Page images
PDF
EPUB

The Local Government Act, 1888, created the administrative county, taking away from the justices of the peace many of their administrative duties, leaving them, however, their judicial functions. Each administrative county now possesses a county council exercising supervision over district and parish council, but in itself in subordination to the King in Council and the Local Government Board, the former wielding a general control over its action, the latter supervising the details of administration.

The rural district council, the urban district council, and the parish council, are the creation of the Local Government Act, 1894, framed with the express purpose of completing and extending the machinery set in motion by the principal Act.

The student must carefully notice the words " may" and "shall" in italics, because generally speaking the word "may" is an enabling, permissive phrase vesting a discretionary power in the local authority, whereas when the word "shall" is used it is mandatory, compulsory, and peremptory, and the local authority has no option but to obey in the strict terms of the statute.

There is nothing that experience has taught, or the brain of man can suggest, that the Legislature has overlooked in its perpetual endeavour to elevate the conditions of life, both for man and beast, to the highest standard.

Nor is Parliament content with keeping an ever vigilant eye on all the departments in the ordinary routine of our daily existence, but looking ahead, it takes precautionary steps to anticipate the dangers prevalent in our midst, by passing such Acts as the Infectious Diseases Notification Act of 1889, and the Infectious Diseases Prevention

Act of 1890, the good results of which it would be difficult to over-estimate. Thus by vigilance, caution, and foresight, despite the quickly changing and trying climate, despite the fog, smoke, and crowds of the large cities, longevity is not unknown even in London, and to-day it is doubtful if a person has not as good an expectation of attaining ripe old age in the United Kingdom as in any other part of the globe.

6

CHAPTER II.

THE PUBLIC HEALTH ACT, 1875.

THIS chapter is divided into five parts:

Part 1.-Definitions of Terms.

Part 2.-Authorities for Execution of the Act.

Part 3.-Sanitary Matters.

a. Sewerage and drainage.

b. Disposal of sewage.

c. Privies.

d. Scavenging and cleansing.

e. Water supply.

f. Cellar dwellings and lodging-houses.

g. Common lodging-houses.

h. Nuisances.

i. Offensive trades.

j. Unsound meat.

k. Infectious diseases.

1. Hospitals.

m. Prevention of epidemic diseases.

n. Mortuaries.

Part 4.-Highways and Streets.

Part 5.-General Provisions.

Bye-laws.

Throughout these pages the following abbreviations

will be used :

---

The Act.. for The Public Health Act, 1875.

[merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small]

Definitions of Terms under "the Act."

"Parish" means a place for which a separate poor rate is, or can be made, or for which a separate overseer is, or can be, appointed.

66

99 Guardians means any persons or body of persons by whom the relief of the poor is administered in any union.

"Local Authority" means urban sanitary authority and rural sanitary authority.

"Owner" means the person for the time being receiving the rack-rent of the lands or premises in connection with which the 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 premises were let at a rack-rent.

"Rack-rent" means 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 taken to be the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant's rates and taxes and tithe commutation rent-charge (if any), 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.

"Street" includes any highway (not being a turnpike road), and any public bridge (not being a county bridge), and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not.

NOTE.-A cul-de-sac may be a street and public highway. (Souch v. East London Rail. Co., L. R. 16 Eq. 105.) So can a highway, one end of which has been legally stopped. (R. v. Burney, 39 J. P. 599.) But a way ceases to be a public highway when access to it from either end is impossible, both ends being stopped legally. (Bailey v. Jamieson, 1 C. P. D. 329.)

"House" includes schools, also factories and other buildings in which (more than twenty) persons are employed (at one time).

NOTE.-A consecrated church of the Established Church of England is not a house, because by the common law it is for ever incapable of being used as a habitation for man. (Wright v. Ingle, 16 Q. B. D. 379.) But not so a dissenting chapel which is a house, as it is not dedicated for ever to divine use. The former is exempted, e.g., from liability to contribute to the expense of paving a street, but not the latter. An erection made of wood, 30 ft. long and

« EelmineJätka »