Local Government Act (1858) Amendment Act 1861
| Jurisdiction | UK Non-devolved |
| Citation | 1861 c. 61 |
(24 & 25 Vict.) C A P. LXI.
[1st August 1861]
'WHEREAS it is expedient to amend ‘The Local Government Act, 1858:’' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Provision as to Costs of Proceedings with a view to adopting the Local Government Act, when that Act is not adopted.
1. Ratepayers or Owners making a Requisition for the summoning of Meetings for the Purpose of deciding as to the Adoption of ‘The Local Government Act, 1858,’ shall, if required, give Security in a Bond, with Two sufficient Sureties, for Repayment to the Summoning Officer, in the event of the Act not being adopted, of the Costs incurred in relation to such Meetings or Polls taken in pursuance of any Demand made at such Meetings, the Amount of the Security to be given by such Sureties, and their Sufficiency, and the Amount of such Costs, to be settled by Agreement between the Summoning Officer and such Ratepayers or Owners, or in the event of Disagreement between them by any Justice of the Peace acting in and for the Place in which it is proposed that the said Act shall be adopted.
2 Local Authority having Powers of Town Government may adopt Part of Local Government Act:
2. The Power of adopting any Part of ‘The Local Government Act, 1858,’ given by the Fifteenth Section of that Act to any Corporation or Body of Commissioners exercising Powers for sanitary Regulation under the Provisions of any Local Act, shall extend to every Local Authority invested with Powers of Town Government and Rating by any Local Act, by whatever Name such Local Authority is called, and the Words ‘Local Board’ or ‘Board of Commissioners’ as used in the said Local Government Act shall apply to such Local Authority: Provided always, that whenever the Members of such Local Authority are elected for Life they shall adopt, in lieu of the Provisions for Elections contained in the Local Act, the Provisions for and in relation to Elections prescribed by ‘The Public Health Act, 1848,’ and ‘The Local Government Act, 1858,’ and within One Month of such Adoption One Third of the Members of such Local Authority shall retire, the Order of Retirement to be fixed by the Local Authority, and the Election of Members in lieu of such retiring Members shall be governed in all respects by the said ‘Public Health Act, 1848,’ and ‘Local Government Act, 1858,’ and be conducted by the Chairman of the Local Authority: Provided also, that such Adoption shall not affect the Qualification fixed for Members of such Local Authority by the Local Act under which it is constituted, or the Qualification and Tenure of Office ofex-officio Members of such Local Authority.
3 Accounts of Improvement Commissioners acquiring borrowing Powers to be subject to Provisions as to Audit.
3. When any Board of Improvement Commissioners acquires Powers of rating or borrowing Money under the Fifteenth Section of the ‘Local Government Act, 1858,’ the Provisions in relation as to Audit of that Act, or of any Act amending that Act, shall be in force in the Case of such Commissioners, as if such Provisions were contained in the Local Act under which they are constituted; and when the Provisions as to Audit of such Local Act are repugnant to or inconsistent with those of the Local Government Act, or any Act amending that Act, then the Audit shall be conducted under the Provisions of the last-mentioned Act.
4 Local Board may exercise Powers of 11 & 12 Vict. c. 63. s. 45. for Purposes of Outfall, &c. on making Compensation.
4. Local Boards may exercise the Powers given by the Forty-fifth Section of ‘The Public Health Act, 1848,’ also without their District, for the Purpose of Outfall or Distribution of Sewage, upon making due Compensation, to be settled in the Manner provided in the One hundred and forty-fourth Section of ‘The Public Health Act, 1848:’ Provided always, that nothing herein contained shall give or be construed to give Power to any Local Board to construct or use any Outfall Drain or Sewer for the Purpose of conveying Sewage or filthy Water into any natural Watercourse or Stream until such Sewage or filthy or refuse Water be freed from all excrementitious or other foul or noxious Matter, such as would affect or deteriorate the Purity and Quality of the Water in such Stream or Watercourse.
5 Previous Notices of the intended Works before Commencement.
5. Provided also, That no Sewer or other Work shall be constructed or extended, under the Enactment lastly herein-before contained, unless Three Months at the least before the Commencement of such Work Notice of the intended Work, describing the Nature thereof, and stating the intended Termini thereof, and the Names of the Parishes, Townships, and Places, and the Turnpike Roads and Streets or Places laid out or intended for Streets, and other Lands, if any, through, across, or under which the Work is to be made, and naming a Place where a Plan of the intended Work is open for Inspection at all reasonable Hours, shall be given by Advertisement in One or more of the Newspapers usually circulated in the Place where the Work is to be made, and a written or printed Copy of such Notice shall be served in manner directed by ‘The Public Health Act (1848)’ on the Owners or reputed Owners, Lessees or reputed Lessees, and Occupiers of the said Lands, and on the Overseers of such Parishes, Townships, or Places, and the Trustees, Surveyors of Highways, or others, having the Care of such Roads or Streets.
6 If objection made Work not to be made without Sanction of Secretary of State.
6. In case any of such Owners, Lessees, or Occupiers, or such Overseers, Trustees, Surveyors, or others as aforesaid, or any other Owner, Lessee, or Occupier who would be affected by the proposed Work, object to such Work, and serve Notice in Writing of such Objection on the Local Board at any Time within the said Three Mouths, the proposed Work shall not be made or commenced without the Sanction of One of Her Majesty's Principal Secretaries of State, after such Inquiry and Report as herein-after mentioned (unless such Objection be withdrawn).
7 Inspector to be appointed to make Inquiry and report to Secretary of State.
7. It shall be lawful for the Secretary of State, upon Application of any Local Board, to appoint an Inspector to make Inquiry on the Spot into the Propriety of any such Work as aforesaid, and into the Objections thereto, and to hold One or more Meeting or Meetings for the Purpose of hearing all Persons desirous of being heard before him on the Subject of such Inquiry, and to report to such Secretary of State upon the Matters with respect to which such Inquiry was directed.
8 Yearly Sum to be paid for Premises without District drained into Sewer within District.
8. Where already or hereafter any Premises not being within the Limits of the District of the Local Board have a Drain communicating, directly or indirectly, with a Sewer within the District, and maintained by the Local Board, and any Sewage from the Premises flows into the Sewer, there shall (except in Cases where the Owner is entitled to use such Sewer without making any Payment) be paid to the Local Board in respect thereof such a yearly Sum as is agreed on between them and the Owner of the Premises, or, failing Agreement between them, as on the Application of the Local Board is determined by Two Justices; and the yearly Sum so agreed on or determined shall be Private Improvement Expenses, and shall be charged on the Premises, and be paid and recoverable accordingly, as if the Premises were within the District: Provided, that the yearly Sum so charged shall cease to be payable if and when the Connexion between the Drain from the Premises and the Sewer is discontinued, so that a proportionate Part thereof up to the Time of the Discontinuance shall alone be payable; but if after the Discontinuance the Connexion be re-established the yearly Sum shall again become payable, and so from Time to Time.
9 Provisio Repair of Highways in Parts of Parishes or Townships not included in Districts under Local Government Act as herein stated.
9. The Sub-division numbered (4.) in the Thirty-seventh Section of the said Local Government Act, 1858, shall be and the same is hereby repealed; and in lieu thereof be it enacted as follows:
(1) (1.) Where Part of a Township or Place not comprised within any District in which the said ‘Local Government Act (1858)’ is in force, and which Part is herein-after referred to as ‘the excluded Part,’ was, before the said Act came into force in such District, liable to contribute to the Highway Rates for such Township or Place, such excluded Part shall for all Purposes connected with the Repairs of Highways and the Payment of Highway Rates, be considered to be and be treated as if forming Part of such District:
(2) (2.) It shall be lawful for a...
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