Act was permissive. The provisions might be adopted in any parish by resolution of the vestry duly convened for that purpose. There are still 194 parishes, not included in urban sanitary districts, which are partially governed under it. In 1847 the Towns Improvement Clauses Act, the Towns Police Clauses Act, the Water-works Clauses Act, the Gasworks Clauses Act, with several similar Acts, were passed for the purpose of consolidating and generalising the provisions usually required in local Acts for various public purposes. Their object is to supply model clauses, which can be adopted by reference into local Acts. With a few exceptions their provisions have been adopted into all subsequent local legislation. There are still about fifty Improvement Act districts. In 1848 was passed the first great and comprehensive measure-a measure which may be called the foundationstone of our national sanitary legislation. The Public Health Act of 1848 did not apply to the Metropolis, but was intended mainly for other large towns and populous places. It created a General Board of Health, the members of which were appointed by the Crown, and they were empowered to appoint inspectors to see that the provisions of the Act were carried out. The General Board of Health were empowered to create (through the machinery of an Order in Council) local boards of health. In places where the rate of mortality was exceptionally high the Board of Health might act of its own motion; but in ordinary cases it could only act on the petition of the ratepayers. In municipal boroughs the Town Council was constituted the local board. In other places the board was elected by the ratepayers. Certain specified powers were conferred on all local boards, and the General Board of Health were authorised to vary local Acts by provisional order.1 In particular, local boards were empowered to construct and manage sewers, drains, wells, water and gas-works, deposits of refuse, closets, and slaughter-houses; to regulate offensive trades, to remove nuisances, to protect water-works from pollution, to pave and regulate streets, to regulate dwellings and common lodging-houses, to provide burial and recreation grounds, and to supply public baths with water. Between 1848 and 1875 some thirty Acts were passed amending or extending the Act of 1848, but three only need be specially referred to. The Local Government Act of 1858 enabled a local board to be created by the resolution of the ratepayers of any place having a defined boundary without the intervention of the Board of Health. That Board was allowed to expire, and its remaining functions were divided between the Home Office and the Privy Council. In 1871 the public health powers of the Home Office and Privy Council were • transferred to the newly-created Local Government Board. The Public Health Act of 1872 divided the country into urban and rural sanitary districts, and constituted the guardians the rural sanitary authority. Up to that date the guardians had been the authority to exercise in rural places the powers under the various Acts relating to the removal of nuisances. The vestries, on the other hand, had been the rural sewer authorities, and as such had had various other sanitary powers conferred upon them. 1848 and twenty-nine of its amending Acts, and reenacted them in an intelligible form. It does not apply to the Metropolis, but it forms the sanitary code of the rest of England. Two short amending Acts have been passed-one in 1878 relating to water supply in rural districts, and one in 1879 relating to burial grounds; but, with these exceptions, the law of general application relating to sanitary matters is to be found in the Act of 1875. I. The Urban Sanitary District. We must now proceed to describe the constitution, powers, and duties of the existing sanitary authorities as determined by that code of 1875. We need not consider separately the cases where the town council of a borough, or the Improvement Commissioners of an Improvement Act District constitute the Urban Sanitary Authority. The constitution of the town council is regulated by the Municipal Corporations Act, 1882, and that of the Improvement Commissioners by their special Acts; but as regards their powers and duties, they have, in addition to their own proper jurisdiction, all the powers and duties of an ordinary local board.1 With this explanation we may at once proceed to deal with the Local Board as the typical urban sanitary authority. A local board, when constituted, is a corporation having a corporate name, under which it may sue and be sued, a perpetual succession and common seal, and power to hold lands in mortmain. It may, under certain circumstances, be dissolved by the Local Government Board by Provisional Order. The area under the jurisdiction of a local board may likewise be altered by Provisional Order. 1 By sec. 341 of the Act of 1875 the powers given by that Act are cumulative. A local board may be created in two ways:- First, the Local Government Board may, by Provisional Order, declare that any rural district, or any part thereof, shall be constituted a local government district; and thereupon the district becomes subject to a local board, to be elected as prescribed by the Act.1 Secondly, the owners and ratepayers of any district having a defined boundary may, under certain regulations, pass a resolution declaring it expedient that the district should be constituted a local government district. The Local Government Board may then, by a simple departmental order, constitute the district an urban sanitary district, and order the election of a local board. When a new urban district is thus constituted, the Local Government Board defines its area, decides whether or no it shall be divided into wards, determines the number of members who shall constitute the local board, and issues regulations for the first election. After the local government has been started by the central authority, the elections are regulated by the Act. The persons entitled to vote are owners and ratepayers. In order that non-resident owners, whose property of course may be very much affected by the action of the board, may have their say, it is provided that owners may vote by proxy. An owner claiming to vote as such, or desiring to appoint a proxy, must send in a claim; and a register of owners and proxies is directed 1 Act of 1875, sec. 271. to be kept. If an owner be resident, he is entitled to vote both as owner and as occupying ratepayer.. The system of plural voting prevails. Each owner and ratepayer has from one to six votes, according to the rateable value of his property. A resident owner may vote both as owner and ratepayer, so that, if his property be sufficient, he may have as many as twelve votes.1 corporation, though it pays rates, has no vote. A In order to be eligible as a member of a local board the candidate must reside in or within seven miles of the district, and must possess the required property qualification. The qualification varies according to the population of the district. If the district contains less than 20,000 inhabitants, the property qualification is £500, or a ratal of £15. If the district contains more than 20,000 inhabitants, the property qualification is £1000, or a ratal of £30. Bankruptcy is a disqualification. Members of the local board hold office for three years, one-third going out every year by rotation. Retiring members are re-eligible. The members of the board elect their own chairman, and are unpaid. The chairman of the board is the returning-officer for elections. He must so make his arrangements that the election may be completed before the 15th of April in each year. He also acts as revising-officer for the purpose of revising the register of owners and proxies. Candidates must be nominated in writing. If there 1 The scale is-Rateable value under £50, one vote; over £50 but under £100, two votes; over £100 but under £150, three votes; over £150 but under £200, four votes; over £200 but under £250, five votes; for £250 and upwards, six votes. |