c. 63, s. 1.

any part of England and Wales, except the parts 11 & 12 VICT. next hereinafter mentioned; (that is to say)

Except the

city of

and certain

neighbourhood thereof.

The city of London and the liberties thereof (c); The parts within the limits of certain commis- London, sions of sewers, bearing date at Westminster parts in the the thirtieth day of November in the year of our Lord one thousand eight hundred and forty-seven; also the parts within the limits of a certain other commission of sewers, bearing date at Westminster the fourth day of December in the year last aforesaid (d);

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 (g), 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 1848.

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 commis-
sion,-"the limits of the Tower Hamlets (excluding Saint Catha-
rine's and Blackwall Marsh), in the county of Middlesex," and
"the borders or confines of the same;" in the Saint Catha-
rine's commission,-"the precinct of Saint Catharine (exclu-
sive 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 Fins-
bury 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 Westmin-
ster 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-in-
the-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 commis-
sion," the limits of the district extending from East Mould-
sey, 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."

c. 603, s. 1, 2.

Act of the fifth year of the reign of King 11 & 12 VICT.
George the Fourth, for (amongst other things) 5 Geo. 4, c.
more effectually paving, lighting, watching,
cleansing, and regulating the Regent's-park,

100.

38; 9 Geo. 4,

and in the execution of the several Acts for 6 Geo. 4, c. extending the jurisdiction of such commis- c.64; 2 Will. sioners (e).

4, c. 56.

tation of

II. And be it enacted, that in the construction Interpre of 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 the plural number shall include the singular number:

(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 1848.

Gender:

"Person," and words applying to

persons:

"Lands:"

"Premises:"

"Owner:"

"Rackrent:"

Words importing the masculine gender shall include 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
any other person, or who
would so receive the same if such lands or pre-
mises were let at a rack-rent (ƒ):

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 "owner" 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 "owner" 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.

in calcu

rent.

taken to be the rent at which the property 11 & 12 VICT. might reasonably be expected to let from year Full net anto 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):

sioners of her Majesty's treasury:"

The word "month" shall mean calendar month: "Month:" The expression "commissioners of her Majesty's "Commistreasury" shall mean the commissioners of her 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 Britain and Ireland for the time being:

courts."

The expression 66 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 jusmore justices assembled and acting together in petty sessions, or one stipendiary or police

(g) See the second branch of the last note.

tices :"