The Public Health Acts, 1848 and 1849; (11 & 12 Vict. c. 63, and 12 & 13 Vict. c. 94,) : together with an analysis, forms, &c. / By Thomas William Saunders.

  • Saunders, Thomas William, 1814-1890.
Date:
1849
Catalogue details

Licence: Public Domain Mark

Credit: The Public Health Acts, 1848 and 1849; (11 & 12 Vict. c. 63, and 12 & 13 Vict. c. 94,) : together with an analysis, forms, &c. / By Thomas William Saunders. Source: Wellcome Collection.

    27/286 (page 11)
    town of any consequence having some local act which will take it out of the first branch of the section and render a provisional order alone applicable, indepen- dently of the numerous cases in which it wall be thought advisable to alter the limits from those from which the petition has proceeded, and which also will render a provisional order the proper course. It is difficult to understand why a distinction should be made between the case of a locality in which the inquiry has been founded upon a petition, and one in which it has originated alone in the exces- sive mortality, as provided for by section 8. And yet such distinction exists, and whilst, in the first case, an absolute order in council is to be made for bringing the act into effect at once: in the second, though the circumstance of the locality may be precisely the same, except that there is greater need for prompt inter- ference, the General Board can only make a provisional order to be afterwards followed by an act of Parlia- ment. The Crown can only make an order for putting this act in force in cases where the inquiry has been made “ upon the petition of such inhabitants as afore- said but in cases “ where no petition has been presented from such inhabitants as aforesaid,” there can only be a provisional order, &c. In cases in which there are local acts of Parliament, the provisions of this section may be rendered ex- ceedingly useful. Numerous towns have each several local acts operating over only small divisions, which acts are often conflicting in their provisions, un- uniform in their enactments, and from their partial character, and the cumbrous nature of their machinery, a source of great perplexity and inconvenience. If, therefore, by the provisions of the present act, these local acts can be repealed, altered, extended, or otherwise dealt with, a vast amount of good may be effected. It is, however, to be feared, that this 10th section deals with the subject of local acts in a some- what inexperienced manner, and that when it is brought to bear fully upon the question, it will be found hardly to be adequate to the carrying out of its purposes. Let us take an instance (not an uncom- mon one) of a town in which, for four distinct parts, there are four local acts for regulating the paving’ lighting, scavengering, cleansing, &c., each having its board of directors, and staff of officers, and the II & 12 Vict.