« EelmineJätka »
LAW JOURNAL REPORTS
THE YEAR 1870:
CASES RELATING TO
AND OTHER SUBJECTS
CHIEFLY CONNECTED WITH
The Duties and Dffice of Magistrates,
DECIDED IN THE
AND IN THE
MICHAELMAS TERM, 1869, TO MICHAELMAS TERM, 1870.
In the Caurt of Queen's Bench,
In the Court of Common Pleas,
In the Court of Erchequer,
In the Court for Crown Cases Reserved,
REPORTS OF CASES
CHIEFLY CONNECTED WITH
THE DUTIES AND OFFICE OF MAGISTRATES
AND THE ADMINISTRATION OF THE CRIMINAL LAW.
VOL. XXXIX. (NEW SERIES), COMMENCING WITH
MICHAELMAS TERM, 33 VICTORIÆ.
[IN THE COURT OF QUEEN'S BENCH.] street, called Victoria Street, in Rusholme, 1869. HALL, appellant, v. POTTER, within the said district, which said street Nov. 6. S respondent.
was not then a highway repairable by the
inhabitants at large, and was not then Public Health Act, 1848, (11 & 12 Vict.
sewered, levelled, paved, flagged and chanc. 63) s. 69–Notice to pave streets not
nelled to the satisfaction of the said local being highways.
board of health ; and that the said local A notice by a local board of health to board of health had, by a certain writing, the ovner of houses abutting upon a street dated the 7th day of August, 1867, sealed not being a highway, to sewer, level, pare, with their seal, and signed by five of their flag and channel the same, in pursuance members, and also by the clerk of the of the Public Health Act, 1848, (11 g. 12 said local board of health, given the said Vict. c. 63) 8. 69, is not invalid by reason respondent, as owner of the said premises of the plans and sections of the required fronting, adjoining or abutting upon the works deposited under the 24 & 25 Vict. said street, notice within the space of two c. 61. s. 16, including narrow strips of land calendar months from the date of the said in front of the houses, not open to or used notice, to sewer, level, pave, flag and by the public.
channel so much of the said street as
the said premises fronted, adjoined or Case stated by the stipendiary Magis. abutted upon, in manner in the said notice trate for the Manchester division of the mentioned ; and the said notice further county of Lancaster, under the 20 & 21 required the said respondent to execute Vict. c. 43.
these works in accordance with a plan 1. At a petty sessions, holden at the and section therein mentioned as being county police court for the
division of Man- deposited at the office of the said local chester, on the 16th of December, 1868, board of health. a complaint was preferred by the appel 2. The respondent did not, as required lant, the Clerk to the Local Board of by the said notice, within two calendar Health for the district of Rusholme, in months after the date of the said notice, the county of Lancaster, that the respond execute the works in the said notice menent was, on the 7th day of August, 1867, tioned. the owner of certain premises fronting, 3. The said local board executed the adjoining and abutting upon a certain said works required in the said notice to NEW SERIES, 39.-Mag. Cas.