific purposes, and in such eases no ether
asseument shall be made fur similar purposes, sad rates for
purports common to two or more districts, shall be derided
equitably amongst them.—PitlTATß IMPROVEMENT RATIO).
Whenever the local board has incurred =pares for the
improvement of private property, it may levy a rate to repay
principal and interest in thirty years, to be called a private
improvement rate. It shall be levied on the tenant during
his occupancy, and when premises are vacant, on the
owner: To ISE DEDUCIID soon Rarer.: In all cases
where the occupier is raderented, he may deduot
three-fourth' of the private improvement rate from
the landlord, and in other cases in proportion. The
owner or occupier may redeem the rase.--WATia-RAIII.
The local board may levy a water rate on the net annual
value of premises on the occupier. In Oxford and Cam-
bridge the universities may be supplied by agreement. The
water-rate shall be payable in advance ; in default, the sup-
ply may be cut off, and expenses and previous liabilites
charged.—Conrourtost OP Barn. In houses under 101.
annual rent, or which are let to weekly or monthly tenants,
or in separate apartments, or when the rents ale colatistui
more fiequently than quarterly, then all rates under
this net may he levied by composition on the owner,
on between two-thirds and tour-fifths of the present as-
sessed value. Distress may be levied on the goods of the
owner, and if he cannot be found, on the oesapiers, but only
to the extent of rent due by them, whilh may be kept back
from any rent to be afterwards paid. Rates may be reduced
or omitted in eases of poverty. This an toot to affect exist-
ing leases or contracts.—ESTlllATß or RAT. &C. Before
levyinr a rate an estimate must be prepsred by the load
board of the amount required for the purpose contemplated,
and also the amount of rateable property, and doe notice for
seven days must be given, and the ratehook must be open
to public inspection, and take copies or extracts without
fee. The owner's name is not necessary when it is unknow n.—
Au END:LENT OP Raven, &C. All rates may be amended, and
amendments appealed against. hate' sh albs published, as
in the case with the poor rates, and all rates shall be made
In such form, to be collected by took persons, and in such
manner, as the local board shall direct ; and rata may be re-
covered before any justice within his own jurisdiction, or by
endorsement of warrant, in the jurialictiou of any other
justice. The Universities of Oxford and Cambridge have an
appeal to the general board.
klotroaoss.—Rates may be mortgaged. And the imm-
missiouers for advancing money on public works, &c., may
advance money on mortgage of the rates. Money may be
borrowed to pay off mortgages. Mortgages to be registered, sad
may be transferred, end the interest is to be paid hell yearly.
The local boards shall provide a sinking hand : the money to
be invested in government securities. and to be used in pay-
ing off mortgages. Huy money or interest is not paid for
six months, a newer may be appointed by two jounces, on
application of aggrieved parties.
IST-LANTS. By-laws made by the keel heard may
inflict a penalty not exceeding 51. and 21. a day.
They may be repealed or altered, and must be con-
firmed by one of the principal secretaries of tete and
a month's public notice before confirmation must be given,
and all by-laws must be open for Inapeodon, and written
copies furnished at the rata et sixpence for every 100 words.
They must be printed and exhibited iri the office of the local
bard,
ld ceTeagSir Rll Teoatt Aa—All
local application.
Pboards within their
district to be surveyors of highways? but existing surveyors
are to receive rates in wear. Notwithstanding the appliem-
lion of the present act, all elating liabilities to make sewers
and other public works shall continue. It shall not be lawful
for the local hoard to borrow any money on rates authorised
to be collected under this act, without consent of the general
board of health. Persons aggrieved by the summary reco-
very of expenses by the local board, or by their declaration
as to what are private improvement expenses, may appeal to
the general board, which may make a binding order ; and
also order the local board to repay any expenses to the person
it may have aggrieved.
GENERAL SEPERINTINDINCI.—The superintending In-
spector, during any inquiry for the purposes of this act, may
examine on oath any person whomsoever, and be may re-
quire public officers, poor law guardians, or commissioners,
to produce bAore him surveys, plans, sections, rate books,
and other documents, and he may take copies. A fine to be
inflicted for resistance to his order. All persons attending
an order of late inspector to be paid reasonable charge, and
no paean b: compelled to go further than ten nutestrom
his house. The swamis of local boards en to be audited by
the auditors of the corporate boroughs, or of the poor rate
in non-corporate distticts.
ASIBITRATION.—The act provides for the proper appoint.
meet of arbitrators and umpires.
Lanai PROCEEDINO3.- Damages, costs, or expenses of
this sat may be recovered before two lastioes and distress
may be levied on goods, &c. Penalties Incurred by broach
of this act, or of the by-laws of local boards, may be recovered
before two justices, and distress may be levied onAoods, etc.
If not sufficient to defray penalty endures the offender may
be committed for three months, or untilpayment be made.
In cases where one justice may act alone he shall have similar
power under this act. Proceedings to be by sum-
mons. A right of appeal is granted to the court
of general or quarter sessions assist any rata or
judgment under this act, on due notice being given ; and
the court say quash rates; bat no rate or proceeding can be
gushed for want of form. Common informers not to site
without consent of the Attorney-OeneraL Persons actingm
in execution of the ac: not to be personally liable.
boards in now corporate districts to sue and Do sued In name
of the clerk.

MacaLLANCOVS.—Any order of council may be slimed
or amended, sad the gg end board of health may alter m
ussed say seder, situ eussiastios; bst