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THE

PUBLIC HEALTH

AND

LOCAL GOVERNMENT ACT, 1875

(38 & 39 VIC. CAP. 55),

AND

THE STATUTES INCORPORATED THEREWITH,

WITH

SHORT EXPLANATORY NOTES.

BY

J. V: VESEY FITZGERALD, Esq., B.A.,

OF THE INNER TEMPLE AND MIDLAND CIRCUIT,

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LONDON:

WATERLOW BROS. AND LAYTON,

BIRCHIN LANE, E.C.

PREFACE.

THE Consolidation of the various Statutes relating to the Public Health into one Act, at last renders the subject one which those who have not been specially trained in the study of the Law can comprehend. This work is published in the hope that it may prove of some use to those who will have to put the Act into execution. It has been my aim to give notes only where explanation of the Act seemed wanted; and where the same point has been several times decided, only to quote some of the

With a view of rendering

more recent cases bearing upon it. this book more practically useful, I have included in the text those sections of the Incorporated Acts which are of every-day importance. But I have not thought it necessary to swell the size of my work by including the Land Clauses Acts, and other provisions, which are not likely to occupy the attention of any but members of the Legal Profession. Those points will be found fully explained in larger works already written on this and kindred subjects, with which I could neither hope nor wish that this volume should be thought in any way to compete.

6, CROWN OFFICE ROW,

August, 1875.

J. V. VESEY FITZGERALD.

PREFACE TO THIRD EDITION.

SINCE the partial codification of the law relating to Public Health and Local Government, which was attained by the passing of the Act of 1875, these subjects have frequently occupied the attention of our Courts, and numerous decisions, explaining or modifying the apparent meaning of the Act, are to be found in the law reports. Parliament also has twice amended the code of 1875, by passing the Public Health (Water) Act, 1878, and the Public Health (Interments) Act, 1879; it has, moreover, increased and altered the powers and duties of local authorities by several other Acts, which are not incorporated with the Public Health Act.

In consequence of these changes, books on the Public Health Act, which were published soon after it became law, are no longer practical guides to it. This Edition will be found, I believe, to contain references to all the statutory changes of the law and to the reported cases bearing on the Act down to the present time. Several earlier decisions, which were omitted from the previous Editions, have also been noted. The work has been rewritten throughout, and now contains 212 pages more than it did previously. I hope that it may now be found to meet the wants of those members of the legal profession who have occasion to refer to the Public Health Act, and be not less adapted than the previous Editions for the use of local authorities who have to administer the Act.

J. V. VESEY FITZGERALD.

6, CROWN OFFICE ROW, TEMPLE, April, 1881.

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