Folios 362-364. Letter from James Saunders, Clerk to the East Dereham Local Board...

Folios 362-364. Letter from James Saunders, Clerk to the East Dereham Local Board in the Mitford and Launditch Poor Law Union, to the Local Government Board. He writes with reference to the paragraph in their letter of 26 January 1880 with regard to works without the district. He points out that in his opinion section 32 of the Public Health Act 1875, [38 & 39 Vic c55], does not apply and that no notices are necessary or required to be given under that section. He provides a lengthy explanation to support his statement but essentially the land is only to be used for the forming of a road, for establishing communication between the existing road and that required for sewage purposes. No works relating to the sewage system are to be made on that land or on any land taken without the district. He requests that they view the plans, which are already deposited with them. He does however still welcome the Board's opinion regarding the matter.
Copy of a notice, dated 23 March 1880, showing that Major Hector Tulloch, Royal Engineers, one of the Inspectors of the Local Government Board will hold an local inquiry at the office of the Local Board, East Dereham on Thursday 8 April 1880, concerning the issuing of a provisional order to empower the urban sanitary authority of East Dereham to acquire lands for the purpose of the disposal of the sewage of the district.
Annotated: 'Mr Rawlinson. To arrange for local inquiry', 29 January 1880.
Annotated: 'Major Hector Tulloch, Royal Engineers, One of the Inspectors of the Local Government Board.' 2 February 1880.
Annotated: 'F.p. referred to Major Tulloch to arrange for inquiry', 3 February 1880.
Annotated: 'Mr Fry. The East Dereham Local Board propose to take three plots of land compulsorily for the purpose of disposing of the sewage of their district.
1 and 2 are in their district, but 3 is outside. 1 and 2 are required for disposing of the sewage but 3 is merely wanted to make a road or approach to the sewage farm. The question is whether under the circumstances any notice needs section 32 of the Public Health Act, 1875, is required. If the road is to be considered as a "work for sewage purposes" notice is apparently needed, but if it is not such a work I do not exactly see how the Local Board are to do it outside their district. Will you be so good as to advise in this case?' 4 February 1880.
Annotated: 'I think that this road to the sewage farm may be fairly considered to be a "work for sewage purposes" within section 32; but if it cannot be so regarded, then I do not see what authority the Local Board have, for making the road at all; as, being beyond their district, it will not come within section 154', 5 February 1880.
Annotated: ' Today. Acknowledge and say that it appears to the Board that the road to the sewage farm must be considered to be a "work for sewage purposes' within the meaning of section 32 of the Public Health Act 1875 and that therefore notices under that section should be given. 2. Major Tulloch to arrange for Inquiry', 7 February 1880.
Annotated: 'Mr Dalton. Issue notices for the Inquiry to be held at the Local Board District at a quarter past 10am on Thursday the 8 April', 22 March 1880.
Annotated: ' Major H Tulloch to arrange for inquiry', R Rawlinson, Local Government Board, 29 January 1880
[Also see paper number 4979/K(1)1880.]

Paper Number: 9486/1880.

Poor Law Union Number: 302.

Counties: Norfolk.