« EelmineJätka »
c. 63, s. 1.
any part of England and Wales, except the parts 11 & 12 Vict. next hereinafter mentioned; (that is to say)
The city of London and the liberties thereof (c); Except the
sions of sewers, bearing date at Westminster parts in the
Section 50, constituting the exception above referred to, applies only to parishes and places not forming part of a “district” under the Act, and having a population not exceeding two thousand upon the last census for the time being. In such cases the churchwardens and overseers are authorized to execute certain works, and to defray the expense out of the poor-rates, by vote of the inhabitants alone. (See s. 50 and note (9), post, p. 83.)
It may be as well to add, that the word “applied,” and the expression “the application of this Act,” are used throughout the statute in a technical sense. When a preliminary inquiry is instituted in a city, &c., the Act is not applied to such city, &c., within the meaning of the statute, the inquiry being instituted only with a view to the application of the Act to a district to be formed for the purposes of the Act.
(c) “ An Act (11 & 12 Vict. c. 163, The City of London Sewers Act, 1848') to provide for the sanitary improvement of the city of London and the liberties thereof, and for the better cleansing, sewering, paving, and lighting the same,” received the royal assent on the 5th September 1848. That Act will come into operation on January 1, 1849, and is to continue in force for two years, and “thence to the end of the then next session of parliament.”
(d) These commissions are seven in number, and the districts for which they are issued are commonly known as the
PUBLIC HEALTH ACT
And the parts subject to the jurisdiction of the
commissioners acting in the execution of an
districts of the Tower Hamlets, of Saint Catharine's, of Poplar and Blackwall, of Holborn and Finsbury, of Westminster and part of Middlesex, of Surrey and Kent, and of Greenwich. (See 11 & 12 Vict., c. 112, s. 1.) The limits are described in the several commissions thus:--In the Tower Hamlets conmission,—"the limits of the Tower Hamlets (excluding Saint Catharine’s and Blackwall Marsh), in the county of Middlesex," and “ the borders or confines of the same;" in the Saint Catharine's commission, the precinct of Saint Catharine (exclusive of the Tower Hamlets and the liberties thereof), in the county of Middlesex,” and “the borders or confines of the same;" in the Poplar and Blackwall commission,-“ the limits of and between Limehouse and Blackwall, in the several parishes of All Saints Poplar and Saint Anne, in the county of Middlesex, called Poplar Marsh, otherwise Stebunheath Marsh, in the said county, siding to the river Thames, opposite to Deptford and Greenwich marshes, in the county of Kent," and “ the borders or confines of the same;" in the Holborn and Finsbury commission," the limits of the Holborn and Finsbury divisions, the parish of Saint Leonard, Shoreditch, and the liberty of Norton Falgate, in the county of Middlesex," and " the borders or confines of the same;" in the Westminster commission, —"the limits of the parishes of Hampton, Teddington, Twickenham, Isleworth, Hanwell, Brentford, Acton, Ealing, Hammersmith, Fulham, Kensington, and Chelsea, in the county of Middlesex,” “ the city and liberty of Westminster and precincts of the same, and to Temple Bar, within the said county, and from thence to and within the parish of Saint Giles-inthe-Fields and Saint George Bloomsbury, Saint Pancras, Saint Mary-le-bone, Hampstead, Willesden, and Paddington, and so to the river Thames, in the county aforesaid," and the borders or confines of the same;" in the Surrey and Kent commission,—“ the limits of the district extending from East Mouldsey, in the county of Surrey, to Ravensbourne, in the county of Kent,” and “the borders or confines of the same;" in the Greenwich commission,—“the limits extending from the head of the river Ravensbourne to Lombard's Wall,” in the county of Kent, and “the borders or confines of the same.”
, . 1, 2
Act of the fifth year of the reign of King 11 & 12 VicT.
38; 9 Geo. 4,
4, c. 56.
II. And be it enacted, that in the construction Interpreof this Act the following words and expressions Terms : shall have the meanings hereby assigned to them, unless such meanings be repugnant to or inconsistent with the context or subject-matter in which such words or expressions occur; (that is to say) Words importing the singular number shall in- Number:
clude the plural number, and words importing
(e) By the recent Act for consolidating the metropolitan commissions of sewers (11 & 12 Vict. c. 112, s. 1), the Crown is empowered to issue one commission of sewers for the city and liberties of Westminster, the borough of Southwark, all parts within the limits of the commissions referred to in the text, all parts subject to the jurisdiction of the Regent-street commissioners, and any other“ places or parts in the county of Middlesex, Surrey, Essex, and Kent, or any of them, being not more than twelve miles distant, in a straight line, from Saint Paul's cathedral, in the city of London, but not being within the city of London or the liberties thereof." But notwithstanding the issuing of any new or extended commission under that Act, the limits of the commissions now in force and the limits of the present jurisdiction of the Regent-street commissioners will continue to regulate the exception in the Public Health Act.
PUBLIC HEALTH ACT
“ Lands :"
person, or who
Words importing the masculine gender shall in
clude females : The word “person,” and words applying to any
person or individual, shall apply to and include
corporations, whether aggregate or sole: The word “lands” and the word “ premises” shall
include messuages, buildings, lands, and here
ditaments of any tenure : The word “owner” shall mean the person for the
time being receiving the rack-rent of the lands or premises in connexion with which the said word is used, whether on his own account or as agent or trustee for
other would so receive the same if such lands or pre
mises were let at a rack-rent (f): The expression “rack-rent” shall mean rent which
is not less than two-thirds of the full net annual value of the property out of which the rent arises;
and the full net annual value shall be (f) The word ” is differently defined when used in relation to the right of voting at elections (see s. 20, p. 49); in such cases, therefore, this definition will not apply. The above definition is substantially the same as in the Towns Improvement Clauses Act, 1847; and the Liverpool Sanitary Act, 1846. It is also adopted in the Metropolitan Sewers Act, 11 & 12 Vict. c. 112, s. 147.
In considering the construction of the word owner, the definitions of
and “ rack-rent" must be read together. The definition of rack-rent was introduced in the House of Lords; the first branch of it is substantially the same as the definition of the same word in the Poor Law Act (4 & 5 W. 4, c. 76), and the latter branch (with respect to the “full net annual value") is taken from the Parochial Assessment Act, 6 & 7 W. 4, c. 66, s. 1.
c. 63, s. 2.
Full net an
“ Month :"
sioners of her
taken to be the rent at which the property 11 & 12 Vict. might reasonably be expected to let from year to year, free from all usual tenant's rates and nual value, taxes, and tithe commutation rent-charge (if lating rackany), and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such
rent (g): The word “ month” shall mean calendar month: The expression “commissioners of her Majesty's Commis
treasury” shall mean the commissioners of her Majesty's Majesty's treasury of the United Kingdom of Great Britain and Ireland for the time being, or any three or more of them, or the lord high treasurer of the United Kingdom of Great Bri
tain and Ireland for the time being : The expression “superior courts” shall include « Superior
her Majesty's superior courts of record at Westminster, and the court of common pleas of the county palatine of Lancaster, and the court of
pleas of the county of Durham: The word “justice” shall mean any justice of the “ Justice :"
peace acting for the place in which the matter or any part of the matter, as the case may be,
requiring the cognizance of the "justice” arises : The expression “two justices” shall mean two or Two jus
more justices assembled and acting together in petty sessions, or one stipendiary or police
(g) See the second branch of the last note.