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Charitable Trusts (1855). Public Health (No. 2.) the Funds or Income of which are applicable exclusively for the Benefit of Persons of the Roman Catholic Persuasion ; and which are under the Superintendence and Control of Persons of that Persuasion ; nor shall anything in this Act extend to any of the Cases which by the Sixty-second Section of the principal Act are excepted from the Operation thereof.
XLVIII. In the Construction of the principal Act and this As to the Term Act the Word “ Charity” shall include every Institution in “Charity.” England or Wales endowed for charitable Purposes, but shall not include any Charity or Institution expressly exempted from the Operation of the Act of 1853, and Words applying to any Person or Individual: shall apply also to a Corporation, whether sole or aggregate.
XLIX. Nothing in this Act or in the principal Act contained Act not to exshall extend to the Colleges of Eton and Winchester, or either of tend to Eton or them.
Winchester. L. This Act may be cited as “ The Charitable Trusts Amend. Short Title. ment Act, 1855."
CA P. CXXV.
of Health, applying the Public Health Act (1848) to the
[14th August 1855.] W of the Public Health Act, 1848, made, published, and 11 & 12 Vict.
, • deposited, according to the Provisions of that Act, certain Pro- c. 63. • visional Orders in the Schedule to this Act contained ; and it is
expedient that the said Orders should be confirmed, and further • Provisions made in relation thereto :' 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, That
I. The Provisional Orders of the General Board of Health Certain Provi. contained in the Schedule hereunto annexed shall, from and after sional Orders of
General Board the passing of this Act, so far as the same are authorized by the
of Health consaid Public Health Act, be absolute, and be as binding and of the firmed. like Force and Effect, as if the Provisions of the same had been expressly enacted in this Act.
II. Provided always, That the Rates leviable within the Borough Limitation of of Middlesbrough as constituted by the Provisional Order in the Rates to be Schedule to this Act, under the Public Health Act, 1848, whether levied in the for the Purposes of the said last-mentioned Act, or for the Pur, Middlesbrough. poses of so much of the Local Act in the said Order mentioned 11 & 12 Vict. or referred to as remains unrepealed by the said Provisional Order, c. 63. shall not exceed, in any One Year, the Sum of Four Shillings in the Pound upon the net annual Value of Property assessable thereto
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Public Health (No. 2.)
within such Borough, except Property consisting of Land used as Arable, Meadow, or Pasture Ground only; or as Woodland, Market Gardens, or Nursery Grounds, Land covered with Water, or used only as a Canal or Towing-path for the same, or as a Railway constructed under the Powers of any Act of Parliament for public Conveyance; and as to such excepted Property, the Rates so leviable shall not, in any One Year, exceed in the whole the Sum of Ninepence in the Pound upon the net annual Value of such
excepted Property. First Election III. The First Election of the Local Board of Health for the of Local Board District of Windhill, for the Purposes of the said Public Health of Windhill ; Act, shall take place on the Twentieth Day of September in the
Year of our Lord One thousand eight hundred and fifty-five. of Local Board IV. The First Election of the Local Board of Health for the of Christ. District of Christchurch, for the Purposes of the said Public Health church;
Act, shall take place on the Twentieth Day of September in the
Year of our Lord One thousand eight hundred and fifty-five. of Local Board V. The First Election of the Local Board of Health for the of Keighley ; District of Keighley, for the Purposes of the said Public Health
Act, shall take place on the Twentieth Day of September in the
Year of our Lord One thousand eight hundred and fifty-five. of Local Board VI. The First Election of the Local Board of Health for the of Tunstall,
District of Tunstall, for the Purposes of the said Public Health
Year of our Lord One thousand eight hundred and fifty-five. Act incorpo- VII. This Act shall be deemed to be incorporated with the rated with
Public Health Act, and shall be as if this Act and the Public 11 & 12 Vict.
Health Act were One Act. C. 63.
VIII. In citing this Act in any other Act of Parliament, or in Short Title.
any Proceeding, Instrument, or Document whatsoever, it shall be sufficient to use the Words and Figures “The Public Health Supplemental Act, 1855.”
SCHEDULE to which this Act refers.
to the Borough of Middlesbrough, in the North Riding of the
GENERAL BOARD OF HEALTH. WHEREAS, upon the petition of not less than one tenth of the inhabitants rated to the relief of the Poor of and within the Borough of Middlesbrough, in the North Riding of the County of York, and within the boundaries of the said borough, as fixed for the purposes of an Act passed in the sixth year of the reign of King William the Fourth, intituled “An Act to provide for the “ regulation of Municipal Corporations in England and Wales," We, the General Board of Health, appointed for the purposes of the Public Health Act, 1848, have, in pursuance of the provisions of that Act, directed William Ranger, à Superintending Inspector, appointed for the purposes of the said Act, to visit the said
Public Health (No. 2.) Borough, within and throughout the said boundaries, and to make public inquiry, and to examine witnesses as to the sewerage, drainage, and supply of water, the state of the burial grounds, the number and sanitary condition of the inhabitants, and as to any Local Acts of Parliament in force within the said Borough, for paving, lighting, cleansing, watching, regulating, supplying with water, or improving the said Borough, or having relation to the purposes of the said Act; also as to the natural drainage areas, and the existing municipal, parochial, or other local boundaries, and the boundaries which might be most advantageously adopted for the purposes of the said Act.
And whereas the said Superintending Inspector, having previously given the notices directed by the said Act, proceeded upon the said inquiry, and hath reported in writing to the said General Board upon the several matters with respect to which he was directed to inquire, and upon certain other matters in respect of which he deemed it expedient to report for the purposes of that Act.
And whereas copies of the said Report, accompanied by a notice, stating that written statements might be forwarded to the said Board with respect to any matter contained in or omitted from the said Report, or any amendment proposed to be made therein, have been duly published and deposited as directed by the said Public Health Act, and the time for forwarding such statements has now elapsed, and all such statements as have been received by the said Board have been duly deposited as required by that Act.
And whereas it appears upon such Report that there is a certain Local Act of Parliament in force within the said Borough, having relation to the purposes of the said Public Health Act; (that is to say,) An Act passed in the fourth and fifth years of the reign of Queen Victoria, intituled “ An Act for paving, “ lighting, watching, cleansing, and otherwise improving the “ Town of Middlesbrough, and the neighbourhood thereof, in the “ North Riding of the County of York and for establishing a “ market therein.”
And whereas it appears to the said General Board of Health to be expedient that the said Public Health Act, except as hereinafter mentioned, should be applied to the said Borough ; and that provision should be made with respect to the said Local Act of Parliament, and the partial repeal, alteration, extension, and further execution thereof; but the same cannot be done without the authority of Parliament.
Now therefore, in pursuance of the power vested in the said Board by the Public Health Act, 1848, the said General Board of Health do, by this Provisional Order under my hand and seal of office, direct:
That from and after the passing of any Act of Parliament confirming this Order, 1. In the construction of this Order, the same meanings shall
be assigned to certain expressions which are assigned to them by the section numbered 2 in the copies of “ The Public Health Act, 1848," printed by Her Majesty's Printers, unless such meanings be repugnant to or incon3 C4
sistent 10. Provided
Public Health (No. 2.) sistent with the context or subject matter in which such
expressions occur. 2. “ The Public Health Act, 1848," and every part thereof
relating to corporate districts, except the section numbered 95 in the copies of that Act printed by Her Majesty's printers, shall apply to the area comprised within the boundaries of the said Borough of Middlesbrough, as de
fined in the Charter of Incorporation of the said Borough. 3. The Mayor, Aldermen, and Burgesses of the said Borough
shall be, by the Council of the said Borough, the Local
Board of Health under the said Public Health Act. 4. Such parts of the said Local Act as are specified in the
Schedule to this Order shall be repealed, except in so far as relates to anything done before the passing of any Act of Parliament confirming this Order, and except in so far
as the same repeal any other Act or Acts of Parliament. 5. The powers, authorities, and duties of the Commissioners for
the time being acting in execution of the said Local Act shall cease; and such of them as are granted or imposed by the unrepealed parts of the said Local Act shall, so far as they are not repugnant to or inconsistent with the said Public Health Act, or this Order, or any byelaw which shall be lawfully made under the said Public Health Act, be transferred to the said Local Board of Health, and the officers and servants of the said Local Board, and shail be exercised as if they had been granted or imposed by the said Public Health Act, and for this purpose the unrepealed parts of the said Local Act shall be incorporated with the said Public Health Act as applied to the said Borough, and all places within the Limits of the said Borough shall be subject to the unrepealed parts of the said
Local Act. 6. The said Local Board shall be the Commissioners for exe
cuting the unrepealed parts of the said Local Act. 7. All property and estate of the Commissioners acting in the
execution of the said Local Act shall be transferred to the said Local Board of Health, and shall, as near as circumstances will permit, be held by the said Local Board of Health upon the same trusts, and for the same purposes,
as by such Commissioners. 8. All debts, monies, and securities for money contracted or
payable by such Commissioners, shall be satisfied by the said Local Board out of such parts of the said transferred property and estate as would have been chargeable therewith, if this Order had not been made ; and shall be paid and satisfied by the said Local Board, as by such Com
missioners. 9. Provided always, that if such property and estate be insuf
ficient for that purpose, the deficiency shall be charged upon the rates leviable under the said Public Health Act, in the parts only which would have been chargeable with such deficiency if this Order had not been made.
Public Health (No. 2.)
10. Provided also, that if such property and estate be more
than sufficient, the surplus shall be applied to the exclusive use of the same parts and to the same purposes as it would
have been if this Order had not been made. 11. All expenses which shall be incurred by the said Local
Board of Health under the unrepealed parts of the said Local Act, and which shall not be defrayed out of monies arising under such Local Acts, shall be deemed to be expenses incurred by such Board under the said Public Health Act, and shall be defrayed out of the rates under that Act (as the nature of the case may require); and the monies necessary to be raised for the purposes of such Local Act
may be raised as under the said Public Health Act. 12. Provided always, that this Order, and the repeal of the
parts of the said Local Act mentioned in the Schedule thereto, shall not prejudicially affect anything done under that Act before the passing of any Act of Parliament confirming this Order ; but notwithstanding this Order, and the Schedule thereto, all such things shall be as valid with reference to the said Local Board of Health, as if the same had been done with reference to that Board, and may be dealt with in the same manner, in all respects, as if they
related to that Board, instead of such Commissioners. 13. Provided also, that this Order, and the repeal of the parts
of the said Local Act mentioned in the Schedule thereto, shall be without prejudice to any penalties incurred under the said Local Act, but all such penalties may be recovered by the said Local Board of Health according to the provisions of this Order.
Given under my Hand and under the Seal of the
General Board of Health this Eighteenth day of
hundred and fifty-five.
(Signed) B. HALL.
Schedule to which this Order refers. The parts of the said Local Act referred to in this Order to be repealed are as follows ; (that is to say,)
The sections numbered respectively in the copies of the said Act printed by the Queen's printers 1 to 88, 111 to 114, 238 to 250, 252 to 281, all inclusive, and 283.
And so much of any unrepealed part of the said Act as fixes the amount of any penalty for any offence under the said Act, wherever the penalty for such offence shall have been fixed by the Public Health Act, 1848, or by any byelaw of the Local Board of Health, made under and by virtue of the said Public Health Act, at an amount other than that fixed by the said first-mentioned Act.