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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![1844- [197] CouUon V. Ambler. Public or Parish Drain— Navigable river or cut—Question of fact. (14 L. J., Ex.j 10: 13 M. &W.,40 3: 3 EailCas., 724,n.) 1861. ■ [198] Hwart Y. Cochrane. Drainage of adjacent properties held by one owner—Severance—Implied grant of easement as to Drain. (4 Macq. H. L. Cas. 117: S L. T., I : 10 W. E., 3.) 1857- [199] Fyer v. Carter. Eights of the owners of 2 adjacent houses to a Drain common to each—Easement. (26 L. J., Ex., 258: iH. &N.,9i6: 28 L. T. (o.s.), [Called in question in Suffield v. Brown, 33 L. J., Ch., 249.) 1842. [200] Bussell V. Shenton. Nuisance—The cleansing and repair of Drains is prima facie the duty of the occupier. (11 L. J., Q. B., 289: 3 Q. B., 449: 2 G.&D., 573.) SSlectiou. *t* See also Beturning Officer and Voting. 1861. [201] Easton v. Alee. Local Act—Qualification depending on being rated by one or more Eate or Bates to a specified minimum amount, held to refer to the annual rateable value and not to the money payable annually. (31 L. J., Ex., 115: 7 H. & N., 452: 5L.T., 323.) 1856. [202] Howitt V. Manfull. Public Health Act, 1848— Local Board—Three members were disqualified by non-attendance, and the Board decided that they should be the members to retire by rotation —Held that a Eate subsequently made by the Board re-constituted was good. (25 L. J., Q. B., 411: 6 E. & B., 736: 27 L. T. (o. s.), 183.) 1866. [203] Beg. V. Backhouse. An Election of a Local Board con- ducted in the usual manner, save that the chair- man was absent and no deputy was appointed, is void, and his certificate of the result a nullity. (36 L. J., Q. B., 7 : L. E., 2 Q. B., 16: 7 B. & S., 911: isL.T., 24a.) 1866. [204] Reg. V. Blizard. Municipal Corporation—Quo War- ranto—Where a successfid Candidate is not quali- fied, he cannot by resigning his seat deprive of his rights an opponent who claims his seat. ( 56 L. J., Q. B., 18: L. E., 2 Q. B., 5s : 7 B. & S., 922 : 15 L. T., 242.) [See Reg. y. TewTceshury, Mayor.'} 1864. [ 205 J Beg. V. Briggs. Local Act—Quo Warranto against a Commissioner—Interest of Eelator—An owner of rateable property held qualified to be a Eelator— Promise by agent of candidate to pay the rates of ratepayers in arrear does not render their votes good if Act requires actual pre-payment. (II L.T., 372: 29 J. P., 423.) 1872. [206] Beg. Y. Cooper. (2.) Quo Warranto—Parochial Election —PoU demanded but not taken because of alleged retirement of candidate who obtained a majority of votes on the show of hands—Held that as there was no poll granted a certificate that such candidate had been elected was invalid. (39 L. J., Q.B.,273: L.E.,sQ.B.,4S7.) 1844. _ _ [207] Beg. V. Beighton. Municipal Corporations Act, 1831; —Quo Warranto—Election of Alderman—To de- scribe a candidate as of a place where he daily transacts business, instead of giving his residence, is a misdescription sufficient to avoid his election. (13 L. J., Q. B., 241: J>. & M., 682 : s Q. B., 896.) 1858. [208 J Beg. Y. Eddows. Local Act—Qualification by Eating —Candidate rateable but not rated, held ineligible. (28 L. J., Q. B., 84 : I E. & E., 330.) 1868. [209] Beg. V. Ireland. Municipal Corporations Act, 1835, § 9 (i)—Quo Warranto—Parochial relief to a father is not relief to a son, so as to disqualify the latter. (37 L. J., Q. B., 7^ : L. E., 3 Q. B., 130: 9B. &S., 19: 17L. T., 466.) 1867. [210] Beg. V. Parhinson. Municipal Corporation—Ward Election—A Nominator must be entitled to vote in the Ward for which he nominates, or a nomina- tion by him will be invalid. (^7 L. J., Q. B., 52 : L. E., 3 Q. B., II: 8 B. & S., 769: 17 L. T., 169.) t874- [211] Beg. V. Portland L. B. Election—Error in casting up the Votes—Discovery of this fact some time after the declaration of the PoU made by the returning ofiicer—Eule nisi for a Quo Warranto against a candidate declared elected. (38 J. P., 758.) 1857. [212] Beg. Y. St. Pancras Inspectors of Votes. Parochial Election—A Eetuming Officer is not to return an. unqualified Candidate even though he have a majority of votes. (7 E. & B., 954: [Boss, Ex- parte'] 26 L. J., Q. B., 312 : 29 L. T. (o. s.), 197.) 1874. [213] Beg. V. Tong Street L. B. Neglect to hold the customary annual election—Mandamus granted to compel the Board to do so six months after the proper time. (38 J. P., 756.) I8SS- C214] BoUnson, Ex-parte. Public Health Act, 1848— Alleged void Election—Eule nisi for Quo War- ranto. (19 J. P., 724.) [Eule absolute: 26 L. T. (o. s.), 105, nom.. Beg. v. Bobinson.} 1872. [215] Tv/rner, Ex-parte. Local Board Election—Accidental neglect to add up votes on the proper day—Held that it might be done on a subsequent day. (36 J. P., 744.) 1854- [216] Westbwry on Severn Union, In re. Election of Guardians —Delivery of a Nomination Paper on a Sunday- treated as a delivery on the day following. (4 E. and B., 314: 18 J. P., 758: [_Beg. v. Poor Law Commissioners.! 1 Jur. (n. s.), 251: 24 L. T. (o.s.), iS6.) Estimate. 1857. [217] Cunningham v. Wolverhampton L. B. H. Public Health Act, 1848, §§ 85 and 69—Execution of Works—Estimate and Eeport from Surveyor are only requisite when a Local Board will have here- after to maintain Works which it may execute. (26 L. J., M. C, 33: 7 E. & B., 107: as to costs, 28 L. T. (o. s.), 252.) Fences. 1850. [218] Barnes v. Ward. Occupier bound to fence an excava- tion near a public way; on default and an accident happening, Lord Campbell's Act is applicable. (19 L. J., C. P., 194: 2 C. & K., 661: 9 C. B., 392.) 1855- C219] Cornwell v. Metropolitan Commissioners of Sewers, Where an ancient Tidal Sewer runs along a high- way, the right to the highway is subject to the Sewer, and the Owner of the Sewer is not bound to fence. (10 Ex., 771: 3C. L. E., 417: 19 J. P., 1859. [220] Eardcastle v. South YorTcshire Bailway, ^e., Co. No obligation to fence an excavation is cast upon au](https://iiif.wellcomecollection.org/image/b20386643_0144.jp2/full/800%2C/0/default.jpg)
