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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![Cattle Driving. 1866. [129] Triggs v. Lester. Local Act—Carrying cattle in a van is not driving or conducting cattle. (L. K., i . Q. B., 259 : 13 L. T., 701: 30 J. P., 228.) diadrmaii. 1840. [130] Reg. V. St. Mary, Lambeth, Rector, S^c. Vestries Act, 1818—PoU—Functions of Chairman. (9 L. J., M. C, 113, and see p. 117: \Reg. v. D'Oyley'] 12 A. & E., 139: 4 P. & D., 52.) Charges and Expenses. 1858. [ 131 ] Reg. V. Rotherham L. B. R. Public Health Act, 1848, § 89—Charges and Expenses —A judg- ment against a Local Board is a Charge, to defray which a rate may be made— Six months runs from date when execution might first have issued, even in cases where execution has been stayed by consent—Mandamus granted. (27 L. J., Q. B., 156: 8 E. &B., 906: 30 L. T. (o. s.), 271.) Clerk. 1869. [132] Deeks Y. Bailey. Public Health Act, 1848, § 138: Sanitary Act, 1866, § 46—A Clerk to a Local Board must answer a BOl in Chancery ia his official capacity if made defendant. (21 L. T., 581.) 1853- C1.S3] Llanelly L. B. H. Ex-parte. (22 L. J., Ch., 419.) [Effect of decision set aside by subsequent legisla- tion.] 1874- . .[134] Beg. V. Wilts and Berks Canal Co. Application by a Shareholder for a Mandamus to allow inspection of Books—Objected, that the Shareholder was Clerk of a Local fjoard against which a suit had been instituted by the Company—Mandamus granted with costs. {Times, May 29, 1874.) Coal Duty. 1873- [l.=!S] Vaux V. Chapman. Local Act—Coal Duty—Draw- back. (27 L. T., 758.) 1866. [136] Wilson V. Hull L. B. H. Local Act—Coals—Evidence of dealing with. (12 Jur. (n. s.), 706: 14 W. E., 638.) Compensation. *,* See also Lands'Clauses Act, 1845. 1873- [137] Bigg v. London Corporation. New street constructed under Parliamentary powers—Held that compen- sation was payable for the direct injury to a cellar by an unauthorised interference therewith, but not for the indirect injury resulting from a diversion of the traffic. (L. E., 15 Eq., ^76: 28 L.T., 336: 37 564-) i8S7- [1.^8] Bold V. Williams. Public Health Act, 1848, § 68— Altering the level of a highway—Compensation for Private Injury held not payable. (21 J. P., 84.) 1824. [139] Boulton V. Crowther. Powers under a Turnpike Act— Eaising and lowering a road with the result that the access of the plaintiff to his property was interfered with—Held that the Turnpike Trustees were not liable. (2 L. J., K. B. (o. s), 139 : 2 B. & C, 703: 4 D. & E., 195.) 1858. [140] Bradford L. B. H. v. Hopwood. Public Health Act, 1848, § 123—Compensation for damage done by works—§ 123 of the aforesaid Act cannot be distinguished from § 25 of the Lands Clauses 1867. [14.] HallY. Bristol, Mayor. Public Health Act, 1848, § 144—Construction of Sewer—In order to be entitled to compensation a person must show actionable damage— Damage does not include inconvenience. (36 L. J., C. P., 110: L. K., 2 C. P., 322: i5L.T., 572.) 1837. [142] Lister v. Lobley. Compulsory purchase of premises— Compensation is payable to a lessee as well as to the freeholder. (6 L. J., K. B., 200: 7 A. & E., 124: 6 Nev. & M., 340: 2 Harr. & WoU., 12.) 1865. [143] Pentney v. Lynn Paving Commissioners. Towns Im- provement Clauses Act, 1847, §§ 22 and 25— Proposed arcliing over of a Tidal Watercourse— Compensation. (12 L. T., 818.) 1865. [144] Reg. V. Darlington L. B. H. Public Health Act, 1848, §§ 4S and 144: Local Government Act, 1858, § 73—Construction of Sewer—Injiuy by abstraction of water—Held that the remedy was by action at Law and not by proceedings for com- pensation under the first named Act. (35 L. J., Q. B., 45 : 6 B. & S., 562: 29 J. P., 419.) 1869. [ 145 ] Reg. V. Wallasey L. B. H. Public Health Act, 1848, §§69 and 144—When a Local Board executes works on default of an owner and causes damage, compensation is payable in the usual way to that owner. (38 L. J., Q. B., 217 : L. E., 4 Q. B., 351 : 10 B. & S., 428: 21 L. T., 90.) i8S7- . [146] Stainton v. Woolrych. Interference with Water— Works planned by public Boards may be executed, though they tend to inflict injury on property— Compensation payable—Injunction refused. (26 L. J., Ch., 300: 23 Bea., 225 : 23 L. T. (o. s.), 333.) Contract. t* See also Seal. 1858. [147] Bateman v. Ashton-under-Lyne, Mayor. Water supply —Engineer's plans—Validity of a Contract entered into by a Corporation—Generally speak- ing, a corporation is as much bound by its contract as an individual where the seal is affixed in a binding manner. (27 L. J., Ex., 458: 3 H. & N., 323: 31 L. T. (o. s.), 299.) 1852. [148] Clark V. Cuckfield Union. Erection of Water-closets—■ Contract not under seal—Action held to be main- tainable. (21 L. J., Q. B., 349: I Bail Ct. Cas., 81 : 19 L. T. (o. s.), 207.) i860. [149] Cobham v. Holcombe. Public Health Act, 1848, § 138—Contract on behaK of a Local Board— Suit by Clerk for the enforcement of the Contract .held maintainable. (8 C. B. (n. s.), 815.) 1833- . [iS°] Curling v. Johnson. Contract with a Board—Condition that the Contractor should pay the Law expenses thereof—Held that when the Contractor refused to pay unreasonable charges the Clerk suing qua Clerk could not recover, his remedy being personal against the Contractor. (10 Bing., 89: 3 Moo. & S., 496.) 1853- [151] Davies v. Swansea, Mayor. Public Health Act, 1848, § 139—Neglect to complete Works—Con- struction of a Contract. (22 L. J., Ex., 297 : 8 Ex., 808: 21 L. T. (o. s.), 143.) 1865. [152] Goodyear v. Weymouth, Mayor. Building Contract for a Market—Extras—Finality of Ai-chitect's](https://iiif.wellcomecollection.org/image/b20386643_0141.jp2/full/800%2C/0/default.jpg)
