confirming the same, the bill, so far as it re- borrowing powers in certain cases. LXXVIII. Where a local board, or any board of Extension of improvement commissioners (ƒ) exercising the borrowing powers of the Public Health Act, 1848, or this Act, or of any local Act, has contributed to, purchased, or executed works of sewerage and water supply, or proposes to contribute to, purchase, or execute such works, and where the cost of such works exceeds or is estimated to exceed one year's assessable value (g) of the premises assessable within the district in respect of which such money may be borrowed, it shall be lawful for such board to present a petition to one of Her Majesty's principal secretaries of state praying for powers to borrow or reborrow for such works, on mortgage of the rates leviable by them under the Public Health Act, 1848, and this Act, and (h) any local Act, an amount not exceeding two years' assessable value (i) of the premises assessable within the district in respect of which such money may be borrowed or reborrowed, (e) Quære, whether the local board can appear in support of the bill, or whether the government must support it before the committee. (f) Reference appears to be made to sect. 15, ante, p. 238. (g) This is an extension of the powers conferred by sect. 57, ante, p. 300. See note (k) thereon. In regard to re-borrowing see 11 & 12 Vict. c. 63, s. 110, p. 165. (h) This word should be or. (i) There is some ambiguity here. Does the clause mean twice the amount of the assessable value for the year, or the addition of the assessable value as computed for each of the two years preceding the loan? Oftentimes the result will be the same upon either hypothesis, but sometimes there may be a considerable difference in the result. Secretary of state to provide for execution of Act. Powers for inquiry secretary of state. such amount to be repaid within such period not exceeding fifty years as such board, with the sanction of one of Her Majesty's principal secretaries of state, shall in each case determine; And it shall be lawful for any of Her Majesty's principal secretaries of state to direct inquiry on such petition, and to issue a provisional order thereupon, and to take steps for the confirmation of any such provisional order by Act of parliament in the manner sanctioned in the preceding section (h). LXXIX. It shall be lawful for the Secretary of State to report annually to parliament on the execution of this Act, to make or direct such inquiries as are directed by this Act and appoint from time to time such officers, clerks, and servants as he may require for the purposes of this Act, and at his pleasure to remove any such officers, clerks, or servants; And the commissioners of Her Majesty's treasury shall fix the salaries and allowances of such officers, clerks, and servants. LXXX. Any officer directed by one of Her directed by Majesty's principal secretaries of state to inquire into any matter into which such secretary is empowered to direct inquiry under this Act shall, for the purposes of such inquiry, have all the powers vested in superintending inspectors by the one hundred and twenty-first section (i) of the Public Health Act, 1848. (h) The power of petitioning and appearing and opposing is not expressly given herein, but the general words contained in the last clause extend that provision to this clause. (i) See ante, p. 176. It is to be observed that the secretary of state is to send an officer, but perhaps the conduct of this inquiry will constitute an office. secretary of state to be binding. LXXXI. All orders made by one of Her Ma- Orders of jesty's principal secretaries of state in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer; And any such secretary may make orders as to the costs of any appeal (k) to him under this Act, and the parties by whom such costs are to be borne; and every such order may be made a rule of one of the superior courts of law, on the application of any party named therein (1). OXFORD AND CAMBRIDGE. Oxford and LXXXII. Notwithstanding anything contained Exception of in this Act, the Oxford and Cambridge commis- Cambridge. sioners, described in the thirty-first section of the Public Health Act, 1848 (m), shall be the bodies authorized to adopt this Act for the districts respectively within their jurisdiction; And in the event of the adoption of this Act by the said Cambridge commissioners, the said commissioners shall be the local board for the district of Cambridge; And in the event of such adoption by the said Oxford commissioners, the local board of the Oxford (k) It is open to question what will be an appeal to the secretary of state. In several places in this Act it will be seen that petitions and memorials may be presented to him, but they are not generally included under the term appeals. The orders which are made by him, other than for costs, will generally be enforceable by writ of mandamus. (2) The statute 1 & 2 Vict. c. 110, contains the provisions for enforcing payment of costs upon rules of court; but in regard to costs awarded against the local board, the remedy will be by mandamus. (m) Ante, p. 76. district shall consist of the vice-chancellor of the University of Oxford and the mayor of Oxford for the time being, and of forty-five other commissioners, fifteen to be elected by the University of Oxford, sixteen by the town council of Oxford, and fourteen by the ratepayers of the parishes situate within the jurisdiction of the Oxford commissioners; And the election of such commissioners by the town council and by the ratepayers of the parishes respectively shall be conducted at the same time, in the same way, and subject to the same regulations in and subject to which members constituting the body of Oxford commissioners are now respectively chosen by such town council and parishes; And the fifteen commissioners to be elected by the University shall be elected as follows; Namely, four commissioners shall be elected by the University in convocation, and eleven commissioners shall be elected by the heads and senior bursars of the several colleges, and by the heads of the several halls; And the elections shall be conducted by the said University, and by the colleges and halls respectively, at the same time and in the same way, and subject to the same regulations, in and subject to which guardians of the poor for the university and for the colleges and halls are now chosen by them respectively (d), save that in the election of commissioners the heads and bursars of all the colleges and the heads of all the halls shall be summoned by the vicechancellor for that purpose, and shall be entitled to vote : And differences between either of the Universities of Oxford and Cambridge and the local boards of (d) See the local Act, 17 & 18 Vict. c. ccxix. Oxford and Cambridge respectively within the meaning of the one hundred and fifth section of the Public Health Act, 1848 (f), shall be settled by arbitration in the manner provided by that Act (g). SCHEDULE. FORM (A.) Voting Paper (h). Ar a meeting held on the day of, at the of in the county of ——, it was agreed that the following resolution should be proposed to the owners and ratepayers : : "That the Local Government Act, 1858, be adopted in the (f) See ante, p. 162. (g) See sect. 123, ante, p. 179. This arbitration is substituted for the decision of the general board of health referred to in 11 & 12 Vict. c. 63, s. 105. (h) See sect. 13, ante, p. 236. |