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Public Health Act (1854) Continuance and Amendment.
diminish, or, with the Consent of the Commissioners of Her
Majesty's Treasury, increase the Number of such Council. Treasury to fix III. There shall be paid to the Members of the said Medical Salaries. Council and to the said Medical Officer such Fees or Salaries as
may from Time to Time be appointed by the Commissioners of Her Majesty's Treasury; and in the Case of such Medical Officer there may be allowed, in addition to his Salary, such reasonable travelling and other Expenses as may be incurred by him in the
Performance of the Duties of his Office. Salaries, &c. IV. All Fees and Salaries payable under this Act, and all how to be paid. incidental Expenses of the said General Board, shall be paid out
of such Monies as shall be provided by Parliament. Short Title.
V. This Act may be cited for all Purposes as “ The General Board of Health Continuance Act, 1855."
CA P. CXVI.
[14th August 1855.] 11 & 12 Vict. HEREAS the Provisions of “ The Nuisances Removal and
Diseases Prevention Act, 1848,” amended by “ The Nui12 & 13 Vict.
sances Removal and Diseases Prevention Amendment Act, c. 111.
1849,” in so far as the same relate to the Prevention or Mitiga• tion of epidemic, endemic, or contagious Diseases, are defective,
and it is expedient to substitute other Provisions more effectual
in that Behalf:' 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 : Short Title. I. This Act may be cited for all Purposes as the “ Diseases
Prevention Act, 1855." As to Execu- II. The Local Authority for executing this Act shall be the tion of Act.
Local Authority acting in execution of any General Act in force
for the Time being for the Removal of Nuisances. Expenses of III. The Expenses incurred in execution of this Act shall be Act.
borne out of the Rates or Funds administered by such Local Authority, under the Provisions and for the Purposes of any such
General Act as is referred to in the preceding Section. Power of
IV. The Local Authority and their Officers shall have Power Entry. of Entry for the purposes of this Act, and for executing or super
intending the Execution of the Regulations and Directions of the
General Board issued under this Act. Power to Privy V. Whenever any Part of England appears to be threatened Council to issue with or is affected by any formidable epidemic, endemic, or conOrders that Provisions
tagious Disease, the Lords and others of Her Majesty's most herein con
Honourable Privy Council, or any Three or more of them, (the tained for Pre. Lord President of the Council or One of Her Majesty's Principal vention of Dis- Secretaries of State being One,) may, by Order or Orders to be eases may be by them from Time to Time made, direct that the Provisions put in force. herein contained for the Prevention of Diseases be put in force in
carry out such
England, or in such Parts thereof as in such Order or Orders respectively may be expressed, and may from Time to Time, as to all or any of the Parts to which any such Order or Orders extend, and in like Manner, revoke or renew any such Order ; and, subject to Revocation and Renewal as aforesaid, every such Order shall be in force for Six Calendar Months, or for such shorter Period as in such Order shall be expressed ; and every such Order of Her Majesty's Privy Council, or of any Members thereof, as aforesaid, shall be certified under the Hand of the Clerk in Ordinary of Her Majesty's Privy Council, and shall be published in the London Gazette; and such Publication shall be conclusive Evidence of such Order, to all Intents and Purposes.
VI. From Time to Time after the issuing of any such Order Power to Geneas aforesaid, and whilst the same continues in force, the General ral Board of Board of Health may issue Directions and Regulations, as the said Health to issue Board think fit
Regulations to For the speedy Interment of the Dead :
Disease, and affording to Persons afflicted by or threatened
medical Aid and such Accommodation as may be required : And from Time to Time, in like Manner, may reroke, renew, and Local Extent alter any such Directions and Regulations as to the said Board and Duration of appears expedient, to extend to all Parts in which the Provisions Regulations of
General Board. of this Act for the Prevention of Disease shall for the Time being be put in force under such Orders as aforesaid, unless such Directions and Regulations be expressly confined to some of such Parts, and then to such Parts as therein are specified ; and (subject to the Power of Revocation and Alteration herein contained) such Directions and Regulations shall continue in force so long as the said Provisions of this Act shall, under such Order, be applicable to the same Parts.
VII. Every such Direction and Regulation as aforesaid, when Publication of issued, shall be published in the London Gazette, and the Gazette such Regulain which such Direction or Regulation was published shall be tions. conclusive Evidence of the Direction or Regulation so published, to all Intents and Purposes.
VIII. The Local Authority shall superintend and see to the Local AuthoExecution of such Directions and Regulations, and shall appoint rity to see to Exand pay such Medical or other Officers or Persons, and do and ecution of Regu
lations, &c.; provide all such Acts, Matters, and Things, as may be necessary for mitigating such Disease, or for superintending or aiding in the Execution of such Directions and Regulations, or for executing the same, as the Case may require.
IX. The Local Authority may from Time to Time direct any and may direct Prosecutions or legal Proceedings for or in respect of the wilful Prosecutions. Violation or Neglect of any such Direction and Regulation.
X. Every Order of Her Majesty's Privy Council, and every Orders of CounDirection and Regulation of the General Board of Health, under cil, &c. to be this Act, shall be laid before both Houses of Parliament, forth- laid before
Parliament. with upon the issuing thereof, if Parliament be then sitting, and 18 & 19 VICT. LI
if not then within Fourteen Days next after the Commencement
of the then next Session of Parliament. Order in Coun- XI. Orders in Council issued in pursuance of this Act for cil may extend putting in force the Provisions for the Prevention of Disease in to Parts and
the said Nuisances Removal and Diseases Prevention Acts conArms of the Sea.
tained, in Great Britain, may extend to Parts and Arms of the Sea lying within the Jurisdiction of the Admiralty ; and the Board of Health for England may issue under this Act Directions and Regulations for cleansing, purifying, ventilating, and disinfecting, and providing medical Aid and Accommodation, and preventing Disease in Ships and Vessels, as well upon Arms and Parts of the
Sea aforesaid as upon Inland Waters. Medical Officer XII. Whenever, in compliance with any Regulation of the of Unions and General Board of Health, which they may be empowered to make others entitled
under this Act, any Medical Officer appointed under and by to Costs of attending Sick on virtue of the Laws for the Time being for the Relief of the Poor board Vessels, shall perform any Medical Service on board of any Vessel, such when required Medical Officer shall be entitled to charge extra for any such by Orders of
Service, at the general Rate of his Allowance for his Services for General Board the Union or Place for which he is appointed, and such Charges of Health.
shall be payable by the Captain of the Vessel, on behalf of the Owners, together with any reasonable Expenses for the Treatment of the Sick ; and if such Services shall be rendered by any Medical Practitioner who is not a Union or Parish Officer, he shall be entitled to Charges for any Service rendered on board, with extra Remuneration on account of Distance, at the same Rate as those which he is in the habit of receiving from private Patients of the Class of those attended and treated on Shipboard, to be paid as aforesaid ; and in case of Dispute in respect of such Charges, such Dispute may, where the Charges do not exceed Twenty Pounds, be determined summarily, at the Place where the Dispute arises, as in case of Seamen's Wages not exceeding Fifty Pounds, according to the Provisions of the Law in that Behalf for the Time being in force ; and any Justice before whom Complaint is made shall determine summarily as to the Amount which is reasonable, according to the accustomed Rate of Charge within the Place for Attendance on Patients of the like Class or Condition as those
in respect of whom the Charge is made. Authentication XIII. The Directions and Regulations of the General Board of of Directions
Health under this Enactment shall be under the Seal of the said and Regulations of Gene- Board, and the Hand of the President or Two or more Members ral Board of
thereof; and any Copy of such Regulations purporting to bear Health, such Seal and Signature, whether the said Signature and Seal be
respectively impressed and written, or printed only, shall be Evidence in all Proceedings in which such Regulations may come in
question. Penalty for ob- XIV. Whoever wilfully obstructs any Person acting under the structing Exe- Authority or employed in the Execution of this Act, and whosocution of Act.
ever wilfully violates any Direction or Regulation issued by the General Board of Health as aforesaid, shall be liable for every such Offence to a Penalty not exceeding Five Pounds, to be appropriated in or towards the defraying the Expenses of executing this Act.
XV. The Provisions of any General Act in force for the Re- Certain existing moval of Nuisances, with regard to the Service of Notices, the Provisions to Proof of Orders or Resolutious of the Local Authority, and the apply to this
CA P. CXVII.
Secretaries of State the Powers and Estates vested in the
by an Act of the Session of Parliament holden in the Fifth 5 & 6 Vict. • and Sixth Years of the Reign of Her present Majesty, Chapter c. 94. · Ninety-four, and by another Act of the Session of Parliament • holden in the Seventeenth and Eighteenth Years of the Reign 17 & 18 Vict. • of Her present Majesty, Chapter Sixty-seven, various Powers c. 67. . and Authorities were given to or vested in and exerciseable by • the Principal Officers of Her Majesty's Ordnance, and by the
said Acts, and by or under divers Conveyances, Surrenders, Assignments, and Leases, or by some other Means, divers • Lands, Hereditaments, Estates, and Property purchased, taken,
used, and occupied for the Ordnance and Barrack Services ' throughout the United Kingdom before and at the Time of the
Revocation by Her Majesty next herein-after mentioned, were • vested in the said Principal Officers: And whereas Her Majesty " hath thought fit to revoke the Letters Patent of some of the said · Principal Officers, and by other Letters Patent to transfer to One . of Her Majesty's Principal Secretaries of State the Administra• tion of the Department the Duties of which were previously ó executed by the said Principal Officers of Her Majesty's • Ordnance: And whereas it is expedient that the said several
Powers and Authorities, and the said Lands, Hereditaments, • Estates, and Property, and all Title, Estate, and Interest therein
respectively, should be also transferred from the said Principal • Officers, and vested in One of Her Majesty's Principal Secretaries
of State: 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:
I. All the Powers, Authorities, Rights, and Privileges whatso- Powers, &c. ever, which by virtue of the said recited Acts or either of them, vested in Prin. or of any other Act or Acts of Parliament, or of any other Law, Ordnance to be Custom, or Usage whatsoever have been or were at any Time
transferred to vested in or exercised or exerciseable by the Principal Officers of Her Majesty's Her Majesty's Ordnance, or any of them, shall from henceforth Secretary of continue in full Force, and shall be and the same are hereby State for War. declared to be transferred to and vested in and exerciseable by Her Majesty's Principal Secretary of State for the Time being to whom Her Majesty shall think fit to intrust the Seals of the War Department, and such last-mentioned Principal Secretary of State shall be entitled to the same Exemption from personal Responsibility as the said Principal Officers were entitled to.
All Lands, &c. II. All Lands, Hereditaments, Estates, and Property whatsoever vested in such which by virtue of the said recited Acts or either of them, or of in the said Se- any other Act or Acts of Parliament, or of any Conveyance, cretary of State. Surrender, Lease, or other Assurance, or of any Law, Custom, or
Usage whatsoever, before and at the Time of the Revocation by Her Majesty herein-before mentioned were vested in the Principal Officers of the Ordnance, on behalf of Her Majesty, or which have been at any Time before the passing of this Act held, used, or occupied, or purchased, vested, or taken, by or in the Name of or by any Person or Persons in trust for Her Majesty, for the Use and Service of the said Department or for the Defence and Security of the Realm, and which have not been sold, aliened, or parted with, shall from henceforth be and the same are hereby declared to be transferred to and vested in the last-mentioned Principal Secretary of State for the Time being, on behalf of Her said Majesty; and when and so often as the said last-mentioned Principal Secretary of State, and any succeeding Principal Secretary of State to whom Her Majesty shall have intrusted the Seals of the War Department, shall cease to hold such Office, the said several Lands, Hereditaments, Estates, and Property, and all Lands, Ilereditaments, Estates, and Property which hereafter shall be purchased or otherwise acquired by any such last-mentioned Principal Secretary of State for the Time being, on behalf of Her said Majesty, shall by virtue of this Act be absolutely divested out of such Secretary of State so ceasing to hold such Office as aforesaid, and shall by virtue of this Act be transferred to and vested in his Successor in the said Office, immediately upon his receiving the Seals of the said Department, absolutely; and the said Lands, Hereditaments, Estates, and Property hereby vested and hereafter to be vested in the said last-mentioned Principal Secretary of State and his Successors shall, as to such of them as were or shall have been purchased, or are or shall be held for an Estate of Inheritance in Fee Simple, be so vested in such last-mentioned Principal Secretary of State and his Successors in the same Manner as if the Fee Simple thereof had been originally conveyed to such Principal Secretary of State as a Corporation Sole and his Successors; and as to all Lands, Hereditaments, and Property purchased or held for any less Estate than an Estate of Inheritance in Fee Simple, as if the same Lands, Hereditaments, and Property had been originally conveyed, surrendered, demised, or otherwise assured to such Principal Secretary of State as a Corporation Sole, and his Successors, for all the existing Estates or Interests therein respectively, and so from Time to Time; nevertheless, with respect to all Lands or Hereditaments of Copyhold or Customary Tenure, the same shall, for the Purpose
mentioned in the Eighth Section of the first-mentioned Act, (ride5 & 6 Vict. licet, the said Act of the Fifth and Sixth Years of the Reign of
Her present Majesty, Chapter Ninety-four,) remain vested in or be surrendered to some Person to be approved of or named by the last-mentioned Principal Secretary of State for the Time being as Tenant thereof.
c. 94. 8. 8.