The Public Health (London) Act, 1891 : with an appendix containing statutes affecting the metropolis / by Alexander MacMorran and E.J. Naldrett.

  • MacMorran, Alexander.
Date:
1910
Catalogue details

Licence: In copyright

Credit: The Public Health (London) Act, 1891 : with an appendix containing statutes affecting the metropolis / by Alexander MacMorran and E.J. Naldrett. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

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    U7 by a subsequent byelaw made pursuant to the provisions of this Act : Provided that no byekw made under this Act by a local authority shall be of any eflPect if repugnant to the laws of England or to the provisions of this Act. This section and the four following are incorporated by s. 114, ante, p. 220, and apply to byelaws made under this Act by the sanitary authority or the county council. Byelaws are made by the sanitary authority under ss. 16 (1), 39 (2) 50, 66 (3), 88, 94, 95 (2) ; and by the county council under ss. 16 (2), 19 (4), 28 (2), 39 (1). The sanitary authority or county council have no power to make byelaws for purposes of this Act except to the extent that the Act expressly empowers them to do so {B. v. Wood (1855), 5 ijl.^ Bl 49-3 C. L. B. 1134 ; S. C. sub nom. R. v. Rose, 19 J. P. 676 ; 24 L. J. M. C. 130 ; 1 Jur. (k.s.) 802. And see Byrne v. (1893), 57 J. P. 741). For a discussion of the general grounds upon which a byelaw will be held void as unreasonable, see Slattery v. Naylor (1888) 13 App. Cas. 446 ; 57 L. J. P. C. 73 ; 59 L. T. (n.s.) 41 ; 36 W. B 897 • Toronto Municipal Corporation v. Virgo, [1896] A. C. 88 65 L J. P. C. 4 ; 73 L. T. (n.s.) 449 ; Walher v. Stretton (1896) 60 J P 313 • 44 W. B. 525 ; Kruse v. Johnson, [1898] 2 Q. B 91; 62 J. P.' 469 ; 67 L. J. Q. B. 782 ; 78 L. T. (n.s.) 647 46 W. R. 630. Sched. 1. 183. Any local authority may, by any byelaws made ^o^^^^r by them under this Act, impose on offenders against the penalties on same such reasonable penalties as they think fit, lift breach of exceeding the sum of five pounds for each offence, and in the case of a continuing offence a further penalty not exceeding forty shilKngs for each day after written notice of the offence from the local authority ; but all such bye- laws imposing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty. Penalties for breaches of byelaws made under this Act will be recoverable under s. 117, ante, p. 225. 184. Byelaws made by a local authority under this Confirmation Act shall not take effect unless and until they have been °^ ^y^^^'^^-'^- submitted to, and confirmed by, the Local Government Board, which Board is hereby empowered to allow or