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aUowInefs. *" persou by the Auditor under th^ Act sAiall be
paid by sudi person to the Treasurer of the
governing body within fourteen days afi^er the
same shall have been so certified, unJ^ss there be
an appeal against the decision ; and if sash^ sum
is not so paid, and there is no such appeal, the
Auditor diall recover the same from ^ person
against whom the same has been certified to be
due, by the like process and with the like powers

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Local Government {Ireland) Act, 1871. 1063

as in the case of sums certified upon the audit of '* * ?5o^"^*
the poor rate accounts,' and shall be Jpaid by the loca^
governing body all such costs and expenses, in- ^^JI^nt'*"
eluding a reasonable compensation for his loss of iIrkland)
time incurred by him in snch proceedings, as are tm.
not recovered by him from such person. —

14. For the purpose of any audit of accounts 'Po^tot
under this Act, every Auditor may, by summons rommon wit-
in writing, require the production before him of »<»«•■» *«.
all books, deeds, contracts, accounts, voochers, and

all other documents and pai>ers wWch he may
deem necessary, and may require any person
holding or accountable for any such bodks, deeds,
contracts, accounts, vouchers, documents, or
paj^ers, to appear before him at any such audit or
any adjournment thereof, and if thereunto
required by such Auditor to verify on oath or
affirmation (which oath or affirmation every such
Auditor is hereby authorized to administer or take)
.ibhe truth of all such accounts and statements from
time to time i-espectively, or subscribe a declai-a-
tion as to the correctness of the same.

15. If any person upon any examination under Poiuitiei for
the authority of this Act shall wilfully give false ftli^e?^! or
evidence, or wilfully make or subscribe a false roftwing to
declaration, he shtill on being convicted thereof*^**" ^"'**
suder the pains and penalties of perjury ; and if

any person shall refuse or wilftdly neglect to
attend in obedience to any summons of any
Auditor, or to give evidence, or shall wilfully alter,
suppress, conceal, destroy, or refuse to produce
any books, deeds, contracts, accounts, vouchers,
docxmients, or papers, or copies of the same, which
may be required to be produced for the purposes
of this Act, to any Auditor authorized by this
Act to require the production thereof, every
person so offending shall be deemed guilty of a
misdemeanour.

16. Every Auditor shall in respect of each audit Remancn
under this Act be i>aid, out of the funds of ^e ^^i^J^
town in respect of which such audit shall have

been held, such reasonable remuneration, not

• .S^c 1 k 2 Vic, c 56, s. 94, p. 70, and 10 Vic. c. 31, 8. t8. p. 105. (e



1064



Addenda,



r>UVCRN-

MRMT

(lliKLAirD)

ACT,

1871.

Xo««« of
nii'Iit, kc.



^* * 109^**^ being less than two guineaa for every day in
Local wMch he is employed in such audit, as the
governing body of such town may from time to
time appoint, together with his expenses of
travelling to and from the place of audit.

17. Before each audit of the accounts of any
town under this Act, —

1. The governing body of such town shall, after
receiving from the Auditor the requisite
appointment, give twenty days' notice erf
the time and place at which such audit
will be made, by advertisement in some
one or more of the public newspapers
circulated in such town ; and

2. The governing body of such town shall
cause a copy of the accounts which are to
be audited, together with all books, deeds^
contracts, accounts, bills, vouchers, and
receipts mentioned or referred to in such
accounts, to be deposited in the office of
the Town Clerk, or other proper officer, of
every such town, and the same shall be
open, during office hours thereat, to the
inspection of all persons interested for
seven days before the audit ; and all such
persons ^all be at liberty to take copies
of or extracts from the same without fee
or reward; and the production of the
newspaper containing such notice shall be
deemed to be sufficient proof of the notice
of audit on any proceeding whatever.

18. Within fourteen days after the completion
of the audit of the accounts of any town the
Auditor shall report upon the accoimts audited
and examined, and shall deliver or transmit such
report, with an abstract of the accounts, to the
Chief Secretary, and a copy of the same to the
governing body of such town, and the said
goveming body shall cause the same to be de-
lK)sited in the office of the Town Clerk, or other
proper officer, of such town, and shall publish
an abstract of such accoimts in some one or more
of the newspapers circulated in the district in
which such town is situate. r^r^n]r>

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PnblicatioD
of accounts.



Local Goveninieiit {Ireland) Act, 1871. 1065

AMENDMENT AND APPLICATION OP CERTAIN ACTS 34 & 35 Vic.

«•• 109,
RELATING TO PURLIC HEALTH. Local

. . . - rm « . A GOVKRN-

22. The sixtieth section of " The Sanitary Act, miwt
1866*," shall be and the same is hereby repealed, ^^"a^,^'''
and in lieu thereof be it enacted, thftt in Ireland >wi.
I)enaltie6 under the said Act and expenses or com- Rq)rtti of
pensation thereby directed to be recovered in a ^\*;2)^vic.
summary manner, and nuisances and other offences c. oo.
liable to be prosecuted summarily, shall be^^^^®^
i-ecovered and prosecuted with respect to the Police jnucr
Districtof Dublin metropolis, subject and according l, 90.

to the provisions of any Act regulating the powei-s
and duties of Justices of the Peace for such district
or of the police of such district, and with respect to
other parts of Irelandy before a Justice or Justices of
the Peace sitting in Petty Sessions, subject and ac-
cording to the provLaions of " The Petty Sessions
{Ireland) Act, 1851," and any Act amending the
same, and all penalties recovered by any authority
under the said Act shall be paid to them respec-
tively, and by them applied in aid of their
expenses under the said Act.

Any order authorized to be made by Justices
under the said Act shall be deemed to be an order
mode upon a complaint on which Justices are
authorized to make orders under the said Acts.

23. The provisionsof" The Sanitary Act, 1868^" Api>iic»tioii
and "The Sanitary Loans Act, 1869«," shall, not- .Th^s^fu^
withstanding anything in the said Acts to the con- '^*hl^' *
trary, apply to Ireland with the modifications fol- SMiurr
lowing, that is to say, the term " Sewer Authority " {^"^*'*'
in the said Acts shall have the same meaning that

it has in "The Sanitary Act, 1866'*;" the term
" local rate** in the said Acts shall have the same
meaning as it has in the eighth section of " The
Sanitary Act, 1868V Provided always, that in
any town where the Sewer Authority have not
the power to make any such local rate, the said
term shall include a rate which sudi Sewer
Authority is hereby authoiized to assess and levy,

« Page 415. b Page 1068. • Page 1078.
«» Pcge 3»1. • Page 1077.

2z3

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1066 Addmda,

'* * ^m^' ^^^ wl^ch rate dball be asseseed upon and leried

Local from the persons and in the manner and with the

^^^2^' like remedies in case of de£uilt in payment as if

(iKst^ND) the iato wero a general ye&iiy aasesament made

tm. ^7 Oommissioiiers acting in the execution of ihit

— principal Act under the authority of lioctioii sixty

of the said Act.

Penalties under any provisions ineofporated
with " The Sanitary Act, 1868," shall be recovered
and applied in like manner as penidlies under ^^ The
Sanitary Act, 1866*."

All powers relating to the execution of the said
Acts in England, and by the same vested in one
of Her Majesty's Principal Secretanes of State,
shall, with re^^trd to the execution of the said
Acts in Ireland, be vested in the Lord lieutenant.
Exception of 32. Notwithi^nding anything in this Act
MMty'Sf^^ contained, no provision of the same shall be held
Dublin under to ext^id OT to be applicable to any town within
uoien with*' the oouuty of Dublin wherein the goveming body
content. ju^y^ ^^h constituted and are now acting under
the provisions of any special Act, imleas and
until sudi sanction, consent, and approval shall
have been given to the adoption of such {MnmskNi
by a special resolution of Ihe persons qualified to
vote at any electicm of the members of the govern-
ing body of such town, to be passed at a meeting
summoned as herein-aftei* mentioned.

. Bnt see sec. SS of this Act, p. IOCS.



^ [SCHEDULC

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Sanitary Act, 1808.



lOG^



Schedule.



Doaeription of Places.



The city of Dublin,



Towns corporate, \ritli excep-
tion of Dublin.

TcMVM haviBg Commissioners
appointed by virtue of an
Act made in the 9th year of
the reign of George IV., in
tituled *'An Act to make
provision for the lighting,
Cleansing, and AVatchingof
Cities and Towns Corporate
and Market Towns in Ireland
in certain cases."

Towns having Municipal Com-
missioners, under 3 & 4 Vic.
c. 108.

Towns having Town Commis-
sioBers under *^The Towns
Improvement {Ireland) Act,
1854" (17 & 18 Vice. 103),
or under any local Act.

Townafaipe having Commis-
sionera under looil Acts.



Description of
Governing Body.



34 Jc 3;> Vic.

C.109.

Local

Govjcaw*

MZNT
('RKiaNOi

Act,
U7I.



The Right Honorable the I^ird
Mayor, Aldermen, and Hnr-
geases, acting by the Town
Conncil.

The Mayor, Aldermen, and
Burgesses, acting by the
Town Council.

The Commissioners.



The Manicipol Commissioners.
The Town Commissioners.

The Town^ip Commissioners.



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10(]8



Addoula,



31 & 32 Vict. Cap. 115.



31 «: 3J Vic.
o. 115.

S'.* XITAK V

aVV, 1868. An Act to amend " The Sanitary Act, 1866.'



[31«< July, 1868.]



29 & 30 Vic.



HhoTi title.



Application
of Act.

Definitioa
of **S«wor
Authority."



Power to
Sewftr
Authority
ill rcUtioii
to priTies.



Whereas it is expedient to make further pro\-i-
sion for the removal of refuse matter from dwelling-
houses, and to amend " The Sanitary Act, 1866' 'P
Be it enacted by the Queen's most Excellent Ma-
jesty, by and with the advice and consent of the
Loixls Spiritual and Temporal, and (Commons, in
this present Parliament assembled, and by the
authority of the same, as follows : —

1. This Act may be cited for all purposes as
" The Sanitary Act, 1868."

2. This Act shall not extend to Scotland or
Ireland^.

3. " Sewer Authority" in this Act shall have
the same meaning as it has in ^' The Sewage Uti-
lization Act, 1866*."

4. The following sections of "The Public Health
Act, 1848," as amended by any subsequent Act of
Parliament, that is to say : —

(1.) The fifty-first section, requiring every new
house and every house pulled down to or
l)elow the ground floor and rebuilt to have
a sufficient watercloset or privy and ash-
pit ;
(2.) And the fifty-fourth section as amended by
any subsequent Act of Parliament, pro-
viding that the Local Board of Health
shall see that drains, waterclosets, privies,
and ashpits within their district do not
become a nuisance ;
shall extend to the district of every Sewer Au-
thority in which there is no enactment of any



* Page 891.

*> Extended to Ireland by the 33rd section of <
Government (Ireland) Ad,** fee p. 1065.

* Page 4«1.



The Local



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Sanitary Act, 1868. 1069

public or private Act of Parliament to the like ^J * ^\^^'
effect in force ; and the said sections when so sanitary
extended shall be construed in reference to the '^"» ^^^-
district of any Sewer Authority as if the ex-
pression " Sewer Authority" were inserted therein
in the place of the expression '^ Local Board/' and
any officer for the time being appointed by the
Sewer Authority to examine any premises shall
be deemed to be the Surveyor within the meaning
of the said sections.

Where the Sewer Authority and the Nuisance
Authority of a district are different bodies of men,
the jurisdiction of the Kuisance Authority shall
cease within such district in relation to all matters
within the purview of the said sections of the
'* PubKc Health Act, 1848 ; " and any Sewer Au-
thority to whose district the said sections are
extended making default in enforcing their pro-
visions shall be subject to proceedings Tinder " The
Sanitary Act, 1866," in the same manner as if
it had made defaidt in providing its district with
sufficient sewers.

5. A Sewer Authority shall within their district Power
have all the powers vested in a Local Board by the ^JSoritirs
thirty-second section of "The Local Government to ■«»era«^'«
Act, 1858," as amended by any subsequent Act of
Parliament, so feu: as relates to —

(1.) The removal of house refuse from premises ;

(2.) The cleansing of privies, ashpits, and
cesspools;
and the paragraphs numbered 1, 2, and 3 of
the said section shall be XK)nstrued in reference to
the district of any Sewer Authority as if the ex-
pression "Sewer Authority " were inserted therein
in the place of the expression " Local Board.'*

Where the Sewer Authority and the Nuisance
Authority are different bodies of men, the juris-
diction of the Nuisance Authority in such district
shall cease in respect to all matters over which the
Sewer Authority acquires powers by this section,

6. The provisions of the " PubKc Health Act, ineonxn*-
1848," relating to private improvement expenses, Ti^oS.Sr"
9A amended by any subsequent Act of Parliament, " * 12 vi«

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1070 Adde^xda,

'* c uZ'*^' *^^ ^ deemed to be incorporated vitL ttis Act,

&kNrrARY so £eu: as may be required for carrying into efiact

AcT^jW8. j^y proTision of tliis Act.

••63. M to 7. Any enaciment of any Act of Fariiameat in

proronent force in any place requiring tibe oonstruciaon of &



inratereloset shall, with the approval of t^ Ix>cal
mt?^^I^-*" Authority, be satisfied by the construction of an
**^ **^J»d* ®*rt^-<5loset, or other place for the reception and
in»tMd of deodorization of foecal matter, made and used in
wat«reio«»ti. accordance with any r^ulation from time to time
issued by the Local Authority.

The Local Authority may as respects any hotises
in which such earth-closet» or other places as af<nne-
said are in use with their approval, dispense with
the supply of water required by any contract or
enactment to be furnished to the waterdosets
in such houses, on such terms as may be agreed
upon between such Authority and tiie p^^ons or
body of persons providing or required to provide
such supply of water.

The Local Authority may themselves undr^rtake
or contract with any person to undertake a supply
of dry earth or other deodorizing substance to
any house or houses within their district for tiie
purpose of any earth-closets or other places as
aforesaid.

The Local Authority may themsdves constaruct
or require to be constructed earth-^osefts or otiber
such plaoes as aforesaid in all cases where, under
any enactment in force, they might construct
waterclosets or privies, or require ^he same to be
constructed, with this restriction, tint no penon
shall be required to construct an earHmdoaet or
other place as aforesaid in any house instead
of a watercloset if he prefer to tximply wi^ the
provisions of the enactment in force requiring
the eonstruction of a watercloset, und a su]^^
of water for other purposes is fumidied to such
house, and that no person shall be pnt to greater
expense in constructing an earihK^oset or etSier
place as ftforesud than he wouM be put to by
compliance with the provisions (^ any enactment
as to waterclosets or privy accommodation wliidi

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Sanitary Act, 18G8. 1071

lie might have been compelled to comply with if 8» & 32 Vt« .
this section had not been passed. ^nxky

" Local Authority " shall, for the purposes of ^^* ^^'*-
this Act, mean any Local Board and any Sewer
Authority.

8. Whereas by the forty-ninth section of "The Pro^^on for
Sanitary Act, 1866," power is given to one of S^n^^jV
Her Majesty's Principal Secretaries of State in l^f^.**" "^
case of any Sewer Authority, Local Board, or
Nxdsaaice Authority making default in performing
the sanitary duties specified in the said section,
and imposed on them by Act of Parliament, to
appoint a person to perform the same, and to
direct by order that the expenses of performing
the same, together with a reasonable remimeration
to the ])erson appointed for superintending sudi
performance, and amounting to a sum specified in
the order, together with the costs of the proceed-
ings, shall be paid by the Authority in default,
and that any order made for the paymwit of such
costs and expenses may be removed into the
Court of Queen's Bench, and be enforced in the
same manner as if the same were an order of such
Court : And whereas it is expedient to make fur-
ther provision for enforcing payment of any sum
so specified as aforesaid in the order of the
Secretary of State, together wilii the costs of the
proceedings occasioned by the default made in
payment of such sum* :

Be it enacted, that the sum so specified in the
order of the Secretary of State, together with the
costs of the proceedings, shall be deemed to bo
expenses properly incurred by the Authority in
de&ult and to be a debt due from such Authority,
and payable out of any moneys in the hands of
sadi Authority or their officers, or out of any rate
applicable to the payment of any expenses properly
incurred by the defaulting Authority, and which
rate is in this section referred to as the local
rate ; and in the event of any Authority refusing
to pay any such sum with costs as aforesaid for a

% Page 409.

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1072 AJdeiuIa.

31 * ** J^'**^- period of fom-teen days after demand, the Secretaxy
sa'^^itarv of State may by precept empower any person to
ACT, 1868. jg^y y^j g^^ Q^^ q£ ^^ local rate such sum (the

amount to be specified in the precept) as may, in
the opinion of the said Secretary of State, be
sufficient to defray the debt so due from the
defaidting Authority, and all expenses incurred
in consequence of the non-payment of such debt ;
and any person or persons so empowered shall
have the same powers of levying the local rate,
and requiring all officers of the defaulting Author-
ity to pay over any moneys in their hands, as the
defaulting Authority itself would have in the case
of expenses legally payable out of a local rate to
l>e raised by such Authority ; and the said person
or persons, after repaying all sums of money so
due in respect of the precept, shall pay the over-
plus, if any, (the amount to be ascertained by the
Secretary of State,) to or to the order of the
defaulting Authority.
A .tow- 9. Penalties under any section incorporated

iiiJ^niiUiefc with this Act shall be recovered in manner
directed by the Act passed in the Session holden
in the eleventh and twelfth years of the reign of
Her present Majesty, chapter forty- three.

All powers conferred by this Act shall be
deemed to be in addition to and not in derogation
of any other powers conferred by any other Act
of Parliament, and any such other powers may be
exercised as if this Act had not passed.

Nothing in this Act contained shall be deemed
to exempt any person from any penalty to which
he would have been liable if this Act had not been
jmssed:

Provided that no person who has been adjudged

to pay any penalty in pursuance of this Act shall

for the same offence be liable to a penalty under

any other Act.

Amcndrneni 10. The Sewcr Authority, or in the metropolis

29kw%ie. *^® Nuisance Authority, shall have the like

<'-sw. power to make provision for the temporary

supply of medicine and medical assistance for the

poorer inhabitants as it now has to



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Sanitary Loans Aciy 1869. 1073

hospitab or temporary places for the reception '* * ns^'*^*
of the sick under the* thirty-seventh section of sajhtakt
"The Sanitajy Act, 1866'," but such power to -^^^s-
make provision for the temporary supply of
medicine and medical assistance shall not be
exercised without the sanction of Her Majesty's
Privy Council.

1 1, In the construction of the first part of " The Conrtruction
Sanitary Act, 1866," *; owner" shaU have theJJS^?*"
same meaning as it has in the second part of the ?J^*t^ ^^^
^d Act; and notices may be served for the
purposes of the first part of the said Act in the
same manner in which they are required to be
served under the second part of the said Act.



32 ik 33 Yicr. Cap. 100. 32 & 33 vic

c 100.

An Act to facilitate the borrowing money in loans act,
certain cases for the purpose of " The Sanitary ^'
Act, 1866," and the Acts amending the same ;
and for other purposes.

[Wtk August, 1869.]



Whereas by "The Sanitaiy Act, 1866,"*' "The
Sewage Utilization Act, 1867," and "The Sani-
tary Act, 1868,"" one of Her Majesty's Principal
Secretaries of State is empowered, in case of any
Sewer Authority, Local Board, or Nuisance
Authority making default in performing their
duty in relation to the sanitary matters therein
mentioned, to appoint a person to perform the
same, and it is by the said Acts provided that the
person so appointed should be invested in the
performance of his duties with all the powers of
the Authority in default, and that the expenses
of the performance of such duties shall be a debt

P»ge 405. »> Page 409. « Page 1071.

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1074 Addenda.

^ t^oflL '*^ ^^® ^^ ^® Authority m defaiilt and rejmjabk
SAioTAMr out of any local rate leviable by them :
^1*69!*^* And whereas it is expedient to give fiirUier
— facilities to the said Secretary of State in oanying
into ef&ct the provisions of the said Act :

Be it enacted by the Queen's most Exoelkiit
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 : —
sLort title. 1. llus Act may be cited as "TheSanitaiT

Loans Act, ISeQ."
AppiicftUon 2. This Act shall not extend to Scotland or

Ireland^,
DofiniUon 3. " Sower Authority," "Local Board," and

Antuorii}." " Nuisance Authority " sfaidl have the same
meaning as they respectively have in " The Sani-
tary Act, 1868^"and "Local Authority" shall
indude all the said Authorities.

" Local rate " shall have the stme meaning as

it has in the eighth section of " The Sanitary Act,

1868*.'*

C«rtific»t« of 4. One of Her Majesty's Principal Secretaries

ItSni'to^ of State'* may, from time to time, certify under

ozpenMsand his hand the amount of expense that has been

loan?. incurred, or an estimate of the expenses about

to be incurred, by any person appointed by the

Secretary of State for the purpose of performing

the duty of a defaulting Local Authority; 1m*

may also, from time to time, oertify under his

hand the amount of any loan required to he

raised for the purpose of defraying any expense

that may have been so incmrred, or is estimated

as about to be incurred ; and the certificate of the

said Secretary of State shall be conclvsive m t<>

the jnatters to which it refers.

Power of 5. Whenever the said Secretary of State*

statetobor Certifies any loan to be required lor the purpose

» ISixttmded to Irelnd hy the Mrd see. of ** The Lool QoTmrn-
mmt (IrtUnd) Ast,*' tee p. lOM.

b Page 1068. • Page 1071.

'^ The powers of the Secretary of State under this Aet ece br
the S8rd Mc. of ** The Local Gorenuaent (Irelaad) Aat,** Tested
in the Lord Lieutenant, see p. 1065.

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Sanitary Loans Act, 18G9. 1075

of defraying any expenses incurred or to be '^ * loo^ **^'
incurred in the performance of the duty of a SANn^KY
defeulting Local Airthority, tbe PubUc Works ^""^^t"^'
Loan OomBQissioners, as defined for the purposes —
of "The Public Works Loan Adb, 1853," may, in t^J^j
manner and subject to the profvisions of the said p^nw**""-
Act, and the other enactments relating to the
said Ck>mmijBsioners and applicable to the case,
advance to the said Secretary of Stated, or to any
pm^9on appointed by him as aforesaid, t^e amount
of the loan so certified to be required on the
security of the local rate, without requiring any
oi^er security, and the said Secretary of State*,
or the person so appointed as aforesaid, may, by
any instrument under his hand, charge the local
rate with Hie repaymoit of the principal and
interest due in respect of such loan, and any



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