THE DISEASES PREVENTION ACT.

When any Order in Council is made putting in force the provisions of the Act for the better Prevention of Diseases, the Privy Council may issue regulations for the speedy interment of the dead (18 & 19 Vict. c. 116, s. 6).

induced to admit the defendant into the ground and to the grave by reason of the pretext that the defendant intended to bury his father there; and the jury found that this was only a pretext, and that his real intention from the beginning was to remove his mother's corpse. But the defendant acted throughout without intentional disrespect to any one, being actuated by motives of affection to his mother and of religious duty. The jury convicted upon the evidence, and Mr. Justice Erle reserved for the decision of the Court the question whether the conviction could be sustained. The case was considered by Pollock, C.B., Erle, J., Willes, J., Bramwell, B., and Watson, B.; and the judgment delivered by Erle, J.: "We are of opinion that the conviction ought to be affirmed. The defendant was wrongfully in the burial ground, and wrongfully opened the grave, and took out several corpses, and carried away one. We say he did this wrongfully, that is to say, by trespass; for the license which he obtained to enter and open, from the person who had the care of the place, was not given or intended for the purpose to which he applied it, and was, as to that purpose, no license at all. The evidence for the prosecution proved the misdemeanour, unless there was a defence. We have considered the grounds relied on in that behalf, and although we are fully sensible of the estimable motives on which the defendant acted, namely filial affection and religious duty, still neither authority nor principle would justify the position that the wrongful removal of a corpse was no misdemeanour if the motive for the act deserved approbation. A purpose of anatomical science would fall within that category. Neither does our law recognise the right of any one child to the corpse of its parent, as claimed by the defendant. Our law recognises no property in a corpse, and the protection of the grave at Common Law, as contra-distinguished from ecclesiastical protection to consecrated ground, depends upon this form of indictment; and there is no authority for saying that relationship will justify the taking a corpse away from the grave where it has been buried. We have been unwilling to affirm the conviction on account of our respect for the motives of the defendant, but we have felt it our duty to do so rather than lay down a rule which might lessen the only protection the law affords in respect of the burials of Dissenters." (R. v. Sharpe, 26 L. J. M. C. 47; 3 Jur. N. S. 192; 1 D. & B., C. C. R., 160).

PROCEEDINGS OF LOCAL AUTHORITIES.

LOCAL BOARDS OF HEALTH.

Under the Public Health Act (11 & 12 Vict. c. 63), the Local Board of Health in every non-corporate District, are required to hold annual and monthly meetings, and such others as may be necessary; and may make Bye-laws with respect to the regulation of meetings and the transaction of business, provided that at least one-third of the members must be present to transact any business; a Chairman is to be appointed for one year, who has a casting vote (s. 34). The Local Board must provide offices and a seal, and any document signed by five members and sealed with such seal, will be received as evidence (a) (s. 35). Committees may be appointed, whose acts must be approved by the Board (s. 36). The Local Board may appoint a Surveyor, Inspector of Nuisances, Clerk, Treasurer, and other officers, removable at pleasure, and make Bye-laws for the regulation of their duties (b); and pay out of the rates reasonable salaries (c),

(a) Where a rate Collector appointed by a minute of the Board of Guardians sued them for unpaid poundage, it was held that the action was not maintainable, the appointment not having been under seal-he might have deducted his poundage when paying over the money, or might obtain a mandamus for a rate on the particular parish, but the Guardians had no general fund out of which to pay the demand (Smart v. West Ham, 24 L. J. C. P. 201; see also R. v. Greene, 17 Q. B. 793).

(b) See suggestions as to duties of Officers, p. 629-650.

(c) Commissioners elected under statute are to be treated as a fluctuating body, in the nature of a Corporation to be represented by their clerk (Kendall v. King, 17 C. B. 483).

Where Commissioners annually elected under a Local Act, having power to levy rates, and to appoint and pay officers out of such rates, had appointed a clerk for one year it was held, that he might maintain an action for his salary against the clerk in a subsequent year (Hall v. Taylor, 1 E. B. & E. 107; 27 L. J. Q. B. 311; 22 Jur. 877).

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But a contract or debt will not arise as against succeeding Commissioners themselves from their predecessors having appointed an officer at a salary, under a power given them by statute (Bogg v. Pearce, 10 C. B. 534).

Where the executors of a clerk to Commissioners under a Local Act, sued

but no person by himself or his servants, nor any two partners, &c., can hold both the offices of Clerk and Treasurer, under a penalty of 1007. (s. 37). No officer is to be interested in any contract or bargain made with the Board, or, under colour of his office, accept any fee other than his salary, under penalty of 50%, and being thereby declared incapable of holding his office (s. 37). Any officer entrusted with money must give security, and any money collected is to be paid to the Treasurer within seven days. Any Collector is to deliver a list of arrears, and also accounts of receipts and payments with vouchers; and failing to account or deliver up property within five days, when required, he may be imprisoned (a) without bail, and be liable to summary distress, or further imprisonment in default; and if complainant believe such defaulter is intending to abscond, he may be apprehended until bail provided (s. 39). An Officer of Health may also be appointed by the Local Board (s. 40).

Incorporated Powers.-The better to provide for the efficient execution of Sanitary Works in Districts to which the Public Health and Local Government Acts are applied, the provisions of the following general statutes are incorporated therewith, viz.: The Towns Police Clauses Act (10 & 11 Vict. c. 89), with respect to obstructions &c. in streets, fires, places of resort, hackney-carriages, and bathing. [See "Management of Streets," &c.'; "Safety from Fire," &c.] The Towns Improvement Clauses Act (10 & 11 Vict. c. 34), with respect to naming and numbering streets; improving lines of streets; dangerous buildings; precautions during construction and re

them for salary due to the testator: it was held, that a plea that they had no funds was bad, and the plaintiffs were entitled to judgment-though it might be doubtful whether execution could issue (Bush v. Martin, 3 New Reports, 90).

A bond was given for the performance of duties, and the salary was subsequently increased: held, that such alteration amounted to a new appointment, and that the sureties were no longer liable (Holland v. Lee, 18 J. P. 201). (a) This, in case of contumacy, might be for life, but as to the discretion of Justices in such a case, see R. v. Justices of Norfolk, 4 B. & Ald. 238.

pair of sewers, streets, and houses [see "House Drainage," &c.]; water-supply; prevention of smoke, with certain qualifications [see "Prevention of Smoke"; slaughter-houses; and clocks (21 & 22 Vict. c. 98, ss. 44, 45). In any such District where the Watching and Lighting Act (3 & 4 Will. 4, c. 90) has previously been adopted (a), that Act is superseded, and the property vested in the Inspectors becomes vested in the Local Board (s. 46). The Local Board may contract with any person for the supply of gas, or other means of lighting streets, &c., and provide lamps, &c., out of the rates levied under the Public Health Act (12 & 13 Vict. c. 94, s. 8). Where the Baths and Washhouses Act (9 & 10 Vict. c. 74), is adopted, the Board may, at the option of the Vestry, be the Commissioners thereunder (21 & 22 Vict. c. 98, s. 47). [See "Baths and Washhouses."]

Markets and Fairs.-The Board, with the consent of the owners and ratepayers, or in Boroughs two-thirds of the members, may provide a Market-place and house, with approaches thereto, places for weighing carts, and all things necessary for

(a) By the Watching and Lighting Act, 3 & 4 Will. 4, c. 90, on the requisition of three ratepayers, a meeting may be called by the churchwardens of any parish, at which a majority of two-thirds may determine that the Act shall be adopted, and inspectors appointed, with power to call for such annual sum as may be fixed by the ratepayers (ss. 5 to 9); the Act may be abandoned at any time after the expiration of three years from the adoption thereof (s. 15). The inspectors are to meet monthly (s. 22), and to appoint officers (s. 24). Their proceedings and accounts are to be open to inspection (38. 30, 31). The overseers are empowered to make and collect rates for the purposes of the Act (s. 33). Watchmen are to be appointed, with the powers of constables (s. 42). Fire-engines may be provided (s. 44). Lamps erected (s. 45). Gas-pipes laid down (s. 46), which shall be four feet at least from any water-pipe (s. 51). Provisions for preventing contamination of water (ss. 52, 53). Power to contract for works (ss. 57, 58). Inspectors may purchase or rent ground (s. 59). Property in lamps, &c., vested in them (s. 60). Regulation of proceedings, &c. (ss. 61-78).

By 5 & 6 Will. 4, c. 76, s. 88, the Council of any borough may, after twenty-one days notice, take upon themselves the powers given to the inspectors under the Watching and Lighting Act, so far as relates to the lighting the whole or part of any borough not within the provisions of a Local Act, and have the same powers as belong to such inspectors, and as to levying rates for the purposes of such lighting, not exceeding sixpence in the pound in any one year; provided, that the inhabitants of such part may at any time determine that such provisions shall cease to be acted upon.

the use thereof (s. 50); and purchase or lease lands, rights, and tolls for such purposes, and take stallages, rents, and tolls for the use thereof; but so as not to interfere, without consent, with any previously acquired rights of any person or company. And there are incorporated with respect to the holding and protection of such market or fair, the weighing of goods, stallages, rents, and tolls, and Bye-laws, the provisions of the Markets and Fairs Act; under which Act the Board must give public notice of the time when the market or fair will be opened (10 Vict. c. 14, s. 12). After the time specified no person other than a licensed hawker is to sell, except in his own shop, articles within the District in respect of which Tolls are authorised to be taken in the market (a), under a penalty

(a) The toll taken in a market is, on the space occupied, not the article sold. For meaning of prescribed limits (s. 13 of the Markets Act), see Casswell v. Cook, 11 C. B. N. S. 637; 31 L. J. M. C. 185, where it was held, that these words did not mean the limits of the market itself. An auctioneer, though licensed, selling horses in a yard belonging to another person within the limits of the district, was held to be liable under this section (Llandaff, &c. v. Lyndon, 8 C. B. N. S. 515; 6 Jur. N. S. 1344). Any shop is exempted (Wiltshire v. Willett, 11 C. B. N. S. 240; 31 L. J. M. C. 8), but not a boat in a canal (Wiltshire v. Baker, 11 C. B. N. S. 237; 31 L. J. M. C. 81); nor a mere unsubstantial erection set up to evade the Act (Pope v. Whalley, 5 New Reports, 322).

To kill animals not intended to be sold for human food in any place other than a public slaughterhouse, is not an offence under s. 19 of the Markets and Fairs Clauses Act (Elias v. Nightingale, 4 Jur. N. S. 166).

Where from time immemorial a market had been held in the High Street of a borough (such market belonging to the Corporation, who were also Lords of the Manor), and the owners and occupiers of the houses had from time immemorial erected on market days stalls opposite their houses, and exposed goods for sale in the market, or let the stalls to others free from any payment for stallage or tolls, although tolls were taken of similar produce exposed elsewhere in the market, and the Corporation removed the market to another place within the borough at some distance from the High Street: it was held, that the owners of the houses were entitled to compensation from the Corporation for the consequent injury to their right. Per curiam: The demand for compensation is resisted; first, on the ground that the moving of the market was justifiable, under the Public Health and Local Government Acts; secondly, that there is no legal foundation for any right of the plaintiff, which is interfered with by the removal of the market to its new site. Inasmuch as the power as to providing market places conferred on the Local Board by sec. 50 of the Local Government Act is expressly qualified by the provision that no market shall be established so as to interfere with any rights