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Transfer of liabilities of existing board.
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12.—(1) Save as is otherwise provided by this section, every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the appointed day, is owing and unpaid or has been incurred and is undischarged by the existing board shall, on and from the appointed day, become and be the debt or liability of the council and shall be paid or discharged by and may be recovered from or enforced against the council accordingly.
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(2) Where the existing board is a board of health and public assistance, this section shall not operate to transfer to the council any debt or liability which was incurred by the existing board in the performance of its functions for the relief of the poor.
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(3) If any doubt, dispute, or question shall arise whether any particular debt or liability is excluded by the next preceding sub-section of this section from the transfer to the council effected by this section, such doubt, dispute or question shall be decided by the Minister, whose decision thereon shall be final.
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(4) The transfer to the council by this section of any debt or liability shall not affect the chargeability of the expenses of paying or discharging such debt or liability.
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(5) Where the area of charge for the expenses incurred by the council in the payment or discharge of a debt or liability of the existing board is co-terminous with or wholly within a new district, all payments made by the council in payment, or discharge of such debt or liability shall be made through and by the board of health for such new district.
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