but according to the greater or less degree of benefit to be derived by any premises from the works.
Where a house or building in a street is taken down to be rebuilt, the urban district council may prescribe the line to which it is to be rebuilt, paying compensation to the building owner for any damage which he may sustain consequent upon the requirement. Save to this extent, no power is given by the general law to a district council to prescribe a building line. But under an act of 1888 it is provided that it shall not be lawful in any urban district without the consent of the urban authority to erect or bring forward any house or building in any street or any part of such house or building beyond the front main wall of the house or building on either side thereof in the same street.
The control exercised by an urban district council over streets and buildings is to a very large extent exercised through by-laws which they are empowered to make for various purposes relating to the laying out and formation of new streets, the erection and construction of new buildings, the provision of sufficient air-space about buildings to secure a free circulation of air, and the provision of suitable and sufficient sanitary conveniences. The manner in which such by-laws are made and confirmed will be hereafter noticed. In general, the by-laws require plans of new streets to be submitted to the council, and they are required to approve or disapprove of these plans within a month. They cannot disapprove of a plan unless it contravenes the provisions of some statute or by-law; but if a person builds otherwise than according to an approved plan he does so at the risk of having his work pulled down or destroyed. Among the miscellaneous powers of an urban council with respect to streets may be mentioned the power to widen or improve, and certain powers incorporated from the Towns Improvement Clauses Act 1847, with respect to naming streets, numbering houses, improving the line of streets, removing obstructions, providing protection in respect of ruinous or dangerous buildings, and requiring precautions to be taken during the construction and repair of sewers, streets and houses. An urban council may also provide for the lighting of any street in their district, and may contract with any person or company for that purpose. If there is no company having statutory powers of supply within their district, they may themselves undertake the supply of gas, and they may purchase the undertaking of any gas company within their district.
An urban council may acquire and maintain lands for the purpose of being used as public walks or pleasure-grounds, and may support or contribute to the support of such walks or grounds if provided by any other person. They may also contribute to the cost of laying out, planting or improvement of Public parks. lands provided for this purpose by any person, in their own district or outside that district, if it appears that the walks or grounds could eventually be used by the inhabitants of that district. An urban council may also provide public clocks or pay for the reasonable cost of repairing and maintaining any public clocks in the district, though not vested in them.
Where an urban council are the council of a borough, and in other cases with the consent of the owners and ratepayers of the district, they may provide market accommodation for their district. They may not, however, establish any market so as to interfere with any market already established Markets and slaughter-houses. in the district under a franchise or charter. For purposes of markets certain provisions of the Markets and Fairs Clauses Act 1847 are incorporated with the Public Health Act. The only one of these that need be noticed is that which provides that after the market is opened for public use every person, other than a licensed hawker, who shall sell or expose for sale in any place within the district, except in his own dwelling-place or shop, any articles in respect of which tolls are authorized to be taken shall be liable to a penalty. The tolls which may be taken by an urban council must be approved by the Local Government Board; and any by-laws which they make for the regulation of the market must be confirmed by the same body. An urban council may also provide slaughter-houses and make by-laws with respect to the management and charges for the use of them. Where they do not provide slaughter-houses, all previously existing slaughter-houses have to be registered and new ones licensed; and no person may lawfully use a slaughter-house which is not either registered or licensed. Licences may be suspended by justices in the event of their being used contrary to the provisions of the act or of the by-laws, and on a second conviction the licence may be revoked. On a conviction of selling or exposing for sale, or having in his possession or on his premises unsound meat, the court may also revoke the licence.
Certain police regulations contained in the Town Police Clauses Act 1847 are by virtue of the Public Health Act 1875 in force in all urban districts. These relate to obstructions and nuisances in streets, fires, places of public resort, hackney carriages and public bathing. An urban council Hackney carriages, &c. may also license proprietors, drivers and conductors of horses, ponies, mules or asses standing for hiring in the district in the same way as in the case of hackney carriages, and they may also license pleasure boats and vessels, and the boatmen or persons in charge thereof, and they may make by-laws for all these purposes.
Every district council may enter into such contracts as are necessary for carrying into execution the various purposes of the Public Health Acts. A district council being a corporation, the general law applies in the case of a rural council that they must contract under their common seal, the Contracts, purchase of lands. exception to this rule including the doing of acts very frequently recurring or too insignificant to be worth the trouble of affixing the common seal. In the case of an urban council certain stringent regulations are laid down. A contract made by an urban council, whereof the value and amount exceed £50, must be under seal, and certain other formalities must be observed, some of which are imperative; for example, the taking of sureties from the contractor, and the making provision for penalties to be paid by him in case the terms of the contract are not observed. Every local authority may also, for purposes of the act, purchase or take on lease, sell or exchange, any lands. Such lands as are not required for the purpose for which they were purchased must, unless the Local Government Board otherwise direct, be sold. Powers of compulsory purchase of lands are also given under the Lands Clauses Acts, but before these can be put in operation certain conditions must be observed. The Local Government Board must make inquiry into the propriety of allowing the lands to be taken, and the power to acquire the lands compulsorily can only be conferred by means of a provisional order confirmed by parliament.
With regard to the by-laws which district councils may make for many purposes, the subjects of which have been already from time to time mentioned, it is only necessary to state that these require to be confirmed by the Local Government Board. Such confirmation does not, however, give validity By-laws. to a by-law which cannot be justified by the provisions of the act, and many by-laws which have been so confirmed have been held to be invalid under the general law as being uncertain, unreasonable or repugnant to the law of the realm. For the guidance of local authorities, the Local Government Board have from time to time issued model series of by-laws dealing with the various subjects for which by-laws may be made, and these are for the most part followed throughout England and Wales.
As a general rule, all the expenses of carrying into execution the Public Health Acts in an urban district fall upon a fund which is called the general district fund, and that fund is provided by means of a rate called the general district rate. To this there are some exceptions. First, in the case of boroughs Finance. where from the time of the first adoption of the Sanitary Acts these expenses have been paid out of the borough rate, the expenses continue to be so paid; and in an urban district which was formerly subject to an Improvement Act, the expenses may be payable out of the improvement rate authorized by that act. The general rule, however, prevails over by far the greater part of England and Wales. The general district rate is made and levied on the occupiers of all kinds of property for the time being assessable to any rate for the relief of the poor, subject to a few exceptions and conditions. Of these the first is that the owner may be rated instead of the occupier, at the option of the urban authority, where the value of the premises is under £10, where the premises are let to weekly or monthly tenants, or where the premises are let in separate apartments, or the rents become payable or are collected at any shorter period than quarterly. When the owner is rated he must be assessed upon a certain proportion only of the net annual value of the premises. The owners or occupiers of certain specified properties are assessed in respect of the same in the proportion of one-fourth part only of the net annual value thereof. These properties include tithes, tithe commutation rent charge, land used as arable, meadow or pasture ground only, or as woodlands, market gardens or nursery grounds, orchards, allotments, any land covered with water such as the reservoir of a waterworks company, or used only as a canal or towing-path of the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance. The reason for these partial exemptions apparently is that sanitary arrangements are made chiefly for the benefit of houses and buildings, while the properties just enumerated do not receive the same amount of benefit. The only other point to be noticed in this connexion is that an urban council may divide their district into parts for all or any of the purposes of the act, rating each part separately for those purposes. The expenses of highways in an urban district fall as a rule upon the general district rate, but under certain conditions, which need not be here set out, a separate highway rate may have to be levied. The urban council have extensive powers of amending the rate, and the rate is collected in such manner as the urban authority may appoint.
The expenses of a rural district council are of two kinds. Of these the first is called general expenses, and it includes the expense of the establishment and officers of the council, of disinfection, providing of conveyance for infected persons, and the expenses of highways. These expenses are payable out of a common fund which is raised out of the poor rate of the several parishes in the district, according to the rateable value of each. Special expenses include the expenses of the construction and maintenance and cleansing of sewers, providing water-supply, and all other expenses incurred or payable in respect of a parish or contributory place within the district determined by order of the Local Government
