Local Government Act 1858

Citation1858 c. 98
JurisdictionUK Non-devolved
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Primo & Vicesimo Secundo. An Act to amend the Public Health Act, 1848, and to make further Provision for the Local Government of Towns and populous Districts.

(21 & 22 Vict.) C A P. XCVIII.

[2d August 1858]

'WHEREAS it is expedient to amend the Public Health Act, 1848, and to make further Provisions for the Local Government of Towns and populous Districts inEngland :' 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; that is to say,

S-I Short Title.

I Short Title.

I. This Act may be cited for all Purposes as ‘TheLocal Government Act, 1858.’

S-II Interpretation of Terms.

II Interpretation of Terms.

II. The Word ‘Borough,’ or ‘Corporate Borough,’ when used in this Act, or in any Act conferring Powers of a public Nature on the Corporate Bodies of Boroughs by their Council, shall include all Cities, Ports, Cinque Ports, or Corporate Towns mentioned in the Schedules to the Act passed in the Sixth Year of the Reign of KingWilliam the Fourth, intituled An Act to provide for the Regulation of Municipal Corporations inEnglandand Wales, and all Boroughs incorporated by Charter granted or to be granted in pursuance of that or any subsequent Act.

S-III Limits of Act.

III Limits of Act.

III. This Act shall not extend toScotland or Ireland , and it shall not be adopted by any Place within the Limits of the Metropolis as defined for the Purposes of the Act of the Session holden in the Eighteenth and Nineteenth Years of Her present Majesty, intituled An Act for the better Local Management of the Metropolis.

S-IV Provisions of this Act and 11 & 12 Vict. c. 63. to be construed together.

IV Provisions of this Act and 11 & 12 Vict. c. 63. to be construed together.

IV. This Act shall be construed together with and be deemed to form Part of the Public Health Act, 1848: Words used in this Act shall be interpreted in the Sense assigned to them in the said Public Health Act: Byelaws framed under this Act shall be subject to Confirmation, enforced, and dealt with in all other respects as Byelaws under the said Public Health Act; and the Provisions of each of the said Acts shall, so far as may be consistent with the Provisions of this Act, respectively be applicable to all Matters and Things arising under the other Act.

S-V Period at which this Act to take effect.

V Period at which this Act to take effect.

V. This Act shall take effect from the First Day ofSeptember One thousand eight hundred and fifty-eight in Places where the Public Health Act, 1848, is already in force, wholly or partially: Provided always, that nothing in this Act shall affect the Qualification and Number of the Members of Local Boards of Healthin such Places, or any Power, Right, Privilege, or Liability of any Board of Improvement Commissioners exercising Powers of the Public Health Act, 1848, or of any Town Council or Local Board of Health, under or by virtue of any General or Local Act of Parliament other than the said Public Health Act.

S-VI Powers, &c. to be as under 11 & 12 Vict. c. 63., &c.

VI Powers, &c. to be as under 11 & 12 Vict. c. 63., &c.

VI. Local Boards under this Act shall, subject to this Act, have all the Powers, Rights, Duties, and Liabilities of Local Boards of Health constituted under the Public Health Act, 1848, and the Acts incorporated therewith.

S-VII Construction of Terms, for Purposes of this Act, &c., in Acts herein-after incorporated.

VII Construction of Terms, for Purposes of this Act, &c., in Acts herein-after incorporated.

VII. In the Construction, for the Purposes of this Act, of the Acts herein-after incorporated, the Expression ‘the Special Act,’ shall mean the Public Health Act, 1848, as brought into operation within the District, and this Act; the ‘Limits of the Special Act’ shall mean the ‘Limits of the District;’‘the passing of the Special Act’ shall mean the Date of the coming in force of this Act, or, in the Case of Districts under the Public Health Act, 1848, the First Day ofSeptember One thousand eight hundred and fifty-eight; and the Local Board shall, according to the Tenor of the incorporated Act, be deemed to be the Promoters of the Undertaking, ‘Town Commissioners,’ Commissioners, or ‘Undertakers;’ and all Penalties incurred under the incorporated Acts shall be recovered in the same Way as Penalties incurred under the Public Health Act, 1848, and be applied in aid of the Purposes of that Act and this Act.

S-VIII Sanction of General Board of Health to exercise of Powers of Local Boards how far necessary.

VIII Sanction of General Board of Health to exercise of Powers of Local Boards how far necessary.

VIII. Whenever the Sanction, Consent, Direction, or Approval of the General Board of Health is required by Law to the Exercise of the Powers of Local Boards of Health or Boards of Improvement Commissioners, such Powers may, from the First Day ofSeptember One thousand eight hundred and fifty-eight, be exercised without such Sanction, Consent, Direction, or Approval, or any Sanction, Consent, Direction, or Approval in lien thereof, except in so far as is provided by this Act: Provided always, that all Sanctions for the Mortgage of Rates given by the General Board of Health before the passing of this Act shall continue in full Force and Effect until all Monies the borrowing of which is thereby sanctioned have been borrowed.

S-IX Contracts, &c. made under any repealed Section of c. 63. of 11 & 12 Vict. may be proceeded with.

IX Contracts, &c. made under any repealed Section of c. 63. of 11 & 12 Vict. may be proceeded with.

IX. All Proceedings, Contracts, Matters, and Things respectively begun or made under any Section of ‘The Public Health Act, 1848,’ repealed by this Act, may respectively be proceeded with and enforced as if no such Repeal had taken place, and all Powers exercised or Byelaws made under any such Section shall continue in force until the new Powers and Byelaws authorized by this Act are brought into operation, and no such Repeal shall affect any Decree or Order of the High Court of Chancery, or of any other Court of Justice, that has been obtained previously to the passing of this Act.

S-X When Powers of 11 & 12 Vict. s. 114. c. 63., for Appointment of Receiver, may be exercised.

X When Powers of 11 & 12 Vict. s. 114. c. 63., for Appointment of Receiver, may be exercised.

X. The Powers of the One hundred and fourteenth Section of ‘The Public Health Act, 1848,’ for the Appointment of a Receiver, may be exercised in the event of a Failure to elect a Local Board, or of the Lapse of a Local Board from Death, Resignation, Disqualification, or otherwise, of the Persons elected to serve on such Local Board; and in case of such Failure or Lapse any Receiver appointed under that Section may make as well as collect and receive Rates as directed in that Section, or such Rates as are required to satisfy all Liabilities of the Local Board, and may receive and recover all Arrears due to the said Local Board, and apply the same to meet such Liabilities; and any such Receiver shall have the same Powers with respect to other Creditors of the Local Board as he has by the said Section with regard to Mortgagees.

S-XI Course of Proceeding in event of Failure to elect a Local Board.

XI Course of Proceeding in event of Failure to elect a Local Board.

XI. In the Case of any Failure to elect a Local Board, or of any Lapse of a Local Board as aforesaid, it shall be lawful for the Owners and Ratepayers of the District, by Resolution, as herein-after provided, for the Adoption of this Act, to proceed to Election of a new Local Board in the Manner provided by this Act, with the same Qualification of Members from Property or Rating as the lapsed Local Board, and the Result of such Election shall be signified to One of Her Majesty's Principal Secretaries of State by the Person conducting it, in the same Manner as is herein-after directed with regard to the Adoption of this Act; and all the Rights and Liabilities of the former Local Board shall attach to the new Local Board as if there had been no Lapse before the Election thereof, and from the Date of such Election all Powers of any Receiver to make Rates under the preceding Section shall determine.

As to Adoption of Act and Constitution of Local Boards .

As to Adoption of Act and Constitution of Local Boards .

S-XII Act to be adopted by Resolution of Council, Improvement Commissioners, or Owners and Ratepayers.

XII Act to be adopted by Resolution of Council, Improvement Commissioners, or Owners and Ratepayers.

XII. This Act may be adopted,

(1) (1.) In Corporate Boroughs to which the Public Health Act, 1848, has not been applied, by a Resolution of the Council assembled at a Meeting held for the Purpose: Provided always, that this Act shall not be adopted in Corporate Boroughs until after the Election of Councillors on the First Day of November One thousand eight hundred and fifty-eight:

(2) (2.) 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:

(3) (3.) In all other Places having a known or defined Boundary, by a Resolution of the O wners and Ratepayers:

But no such Resolution passed by any Council or Board of Improvement Commissioners shall be valid unless a Month's previous Notice of the Meeting, and of the Purpose thereof, has been given in manner in which Notices of Meetings of such Council or Board of Commissioners are usually given, nor unless Two Thirds of the Members present at the Meeting concur in the Resolution for such Adoption; and it shall be lawful for the Chairman of any such Meeting, with the Consent of...

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