The Sun.
London, England, 1858-10-26 00:00:00

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On the same , 4y, mg.
2) another act was pased, cap. 98, " to' ameml. the
Public Health Act, 184.8, and. to make furtheF pro-
; visions for the local government of towns and popu-
lous districts:" This statute is degitliatta " The
Local Gwerument Act;'? and ppViSithis'cle not
extend to: Scotland _or Ireland; nor to any place
within the limits of the metropolis-as tlefuledi by
the Metropolis Local Management Act. Tlier! are
83 sections in the new law, and they axe to be con-
strued together, and to form part of the. Public
Health Act, the 11th and 12th Viet., cap.,63. :IThe
act took effect from the Ist of September last in
places where the Public Health Act was in force,
wholly or partially. Local boards under this act
are to have the same powers as local boards
of health constituted under the General Health.
Act. Local boards of health, or improvement com-
missioners, requiring 'the sanction of the General
Board of Health, are to exercise the powers with-
out such sanction under this act. In the case of any
failure to elect a local board, or of a lapse of a.
local board, the. ratepayers of a district, by resolu-
tion, may, for_the adoption of the acjiproceed to
the election of a new local board. The act is divided
under several heads. It may be adopted in corpo-
rate boroughs in which the Public Health Bill of
.1848 has not. been applied by a resolution of the
council assembled at a meeting .held for the pur-
pose ; in other places, under the jurisdiction of a.
board of improvement commissioners, where all or
part of the commissioners are elected by ratepayers
or by owners and ratepayers, by a resolution of
such improvement commissioners assembled at a
meeting- held for the purpose ; in other places
having a known or defined boundary, by a resolu-
tion of the owners and ratepayers. A month's
notice- of suclr- meeting is to be- given, and two-

thirds of the members must concur in the reso-

lution for adopting the act. The chairman,
with the consent of a majority of the members
present, may adjourn the same from day to
day. Meetings for the purpose mentioned are to be
summoned on the requisition in writing of any 20
ratepayers or owners : in corporate towns by the
mayor, and in other places under the jurisdiction of
improvement commissioners by the chairman, and
in places having defined boundaries, not being cor-
porate toroughs or towns, by the churchwardew or
one of them ; or if there is no such officer, or if he
neglects, is unable, or refuses to perform the duties
imposed, by any person appointed by the Secretary
of State. Notice of such meeting is to be given in
some one or more of the newspapers circulated in
the place, by causing such notice to be affixed to the
principal doors of every church and chapel in the
place. The meeting on its assembling together is
to choose a chairman. The chairman is to propose
the resolution for the adoption of the act, and the
meeting is to decide for or against its adoption. An
owner or ratepayer may demand that the question be
decided by a poll of the owners and ratepayers, arid
such poll is to be taken by voting papers. Any person
fabricating or altering a paper, or personating
any person entitled to vote in a voting paper, is to
be liable to imprisonment for three months, with or
without hard labour. Any corporation, &c., exercis-
ing powers for sanitary regulations may, by resolu-
tion, adopt part or parts of the act. Any place not
having a known or defined boundary may petition
the Secretary of State to settle its boundaries for the

purposes of this act. The Secretary of State is to
institute an inquiry into the genuineness of the peti-
tion, and may either dismiss it or make order as to
the boundaries of the place, and also make order as
to costs. Any place may adopt the act when the
boundaries are settled. An appeal is given to the
Secretary of State by one-twentieth in number of
owners and ratepayers against the adoption of the
act, when a resolution has been passed for that pur-
pose, and the Secretary of State is to direct an in-
quiry. When a resolution has been passed adopt-
ing the act notice is to be given to the Secretary of
State, and in newspapers and on the doors of
churches and chapels. When the time of appeal has
expired, or an appeal is dismissed, the Secretary of
State is to give notice in the London Gazette. The
act is to come into force in two months after the re-

solution for its adoption. The costs relating to the
adoption of the act and the expenses incurred as
ordered by the Treasury are to become a charge
upon the general district rates,
_ and to be repaid to
the Treasury by annual instalments. The duty of
carrying into execution the act is to vest in local
boards, with explanatory directions on the subject;
and on the election of such local boards they are to
have full powers over sewage, which may be stored,
disinfected, or distributed so as not to create a
nuisance. The statute then proceeds to point out the
manner in which orders may be obtained from jus-
tices for cleansing foul and offensive watercourses or
open ditches. Local boards are empowered to cleanse
or contract for cleansing and watering streets and
other sanitary matters. Penalties are to be imposed
on persons not removing, or obstructing the re-
moval, of things ordered. A local board may
make bye-laws for the prevention of nuisances
arising from snow, ashes, &c., or of the keeping
of animals so as to be injurious to the public
health. A local board is also empowered to make
bye-laws as to the construction of new streets, and
provisions for the sewerage ; also as to the struc-
ture of walls for securing stability and the preven-
tion of fire, to secure a free circulation of air, and
with respect to ventilation and other objects of a
sanitary character. Buildings are to be regulated
by local boards, and they may purchase premises
for the purpose o£ making new streets. There are
also directions as to highway repairs, respecting
the consumption of smoke, the making of new
streets and roads, the making of new bridges and
the improvement of existing bridges over or under
canals and railways, &c. Local boards are also em-
powered to enter into agreements with turnpike
trusts for the repair of roads, &c. The provisions
of " The Towns Police Clauses Act" are incorpo-
rated with this Act with respect to obstructions and
nuisances in the streets, with respect to fires, with
'espect to places of public resort, with respect to
hackney carriages, and with respect to bathing.
Further, the provisions of " The Towns' Improve-
ment Clauses Act" are incorporated with respect to
the naming of streets and the numbering of houses,
with respect to improving the line of streets and
removing obstructions, with respect to ruinous or
dangerous buildings, with respect to precautions
during the construction and repairs of the sewers,
streets, and houses, with respect to the supply of
water, with respect, to the prevention of smoke, and
also with respect to slaughter-houses and clocks.
They arc to be burial boards and to establish mar-
kets. Instructions are given as to the mode of as-
sessment of general district rates, and certain pro-
perty is only declared assessable at one-fourth its
annual value. Money may be raised on the rates.
Accounts are to be audited and published, and dis-
allowances may be removed by certiorari into the
Court of Queen's Bench. With respect to legal
proceedings, the notices are to be signed by the
clerk of a local board. It is provided that the ex-
penses due from the owners of premises are to be
imposed
on charge on the same. Penalties are to be
on injury to works of local boards, and such
penalties are payable to the district fund account.
There are saving clauses in the Act with respect to
the rights of the Crown in works; also with respect
to the proprietors of canals, with respect to water
companies, dock companies, and others. Regula-
tions are made with regard to the purchase of land,
and the local boards are to petition the Secretary
of State upon certain matters as to the purchase of
land and taking of land ; and all local boards are
annually to report to the Secretary of State their
proceedings with the money received and expended
and to publish the same in a newspaper. Local
boards may petition the Secretary of State for in-
corporation, separation, and alteration respecting
districts, and the Secretary of State may make pro-
visional orders; after proceedings have been adopted,
to ascertain the opinion of the owners and rate-
payers. Local boards may borrow money to
complete works on the rates, with the sanc-
tion of the Secretary of State. '1" It shall be
lawful for the Secretary of State to report
annually to Parliament .on the execution of
this Act, to make or direct such inquiries
as are directed by this Act, and to appoint from
time to time such officers, clerks, and servants
•as he may require for the purposes of this Act, and
at his pleasure to remove any such officers, clerks,
or servants, and the Commissioners of her Majes-
ty's Treasury shall fix the salaries and allowances
of such officers, clerks, and servants." Any officer
directed by the Secretary of State is to thehaN:e
same powers as an inspector under the Public Health
Act. The Oxford and Cambridge Commissioners
are constituted local bodies within their respective A
districts in the event of their adoption of the et.
The boards are to be elected partly by the Univer-
sities and also by the town council. For Oxford
the local board is to consist of the .ice-Chancellor,
the Mayor, and 45 commissioners, of win chnumber
14 are to be elected by the ratepayers. In ti :e event
of any differences between. either of the Universi-
ties of Oxford and Cambridge within the meaning.,
of the 105th section of the Public Health Act, such
differences are to be settled bparbitration in the
manner provided.
There are two forms in a eche-
dale annexed to carry out the Act, the object of .
,which Act is to enable local boards to execute con
siderable improvements and sanitary regulations in'.
large towns and populousplaces, under rcgulationsi)
without an application in the rst instance to the
=Wive Government of the country.