person having authority from the Commissioners or Board of Customs, at any time before the nuisance authority shall visit and examine the ship, to detain the ship, and requires the master to moor the ship where such officer shall order.

No person shall, after such detention, land from the ship, and the officer shall forthwith give notice of the detention and of the cause thereof to the proper nuisance authority, and the detention shall cease as soon as the nuisance authority shall visit and examine the ship, or at the expiration of twelve hours after notice shall have been given to such nuisance authority.

And by another order in Council, bearing date the 5th day of August, 1871, it was ordered that

1. No master of any ship in which, during the voyage and before the arrival thereof at any port of the United Kingdom, any person has been attacked with or died of cholera, shall bring his ship into any such port until he has destroyed the clothing and bedding of all persons who shall so have died, or had an attack of cholera on board such vessel during such voyage.

2. The terms

ship," master," and "cholera," are

defined as in the former order.

3. The terms "clothing and bedding" mean and include all clothing and bedding in actual use and worn or used by the person attacked as aforesaid at the time of and during such attack.

PREFATORY MEMORANDA.

The following additions and corrections should be made :To the note (i), on page 44, add, "See the observations of Blackburn, J., in Ex parte Ferguson, L. R. 6 Q. B. 291." Upon the term justice, on page 45, see Q. v. Brodhurst, 32 L. J. M. C. 168.

In note (r), on page 126, for 4 Q. B. 351, insert " L. R. 4 Q. B. 351, 10 B. & S. 428."

To note (w), on page 127, after Willis v. Wellington, add "Hirst v. Local Board of Halifax, 40 L. J. M. C. 43."

To note (8), on page 129, add, "Neither have the Justices when called upon to enforce the demand of the Board, though if there be any wrong or grievance in the charge, redress may be obtained under s. 120, post, Cook v. Ipswich Local Board, L. R. 6 Q. B. 128."

To note (m), on same page, after 74 J. P. 772, add L. R. 6 Q. B. 128.

To note (s), on page 134, add, " But see the new statute 34 & 35 V. c. 71, enabling Local Boards to establish these institutions, in the Appendix."

To note (e), on page 142, add, "See farther 29 & 30 Vict. c. 90, s. 28, as to mortuaries to be provided by the Nuisance Authority."

To the cases cited in note (e), on page 161, add, Roberts v. The Corporation of Sheffield, 24 L. T. 659.

To the cases cited in the note on page 200, the cases of Foreman v. The Corporation of Canterbury, 40 L. J. Q. B. 138, and Smith v. The South Western Railway Company, L. R. 6 C. P. 14, should be added.

Add to note (h), on page 289, "But see 29 & 30 Vict. c. 90, s. 44, and the note on p. 528, in the Appendix."

On page 307, in note (e), for, "and not as it seems to apply," read, "will not, as it seems, apply."

Page 328, note (e), for 18 & 19 Vict. c. 18, read "8 & 9 Vict. c. 18."

Page 336, note (f), The 33 & 34 Vict. c. 1, has been. repealed by 34 & 35 Vict. c. 3, but re-enacted, the term "provisional order," being interpreted to include " Provisional certificates, schemes, and orders in the nature of provisional orders."

On page 381, note (ƒ), for filth read "right."

On page 386, in reference to Petroleum, add, "these Acts have, however, been repealed by 34 & 35 Vict. c. 99, 99, and other provisions enacted."

INTRODUCTION.

THE Common Law of England in the early periods of our history provided but very scantily for the rude and scattered population of the country in regard to their social exigencies, and though the expansive powers of modern jurisprudence extend the principles of that law very far to meet the demands of the civilized state of this densely-peopled nation, still those principles must be maintained generally upon the basis of their original foundations. The highway must be kept in repair, so that the line of road must be preserved, but the common law did not provide for its being paved or swept or scavengered. "If the road be miry," said the old judge," the traveller must pluck up his hose and put on his boots." But no indictment would lie against the parish.

In process of time the Crown was empowered to issue commissions to form great sewers to drain large districts, but no provision was made for the smaller, but not less important, drainage which separate and individual dwellinghouses required for the comfort and the health of the inmates and the neighbourhood. Again, though in the Court of the Leet, many of the minor nuisances which exist where men congregate together in their dwellings were the subjects of investigation and penalty, the process was tedious and the results seldom very efficacious.

B

As civilization advanced, and population increased, it became necessary that special legislation should be resorted to for the supply of greater powers for extending the means of improving the external condition of towns, or regulating the conduct of persons in their out-of-door life, and repressing the nuisances and petty annoyances by which careless or ill-regulated persons molest, injure, or inconvenience their neighbours or the public. But until very lately no general measure applicable to the whole of the nation was passed by the legislature. Where the inhabitants of any town, or populous parish, found themselves suffering under the grievances above adverted to, or were desirous of improving the general state of their district for their mutual benefit, or of extending its attractions for visitors, they applied to parliament to make a special law for them. In their application they sought for all the special authorities which they considered their own peculiar condition then required. The demand was conceded as necessary or reasonable, though where private rights and interests were interfered with, contests took place with varying success to prevent their destruction, or to secure adequate compensation. For a century and a half will be found in the annals of parliament a long series of the local and private Acts of the character and for the purposes thus described. Of course they have been most numerous during the present century, and making all allowance for the variations rendered necessary by local circumstances, they had become very uniform in their nature and provisions.

The Acts were sometimes of a limited and at other times of a very comprehensive character. One town would seek to provide means of improving its streets and its sewers,— another to obtain adequate means of lighting its highways.