THE LAW JOURNAL REPORTS FOR THE YEAR 1870: CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW, AND OTHER SUBJECTS CHIEFLY CONNECTED WITH The Duties and Office of Magistrates, DECIDED IN THE COURTS OF QUEEN'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND IN THE COURT FOR CROWN CASES RESERVED, MICHAELMAS TERM, 1869, TO MICHAELMAS TERM, 1870. REPORTED In the Court of Queen's Bench, By ROBERT SAWYER, Esq. AND ARTHUR PAUL STONE, Esq. In the Court of Common Pleas, By WILLIAM PATERSON, Esq. AND GILMORE EVANS, Esq. BARRISTERS-AT-LAW. In the Court of Exchequer, By HUGH COWIE, ESQ. AND LUMLEY SMITH, Esq. BARRISTERS-AT-LAW. By THOMAS SIRRELL PRITCHARD, Esq. BARRISTER-AT-Law. MAGISTRATES' CASES. NEW SERIES, VOL. XXXIX. LONDON: PRINTED BY SPOTTISWOODE AND CO. NEW-STREET SQUARE. PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE. MDCCCLXX. 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.] 1869. Nov. 6. } HALL, appellant, v. POTTER, Public Health Act, 1848, (11 & 12 Vict. c. 63) 8. 69-Notice to pave streets not being highways. A notice by a local board of health to the owner of houses abutting upon a street not being a highway, to sewer, level, pave, flag and channel the same, in pursuance of the Public Health Act, 1848, (11 & 12 Vict. c. 63) s. 69, is not invalid by reason of the plans and sections of the required works deposited under the 24 & 25 Vict. c. 61. s. 16, including narrow strips of land in front of the houses, not open to or used by the public. CASE stated by the stipendiary Magistrate for the Manchester division of the county of Lancaster, under the 20 & 21 Vict. c. 43. 1. At a petty sessions, holden at the county police court for the division of Manchester, on the 16th of December, 1868, a complaint was preferred by the appellant, the Clerk to the Local Board of Health for the district of Rusholme, in the county of Lancaster, that the respondent was, on the 7th day of August, 1867, the owner of certain premises fronting, adjoining and abutting upon a certain NEW SERIES, 39.—MAG. CAS. street, called Victoria Street, in Rusholme, within the said district, which said street was not then a highway repairable by the inhabitants at large, and was not then sewered, levelled, paved, flagged and channelled to the satisfaction of the said local board of health; and that the said local board of health had, by a certain writing, dated the 7th day of August, 1867, sealed with their seal, and signed by five of their members, and also by the clerk of the said local board of health, given the said respondent, as owner of the said premises fronting, adjoining or abutting upon the said street, notice within the space of two calendar months from the date of the said notice, to sewer, level, pave, flag and channel so much of the said street as the said premises fronted, adjoined or abutted upon, in manner in the said notice mentioned; and the said notice further required the said respondent to execute these works in accordance with a plan and section therein mentioned as being deposited at the office of the said local board of health. 2. The respondent did not, as required by the said notice, within two calendar months after the date of the said notice, execute the works in the said notice mentioned. 3. The said local board executed the said works required in the said notice to B |