A digest of the law relating to public health and local government : with notes of 1073 leading cases, various official documents, precedents of by-laws and regulations, the statutes in full, a table of offences and punishments, ample indexes, &c / by George F. Chambers.
- George Frederick Chambers
- Date:
- 1875
Licence: Public Domain Mark
Credit: A digest of the law relating to public health and local government : with notes of 1073 leading cases, various official documents, precedents of by-laws and regulations, the statutes in full, a table of offences and punishments, ample indexes, &c / by George F. Chambers. Source: Wellcome Collection.
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![1870. _ _ [105] Reg. Y. London Commissioners of Sewers. Local Act— Application for a license to erect a hoarding round a work abutting on 4 streets—Conditions that there must be 4 licenses: that their duration ■was to be limited to 2 months, and that no bills were to be posted—All held iinreasonable—The duration of a license should be proportionate to the magnitude of the works. (22 L. T., 582.) 1856. [106] Reg. V. Tunstall Turnpihe Road Trustees. Public Health Act, 1848, § 53—Turnpike Act—Erection of a Toll House—Held that the Trustees were subject to the provisions of the first named Act. (27 L. T. (o. s.), 184: ITunstall, (^c. r. Lowndes'] 20 J. P., 374.) 1859. _ [107] Robins v. Merry. Building unlawfully erected on a fore-com-t, held lawfully pulled down by a Board. (Metropolis.) (32 L. T. (o. s.), 256.) 1861. [108] 8hiel Y. Sunderland, Mayor. Local Government Act, 1858, § 34—By-Law—New Buildings—Ee- biulding—Ventilation—Back Street. (30 L. J., M. C, 215: 6 H. & N., 796: 25 J. P., 647.) 1863. C109] Slee V. Bradford, Mayor, ^c., of. Local Government Act, 1858, § 34—Building By-Laws—Setting back line of street—Approval of plans—Injunc- tion granted under the circumstances to restrain the defendants from interfering with the plaintiff's building. (4 Giff., 462 : 8 L. T., 491.) 1861. [no] Tucker Y. Rees. Local Government Act, 1858, § 34 —By-Law requiring an open space of a stated area to be left belonging to a building, held bad as regards old buildings—Conviction quashed. (7 Jur. (n. s.), 629.) 1867. [ill] Waite Y. Garston L. B. H. Local Government Act, 1858, § 34—By-Law that no house should be erected without a back roadway communicating with some adjoining public street, held unreason- able. (37 L. J., M. C, 19: L. E., 3 Q. B., 5: 17 L. T., 201.) 1874. [112] Weston Y. Arnold. Local Act—Party Wall—Ancient lights—Held that a wall might be a party wall near its base and an outer wall above, each portion having its own legal attributes indepen- dent of the other. (4:5 L. J., Ch. 123.) 1864. ■ ■ [113] Young v. Edwards. Local Government Act, 1858, § 34—Local Act—Building By-Laws—By-Law respecting non-compliance with the requirements of the Board, held ultra vires, and a conviction under it bad. (33 L. J., M. C, 227 : 11 L. T., 424.) (2.) MARKET. 1864. [114] De Caux v. Powley. By-Law—Market Place—Leaving a Cart there for an unreasonable period—Convic- tion. (28 J. P., 806.) 1863. _ [115] Savage v. BrooTc. Markets and Fairs Clauses Acts, 1847, § 42—By-Laws restricting the deposit of articles, held good, notwithstanding a local usage. (33 L. J., M. C, 42 : 15 C. B. (n. s.), 264 : [Savage V. Savage.] 9 L. T., 334.) (3.) VARIOUS. 1844. ' . [116] Ellwood V. Bullock. By-Law—Fair—A By-Law pro- hibiting the erection of a Booth without the license of the Mayor; and that any such license given, save in respect of Fair-time, might be re- voked at the instigation of householders, is un- reasonable and therefore bad, although the By- Law was duly published and not disallowed by the Secretary of State. (13 L. J., Q. B., 330: 6 Q. B., 383.) 1824. [117] Harrison v. Williams. Corporate Town—A resident inhabitant has a right, even though he be not a member of the corporation, to inspect and have a copy of a By-Law for a breach of which an action against him is pending.—Mandamus granted. (4 D. & E., 820.) 1839 and 1841. [118] Hopkins v. Swansea, Mayor. Municipal Corporation —Annual distribution of rents—By-Law. (8 L. J., Ex., 121: 4 M. & W., 621: A£armed 8 M. & W., 901.) 1840. [119] Boulters' Co. v. Phillips. An omission in a By-Law may be supplied by implication from the subject- matter of the By-Laws—A By-Law is to receive a reasonable construction. (9 L. J., C. P., 190: 6 Bing. (n. s.), 314: 4 Jiu^o 124.) 1862. [120] Reg. V. Lwndie. Local Act—Common—A By-Law, un- reasonable in part, may be divisible and may be good as to that part which is not unreasonable. (31 L. J., M. C, 157 : S T., 830.) 1855- [121] Reg.Y. Rose. (2.) Local Boards have no general powers to make By-Laws, but may only make such By- Laws as are authorised by Statute. (24 L. J., M. C, 130 : IReg. v. Wood] s E. & B., 49 : 3 C. L. E., 1134 : [_Reg. v. Staffordshire JJ.] 25 L. T. (o. s.), 127.) 1810. _ _ [122] Rex Y. Ashwell. A municipal By-Law may be repealed by the Body which made it. (12 East., 22.) 1799- [123] Rex Y. Faversham Fishermen. A By-Law may be good in part and bad in part, if the two parts are entire and distinct. (8 T. E., 352 and 356.) 1867. [124] Ryde Pier Co. v. Porter. Local Act—By-Laws to con- trol persons using the pier held reasonable and of general application. (31 J. P., 35 S-) 1834- .. [125] Shaw V. Poynter. Municipal By-Law—When a person is sued for breach of a By-Law to which there is a proviso making certain exemptions, it is unneces- sary to aver that the case was not within the exceptions : such fact if it exist must be proved by the Defendant by way of excuse. (3 L. J., K. B., no: 4N. & M., 290: 2 A. & E., 312.) 1840. [126] Sills V. Brown. Evidence of a practice in contraven- tion of a By-Law is not admissible. (9 C. & P., 601.) Casual Vacancy. 1857. [127] Reg. V. Griffiths. (2.) Appointment of an Officer in a certain month fixed by Statute—Held that an appointment some months later was good. (26 L. J.,Q.B.,3i3: 7 E. &B.,9S3: 29 L. T., (o. s.) 196.) [Glen relies on this case to show that a casual vacancy in a Local Board may ( Public Health Act 1848, §12) be filled up after a month has elapsed: sed qu(Bre?] 1874. [128] Roberts, Ex-parte. Local Government Act, i8.i;8, § 24—Annual Election—Fewer Candidates than vacancies—A seat thus left unoccupied treated by the Board as a casual vacancy, and filled up accordingly—Eule nisi granted for a, Quo Warranto against the occupant. (Times, May 29, 1874,)](https://iiif.wellcomecollection.org/image/b20386643_0140.jp2/full/800%2C/0/default.jpg)
