PUBLIC HEALTH ACT 1848. "Court of general or quarter session: " "Arbitrators: " "Oath: " "Corporate borough: 5 & 6 W. 4, c. 76. magistrate acting in any police court, for the place in which the matter or any part of the matter, as the case may be, requiring the cognizance of "two justices" arises (h): The expression "court of general or quarter sessions" shall mean the court of general or quarter sessions of the peace having jurisdiction over the whole or any part of the district or place, as the case may be, in which the matter requiring the cognizance of the "court of general or quarter sessions" arises: The word "arbitrators" shall include a single arbitrator; and the words "arbitrators" and "arbitrator" shall include an umpire: The word "oath" shall mean and include an affirmation in the case of Quakers, and a declaration in the case of persons allowed by law to make a declaration in lieu of an oath : The expression "corporate borough" shall mean any corporate borough mentioned in the schedules annexed to an Act passed in the sixth year of the reign of King William the Fourth, intituled "An Act for the regulation of municipal corporations in England and Wales,” and any borough incorporated by charter granted (h) The law with respect to the jurisdiction of justices in adjoining counties, and in adjoining cities and places having exclusive jurisdiction, is consolidated and amended by the statutes 11 & 12 Vict. c. 43, s. 6; and 11 & 12 Vict. c. 42, ss. 5, 6. or to be granted in pursuance of that or any 11 & 12 VICT. subsequent Act: The word "district" shall mean the entire area, places, or parts of places comprised within the limits of any district to which this Act or any part thereof shall be applied by order in council or provisional order of the general board of health, sanctioned by parliament (¿) : The expression" corporate district" shall mean a district in which the powers, authorities, and duties of the local board of health of the district are exercised and executed by the council of a corporate borough (k): c. 63, s. 2. "District: " "Corporate district: " The expression "noncorporate district" shall" Noncormean a district in which the powers, porate dis trict: authorities, and duties of the local board of health of the (i) Parishes and places to which the 50th section is applied, (1) See the last note. PUBLIC HEALTH ACT 1848. "Street: " "House: " 'Drain:" The word "street" shall apply to and include any highway (not being a turnpike road) (m), and any road, public (n) bridge (not being a county bridge), lane, footway, square, court, alley, passage, whether a thoroughfare or not, and the parts of any such highway, road, bridge, lane, footway, square, court, alley, or passage within the limits of any district: The word "house" shall include (0) schools, factories, and other buildings in which more than twenty persons are employed at one time: The word "drain" shall mean and include any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom, with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more (m) The object and effect of this exception is to leave the management of turnpike trusts precisely in the same position as before the passing of this Act. (n) The word "public" was added in the House of Lords solely with the view of exempting private bridges from interference. With the exception of this addition, the same definition is adopted in the Metropolitan Sewers Act, 11 & 12 Vict. c. 112. s. 147. (0) It can be hardly necessary to observe, that when the word "include" in this and other paragraphs of the section is used alone, the ordinary meaning of the word defined is not excluded. buildings or premises occupied by different 11 & 12 VICT. persons is conveyed (p) : c. 63, s. 2. The word 66 sewer shall mean and include "Sewer: sewers and drains of every description, except as aforesaid applies (p): The term "slaughter-house" shall mean and include the buildings and places commonly called slaughter-houses and knackers' yards, and any building or place used for slaughtering cattle, horses, or animals of any description, for sale: وو "Slaughter house;" works com The expression "waterworks company shall "Watermean any corporation, person, or company of pany : persons supplying or who may hereafter supply water for their own profit: The term "waterworks" shall include streams, springs, wells, pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines, and all machinery, lands, buildings, and things for supplying or used for supplying water, also the stock in trade of any waterworks company: "Water works: " board of The expression "the local board of health" shall “The local mean the persons authorized to execute in each health:" (p) The definition of the words " sewer " and "drain " was introduced by the House of Lords upon the recommendation of the select committee to whom this measure was referred. The same definition is adopted in the Metropolitan Sewers Act, 11 & 12 Vict. c. 112, s. 147. PUBLIC HEALTH ACT 1848. "The officer Mode of citing this Act. General Board of General board of constituted. district all or any of the powers, authorities, and duties vested in or imposed upon the local board of health by this Act: "" the The expressions "the officer of health," clerk," "the treasurer," " the surveyor," "the inspector of nuisances," shall mean the persons respectively appointed to be, or authorized to execute, the offices of the officer (q) of health, clerk, treasurer, surveyor, and inspector of nuisances respectively, in each district for the purposes of this Act. III. And be it enacted, that in citing this Act in other Acts of parliament, and in legal instruments and other proceedings, it shall be sufficient to use the words "The Public Health Act, 1848." IV. And be it enacted, that the first commissioner Health for the time being of her Majesty's woods and forests, land revenues, works, and buildings, together health to be with such two other persons as her Majesty by warrant under the royal sign manual may be pleased to appoint, shall be and constitute a board for superintending the execution of this Act, and shall be called "The General Board of Health," and shall have and execute all the powers and duties vested in or im (q) So in the ingrossment, but in the copies issued by the Queen's printer previously to the 9th of November, the clause stands thus: " the offices of the officers of health." The copies issued since that date have been corrected in this particular. |