/ 
 
 MARCH. 
 
 Vi 
 
 STEV 
 
 119 & 120, C] 
 The Annual ] 
 
 PaiTictpr-at-I aw ; 
 
 S rUINGEli. of tl 
 
 A Thin Taper Kditit^t^ 
 
 The Annual ( 
 
 Honour JUPGE ; 
 
 Tuo Vi'Is. Dtmy 
 
 •»• A Thin Paper hriiti 
 
 Theobald's Cone 
 
 Edition. By H. S. 
 Pr<ce II. 15*. >hth. 
 
 Digest of Cas( 
 
 speciiilly coiisidercc 
 W. A. G. WOODS 
 1P07. Frice bl. bs. 
 
 Pollock's Law < 
 
 Obligations arising 
 .«ir FREDERICK 
 Contiact," "A Di| 
 1/. bs. cluth. 
 
 Wigram's Justic« 
 
 of the Jurisdiction g 
 Edition. By LEOJ 
 Price 7«. Grf. cloth. 
 
 Hohinson's Law i 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 1908. 
 
 s, 
 
 , w.c. 
 
 Snow, 
 
 and F. A. 
 
 ?t, rloth. 
 s. &d. extra. 
 
 }y His 
 
 Br-at-Law. 
 . 6d. extm. 
 
 Seventh 
 
 Bfo. 1908. 
 
 erwise 
 
 lents. By 
 Royal %vo. 
 
 pies of 
 
 ition. By 
 jiciples of 
 08. Frice 
 
 ccounfc 
 
 ^ Eiqhth 
 no. i908. 
 
 itutes, 
 
 Forms, and Decided (^ases in the Courts of England, Scotland, and Ireland. — Second 
 Eaitwii. By ARTHUR KOBlNSON, Barrister-at-Law. Jtoyal 8vo. 1908. 1^-ice 
 ]/. OS. cloth. 
 
 Bousfield's Weights and Measures Acts, 1878 to 1904, 
 
 ■with the Board of Trade Eegnlatiors and other Statutes relating thereto. — By 
 W. ERIC BOITSFIELD, Barrister-at-Law, with a Preface by W. R. BOUSFIELD, 
 K.C. JJinii/ 8ro. 1907. J'rice 6,v. cloth. 
 
 Alabaster's Money-lenders and Borrowers. — The Law 
 
 relating to fbe Transactions of Money-lenders and Borrowers. By C. GRENVILLE 
 ALABASTER, Barrister- at-Law. Demy 8ro. 1908. Frice 6s. cloth. 
 
 Bartley's Adulteration of Food. — Statutes and Cases 
 
 dealing with Coffee, Tea, Bread. Seeds. Food and Drugs, Margarine. Milk Blended 
 Butter. Fertilisers and Feeding Stuffs, &c., &c. Third Edition. By DOUGLAS C. 
 BARTLEY, Barrister-at-Law. Foynl Vlnio. 1907. Frice '[Os. cloth. 
 
 Temperley's Merchant Shipping Acts, 1894 to 1907. — 
 
 Second Edition. By ROBERT TEMPER LEY, Solicitor. HUBERT STUART 
 MOORE, Banister-at-I.aw, and ALFRED BUCKNILL, Barrister-at-Law. 
 Foyal Hro. 1907. Frice SOs. cloth. 
 
 Godefroi's Law relating to Trusts and Trustees. — Third 
 
 Tditiin. By WHITMORE L. RICHARDS and JAMES I. STIRLING, Barristers- 
 at-Law. FoyalHvo. 1907. Frice \ I. ISs. clot/,. 
 
 Eeywood & Massey's Lunacy Practice. — By Aethur 
 
 HEYWOOD and ARNOLD MAS^EY, Solicitors. Third Edition. By the 
 AUTHORS and RALPH C. ROMER. Fir^t Class Clerk in the Office of the 
 Masters in Lunacy, lloyal %vo. li)07. Frice 2hs. cloth. 
 
 Campbell's Principles of English Law. — Founded on 
 
 Blackstone's Commentaries. By ROBER I' CAMPBELL, Barrister-at-Law, Editor 
 [ of " Ruling Cases," &c. Jfemy Svo. 1907. Frice 'Ids. cloth. •, 
 
 *♦* .4 C0talo^ue of Modern law Wrrkt, livportu, ^c. pout free, 6il. 
 ( 1 ) 
 
STEVENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE, LONDON. 
 
 -m 
 
 Roscoe's Digest of the Law of Evidence on the Trial of 
 
 'Actions at Nisi Prius. FA<jhtfienth Edition. By MAURICE POWELL, Barrister- 
 at-Law. Two Vols. Demi/ 8vo. 1907. Price 21. 2s. eloth. 
 
 Knowles' Law relating to Compensation for Injuries to 
 
 Workmen ; being an Exposition of the Workmen's Coraoensition Act, 1906, and 
 of the Case Law re''evan<' the''eto. Second JEdition. Including the Rules and Forms. 
 Py C. M. KNOWLES. Rarrister-at-Law. Dem>/ %vo. 1907. Frice 8s. net, cloth. 
 
 De Hart & Simey's Marine Insurance Act, 1906. — 
 
 With Notes. Bv EDWARD LOUIS dt5 HART and RALPH ILIFF SIMEY, 
 
 Barristers- at-Law Royal %vn. 1907. Price Os. eloth. 
 
 Addison's Treatise on the Law of Torts ; or Wrong:s and 
 
 their Reraedi<-s. Fj'ihth Fdifinn. Bv WILLIAM EDWARD GORDON and 
 WALTER HUSSEY GRIFFITH, Barristers-at-Law. Royal 8vo. 1906. Price 
 U. 18«. eloth. 
 
 Addison on Contracts. — A Treatise on the Law of Con- 
 tracts. Tenth Fdition. By A. P. PRRCEV VL KEEP and WILLIAM E. GORDON, 
 
 Barristers-at-Law. Ro'/al8vo. 1903. Price 21. 2s. cloth. 
 
 Fry's Treatise on the Specific Performance of Contracts. 
 
 —By the Right Hon STR EDWARD FRY Fourth Fdition. By W. D. RAWLINS, 
 K.C. Royal im. 1903. Prii-eU. ICs. cloth. 
 
 Leake's Principles of the Law of Contracts. — Fifth Edit. 
 
 By A. E. RANDALL, Barrister-at-Law. Royal 8vo. 1906. Price II. 12s. cloth. 
 
 Hart's Law of Banking. — Second Edit. By Heber Hart, 
 
 LL.D., Barrister-at-Law. Royal 8ro. 1906. Price 11. \Qs. cloth. 
 
 Burge's Colonial Law. — Commentaries on Colonial and 
 
 Foreign Laws Generally and in their Conflict with each other. New and Enlarged 
 . Edition. By A, WOOD RENTON. Puisne Judge, Ceylon, and G. G. PHILLTMORE, 
 Barrister-at-T,aw, assisted by Experts in the several systems of Law. Five Vols. 
 Royal 8vo. Price, net, 81. 8s. cloth. 
 
 Jackson and Gosset's Investigation of Title. — Beinp^ a 
 
 Practical Treatise and Alphabetical Digest of the Law connected with the Title to 
 Land, with Precedents of Req.iisitions. Bv W. HOWLAND JACKSON and 
 THOROLD GOSSET, Barristers-at-Law. Third F.-HHon. Bv W. HOWLAND 
 JACKSON, Barrister-at-Law. I)emy 8ro. 1907. Prir-e las. cloth. 
 
 Everest and Strode's Law of Estoppel. — Second Edition. 
 
 By L. F. EVEREST, Ban-ister-at-Law. Demy 8rn. 1907. Price 2.5.?. cloth. 
 
 Cohen's London Building Acts, 1894 to 1905.— With 
 
 Introductions and Notes, &c. ByE. ARAKIE COHEN, Barrister-at-Law. Royal 
 8vo. 1906. Price 2^h. cloth. 
 
 Kennedy's Treatise on the Law of Civil Salvage. — By 
 
 The Rieht Hon. LORD JUSTICE KE^^NEDY. Second Fdition. By A. R. 
 KENNEDY, Barrister-at-Law. Roiml 8vn. 1907. Price 15*. cloth. 
 
 Russell's Railway Rates and Charges Orders, with Expla- 
 natory Notes and Decisions. —By HAROLD RUSSELL, Barrister-at-Law. Royal 
 8vo. 1907. Price 10s. Qd.clo'h. 
 
 Sieveking's German Law relating to the Carriage of 
 
 Goods by Sea.— By Dr. ALFRED SIEVEKING, of Hamburg. Demy 8vo. 1907. 
 Price 15". eloth. 
 
 Wang's German Civil Code. — Translated and annotated, 
 
 with an Historical Introduction and Appendices. By CHUNG HUI WANG, 
 D.C.L. Royal 8vo. 1907. Price 2\s. cloth. 
 
 Ridges' Constitutional Law of England. — By E. Wavell 
 
 RIDGES. Barrister- at -Law. Demy 8vo. 190.5. Price 12s. 6d. cloth. 
 
 "Wills' Theory and Practice of the Law of Evidence. — 
 
 Bv WM. WILLS. Barrister-at-Law. Second Fdition. By the Author and 
 ^ THORNTON LAWES, Barrister-at-Law. Detny 8vo. 1907. Price lbs. eloth. %> 
 
 *,* WflEEE to LOOK for YOUR LAW, ag set out in the Latest Legal Text-books. Is. net. 
 
 ( ^ . 
 

DISTKICT COU]^CILS 
 
 A 
 CONCISE aUIDE 
 
 TO 
 
 THEIR POWERS AND DUTIES. 
 
 BY 
 
 H. D. CORNISH, B.A., 
 
 Of Trin. Coll., Camb., and the Inner Temple, Barrister-at-Law. 
 
 LONDON: 
 
 STEVENS AND SONS, LIMITED, 
 
 119 & 120, CHANCEEY LANE, 
 
 1908. 
 
T 
 
 Digitized by tine Internet Arciiive 
 
 in 2007 witin funding from 
 
 IVIicrosoft Corporation 
 
 littp://www.archive.org/details/districtcouncilsOOcorniala 
 
( m ) 
 
 PEEFAOE. 
 
 My object in compiling the following pages has been 
 CORRIGENDUM (p. 136). 
 
 This paragraph should read:— JV. 5. —With the exception, &c., &c., 
 an urban district have no power to build a bridge. But any rural district 
 council which are the successors of a highway board or of a rural sanitary 
 authority having the powers of a highway board, as the highway authority 
 of the district (s. 25, sub-s. 1, L. G. Act, 1894), can build or enlarge 
 bridges (s. 48, Highway Act, 1864 ; s. 8, South Wales Highway Amend- 
 ment Act, 1878). 
 
 under one heading. Two matters with which I have 
 dealt very briefly are the powers and duties of a 
 district council (a) under the Unemployed Workmen 
 Act, 1905, and (b) when in the position of a local 
 education authority under the Education Act, 1902. 
 The Unemployed Workmen Act will expire this year 
 unless given a fresh lease of life by the Legislature ; 
 and the law of education is too large and special a 
 subject to come within the scope of such a book as this. 
 
 H. D. C. 
 
 Fabbab's Buildiko, Texple, 
 February, 1908. 
 
 a2 
 
Ill 
 
 PEEFAOE. 
 
 My object in compiling the following pages has been 
 to compress into as small a space as practicable the 
 multifarious powers and duties of a district council as 
 the sanitary, highway, and local government authority. 
 The book will, I hope, form a concise guide for the 
 use of members and officers of district councils, and 
 also serve the purpose of a convenient reference for 
 members of the legal profession. The subjects are 
 arranged in alphabetical order, which is, perhaps, the 
 most convenient form in a work of this kind ; and, 
 as far as possible, kindred subjects have been grouped 
 under one heading. Two matters with which I have 
 dealt very briefly are the powers and duties of a 
 district council (a) under the Unemployed Workmen 
 Act, 1905, and (b) when in the position of a local 
 education authority under the Education Act, 1902. 
 The Unemployed Workmen Act will expire this year 
 unless given a fresh lease of life by the Legislature ; 
 and the law of education is too large and special a 
 subject to come within the scope of such a book as this. 
 
 H. D. C. 
 
 Fabbab's Buildino, Tekfle, 
 February, 1908. 
 
 a2 
 
( V ) 
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 Table of Cases Cited xiii 
 
 Index 357 
 
 Acquisition of Land. — Power to acquire land — compulsory 
 purchase — sale of land not required — land acquired for 
 • one purpose, used for another — duty payable on com- 
 pletion of purchase 1 
 
 Adoptive Acts. — What are the adoptive Acts — mode of 
 
 adoption , 4 
 
 Allotments. — Provision of allotments — acquisition of land for 
 allotments — management — recovery of rent and posses- 
 sion — receipts and expenses 6 
 
 Ambulance. — Provision of ambulance, &c. for accidents 15 
 
 Arbitration. — Matters referable to arbitration — mode of refer- 
 ence — regulations as to arbitration — enforcing the 
 award — compensation for damage 15 
 
 Audit of Accomits. — Audit of council's accounts — Surcharge 
 of illegal payments — solicitors' bills of costs — Auditor's 
 report — audit of council's officers' accounts 20 
 
 Baths and Washhouses. — Provision of baths, &c. — manage- 
 ment — proportion of baths, &c. for labouring classes — 
 charges — expenses — sale of bath, &c 23 
 
 Bathing. — Bathing bye-laws — bathing sheds, &c. — life-saving 
 
 apparatus 26 
 
 Borrowing. — Council's borrowing powers — Public Works 
 Loans Commissioners — regulations as to borrowing — 
 borrowing on credit of sewage lands or works — issue 
 of stock — mortgages — rent-charge 27 
 
vi TABLE OF CONTENTS. 
 
 FAGB 
 
 Buildings. — Building bye-laws — plans — restrictions on build- 
 ing — repair of cellars, &c. — yards and courts to build- 
 ings — projections from buildings — the building line — 
 dangerous buildings — precautions during building 
 operations — temporary buildings— safety of build- 
 ings, &c 32 
 
 Burial Grounds. — Mortuaries — council as Burial Authority — 
 provision of burial ground or crematorium — manage- 
 ment — consecration — chapels — burial service — registra- 
 tion of burials and cremations — Home Office control 
 and regulations 50 
 
 Bye-laws. — Making, &c. of bye-laws — local government bye- 
 laws — use of seashore — promenades — advertisements 
 — hackney carriages — horses, asses, pleasure boats — 
 steam whirligigs and shooting galleries 61 
 
 Commons. — Preservation — regulation 66 
 
 Contracts. — Provisions as to council's contracts 69 
 
 District Council. — Creation and alteration of districts — adjust- 
 ment of property and liabilities — number of rural 
 councillors — appointment of members when council 
 imable to act — council as agents of County Council — 
 change of name — Port Sanitary Authority — offices — 
 meetings of council — the Chairman — committees — 
 Joint Boards — Joint Committees — combination of local 
 authorities — conferences — L. G.B. and County Council's 
 powers over district council 71 
 
 Education. — Council and the Education Act — museums and 
 
 gymnasiums — Public Libraries 83 
 
 Election of Councillors. — Ketuming Officer — notice of election 
 — nomination of candidates — day of election — the poll 
 — agents — casual vacancies — first elections — expenses 
 — acceptance of office by councillor — election petitions 
 — County Council and difficulties at elections 89 
 
TABLE OF CONTENTS. Vll 
 
 Expenses. — Urban council's expenses — general district rate — 
 assessment and levy — recovery of rates — private im- 
 provement expenses — highway expenses — rural coun- 
 cil's expenses — "General" expenses — "Special" ex- 
 penses — private improvement expenses — highway ex- 
 penses — assessment and levy of rate for council's 
 expenses — liability of overseers for rates 97 
 
 Factories. — Definitions of factory and workshop, &c. — sanitary 
 conveniences — nuisances — Factory Inspector's powers 
 — fire precautions — council's control over out-work — 
 bakehouses — shop hours 108 
 
 Fire Brigade. — Provision of engines, &c. — expenses of atten- 
 dance at fire — fire-plugs — powers of brigade at fires — 
 agreement for common use of engines, &c 116 
 
 Highways and Streets. — Definitions — highways repairable by 
 district council — main roads — highways repairable 
 ratione tenurae — highways repairable by Railway and 
 Tramway Companies — extent of a highway — encroach- 
 ment on a highway — public rights of way — diversion 
 and stopping up of highway — improvements to high- 
 ways and bridges — vesting of streets — ^level of streets 
 — repair of streets — injury to street or trees — watering 
 of streets — liability of council for non-repair of high- 
 way — extraordinary traffic or excessive weight — loco- 
 motives and heavy motor-cars — interference with streets 
 by persons having statutory powers — telegraph and 
 telephone apparatus in streets — public clocks — cattle 
 straying on highway — direction posts — ditches and 
 drains adjoining highway — dangerous places, &c. near 
 highways — materials for road repairs — naming of 
 streets and numbering of houses in streets — highway 
 offences — statues — street refuges and cabmen's shelters 
 — traffic — trees and hedges — urinals, &c. in streets — 
 Private Streets 117 
 
 Horse-flesh. — Council and the sale of horse-flesh 180 
 
VIU TABLE OF CONTENTS. 
 
 FAOE 
 
 Hospitals. — Provision of hospital by council — patient's ex- 
 penses — liability of council as hospital authority — 
 provision of medical assistance, &c. — Joint Hospital 
 Boards — Isolation Hospitals — Isolation Hospital Dis- 
 trict — Hospital Committee — expenses of Isolation 
 Hospital 181 
 
 Housing. — Eoom over privy, &c. — cellar-dwellings — canal 
 boats — seaman's lodgings — bye-laws as to lodgings — 
 hop- and fruit-pickers' accommodation — common lodg- 
 ing-houses — Housing of the Working Classes — 
 unhealthy areas and urban council's powers under 
 Part I, — unhealthy dwelling-houses and council's 
 powers under Part II. — obstructive buildings — 
 working-class lodging-houses and council's powers 
 under Part III. — miscellaneous provisions of the 
 Housing of the Working Classes Act — small dwell- 
 ings acquisition by councQ 189 
 
 Infectious Disease. — Notification of disease — what are infec- 
 tious diseases — prevention of the spread of infection — 
 disinfection of houses, &c. — disinfection or destruction 
 of filthy or infected things — disinfection of public 
 vehicles — infected lodgings — exposure of infected 
 things — removal of persons from infected premises — 
 removal of patients to hospital — nursing attendance — 
 exposure of patients — schools and infectious disease — 
 infected corpses — L. G-. B. and epidemics — Cholera, 
 Yellow Fever and Plague Order — council's precautions 
 as to milk supply of district — inspection of dairies and 
 cattle 224 
 
 Legal Proceedings. — By the council — time limit — recovery of 
 penalties — proceedings by "party aggrieved" — re- 
 covery of rates — recovery of expenses — proceedings to 
 prevent a nuisance — to preserve rights of way, &c. — 
 proceedings against the council — Public Authorities 
 Protection Act — miscellaneous liabilities of council — 
 appeals — L. Or. B. Inquiries — Provisional Orders — 
 notices given by council 240 
 
TABLE OF CONTENTS. IX 
 
 Licenses and Registration. — Gangmasters — game dealers — 
 knackers' yards — pawnbroker's certificate — passage- 
 brokers and emigrant runners — petroleum — horses 
 and asses standing for hire — hackney carriages — 
 porters and public messengers — pleasure boats and 
 boatmen — servants' registries — old metal and marine 
 store dealers, &c 248 
 
 Lighting. — Gas supply by council — electric light supply by 
 
 council — lighting of roads 254 
 
 Markets and Fairs. — Urban council and the establishment of 
 . a market — regulation of the market — abolition or 
 alteration of the date of fairs 256 
 
 Milk Supply. — Dairies, Cowsheds and Milkshops Order — 
 registration of dairymen — occupation of a new dairy 
 to be notified to council — sanitation of dairies — ^regu- 
 lations as to dairies 261 
 
 Notification of Births. — Medical officer to be notified of 
 births — expenses of a council — adoption of the Noti- 
 fication of Births Act 263 
 
 Nuisances. — Unclean premises — offensive ditches, drains, 
 privies, &c. — animals — offensive accumulations — over- 
 crowding — overcrowded or insanitary workshops — 
 smoke nuisance — tents or vans in a state injurious to 
 health — defective pipes, cisterns, &c. — unfenced quar- 
 ries — barbed wire — abatement of nuisances — powers 
 of entry for dealing with nuisances — bye-laws for the 
 prevention of nuisances 264 
 
 Offensive Trades. — Control over estabhshment of certain 
 trades in district — trade certified to be a nuisance — 
 exemption of mines and certain trades 272 
 
 Officers. — Appointment of officers and servants — offices tenable 
 by the same person — the Medical Officer — duties of the 
 Medical Officer — duties of the Inspector of Nuisances 
 or Sanitary Inspector — officers and contracts with the 
 council — officers, when to give security and to account 274 
 
X TABLE OF CONTENTS. 
 
 FAOB 
 
 Promotion of Bills. — Procedure under the Borough Funds 
 
 Acts 285 
 
 Qttalijications and Disqualijications. — Qualifications for mem- 
 bership of a council — by whom elected — term of office 
 — disqualifications — infant or alien — receipt of relief — 
 conviction of crime — bankruptcy or composition with 
 creditors — paid office under council — interest in contract 
 ■with council — corrupt practices — absence from meet- 
 ings — penalty for acting or voting unlawfully — con- 
 tracts that do not disqualify 288 
 
 Recreation Grounds. — Provision of recreation grounds — 
 management and expenses — acquisition of open space 
 or disused bvirial ground — management — removal of 
 tombstones from burial ground — expenses of council 
 under Open Spaces Act 296 
 
 Rivers Pollution. — Sewage pollutions — definition of "pollu- 
 tion " — definition of " stream " — sewage discharge into 
 the sea — solid matters polluting or interfering with the 
 flow of stream — definition of " solid matter" — pollu- 
 tions from factories — pollutions from mines — autho- 
 rities for enforcing Eivers Pollution Prevention Acts — 
 proceedings under the Acts — pollutions from gas- 
 works and cemeteries 301 
 
 Scavenging. — Council can undertake scavenging, &c. — ^bye- 
 laws as to scavenging — removal of trade refuse — 
 rubbish receptacles and dust destructors 306 
 
 Sewers, Drains, Sanitary Arrangements. — Definitions of a 
 "drain" and "sewer" — "single private drain" con- 
 necting with public sewer — vesting of sewers in 
 council — council's powers and duties with regard to 
 sewers — disposal of sewage — support of sewers, &c. in 
 mining districts — connection of drains with sewer — 
 protection of sewers — factories draining into sewers — 
 drainage of houses — drains, privies, or cesspools when 
 a nuisance — testing of drains — filling up of cesspools, 
 &c. — closet accommodation in houses — cleansing of 
 privies, &c. — urinals attached to refreshment houses. . 307 
 
TABLE OF CONTENTS. XI 
 
 PAGE 
 
 Skj/siffns. — Control over sky-signs — wliat is a sky-sign .... 331 
 
 Slaughter-houses. — Urban council can provide slaugliter-liouses 
 — registration and licensing of slaughter-houses — defi- 
 nition of slaughter-house and knacker's yard 333 
 
 Telephones and Postal Arrangements. — Council and a public 
 telephone service — council and postal arrangements in 
 the district 335 
 
 Tramways. — Council and the promotion of tramways — opposi- 
 tion to tramways — construction of tramways — council's 
 powers to break open tramway for highway, &c. repairs 
 — purchase of tramways by council — bye-laws as to 
 tramways — licensing of drivers and conductors ...... 336 
 
 Unemployed Workmen. — Councils and the formation of Distress 
 
 Committees 341 
 
 Unsound Food. — Inspection and seizure of unsound food — 
 penalties for exposing, &c. for sale — burden of proof 
 that food not exposed for sale or intended for human 
 food 341 
 
 Water Supply. — Council's obligations as the sanitary authority 
 — water supply by the council — rights and obligations 
 of consumers — water rates or rents 343 
 
( »ii ) 
 
 . TABLE OF CASES. 
 
 A. 
 
 PAGE 
 
 Acton Local Board v. Lewsey (1886), 55 L. J. Q. B. 404 ; 11 Appeal Cases 
 
 163, 165 
 
 Ainley v. Kirkheaton Local Board (1891), 60 L. J. Ch. 734 321 
 
 Alton U. D. 0. r. Spicer, 1904, 1 K. B. 678 ; 73 L. J. K. B. 280 99 
 
 Ambler v. Bradford Corporation, 1902, 2 Ch. 685 ; 71 L. J. Ch. 744 244 
 
 Amesbury v. Wilts Justices (1883), 10 Q. B, D. 480 ; 52 L. J. M. C. 64 . . 124 
 
 Arnold V. Blaker (1870), L. R. 6 Q. B. 433; 40 L. J. Q. B. 185 131 
 
 Attorney-General v. Ashby (1907), 23 T. L. R. 498 140 
 
 Attorney-General v. Bidder (1881), 47 J. P. 263 170 
 
 Attorney -General v. Birmingham, &c. Drainage Board (1908), 72 J. P. 21. 301 
 Attorney- General v. Bournemouth Corporation, 1902, 2 Ch. 714 ; 71 
 
 L. J. Ch. 730 337 
 
 Attorney-General v. Copeland, 1902, 1 K. B. 690 ; 71 L. J. K B. 472 154 
 
 Attorney-General v. Eastbourne Corporation, 1902, 1 K. B. 403 ; 71 
 
 L. J. K. B. 181 4 
 
 Attorney- General v. Esher Linoleum Co., Ltd., 1901, 2 Ch. 647; 70 
 
 L. J. Ch. 808 131 
 
 Attorney-General v. Hanwell U. D. C, 1900, 2 Ch. 377 ; 69 L. J. Ch. 626. 3 
 
 Attorney -General v. Hatch, 1893, 3 Ch. 36 ; 62 L. J. Ch. 857 44 
 
 Attorney-General v. Logan, 1891, 2 Q. B. 100 274 
 
 Attorney-General v. Pontypridd U. D. C, 1905, 2 Ch. 441 ; 74 L. J. Ch. 716. 3 
 
 Attorney-General v. Scott, 1902, 2 K. B. 160 ; 74 L. J. K. B. 803 146 
 
 Attorney-General v. Teddington U. D. C, 1898, 1 Ch. 66 ; 67 L. J. Ch. 23. 3 
 
 Attorney- General v. Tjnemouth Corporation (1900), 17 T. L. R. 77 259 
 
 Attorney-General V. Waring (1899), 63 J. P. 789 154 
 
 Attorney- General v. Wimbledon House Estate Co., 1904, 2 Ch. 34 ; 73 
 
 L. J. Ch. 593 44 
 
 B. 
 
 Baker v. Portsmouth Corporation (1878), L. R. 3 Exch. Div. 157 ; 47 L. J. 
 
 Exch. 223 32 
 
 Banbury U. S. A. v. Page (1881), 8 Q. B. D. 97 ; 61 L. J. M. C. 21 265 
 
 Barlow r. Terrett, 1891, 2 Q. B. 107; 60 L. J. M. C. 104 342 
 
 Barnard Castle U. D. 0. v. Wilson, 1902, 2 Ch. 746 ; 71 L. J. Ch. 825 . , . . 352 
 
XIV TABLE OF CASES. 
 
 PAGE 
 
 Bamett v. Ecdes Corporation, 1900, 2 Q. B. 423 ; 69 L. J. Q. B. 834 .... 19 
 
 Bamett r. Poplar Borough CouncU, 1901, 2 K. B. 319 ; 70 L. J. K. B. 698. 128 
 
 Baron v. rortslado U. D. C, 1900, 2 Q. B. 588 ; 69 L. J. Q. B. 899 314 
 
 Barry, &c. Local Board v. Parry, 1895, 2 Q. B. 110 ; 64 L. J, Q. B. 512 . . 164 
 
 Barton Regis R. D. C. v. Stevens (1896), 12 T. L. R. 347 32 
 
 Baler and Birkenhead Corporation, Ee, 1893, 2 Q. B. 77 ; 62 L. J. M. C. 
 
 107 19 
 
 Baxter v. Bedford Corporation (1885), 1 T. L. R. 424 63 
 
 Behnorer. Kent C.C, 1901, 1 Ch. 873; 70 L.J. Ch. 501 129 
 
 Bennett v. Harding, 1900, 2 Q. B. 397 ; 69 L. J. Q. B. 701 109 
 
 Blackburn Corporation v. Sanderson, 1902, 1 K. B. 794 ; 71 L. J. K. B. 590. 168 
 
 Blackpool Corporation r. Johnson, 1902, 1 K. B. 646 ; 71 L. J, K. B. 485. . 44 
 Blackpool and Fleetwood Tramroad Co. v. Thornton U. D. C, 1907, 1 K. B. 
 
 568; 76 L. J. K. B. 492 100 
 
 Blake v. Kelly (1887), 52 J. P. 263 194 
 
 Blaker v. Tillstone, 1894, 1 Q. B, 345 ; 63 L. J. M. C. 72 343 
 
 Boyce v. Higgins (1864), 23 L. J. C. P. 5 241 
 
 Bradfield v. Cheltenham Guardians (1906), 75 L. J. Ch. 618 292 
 
 Braintree Local Board v. Boyton (1884), 52 L. T. 99 273 
 
 Brierley Hill Local Board v. Pearsall (1884), 54 L. J. Q. B. 25 ; 9 Appeal 
 
 Cases, 595 19 
 
 British Insulated Wire Co. v. Prescot U. D. C, 1895, 2 Q. B. 463 ; 64 L. J. 
 
 Q. B. 811 70 
 
 Bromley R. D. C. i\ Croydon Corporation (1907), 24 T. L. R. 132 146 
 
 Bromley Corporation v. Cheshire, *' The Law Times," January 4th, 1908 . . 325 
 Brooks, Jenkins & Co. v. Torquay Corporation, 1902, 1 K. B. 601 ; 71 L. J. 
 
 K. B. 109 70 
 
 BuU V. Mayor of Shoreditch (1904), 68 J. P. 415 144 
 
 BuUen i». Wakely (1898), 77 L. T. 689 160 
 
 Burgess r. Northwich Local Board (1880), 6 Q. B. D. 264 ; 50 L. J. Q. B. 
 
 219 138 
 
 C. 
 
 Cardiff Manure, &c. Co. v. Cardiff Union (1890), 54 J. P. 601 273 
 
 Carey v. Bermondsey Borough Council (1903), 20 T. L. R. 2 244 
 
 Caterham U. D. C. v. Godstone R. D. C. (1904), 73 L. J. K. B. 689 ; Appeal 
 
 Cases, 171 '. 72 
 
 Chichester Corporation v. Foster, 1906, 1 K. B. 167 ; 75 L. J. K. B. 33 . . 146 
 Chorley Corporation v. Nightingale, 1907,2 K. B. 637; 76 L. J. K. B. 
 
 1003 128, 154 
 
 Clacton Local Board v. Young, 1895, 1 Q. B. 395 ; 64 L. J. M. C. 124 172 
 
 Clark V. Bloomfield (1885), 1 T. L. R. 323 39 
 
 Cleveland Water Co. r. Redcar Local Board, 1895, 1 Ch. 168 ; 64 L. J. Ch. 
 
 64 349 
 
 Cleverton v. St. Germans R. S. A. (1886), 56 L. J. Q. B. 83 285 
 
 Clntton V. Pointing (1879), 4 Q. B. D. 340 ; 48 L. J. M. C. 135 327 
 
TABLE OF CASES. XV 
 
 PAGE 
 
 Coles V. Fibbens (1884), 52 L. T. 358 193 
 
 Collios V. Homsey U. D. C, 1901, 2 K. B. 801 ; 70 L. J. K. B. 802 156 
 
 Consett U. D, C. v. Crawford, 1903, 2 K. B. 183 ; 72 L. J. K. B. 571 .... 271 
 Cook V. Ipswich Local Board (1871), 6 Q. B. D. 451 ; 40 L. J. M. C. 169. . 168 
 
 Coverdale v. Charlton (1879), 4 Q. B. D. 104 ; 48 L. J. Q. B. 128 137 
 
 Cowley V. Newmarket Local Board, 1892, Appeal Cases, 345 143 
 
 Cox V. Daviea, 1898, 2 Q. B. 202 ; 67 L. J. Q. B. 925 90 
 
 Croydon Corporation v. Croydon R. D. C, 1908, 1 Ch. 222 ; 77 L. J. Ch. 
 
 138 107 
 
 Croysdale v. Sunbury-on-Thames U. D. C, 1898, 2 Ch. 515 ; 67 L. J. Ch. 
 
 585 311 
 
 Crump V. Lewis, "The Tunes," 12th February, 1908 341 
 
 Cuckfield E. D. C. v. Goring, 1898, 1 Q. B..865 ; 67 L. J. Q. B. 539 .... 126 
 Curtis V. Kesteven C. C. (1890), 45 Ch. D. 504 ; 60 L. J. Ch. 103 129 
 
 D. 
 
 Dalton Overseers v. North Eastern Railway Co. (1900), 69 L. J. Q. B. 650 ; 
 
 Appeal Cases, 345 125 
 
 Darenth Main Valley Sewerage Bd. v. Darenth Union (1887), 19 Q. B. D. 
 
 270 ; 56 L. J. Q. B. 615 78 
 
 Davis V. Bromley Corporation, 1908, 1 K. B. 170 ; 77 L. J. K. B. 51 40 
 
 Davis V. Witney U. D. C. (1899), 15 T. L. R. 275 19 
 
 Derby Corporation v. Grudgings, 1894, 2 Q. B. 496 ; 63 L. J. M. C. 170 . . 168 
 DerbysHre C. C. v. Matlock Bath U. D. C. (1896), 65 L, J. Q. B. 419 ; 
 
 Appeal Cases, 315 122 
 
 Devonport Corporation v. Tozer, 1903, 1 Ch. 759 ; 72 L. J. Ch. 411 38 
 
 Dorling r. Epsom Local Board (1855), 24 L. J. M. C. 152 101 
 
 Dublin United Tramways Co. v. Fitzgerald, 1903, Appeal Cases, 99 ; 72 
 
 L. J. P. C. 62 128 
 
 Durrant r. Branksome U. D. C, 1897, 2 Ch. 291 ; 66 L. J. Ch. 653 308, 
 
 314, 315 
 
 E. 
 
 East Ham U. D. C. v. Aylett, 1905, 2 K. B. 22 ; 74 L. J. K. B. 471 166 
 
 Eastbourne Corporation v. Bradford, 1896, 2 Q. B. 218 ; 65 L. J. Q. B. 
 
 571 309 
 
 Easton v. Richmond Highway Board (1871), L. R. 7 Q. B. 69 ; 41 L. J. 
 
 M. C. 25 130 
 
 Eastwood V. Honley U. D. C, 1901, 1 Ch. 645 ; 70 L. J. Ch. 313 321 
 
 Eaton V. Grantham Corporation (1881), 7 Q. B, D. 529 ; 50 L. J. Q. B. 444.. 69 
 
 Eccles V. Wirral San. Auth. (1886), 17 Q. B. D. 107 ; 55 L. J. M. C. 106. . 168 
 
 Edwards v. Sahnon (1889), 23 Q. B. D. 531 ; 58 L. J. Q. B. 571 275, 284 
 
 Egham R. D. C. v. Gordon, 1902, 2 K, B. 120 ; 71 L. J, K. B. 523 146 
 
 EUiotti;. Russell, 1902, 2 K. B. 748; 72 L. J. K. B. 15 240, 364 
 
 Epsom U. D. C, V. London C. C, 1900, 2 Q. B. 751 ; 69 L. J. Q, B. 933. . 146 
 
XVI TABLE OF CASES. 
 
 PAOE 
 
 Esher and Dittons U. D. C. v. Marks (1902), 71 L. J. K. B. 309 125 
 
 Evana v. Liverpool Corporation (1905), 74 L. J. K. B. 742 182 
 
 Evans «. Newport San. Auth, (1889), 24 Q. B. D. 264 ; 69 L. J. M. C, 8. . 163 
 
 Evelyn v. Merrielees (1900), 17 T. L. R. 152 128 
 
 Eyre v. New Forest Highway Board (1892), 56 J. P. 517 118, 131 
 
 F. 
 
 Falconer v. Sonth Shields Corporation (1895), 11 T. L. R. 223 308 
 
 Ferrand v. Bingley U. D. C, 1903, 2 K. B. 452 ; 72 L. J. K. B. 734 .... 125 
 Finchley Electric Light Co. v. Finchley U. D. C, 1903, 1 Ch. 441 ; 72 
 
 L. J. Ch. 297 137 
 
 Firth r. McPhail, 1905, 2 K. B. 300 ; 74 L. J. K. B. 458 342 
 
 Fletcher v. Hudson (1880), L. R. 5 Exch. Div. 287 ; 49 L. J. Ex. 793 241 
 
 Folkestone Corporation v. Brooks, 1893, 3 Ch. 22 ; 62 L. J. Ch. 863 165 
 
 Ford v. Newth, 1901, 1 K. B. 683 ; 70 L. J. K. B. 459 293 
 
 Fordom v. Parsons, 1894, 2 Q. B. 780 ; 64 L. J. M. C. 22 313 
 
 Foster v. Warblington U. D. C, 1906, 1 K. B. 648 ; 75 L. J. K. B. 514 . . 302 
 
 a. 
 
 Garlick v. Knottingley U. D. C. (1904), 2 L. G. R. 1345 227 
 
 Golding V. Stocking (1869), L. R. 4 Q. B. 516 ; 38 L. J. M. C. 122 163 
 
 Goodwin v. Sale, 1907, 2 K. B. 278 ; 76 L. J. K. B. 654 334 
 
 Gould V. Bacup Local Board (1881), 50 L. J. M. C. 44 165 
 
 Graham v. Wroughton, 1901, 2 Ch. 451 ; 70 L. J. Ch. 673 321 
 
 Grece v. Hunt (1877), 2 Q. B. D. 389 ; 46 L. J. M. C. 202 168 
 
 H. 
 
 Haedicke v. Friern Barnet U. D. C, 1904, 2 K. B. 807 309, 325 
 
 Hampton U. D. C. v. Southwark and Vauxhall Water Co. (1889), 16 
 
 T. L. R. 60 100 
 
 Handsworth U. D. C. v. Derrington, 1897, 2 Ch. 438 ; 66 L. J. Ch. 691 . . 163 
 
 Handsworth U. D. C. v. Taylor, 1897, 2 Ch. 442 ; 66 L. J. Ch. 691 164 
 
 Harford v. Linskey, 1899, 1 Q. B. 852 ; 68 L. J. Q. B. 699 293 
 
 Harrington v. Derby Corporation, 1905, 1 Ch. 205 ; 74 L. J. Ch. 219 .... 313 
 
 Harris v. Scurfield (1904), 91 L. T. 536 308 
 
 Harrogate Corporation v. Mackay, 1907, 2 K. B. 611 ; 76 L. J. K. B. 977.. 352 
 
 Harvey v. Truro R. D. C, 1903, 2 Ch. 638 ; 72 L. J. Ch. 705 129 
 
 Hastings Tramway Co. v. Hastings Gas Co. (1907), 76 L. J. Ch. 60 338 
 
 Hayes Common Conservators v. Bromley R. D. C, 1897, 1 Q. B. 321 ; 66 
 
 L. J. Q. B. 155 156 
 
 Hayles v. Sandown U. D. C, 1903, 1 K. B. 169 ; 72 L. J. K. B. 48 176 
 
 Heap V. Burnley R. S. A. (1884), 12 Q. B. D. 617 ; 63 L. J. M. C. 76 272 
 
 Heath v. Weaverham Overseers, 1894, 2 Q. B. 108 125 
 
 Hedley v. Webb, 1901, 2 Ch. 126 ; 70 L. J. Ch. 663 311 
 
 Hemflworth R. D. C. v. Micklethwaite (1904), 68 J. P. 347 147 
 
TABLE OF CASES. XVll 
 
 PAOE 
 
 Hendon Local Board v. Pounce (1889), 42 Ch. D. 602 32 
 
 Heme Bay U. D. C. v. Payne (1907), 76 L. J. K. B. C85 172 
 
 Heston and Isleworth U. D. C. v. arout, 1897, 2 Ch. 310 ; 66 L. J. Ch. 647 170 
 
 Hides V. Littlejohn (1896), 74 L. T. 24 335 
 
 HiK t'. Wallasey LocalBoard, 1894, 1 Ch. 133 ; 63 L. J. Ch. 1 349 
 
 Hobart v. Southend-on-Sea Corporation (1906), 75 L. J. K. B. 305 302 
 
 Holsworthy U. D. C. v. Holsworthy R. D. C, 1907, 2 Ch. 62 ; 76 
 
 L. J. Ch. 389 72 
 
 Hopkins v. Smethwick Local Board (1890), 24 Q. B. D. 712 ; 59 L. J. Q. B. 
 
 250 41 
 
 Horn V. Sleaford R. D. C, 1898, 2 Q. B. 358 ; 67 L. J. Q. B. 724 351 
 
 Hornsey (Mayor of) v. Birkbeck, 1906, 1 K. B. 521 166 
 
 Homsey Local Board v. Brewis (1890), 60 L. J. M. C. 48 166, 167, 177 
 
 Hornsey Local Board v. Davis, 1893, 1 Q. B. 756 ; 62 L. J. Q. B. 427 ... . 164 
 
 Homsey U. D. C. v. Hennell, 1902, 2 K. B. 73 ; 71 L. J. K. B. 479 167 
 
 Homsey Local Board v. Monarch Building, &c. Co. (1889), 24 Q. B. D. 1 ; 
 
 59 L. J. M. C. 105 169 
 
 Hornsey TJ. D. C. v. Smith, 1897, 1 Ch. 858 166 
 
 Horton v. Colwyn Bay U. D. C, 1907, 1 K. B. 14 ; 76 L. J. K. B. 91 . . . . 19 
 
 Houldershaw V. Martin (1885), 1 T. L. R. 323 274 
 
 Hubbard v. Bromley R. D. C. (1905), 69 J. P. 437 35 
 
 Huddersfield Corporation v. Ravensthorpe U. D. C, 1897, 2 Ch. 121 ; 
 
 66 L. J. Ch. 581 349 
 
 Humphery v. Young, 1903, 1 K. B. 44 ; 72 L. J. K. B. 6 307 
 
 Hunnings v. Williamson (1883), 11 Q. B. D. 533 ; 52 L. J. Q. B. 416 ... . 293 
 
 J. 
 
 Jackson v. Wimbledon U. D. C, 1905, 2 K. B. 27 ; 74 L. J. K. B. 641 . . 309 
 
 James v. Masters, 1893, 1 Q. B. 355 40 
 
 James r. Staines U. D. C. (1900), 17 T. L. R. 2 116 
 
 Jersey v. Uxbridge R. S. A., 1891, 3 Ch. 183 ; 60 L. J. Ch. 833 28 
 
 Jones V. Conway & Colwyn Bay Joint Water Supply Bd., 1893, 2 Ch. 603 ; 
 
 62 L. J. Ch. 767 80 
 
 Jones V. Mayor of Liverpool (1885), 14 Q. B. D. 890 ; 64 L. J. Q. B. 345. . 246 
 
 K. 
 
 Kavanagh, Ex parte (1894), 10 T. L. R. 533 193 
 
 Keeton r. Sheffield Coal Co., 1901, 2 K. B. 26 ; 70 L. J. K. B. 374. . . . 102, 103 
 Kent C. C. v. Folkestone Corporation, 1906, 1 K. B. 620 ; 74 L. J. K. B. 
 
 352 146,246 
 
 Kershaw v. Mayor of Shoreditch (1906), 22 T. L. R. 302 294 
 
 King's Coll., Camb. v. Uxbridge R. D. C, 1901, 2 Ch. 768 ; 70 L. J. Ch. 
 
 844 315 
 
 C. 6 
 
xyiii TABLE OP cases. 
 
 PAGE 
 
 Kinson Pottery Co. v. Poole Corporation, 1899, 2 Q. B. 41 ; 68 L. J. Q. B. 
 
 819 311,313 
 
 Kno-wles v. Bolton Corporation, 1900, 2 Q. B. 253 ; 69 L. J. Q. B. 481 . . . . 17 
 
 L. 
 
 Lancashire and Yorks. Railway Co. v. Bolton Overseers, 1890, 60 L. J. 
 
 Q. B. 118 ; Appeal Cases, 323 107 
 
 Lancashire and Yorks. Railway Co. v. Mayor of Bury (1889), 57 L. J. Q. B. 
 
 280 ; 14 Appeal Cases, 417 127 
 
 Lancaster v. Barnes U. D. C, 1898, 1 Q. B. 865 ; 67 L. J. Q. B. 744 325 
 
 Lancaster R. D. C. v. Fisher, 1907, 2 K. B. 516 ; 76 L. J. K. B. 1070. ... 146 
 Lawford v. BiUericay R. D. C, 1903, 1 K. B. 772 ; 72 L. J. K. B. 654 ... 69 
 
 Leicester Corporation v. Brown (1893), 62 L. J. M. C. 22 44 
 
 Lewis V. Weston-super-Mare Local Board (1888), 40 Ch. D. 55 ; 58 L. J. 
 
 Ch. 39 315 
 
 Leyman v. Hessle TJ. D. C. (1902), 1 L. G. R. 76 162 
 
 Leyton Local Board v. Causton (1893), 9 T. L. R. 180 45 
 
 Leyton U. D. C. v. Chew, 1907, 2 K. B. 283 ; 76 L. J. K. B. 781 62 
 
 Lightbound v. Higher Bebington Local Board (1885), 16 Q. B. D. 577; 
 
 65 L. J. M. C. 94 163 
 
 Little Hulton U. D. C. v. Jackson (1904), 68 J. P. 451 145 
 
 Llandudno U. D. C. v. Hughes, 1900, 1 Q. B. 472 ; 69 L. J. Q. B. 303 .. . 258 
 
 Logsdon V. Booth, 1900, 1 Q. B. 401 ; 69 L. J. Q. B. 131 193 
 
 London and N. W. Railway Co. v. Llandudno Commissioners, 1897, 1 
 
 Q. B. 287 ; 66 L. J. Q. B. 232 100 
 
 Lon<1on and N. "W. Railway v. Runcorn R. D. C, 1898, 1 Ch. 561 ; 67 
 
 L. J. Ch. 324 312 
 
 London and Provincial Laundry Co. v. Willesden Local Board, 1892, 2 
 
 Q. B. 271 ?07 
 
 Louth R. D. C. i;. "West (1896), 65 L. J. Q. B. 536 129 
 
 Lyles V. Southend Corporation, 1905, 2 K. B. 1 ; 74 L. J. K. B. 484 244 
 
 M. 
 
 Maguire v. Leigh-on-Sea U. D. C. (1906), 96 L. T. 319 176 
 
 Mallinson v. Carr, 1891, 1 Q. B. 48 ; 60 L. J. M. C. 34 342 
 
 Malton Local Board v. Malton, &c. Manure Co. (1879), L. R. 4 Exch. Div. 
 
 302 ; 49 L. J. M. C. 90 264 
 
 Manchester Carriage and Tramways Co. v. Manchester Corporation and 
 
 Stretford U. D. C. (1902), 87 L. T. 678 340 
 
 Manchester Carriage and Tramways Co. v. Swinton and Pendlehury U. D. C. 
 
 (1904), 90 L. T. 795 340 
 
 Mansfield Corporation v. Butterworth, 1898, 2 Q. B. 274 ; 67 L. J. Q. B. 
 
 709 r.... 174 
 
TABLE OF CASES. XIX 
 
 PAGE 
 
 Markey v. Tolworth Joint Hospital Bd., 1900, 2 Q. B. 454 ; 69 L. J. Q. B. 
 738 244 
 
 Matthews v. Strachan, 1901, 2 K. B. 540 ; 70 L. J. K. B. 806 323 
 
 Meader v. West Cowes Local Board, 1892, 3 Ch. 18 ; 61 L. J. Ch. 561 309 
 
 Melliss V. Shirley Local Board (1885), 16 Q. B. D. 446 ; 55 L. J. Q. B. 143. . 283 
 
 Meyrick v. A.-G., 1894, 3 Ch. 209 ; 63 L. J. Ch. 657 166 
 
 Midlothian C. C. v. Pumpherton Oil Co. (1904), 6 Eraser, 387 304 
 
 MUford Dock Co. v. Milford Haven U. D. C. (1901), 65 J. P. 483 244 
 
 Millard v. Bailby-with-Hexthorpe TJ. D. C, 1905, 1 K. B. 60; 74 L. J. 
 
 K. B. 45 166 
 
 Millard v. Wastall, 1898, 1 Q. B. 342 ; 67 L. J. Q. B. 277 269 
 
 N. 
 
 National Telephone Co. v. Tunbridge Wells Corporation (1901), 85 L. T. 
 
 368 151 
 
 Neeld v. Hendon U. D. C. (1899), 81 L. T. 405 128 
 
 Nell V. Longbottom, 1894, 1 Q. B. 767 ; 63 L. J. Q. B. 490 293, 295 
 
 Newport San. Auth. v. Graham (1882), 9 Q. B. D. 183 163 
 
 Nicholl V. Epping U. D. C, 1899, 1 Ch. 844 ; 68 L. J. Ch. 393 327 
 
 Norwich Corporation v. Norwich Tramways Co. (1904), 91 L. T. 558 127 
 
 Norwich Corporation v. Norwich Tramways Co., 1906, 2 K. B. 119; 75 
 
 L. J. K. B. 636 339 
 
 Nutton V. Wilson (1889), 22 Q. B. D. 749 ; 58 L. J. Q. B. 443 293 
 
 O. 
 
 O'CarroU v. Hastings. 1905, 2 Irish, 599 293 
 
 Osborne v. Skinners' Co. (1891), 60 L. J. M. C. 156 206 
 
 Oxenhope Local Board v. Bradford Corporation (1882), 47 L. T. 344 101 
 
 P. 
 
 Parker v. Clegg (1903), 2 L. G. R. 608 27 
 
 Parkerv. L. C. C, 1904, 2K. B. 601; 73L. J. K. B. 561 244 
 
 Pasmore v. Oswaldtwistle XJ. D. C, 1898, 67 L. J. Q. B. 635 ; Appeal 
 
 Cases, 387 313, 321 
 
 Pearce v. Maidenhead Corporation (1907), 76 L. J, K. B. 591 175 
 
 Penny v. Wimbledon U. D. C, 1899, 2 Q. B. 72 ; 68 L. J. Q. B. 704. .144, 246 
 Pidgeon v. Great Yarmouth Waterworks Co., 1901, 2 K. B. 310 ; 71 L. J. 
 
 K. B. 61 362 
 
 Parser v. Worthing Local Board (1887), 18 Q. B. D. 818 ; 66 L. J. M. C. 
 
 78 100 
 
 b2 
 
XX TABLE OF CASES.- 
 
 B. 
 
 PAGE 
 
 Ravensthorpe Local Board v. HinchclifEe (1889), 24 Q. B. D. 168 ; 59 
 
 L. J. M. C. 19 45 
 
 Rayner, Ex parte (1878), 3 Q. B. D. 446 ; 47 L. J. Q. B. 660 16 
 
 Redruth Brewery Co. v. Redruth U. D. C, (1904), 3 L. Q. R. 130 33 
 
 R. V. Barclay (1882), 8 Q. B. D. 306 and 486 ; 61 L. J. M. C. 47 99, 100 
 
 R. ». Barker (1890), 25 Q. B. D. 213 ; 59 L. J. M. C. 105 ' 125 
 
 R. r. Barry, &c. U. D. C. (1900), 16 T. L. R. 565 251 
 
 R. V. Biggleswade R. D. C. (1900), 64 J. P. 442 142 
 
 R. V. Brighton Corporation (1907), 23 T. L. R. 498 138 
 
 R. r. Bumey (1875), 31 L. T. 828 117 
 
 R. V. Connah's Quay Overseers, 1901, 2 Q. B. 174 ; 70 L. J. Q. B. 651 . . 53 
 
 R, V. Cooban (1886), 18 Q. B. D. 275 ; 56 L. J. M. C. 33 291 
 
 R. V. Dolby (1902), 18 T. L. R. 434 22 
 
 R. V. Dover Corporation, 1903, 1 K. B. 668 ; 72 L. J. K. B. 210 257 
 
 R. V. Gaskarth (1880), 5 Q. B. D. 324 ; 49 L. J. Q. B. 509 295 
 
 R. V. Goole Local Board (1891), L. R. 2 Q. B. 212 ; 63 L. J. Q. B. 617 . . 33 
 
 R. V. Kent Justices, 1905, 1 K. B. 378 ; 74 L. J. K. B. 50 133 
 
 R. V. Kent Justices, 1904, 2 K. B. 349 ; 73 L. J. K. B. 858 133 
 
 R. V. Leigh R. D. C, 1898, 1 Q, B. 836 ; 67 L. J. Q. B. 562 98 
 
 R. V. Mead (1895), 64 L. J. M. C. 169 266 
 
 U.v. Norfolk C. C, 1901, 2 K. B. 268 ; 70 L. J. K, B. 575 131 
 
 R. V. Parlby (1889), 22 Q. B. D. 520 ; 58 L. J. M. C. 49 316 
 
 R. V. Poole Corporation (1887), 19 Q. B. D. 602 ; 56 L. J. M. C. 131 142 
 
 R. V. Rawtenstall Corporation (1894), 10 T. L. R. 643 182 
 
 R. V. Rowlands, 1906, 2 K. B. 292 ; 75 L. J. K. B. 501 292 
 
 n.v. Somers, 1906, 1 K. B. 326 ; 75 L. J. K. B. 144 121 
 
 R. V. Surrey Justices (1872), 26 L. T. 22 133 
 
 R. V. Surrey Justices (1907), 24 T. L. R. 185 132, 133 
 
 R. V. Tynemouth R. D. C, 1896, 2 Q. B, 451 ; 65 L. J. Q. B. 545 40 
 
 R. V. "Wakefield Corporation (1888), 20 Q. B. D. 810 ; 57 L. J. M. C. 52 . . 142 
 
 R. r. Wheatley (1885), 16 Q. B. D. 34 269 
 
 R. V. Worcestershire Justices (1854), 23 L. J. M. C. 113 134 
 
 Rhondda U. D. C. v. Taff Vale Railway Co., 1907, 1 K. B. 739; 76 
 
 L. J. K. B. 486 127 
 
 Ribble Joint Committee v. Halliwell, 1899, 2 Q. B. 385 ; 68 L. J. Q. B. 984 303 
 
 Roberts v. Gwyrfai R. D. C, 1899, 2 Ch. 608 ; 68 L. J. Ch. 757 348 
 
 Robertson v. Bristol Corporation, 1900, 2 Q. B. 198 ; 69 L. J. Q. B. 590 . . 166 
 
 Robertson v. King, 1901, 2 K. B. 265 ; 70 L. J. K. B. 630 206 
 
 Robinson v. Barton Local Board (1883), 21 Ch. D. 634 ; 52 L. J. Ch. 5 117 
 
 Robinson v. Currey (1881), 7 Q. B. D. 465 ; 50 L. J. Q. B. 561 241 
 
 Roderick v. Aston Local Board (1877), 5 Ch. D. 328 ; 46 L. J. Ch. 802 314 
 
 Rudland v. Mayor of Sunderland (1885), 52 L, T. 617 62 
 
TABLE OP CASES. XXI 
 
 S. 
 
 FAQS 
 
 Saint Martin's Vestry v. Bird, 1895, 1 Q. B. 428 ; 64 L. J. Q. B. 230 .... 308 
 
 Saint Mary, Islington v. Cobbett (1894), 64 L. J. M. C. 36 166 
 
 Saint Mary, Newington v. Jacobs (1871), L. R, 7 Q. B. 47 ; 41 L. J. M. C. 
 
 72 139 
 
 Saint Thomas R. D. C. and Heavitree U. D. C, Ee (1902), 86 L. T. 153 . . 72 
 
 Sale ». Phillips (1894), 10 T. L. R. 222 116 
 
 Salt V. Scott-Hall, 1903, 2 K. B. 245 ; 72 L. J. K. B. 627 63 
 
 Sandgate Local Board v. Keene, 1892, 1 Q. B. 831 ; 61 L. J. Q. B. 775 165 
 
 Sandgate U. D. C. v. Kent C. C. (1898), 79 L. T. 425 123, 124, 126 
 
 Saul V. Wigton R. S. A. (1886), 56 L. T. 438 98 
 
 Seal V. Merthyr Tydvil U. D. C, 1897, 2 Q. B. 543 ; 67 L. J, Q. B. 37 . . 309 
 Sheffield Waterworks Co. v. Mayor of Sheffield (1885), 55 L. J. M. C. 40 . . 102 
 
 Sheringham U. D. C. v. Holsey (1904), 91 L. T. 225 130, 243 
 
 Simmons v. Mailing R. D. C, 1897, 2 Q. B. 433 ; 66 L. J. Q. B. 585. . . .36, 62 
 
 Slaughter r. Mayor of Sunderland (1891), 60 L. J. M. C. 91 33 
 
 Smith v. ChorleyR.D.C, 1897, 1 Q. B. 678; 66 L. J. Q. B. 427 40 
 
 Smith V. Richmond (1899), 68 L. J. Q. B. 898 ; Appeal Cases, 448 99 
 
 Smith V. Southampton Corporation, 1902, 2 K. B. 244 ; 71 L. J. K. B. 639 98 
 SoothiU U. D. C. V. Wakefield R. D. C, 1905, 2 Ch. 516 ; 74 L. J. Ch. 703 . 350 
 
 Southend Corporation v. Archer (1901), 70 L, J. K. B. 328 34 
 
 Spedding v. Fitzpatrick (1888), 38 Ch. D. 410 131 
 
 Staffordshire C. C. t: Seisdon R. D. C. (1907), 96 L. T. 328 302 
 
 Stainland Industrial, &c. Co. v. Stainland U. T>. C, 1906, 1 K. B. 233 ; 75 
 
 L. J. K. B. 190 331 
 
 Stock V. Meakin, 1900, 1 Ch. 683 ; 69 L. J. Ch. 401 169, 178 
 
 Stockport Highway Board v. Cheshire C. C. (1891), 61 L. J. Q. B. 22 124 
 
 Swanston v. Twickenham Local Board (1879), 11 Ch. D. 838 ; 48 L. J. Ch. 
 
 623 315 
 
 Sykes v. Sowerby U. D. C, 1900, 1 Q. B. 584 ; 69 L. J. Q. B. 464 312 
 
 T. 
 
 Taylor v. Winsford U. D. C, 1907, 2 K. B. 396 ; 76 L. J. K. B. 897 .... 334 
 
 Tenby (Mayor of) v.Mason (1908), 24 T. L. R. 254 75 
 
 Thames (Conservators of River) v. Walton- on-Thames XJ. D. C. (1907), 96 
 
 L. T. 555 315 
 
 Thompson v. Brighton Corporation, 1894, 1 Q. B. 332 ; 63 L. J. Q. B. 181.. 143 
 Thompson v. Eccles Corporation, 1905, 1 K. B. 110; 74 L. J. K. B. 130 .. 309 
 
 Tomkins v. JoUiffe (1887), 51 J. P. 247 293 
 
 Tottenham Local Board v. Rowell (1880), 16 Ch. D. 378 ; 50 L. J. Ch. 
 
 99 165, 169 
 
 Tottenham U. D. C. v. Williamson, 1896, 2 Q. B. 353 ; 66 L. J. Q. B. 
 
 591 243, 271 
 
 Tunbridge Wells Corporation v. Baird (1896), 65 L. J. Q. B. 461 ; Appeal 
 
 Cases, 434 137, 161 
 
 Turner v. Ringwood Highway Board (1870), L. R. 9 Eq. 418 130 
 
 Twickenham U. D. C. r. Munton, 1899, 1 Ch. 168 (affirmed 2 Ch. 603). . . . 176 
 
XXll TABLE OF CASES. 
 
 U. 
 
 rAQE 
 
 Uckfield R. D. C, v. Crowborough Water Co., 1899, 2 Q. B. 664 ; 68 L. J. 
 
 Q. B. 1009 36 
 
 Unwin t;. Hanson, 1891, 2 Q. B. 116; 60 L. J. Q. B. 531 160 
 
 ITsk U. D. C. V. Mortimer (1903), 20 T. L. R. 96 46 
 
 V. 
 
 Verdin v. Wray (1877), 2 Q. B. D. 608 ; 46 L. J. M. C. 170 241 
 
 Vinter v. Hind (1883), 10 Q. B. D. 63 ; 52 L. J. M. C. 93 342 
 
 Vowles V. Colmer (1895), 64 L. J. Ch. 414 312 
 
 W. 
 
 Wake V. Sheffield Corporation (1883), 12 Q. B. D. 142 ; 63 L. J. M. C. 1, . 168 
 Wakefield Light Railway v. Wakefield Corporation (1907), 76 L. J. K. B. 
 
 634 100 
 
 Wakefield Local Board v. Lee (1876), L. R. Exch. Div. 336 163 
 
 Wakefield San. Auth. v. Mander (1880), L. R. 5 C. P. D. 248 164 
 
 Walker v. York Corporation, 1906, 1 K. B. 724 ; 75 L. J. K. B. 413 134 
 
 Wallsend Local Board v. Murphy (1889), 61 L. T. 777 163 
 
 Walshaw v. Brighouse Corporation, 1899, 2 Q. B. 286 ; 68 L. J. Q. B. 828. 19 
 
 Wanstead Local Board v. Wooster (1873), 38 J. P. 21 272 
 
 Ward V. Portsmouth Corporation, 1898, 2 Ch. 191 ; 67 L. J. Ch. 489 61 
 
 Ward V. Radford (1895), 11 T. L. R. 587 292 
 
 Warwick v. Graham, 1899, 2 Q. B. 191 ; 68 L. J. Q. B. 1001 231 
 
 Wednesbury Corporation v. Lodge Holes Colliery Co., 1907, 1 K. B. 78 ; 76 ' 
 
 L. J. K. B. 68 141 
 
 Welsh V. West Ham Corporation, 1900, 1 Q. B. 324 ; 69 L. J. Q. B. 114 . . 41 
 
 West Ham Corporation v. Sharp, 1907, 1 K. B. 445 ; 76 L. J. K. B. 307 . . 178 
 
 West Lancashire R. D. C. v. Ogflvy, 1899, 1 Q. B. 377 ; 68 L. J. Q. B. 215. 345 
 West Riding of Yorks C. C. v. Robinson, 1907, 1 K. B. 431 ; 76 L. J. K. B. 
 
 426 305 
 
 West Riding of Yorks Rivers Bd. v. Gaunt (1903), 1 L. G. R. 133 308 
 
 West Riding of Yorks Rivers Bd. v. Tadcaster R. D. C. (1907), 71 J. P. 429. 302 
 West Surrey Water Co. v. Chertsey IJnion, 1894, 3 Ch. 613 ; 63 L. J. Ch. 
 
 806 349 
 
 Westminster Corporation v. Gordon Hotels, 1906, 2 K. B. 39 ; 75 L. J. 
 
 K, B. 438 i 307 
 
 White V. Redfem (1879), 6 Q. B. D. 15 ; 49 L. J. M. C. 19 342 
 
 White t>. Sunderland Corporation (1903), 88 L. T. 592 41 
 
 Whiteley v. Barley (1888), 21 Q. B. D. 154 ; 57 L. J. Q, B. 643 283 
 
 Whyler v. Bingham R. D. C, 1901, 1 K. B. 45 ; 70 L. J. K. B. 207 144 
 
 Wieland v. Butler-Hogan (1904), 73 L. J. K. B. 513 343 
 
 Wilkinson v. Llandaff R. D. C, 1903, 2 Ch. 695 ; 72 L. J, Ch. 8 308 
 
TABLE OF CASES. XXUl 
 
 PAGB 
 
 WiUesden Local Board and Wright, Ee, 1896, 2 Q. B. 412 ; 65 L. J. Q. B. 
 
 567 18, 168 
 
 Williams v. Barmouth U. D. C. (1897), 77 L. T. 383 70 
 
 Wimbledon Local Board v. Croydon San. Auth. (1886), 32 Ch. D. 421 ; 66 
 
 L. J. Ch. 159 317 
 
 Wimbledon U. D. C. v. Hastings (1902), 87 L. T. 118 266, 271 
 
 Wincanton R. D. C. v. Parsons, 1905, 2 K. B. 34 ; 74 L. J. K. B. 633 270 
 
 Wing V. Epsom U. D. C, 1904, 1 K. B. 798 ; 73 L. J. K. B. 389 269 
 
 Wirral Highway Board v. Newell, 1895, 1 Q. B. 827 ; 64 L. J. M. C. 181 . . 145 
 
 Wirral E,. D. C. v. Carter, 1903, 1 K. B. 646 ; 72 L. J. K. B. 332 173 
 
 Withington Local Board v. Manchester Corporation, 1893, 1 Ch. 19; 62 
 
 L. J. Ch. 393 80, 181, 273 
 
 Wood V. Ealing Tenants, Ltd., 1907, 2 K. B. 390 ; 76 L. J. K. B. 764 ... . 319 
 
 Wood V. East Ham U. D. C. (1907), 71J. P. 129 275 
 
 Wood V. Headingly Burial Board, 1892, 1 Q. B. 713 68 
 
 Wood V. Widnes Corporation, 1898, 1 Q. B. 463 ; 67 L. J. Q. B. 254 .... 327 
 Wood Green U. D. C. v. Joseph, 1907, 1 K. B. 182 ; 76 L. J. K. B. 173 . . 310 
 Woodard v. Billericay Highway Board (1879), 11 Ch. D. 214 ; 48 L. J. Ch. 
 
 535 160 
 
 Woodford U. D. C. v. Stark (1902), 18 T. L. R. 439 323 
 
 Wright V. Wallasey Local Board (1887), 56 L. J. Q. B. 259 51 
 
 T. 
 
 Tabbicom v. King, 1899, 1 Q. B. 444 ; 68 L. J. Q. B. 560 63 
 
 Tdun, The, 1899, P. 236 ; 68 L. J. P. 101 244 
 
 Young V. Kingston-on-Thames, &c. Joint Burial Committee, 1907, 1 K. B. 
 
 416 ; 76 L. J. K. B. 382 67 
 
DISTRICT COUNCILS. 
 
 Acquisition of Land. 
 
 The district council may, for the purposes of the Public Health 
 Acts or for highway purposes (s. 95, P. H. Act, 1907), purchase, 
 take on lease, sell or exchange land. They may also buy up a 
 water-mill, dam, or weir which interferes with the proper 
 drainage of, or the water supply to, their district. (S. 175, 
 P. H. Act, 1875.) The council can also, with the consent of 
 the L. Gr. B., let any land that can be conveniently spared. 
 (S. 177, P. H. Act, 1875.) 
 
 When lands are purchased by the council the pui-chase will 
 be in accordance with the provisions of the Lands Clauses Acts 
 which are incorporated by section 176 with the P. H. Act. 
 But if compulsory powers of purchase are required by the 
 council, then the following regulations must be observed : — 
 
 The council must publish once in each of three consecutive 
 weeks in the month of November {see post), in some local news- 
 paper circulating in the district, an advertisement stating the 
 nature of the undertaking for which the lands are proposed to 
 be taken, the quantity of lands required, and also where a plan 
 of the proposed undertaking may be inspected. Further, notice 
 must be served in December on every owner or reputed owner, 
 lessee, and occupier. The notice must define the particular 
 lands intended to be taken, and must require an answer stating 
 whether the person so served assents, dissents or is neutral in 
 the matter of the lands being taken. 
 
 When these preliminaries have been completed, the council 
 may present a petition under their seal to the L. G-. B. that the 
 
 C. B 
 
 UC\ 
 
2 DISTRICT COUNCILS. 
 
 council may be allowed to put into force the compulsory powers 
 of purchase of those lands under the Lands Clauses Consolida- 
 tion Acts. The petition must state the lands intended to be 
 taken, the purposes for which they are required, the names of 
 the owners, &c., and their views as to the proposed taking of the 
 land. 
 
 N.B. — The L. G. B. has issued a memorandum containing 
 instructions as to the presenting of this petition which should be 
 observed. In this memorandum the Board declares that two or 
 more local authorities cannot jointly present a petition. A 
 separate petition must be presented by each in respect of the 
 particular lands required by each, or else the several authorities 
 must combine under s. 285, P. H. Act, 1875 (p. 79), and a 
 petition be presented by one of them with regard to all the land 
 required. 
 
 On receipt of petition the L. G. B. can hold a local inquiry, 
 and may by Provisional Order empower the council to exercise 
 these compulsory powers of purchase. The council must serve 
 a copy of the Order on all those persons on whom the notice 
 was served. 
 
 By way of proviso it is enacted that the notices required to 
 be served in November and December may be served in 
 September and October or October and November, but in either 
 case the L. G. B. inquiry cannot be held for one month after 
 the last day of the second of the two months in which the 
 notices are given. 
 
 When a number of persons have a right in common in or 
 over any lands the notice and copy of Order may be served "on 
 any three on behalf of all. (S. 176, P. H. Act, 1875.) 
 
 Lands which have been purchased under the Act and are not 
 required for the purposes for which they were acquired must be 
 sold by the council, unless the L. G. B. directs otherwise. 
 
 The price obtained must be applied towards the discharge of 
 any principal moneys which have been borrowed on the security 
 of the district fund or rate ; or, if there is no such debt out- 
 standing, it must be carried to the account of the district fund 
 in relief of the rates. (S. 175, P. H. Act, 1875.) 
 
 Land which has been acquired for one purpose under this 
 section cannot be permamntly applied to another purpose ; and 
 
ACQUISITION OF LAND. 3 
 
 the L. G. B. has no power to authorize any such departure. 
 {A.-G. V. ffanu-ell U. JD. C, (1900) 2 Ch. 377; 69 L. J. Ch. 626.) 
 But if any portion of tlie land so acquired is not immediately 
 needed, the council may temporarily put it to some other use, 
 provided that this will not prevent it from being ultimately used 
 for the purpose for which the land has been acquired. {A.-G. 
 V. Teddington U. D. C, (1898) 1 Ch. 66 ; 67 L. J. Ch. 23.) In 
 this case the council had set apart as a recreation ground a 
 portion of the lands, which was not immediately wanted, which 
 had been purchased for sewage works. 
 
 Land purchased under the Electric Lighting Acts for a 
 generating station for supplying the district with electricity 
 cannot be used (nor any part of it) for the purposes of the 
 P. H, Act, e.g.^ for the erection of a dust destructor. {A.-G. 
 V. Pontypridd U. JD. C, (1905) 2 Ch. 441 ; 74 L. J. 
 Ch. 716.) 
 
 In districts, however, where s. 95, P. H. Act, 1907, is in 
 force, lands acquired by a council for a special purpose, and not 
 required for that purpose, may be appropriated to any other 
 purpose approved by the L. Gr. B., but subject to any special 
 covenant or condition as to the use of the lands made at the 
 time of their purchase and to any special provision in a local 
 Act affecting their use. But the council must not, on lands so 
 appropriated, create or permit a nuisance, nor sink a well for the 
 public supply of water, nor construct a cemetery, burial ground, 
 destructor, station for generating electricity, sewage farm, or 
 hospital for infectious diseases, unless the L. G-. B., after inquiry 
 and consideration of any objections made by persons affected, 
 authorize the work or construction. (S. 95.) But nothing in 
 this section is to affect any rights acquired before it came into 
 force in the district under any judgment or order of a Court, or 
 under an agreement in writing. If a dispute arises under such 
 an agreement as to a right, and one of the parties is a district 
 council, the dispute must be settled, if either party so require, 
 by the L. G. B. (S. 95, P. H. Act, 1907.) 
 
 JV.B. — This section is only in force in districts to which 
 it or Part X., P. H. Act, 19u7, has been applied by Order of 
 the L. G. B. 
 
 b2 
 
4 DISTRICT COUNCILS. 
 
 A district council ou purchasing any property must witliin 
 three months after the vesting of the property in the council or 
 after the passing of the Act {e.g.^ an Act confirming a Provisional 
 Order) authorizing the purchase, whichever date is later, produce 
 to the Inland Revenue Commissioners an instrument of convey- 
 ance or a copy of the Act stamped with the ad valorem duty 
 payable upon a conveyance on sale of property. (S. 12, Finance 
 Act, 1895.) 
 
 "Property" includes chattels, e.g., electric cables, wires, &c. 
 of an electric light undertaking as well as the land and build- 
 ings. {A.-G. v. Easthourne Corporation, (1902) 1 K. B. 403 ; 
 71 L. J. K. B. 181.) 
 
 Adoptive Acts. 
 
 Certain Acts — the " Adoptive Acts " — only come into force 
 in the district when adopted by the council. These Acts are 
 the Baths and Washhouse Acts ; the Housing of the Working 
 Classes Act, 1890, Part III. ; the Infectious Diseases Pre- 
 vention Act, 1890 ; the Museums and Grymnasiums Act, 1891 ; 
 the Private Street Works Act, 1892; the Public Libraries Acts; 
 the Public Health Act, 1890 ; Notification of Births Act, 1907 
 (see as to the mode of adoption of this Act, Notification of 
 Births). 
 
 In rural districts the following " Adoptive Acts " — the Light- 
 ing and Watching Act, 1833 ; the Baths and Washhouse Acts ; 
 the Burial Acts ; the Public Improvements Act, 1860 ; and the 
 Public Libraries Acts — can only be adopted exclusively by the 
 parish meeting. (S. 7, L. Gr. Act, 1894.) The rural district 
 council have no power to adopt these Acts ; and none of these 
 Acts may be adopted for any part of an urban district by a 
 parish meeting without the approval of the district council. 
 (S. 62, sub-s. 1, L. G. Act, 1894.) 
 
 N.B. — An urban council can adopt all or any of the Parts of 
 the P. H. Act, 1890 ; but a rural district council can only 
 adopt such sections of Part III. of the Act as are declared 
 to be applicable to rural councils, unless the rural council are 
 invested by the L. G. B. with urban powers in respect to 
 Part. III. 
 
ADOPTIVE ACTS. 5 
 
 With regard to the P. H. Act, 1907, the provisions of the 
 Act will only be in force according as Parts II., III., IV., 
 v., VI. and X. are declared to be in force in a district by 
 Order of the L. Gr. B., and Parts VII., VIII., IX. by Order of 
 a Secretary of State. (S. 2, P. H. Act, 1907.) 
 
 The L. Gr. B. or Secretary of State, as the case may be, on 
 the application of a district council, may by Order declare any 
 Part or section of the Act to be in force in the district, or, in 
 the case of a rural district, in any contributory place. The 
 Order can further declare that any provisions of a local Act 
 which are inconsistent with this Act shall be no longer in force. 
 Before applying for an Order, the council must give at least 
 two weeks' notice of their intention to apply by means of 
 advertisements published once at least in two successive weeks 
 in one or more of the newspapers circulating in the district. 
 No Order will be made until proof of such advertisement has 
 been given to the satisfaction of the L. Gr. B. (or Secretary of 
 State), and until one month after the date of such advertisement. 
 
 The Order may specify conditions and adaptations subject to 
 which any Part or section is to be in force ; and a statement of 
 the effect of each Order specifying conditions or adaptations 
 must be published in the London Gazette as well as in any 
 other manner directed by the L. G. B. (or Secretary of State). 
 (S. 3, P. H. Act, 1907.) 
 
 The typical mode of adopting an Adoptive Act is prescribed 
 by 8. 3, Infectious Diseases Prevention Act, 1890 : — 
 
 Adoption must be by means of a resolution passed at a meet- 
 ing of the council. 
 
 Fourteen clear days at least before the meeting, special notice 
 of the meeting, and of the intention to propose such resolution, 
 must be given to every member. 
 
 This notice is to be deemed to have been duly given if it is 
 either — (a) given in the mode in which notices to attend meet- 
 ings of the council are usually given ; or (b) where there is no 
 such mode, then signed by the clerk and delivered to the 
 member or left at his usual or last-known place of abode in 
 England, or forwarded by post in a prepaid letter addressed to 
 
6 DISTRICT COUNCILS. 
 
 the member at his usual or last-known place of abode in 
 England. 
 
 Every such resolution must be published by advertisement in 
 a local newspaper, and by handbills and otherwise as the 
 council think suflBcient for giving notice to all persons interested. 
 
 The resolution will come into operation at such time, not less 
 than one month after the first publication of the advertisement 
 of the resolution, as the council fix ; and thereupon the Act or 
 the sections of it adopted by the council will extend to the 
 district. 
 
 A copy of the resolution must be sent to the L. Gr. B. ; but 
 in the case of the adoption of Part II. (relating to Telegrapli 
 "Wires) of the P. H. Act, 1890, the copy of the resolution is to 
 be sent to the Board of Trade. 
 
 A copy of the advertisement is to be conclusive evidence of the 
 resolution having been passed, unless the contrary is shown. 
 
 No objection on the ground that notice of intention to propose 
 the resolution was not duly given or that the resolution was not 
 sufficiently published can be taken to the adoption after three 
 months from the date of the first advertisement. 
 
 Allotments. 
 
 On a representation in writing being made to an urban 
 district council (in rural districts the parish council is the 
 authority) that allotments are required and that allotments 
 cannot be obtained at a reasonable rent by voluntary arrange- 
 ment between landowners and the applicants, the council must 
 purchase or hire the land required and let it out in allotments 
 to persons belonging to the labouring classes. 
 
 The representation must be made to an urban council by any 
 six registered Parliamentary electors or ratepayers resident in 
 the district, and to a parish council by six registered Parlia- 
 mentary electors or ratepayers resident in a parish. 
 
 " Reasonable rent " means the rent, exclusive of rates, taxes, 
 and tithes, which a person taking an allotment might be 
 expected to pay, having regard to the value of similar land in 
 the neighbourhood, the situation and extent of the allotment, 
 
ALLOTMENTS. 7 
 
 the outgoings payable by the landlord, and the cost and risk of 
 collecting rents and of management. (S. 2, Allotments Act, 
 1887.) 
 
 The persons making and entitled to make the above repre- 
 sentation may appeal to the County Council if the district 
 council fail to give effect to their representation or to provide a 
 sufficient number of allotments ; and the County Council can, 
 thereupon, transfer to themselves the district council's powers 
 under the Act and exercise them at the district council's 
 expense. (Allotments Act, 1890.) 
 
 The Board of Agriculture can transfer the County Council's 
 powers to the Small Holdings Commissioners if the County 
 Council fail to act. (S. 24, Small Holdings and Allotments Act, 
 1907.) 
 
 Land is not to be acquired by a district council for allot- 
 ments except at such a price or rent that the district council 
 may Reasonably expect the expenses to be recouped out of the 
 allotment rents. (S. 2, Allotments Act, 1887.) 
 
 It is the duty of the County Council to ascertain the extent to 
 which there is a demand for allotments in the urban districts 
 (other than boroughs) and the rural parishes in the county, and 
 to satisfy that demand, co-operating for the purpose with the 
 local authorities concerned. (S. 24, Small Holdings and Allot- 
 ments Act, 1907.) 
 
 N.B. — The powers and duties of rural district councils under 
 the Allotments Acts are transferred to the parish council, or 
 where there is no council to the parish meeting, by the Small 
 Holdings and Allotments Act, 1907. All property acquired 
 and all liabilities incurred by a rural district council under these 
 Acts are to pass to the council of the parish (or parish meeting) 
 in respect of which the property was acquired or the liabilities 
 incurred. The transfer will take place from a day to be 
 appointed by the L. G. B., and the adjustment of property 
 and liability will be settled in the mode provided by the 
 L. G. Act, 1894. (S. 20, SmaU Holdings and AUotments Act, 
 1907.) 
 
 The district council need not provide allotments exceeding 
 one acre in extent, but land exceeding five acres may be let or 
 
S DISTRICT COUNCILS. 
 
 adapted for letting as an allotment if the County Council are 
 satisfied that it is desirable and give their consent. (S. 21, 
 Small Holdings and Allotments Act, 1907.) 
 
 The council can acquire land to be used and let out 
 for pasture (s. 12, Allotments Act, 1887), and in addition 
 to this, the council have power to acquire land for the purpose 
 of attaching to allotments provided by the council rights of 
 gi*azing over the land, and also stints and other alienable 
 common rights of grazing. (S. 31, Small Holdings and Allot- 
 ments Act, 1907.) 
 
 JV.B. — A " small holding " is defined by the Act to mean an 
 agricultural holding which exceeds one acre, and either does not 
 exceed fifty acres, or, if exceeding fifty acres, is at the date of 
 sale or letting of an annual value for the purpose of income tax 
 not exceeding 50/. (S. 46, Small Holdings and Allotments Act, 
 1907.) The distinction between an " allotment " and a " small 
 holding " is not at all clear, but it must be inferred from the 
 provision in s. 21 of the Act which prohibits one tenant from 
 holding an " allotment " exceeding five acres. District councils 
 have no power to provide " small holdings " unless an arrange- 
 ment is made by the County Council and the district council that 
 the County Council's powers in the matter shall be exercised by 
 the latter as the agents of the County Council. (S. 15, Small 
 Holdings and Allotments Act, 1907.) 
 
 The County Council can sell or let to an urban district council 
 for the purpose of allotments any land acquired for small 
 holdings. (S. 32, Small Holdings and Allotments Act, 1907.) 
 
 An incimibent can lease glebe land to the council with the 
 consent of the Ecclesiastical Commissioners. The lease must 
 not be for a term exceeding thirty-five years. (S. 28, Small 
 Holdings and Allotments Act, 1907.) 
 
 If a council are unable to acquire land by agi*eement and on 
 reasonable terms under the Allotments Acts, they may acquire 
 land compulsorily in the manner provided by this Act. (S. 22, 
 Small Holdings and Allotments Act, 1907.) 
 
 When the council propose to purchase land compulsorily, they 
 may submit to the Board of Agriculture an Order for putting 
 into force the provisions of the Lands Clauses Acts with respect 
 
ALLOTMENTS. 9 
 
 to compulsory purchase. The Order must be in accordance with 
 the pro^•ision8 of Part I. of Schedule I. of the Act, and the 
 acquisition of the land will be carried out accordingly. 
 
 When the council propose to hire land compulsorily, they 
 must submit to the Board of Agriculture an Order for the com- 
 pulsory hiring. The provisions of Part I. of Schedule I. will 
 apply to this Order with the necessary modifications and with 
 the modifications set out in Part II. of Schedule I. The period 
 proposed in an Order for compulsory hiring must not be less 
 than fourteen nor more than thirty- five years. 
 
 An Order must be confirmed by the Board of Agriculture. 
 (S. 26, Small Holdings and Allotments Act, 1907.) 
 
 The council, when they have hired land compulsorily, may 
 renew the tenancy on giving the landlord not more than two 
 years' nor less than one year's notice before the expiration of the 
 tenancy. The period for which the renewal of the tenancy is 
 required must be specified in the notice, and must be for a 
 period not less than fourteen nor more than thirty-five years. 
 The rent to be paid for the renewed tenancy is, in default of 
 agreement, to be settled by a valuer appointed by the Board. 
 But if the landlord, on receipt of this notice satisfies the Board 
 of Agriculture that the land is required for the amenity or con- 
 venience of any dwelling house, the tenancy is not to be renewed. 
 
 With the exception of the rent, the conditions of the renewed 
 tenancy are to be the same as those of the original lease. (S. 27, 
 ' Small Holdings and Allotments Act, 1907.) 
 
 If, when the amount of compensation payable, or, in the case 
 of compulsory hiring, the rent payable, has been determined, it 
 appears to the council that the land proposed to be acquired 
 cannot be let for allotments or small holdings at such a rent as 
 will secure the council from loss, they may at any time within 
 pix weeks from the determination of the amount payable by 
 them, give notice in writing to the persons interested in the 
 land, withdrawing the notice to treat. Persons on whom this 
 notice of withdrawal must be served must be compensated for 
 any loss or expense incurred in consequence. The compensation 
 must be settled by arbitration in case of dispute. (S. 26, SmaU 
 Holdings and Allotments Act, 1907.) 
 
 No land can be acquired compulaorily which forms part of a 
 
10 DISTRICT COUNCILS. 
 
 park, garden, or pleasure ground, or forms part of the homo 
 farm attached to and usually occupied with a mansion house ; 
 or which is otherwise required for the amenity or convenience 
 of a dwelling-house ; or which is woodland not wholly 
 surrounded hy or adjacent to land acquired by the council ; or 
 which is the property of any local authority ; or which has been 
 acquired b}'' any corporation or company for the purposes of a 
 railway, dock, canal, water, or other public undertaking ; or 
 Avhich is the site of an ancient monument or other object of 
 archooological interest. 
 
 The council, in making an Order for compulsory acquisition, 
 must have regard to the extent of land held or occupied in the 
 locality by an owner or tenant, and must avoid, as far as prac- 
 ticable, taking an undue quantity of land from any one owner 
 or tenant. The council must also take into consideration the 
 size and character of agricultural buildings not proposed to be 
 taken on the holding, and the quality and nature of the land avail- 
 able for occupation with these buildings. They must also avoid 
 displacing any considerable number of agricultural labourers or 
 others employed on the land. 
 
 No holding of fifty acres or less in extent, nor any part of 
 such holding, can be acquired compulsorily for the purposes of 
 allotments or small holdings. (S. 30, Small Holdings and 
 Allotments Act, 1907.) 
 
 When land has been hired compulsorily by the council, the 
 landlord, on satisfying the Board of Agriculture, at any time 
 during the tenancy, that he requires the land for building, 
 mining, or other industrial purposes, or for roads necessary for 
 these purposes, can resume possession of the land or such part as 
 he requires on giving the council twelve months' notice in 
 writing. If a part only of the land is resumed, the rent payable 
 by the council in respect of the rest of the land must, in default 
 of agreement, be determined by a valuer appointed by the Board 
 of Agriculture. (S. 33, Small Holdings and Allotments Act, 
 1907.) 
 
 The district council can improve land acquii*ed by them and 
 adapt it for letting in allotments, by draining, fencing, and 
 dividing the land, and making roads and approaches to it. 
 (S. 5, Allotments Act, 1887.) The council can also erect 
 
ALLOTMENTS. 11 
 
 buildings and make adaptations of existing buildings, but so 
 that not more than one dwelling-house shall be erected for occupa- 
 tion with any one allotment ; and no dwelling-house must be 
 erected for occupation with an allotment of less than one acre. 
 (S. 21, Small Holdings and AUotments Act, 1907.) 
 
 W.B.—Snh-s. 5 of s. 7 of the 1887 Act, which prohibited 
 tenants from erecting buildings other than tool-sheds, pig-stirs, 
 &c., is repealed by s. 35 of the 1907 Act. 
 
 Eegulations, to be confirmed by the L. Gr. B., may be made 
 for the management and letting of the allotments, the condi- 
 tions under which they are to be cultivated, the rent to be paid, 
 &o. A copy of the regulations must be given gratis to any 
 inhabitant of the district or parish demanding the same. 
 
 N.B. — The L. G. B. has published model regulations. 
 
 The council can appoint (and remove) allotments managers. 
 These managers may consist wholly of members of the council 
 or partly or wholly of residents and ratepayers in the district. 
 The council can prescribe the proceedings and powers of the 
 managers, who may be empowered to incur expenses on behalf 
 of the council to such amount as the council authorize. (S. 6, 
 Allotments Act, 1887.) 
 
 The management of allotments and field gardens vested in 
 allotments wardens by the Inclosure Acts may, with the 
 sanction of the Board of Agriculture, be transferred by them 
 to the district (in rural districts to the parish) council. (S. 13, 
 Allotments Acts, 1887.) 
 
 When the council provide pasture land they can charge a 
 rent for the animals turned out on the pasture, and they may 
 by their regulations define who are the persons entitled to put 
 animals on the pasture, the number of animals and the condi- 
 tions under which they are to be put on the pasture. (S. 12, 
 AUotments Act, 1887.) 
 
 The council must keep a register of tenancies showing par- 
 ticulars of the tenancies, the acreage and rent of the allotments 
 let and unlet. (S. 15, Allotments Act, 1887.) 
 
 Superfluous land acquired for allotments or land which is 
 unsuitable for allotments may, with the sanction of tlie County 
 Council, be sold by the district council or exchanged for suitable 
 
12 DISTRICT COUNCILS. 
 
 laud. The proceeds of the sale, or any money received on an 
 exchange of land by way of equality of exchange, must be 
 applied iu defraying the expenses of the allotments or in 
 acquiiing or improving other land for allotments. (S. 11, 
 Allotments Act, 1887.) 
 
 Five acres are the limit of the amount of land which one 
 person may hold as an allotment. (S. 21, sub-s. 1.) But the 
 council can let one or more allotments to persons working on a 
 co-operative system, or to an association formed for the purpose 
 of promoting the creation of allotments. (S. 21, sub-s, 3, Small 
 Holdings and Allotments Act, 1907.) 
 
 The rent to be fixed by the council shall be such as may be 
 reasonably expected to insure them from loss ; but in calcu- 
 lating this loss any expenses incurred in an unsuccessful attempt 
 to acquire land are to be excluded. Regard, too, must be had 
 to the agricultural value of the land. Not more than a quarter's 
 rent shall be required to be paid in advance if, indeed, the 
 council require payment of rent in advance. 
 
 For the purpose of rates, taxes and tithe rent-charge the 
 district council are to be deemed to be the occupiers of the 
 allotments, but the amounts so paid are to be certified to the 
 tenants, apportioned among them, and added to the rent payable 
 by them to the council. But for the purposes of the Parlia- 
 mentary or other franchise the tenants are to be deemed 
 to be the occupiers of the allotments. (S. 7, Allotments Act, 
 1887.) 
 
 If any allotment cannot be let in accordance with this Act or 
 the regulations of the council, it may be let to any person who 
 is willing to take it for the best annual rent, provided the 
 council can resume possession of it within twelve months if 
 it should be required. 
 
 A tenant before the expiration of his tenancy may remove 
 any fruit or other trees and bushes planted or acquired by 
 him, for which he has no claim for compensation. (S. 7, Allot- 
 ments Act, 1887.) 
 
 Compensation is payable by the council to the tenant of an 
 allotment on the termination of the tenancy for the following 
 improvements mentioned in paragraph (27) (i), (ii), (iii) and 
 
ALLOTMENTS. 13 
 
 (iv) of the First Schedule to the Agricultural Holdings Act, 
 1900 : — (i) Planting of standard or other fruit trees perma- 
 nently set out ; (ii) planting of fruit bushes permanently set 
 out ; (iii) planting of strawberry plants ; (iv) planting of 
 asparagus, rhubarb, and other vegetable crops which continue 
 productive for two or more years. 
 
 The tenant, however, is not entitled to compensation in 
 respect of any such improvement if executed contrary to an 
 express prohibition in writing by the council ; but the tenant 
 can appeal against such prohibition to the Board of Agri- 
 culture. 
 
 The tenant of an allotment may, if he so elects, claim com- 
 pensation for improvements under the Allotments and Cottage 
 Gardens (Compensation for Crops) Act, 1887, instead of under 
 the Agricultural Holdings Acts, notwithstanding that his allot- 
 ment exceeds two acres. 
 
 Compensation is payable by the landlord to the council on 
 quitting at the end of the tenancy land which they have hired 
 for allotments, unless there is an agreement to the contrary. 
 This compensation is payable for any improvements mentioned 
 in paragraph 27 (i), (ii), (iii), (iv), supra, effected by the council, 
 and also for any improvement mentioned in Part I. or Part II. 
 of the First Schedule to the Agricultural Holdings Act, 1900, 
 which was necessary or proper to adapt the land for allot- 
 ments. 
 
 Any improvements mentioned in Part I. or Part II. can be 
 made by the council without the consent of or notice to the 
 landlord. The improvements mentioned in Part I. are (i) erec- 
 tion, alteration or enlargement of buildings ; (ii) laying down 
 of permanent pasture ; (iii) making of gardens ; (iv) making 
 or improving of roads or bridges ; (v) making or improving of 
 ponds, water-courses, &c. ; (vi) making or removal of perma- 
 nent fences ; (vii) planting of orchards ; (viii) reclaiming waste 
 lands, &c. The improvement mentioned in Part II. is 
 drainage. 
 
 In the case of land hired compulsorily by the council, the 
 amount of compensation payable to the council for these 
 improvements is to be a sum as fairly represents the increase 
 (if any) in the value to the landlord and his successors in title 
 
14 DISTRICT COUNCILS. 
 
 of the holding due to the improvements. (S. 35, Small Hold- 
 ings and Allotments Act, 1907.) 
 
 For the purpose of recovering the rent and possession of an 
 allotment, the district council have the same remedies as any 
 other landlord. 
 
 If the rent is in aiTear for more than forty days, or, if after 
 three months of the tenancy, it appears to the council that the 
 tenant has not observed the regulations, or if the tenant resides 
 more than one mile outside the district or parish for which the 
 allotments are provided, the council can give him one month's 
 notice determining his tenancy. 
 
 This notice must be in writing, must be served on him 
 personally, or, if he resides outside the district or parish, it 
 must be left at his last known place of abode in the district or 
 parish, or fixed in some conspicuous manner on the allotment. 
 But in every such case, in default of agreement between the 
 incoming and outgoing tenant, the council must pay the com- 
 pensation due to him. This compensation is to be assessed by 
 an arbitrator appointed by the council, or, if the tenant so elect, 
 either by an arbitrator appointed under the Allotments and 
 Cottage Gardens (Compensation for Crops) Act, 1887, or by a 
 reference under the Agricultural Holdings Act, 1883. (S. 8, 
 Allotments Act, 1887.) 
 
 Within one month after the 25th March in each year a state- 
 ment of the receipts and expenditure under this Act must be 
 made by the council and be open to the inspection of the rate- 
 payers. (S. 15, Allotments Act, 1887.) 
 
 Separate accounts must be kept of the receipts and expendi- 
 ture of the council, of their officers, and of the allotment 
 managers and other persons acting under this Act. These 
 accounts will be audited as the council's other accounts are 
 audited, and the accounts of the allotment managers will be 
 audited as the accounts of the council's officers are audited. 
 
 All expenses, in so far as they are not covered by the allot- 
 ment rents, are to be defrayed in an urban district as part of the 
 general expenses. 
 
 All receipts, other than by the sale or exchange of lands, 
 must be applied to payment of the expenses incurred in respect 
 of the allotments, and any surplus revenue from the allotments 
 
AMBULANCE — ARBITRATION. 15 
 
 must be applied in aid of the expenses. (S, 10, Allotments 
 Act, 1887.) 
 
 The council can borroAv money, as under the P. H. Act, 
 187o, for the purpose of acquiring, improving, or adapting land 
 for allotments. (S. 10, Allotments Act, 1887.) 
 
 Ambulance. 
 
 In districts where s. 50 of Part III., P. H. Act, 1907, is in 
 force, the council may provide and maintain an ambulance for 
 use in case of accident, also suitable attendants, means of 
 traction and other requisites. The council may allow the 
 ambulance to be used by any other local authority or person 
 subject to such terms and conditions as may be agreed upon. 
 
 Arbitration. 
 
 The P. H. Act, 1875, provides that the following matters 
 are to be referred to arbitration : — 
 
 (a) A dispute between the council and the owner or occupier 
 
 of premises outside the district as to t'le terms and 
 conditions under which the drains of these premises 
 may be connected with the council's sewers. (S. 22.) 
 
 (b) Questions between a water company and a district council 
 
 proposing to supply water in the company's limits of 
 supply as to whether the company are able and 
 willing to lay on a sufficient supply and whether the 
 purposes for which the council require the water are 
 reasonable. (S. o2.) 
 (e) Difference as to the times and conditions under which a 
 district council shall undertake to supply water to an 
 adjoining district. (S. 68.) 
 
 (d) Dispute as to the apportionment of paving expenses 
 
 among frontagers. (S. 150.) 
 
 (e) Dispute as to the amount of compensation to be paid for 
 
 setting back a building. (S. 155.) 
 
 (f) Dispute as to the amount of compensation payable on 
 
 account of damage done in the exercise of the council 
 of their powers. (S. 308.) 
 
16 DISTRICT COUNCILS. 
 
 (g) Questions whether proposed works by the council will 
 injure rivers, canals, docks, &c. (S. 328.) 
 
 (h) Questions whether the council in exercising their powers 
 under this Act have injmiously affected any water 
 supply. (S. 333.) 
 
 N.B. — With regard to (g), if the arbitrators are of opinion 
 that no injuiy will be caused, the council can forthwith proceed 
 with the proposed works ; if they are of opinion that injury will 
 be caused, but that the injury is of such a nature as to admit 
 of being fully compensated for, the council can only proceed 
 with the work on payment of the compensation assessed ; if they 
 are of opinion that injury will be caused and that it will not 
 admit of being compensated by money, the council must not 
 proceed with the work. (S. 329, P. H. Act, 1875.) 
 
 If the amount in dispute, or the compensation claimed, does 
 not exceed 20/., the matter may, at the option of either party, 
 be determined by a Court of summary jurisdiction. (S. 181, 
 P. H. Act, 1875.) 
 
 When any matter is directed to be settled by arbitra- 
 tion under the P. H. Act, 1875, unless both parties concur 
 in the appointment of a single arbitrator, each party must 
 appoint an arbitrator, to whom the matter must be referred. 
 (S. 179, P. H. Act, 1875.) But when, however, the mode of 
 determining a question is otherwise specially provided for — 
 e.g., the compulsory purchase of land by a district council is 
 governed by s. 176, P. H. Act, 1875, which incorporates for 
 that purpose the provisions of the Lands Clauses Acts — the 
 question wiU be determined accordingly. (S. 179, P. H. Act, 
 1875 ; and Rayner, Ex p. (1878), 3 Q. B. D. 446 ; 47 L. J. 
 Q. B. 660.) 
 
 S. 180, P. H. Act, 1875, contains regulations as to arbitra- 
 tions under the P. H, Act : — 
 
 The appointment of an arbitrator by a district council must 
 be under their seal. 
 
 The appointment must be delivered to the arbitrators, and 
 when delivered amounts to a submission to arbitration. 
 
 An appointment when made cannot be revoked without the 
 
ARBITRATION. 17 
 
 consent of both parties ; the death of a party will not operate 
 as a revocation. 
 
 When one party has appointed an arbitrator and has given 
 written notice to the other party stating the matter to be 
 referred to arbitration, accompanied by a copy of the appoint- 
 ment, if this other party, after fourteen days from the giving 
 of the notice, fails to appoint an arbitrator, the single arbitrator 
 appointed by the party giving the notice shall act fpr both. 
 
 If before the determination of the matter referred an arbi- 
 trator dies, or refuses to act, or becomes unable to act, the party 
 who appointed him may appoint in writing another person in 
 his stead ; but if such party fails to do so within seven days 
 after written notice in that behalf from the other party, the 
 remaining arbitrator may act alone. 
 
 If a single arbitrator dies, or is unable to act before the 
 making of his award, or fails to make his award within twenty- 
 one days after his appointment, or within such extended time 
 as may have been appointed by him for that purpose, the 
 reference to arbitration must be made de novo. 
 
 Where there are two arbitrators, they must, before they enter 
 on the reference, appoint an umpire. If they fail to make this 
 appointment within seven days after being requested to do so 
 by either party, the L. Gr. B., on the application of either party, 
 can appoint an umpire. 
 
 The umpire must determine the matter referred if the arbi- 
 trators fail to make their award within the twenty-one days or 
 in the extended time. In no case must this extended time 
 exceed two months from the date of the submission ; nor, if the 
 award is made by the umpire, must it be extended beyond the 
 period of two months from the date when the matter was 
 referred to him. 
 
 N.B. — This regulation does not curtail the powers of the 
 Court or a judge under s. 9, Arbitration Act, 1889, to extend 
 the time beyond these limits. {Knowles v. Bolton Corporation^ 
 (1900) 2 Q. B. 253; 69 L. J. Q. B. 481.) 
 
 The arbitrator or umpire can require either party to produce 
 documents, and may examine the parties and their witnesses on 
 oath. 
 
 c. c 
 
18 DISTRICT COUNCILS. 
 
 The costs of the reference are in his discretion. 
 
 The award is final and binding on all parties to the reference. 
 (S. 180, P. H. Act, 1875.) 
 
 H.B. — Though there is no appeal from the award, the Court 
 or a judge may from time to time, on the application of either 
 party, remit the matters referred, or any of them, to the 
 arbitrator or umpire for reconsideration (s. 10, Arbitration Act, 
 1889) ; and where an arbitrator has misconducted himself, the 
 Court may remove him, or if the award has been improperly 
 obtained, may set it aside. (S. 11, Arbitration Act, 1889.) 
 Arbitrators or an umpire may at any stage of the proceedings, 
 and must, if so directed by a Court or judge, state in the form 
 of a special case for the opinion of the Court any question of 
 law arising in the course of the reference. (S. 19, Arbitration 
 Act, 1889.) 
 
 When the arbitration is as to the amount of money payables 
 to the district council, e.g., the amount payable by a frontager 
 in respect of his share of paving expenses in making up a private 
 street, the council to enforce the award must proceed summarily 
 under s. 257, P. H. Act, 1875, or in the County Court under 
 8. 261. The award cannot be enforced under s. 12, Arbitration 
 Act, 1889. {Re WiUesden L. B. and Wright, (1896) 2 Q. B. 
 412 ; 65 L. J. Q. B. 567.) "With regard to other matters, it is 
 submitted that s. 12, Arbitration Act, 1889, applies to the 
 enforcement of an award. 
 
 If damage is caused to any person by the district council in 
 the exercise of their powers, full compensation must be paid to him 
 by the council, provided that the damage was not caused by 
 any default on the claimant's part. Any dispute as to the fact 
 of damage or as to the amount of compensation payable must 
 be settled by arbitration. (S. 308, P. H. Act, 1875.) 
 
 Compensation payable under the P. H. Act, 1907, is to 
 be determined in the mode above mentioned. (S. 10, P. H. 
 Act, 1907.) 
 
 N.B. — The arbitrator can inquire into the facts of damage 
 being done and of its being due to the claimant's default ; and 
 it is open to the council when an unfavourable award has been 
 made to contest their liability on any grounds when proceedings 
 
ARBITKATION. 19 
 
 are taken to enforce the award, {Brierhi/ HUIL. B. v. Peavsall 
 (1884), 9 A. C. 595 ; 54 L. J. Q. B. 25.) Where arbitrators 
 had been appointed to settle the compensation payable by the 
 council to a land-owner for damage to be caused by carrying a 
 sewer through her land, but before any work had been begun 
 the council decided not to execute it — it was held that an award 
 giving the land-owner her costs which she had incurred was bad. 
 But the Court further held that she was not thereby debarred 
 from claiming compensation for the expense she had been put 
 to by the notice of the intention to make the sewer in her land. 
 {Daris v. Witney U. B. C. (1899), 15 T. L. E. 275.) 
 
 " Full compensation." — These words include the pecuniary 
 loss which a man suffers when he is not in default, including 
 the expense of witnesses whom he has called to prove that he 
 is not in default. {Be Better and the Birkenhead Corporation, 
 (1893) 2 a B. 77 ; 62 L. J. M. C. 107.) In this case meat 
 had been seized as unfit for food, but the justice had refused 
 to order its destruction on being satisfied by Bater and his wit- 
 nesses that it was not unsound. 
 
 In another meat seizure case it was held that the arbitrator 
 could include in the " full compensation " the costs incurred in 
 opposing a summons under s. 117, P. H. Act, 1875. {Wahhaw 
 V. Brighome Corporation, (1899) 2 Q. B. 286; 68 L. J. Q. B. 
 828.) 
 
 But the difference between the taxed costs and "the costs 
 actually incurred by a person defending proceedings taken 
 against him by the local authority to abate a nuisance cannot 
 be so recovered. (Barnett v. Ecc/rs Corporation, (1900) 2 Q. B. 
 423 ; 69 L. J. Q. B. 834.) 
 
 Where the council had carried a sewer into the plaintiff's 
 lands in accordance with the powers under s. 16, P. H. Act, 
 1875, it was held that he was not entitled to compensation for 
 the depreciation of his property caused by the proximity of a 
 pumping station erected on adjoining land (not his property) 
 in connection with the sewer. {Ilorton v. Colwyn Bay U. I). C, 
 (1907) 1 K. B. 14 ; 76 L. J. K. B. 91.) 
 
 c2 
 
20 DISTRICT COUNCILS. 
 
 Audit of Accounts. 
 
 The accounts of urban district councils (s. 247, P. H. Act, 
 1875) and of rural district councils (s. 58, sub-s. 2, L. G. Act, 
 1894) must be audited in the case of an urban council, yearly 
 (s. 247, P. H. Act, 1875), and in the case of a rural district 
 council, half-yearly (s. 58, sUb-s. 2, L. G. Act, 1894), by a 
 district auditor appointed and paid by the L. G. B. (S. 4, 
 District Auditors' Act, 1879.) 
 
 The accounts of urban councils, their committees and officers, 
 must be made up to the 31st day of March; the accounts of 
 rural district councils, to the 30th day of September and to the 
 31st day of March in each year, and in the form prescribed by 
 the L. G. B. (S. 58, sub-s. 1, L. G. Act, 1894.) 
 
 The L. G. B., by Order of the 18th of April, 1903, has 
 settled the form of, and the particulars to be contained in, the 
 financial statement of expenditure and receipts of an urban 
 district council. 
 
 The financial statement must be prepared and submitted in 
 duplicate by the district council to the district auditor. The 
 council must affix a stamp to one of the duplicate statements. 
 The value of the stamp depends on the amount of the expendi- 
 ture by the council. (Schedule I., District Auditors' Act, 1879.) 
 At the conclusion of the audit, the auditor must cancel the 
 stamp and certify on each duplicate the amount in words of the 
 expenditure examined and allowed, and further, that the regula- 
 tions with respect to such statement have been duly complied 
 with, and that he has ascertained by the audit the correctness of 
 the statement. He must then send the stamped duplicate 
 thus certified by him to the L. G. B. ; and in such case a 
 return of receipts and expenditure under the Local Taxation 
 Eeturns Acts, 1866 and 1877, need not be sent by the council 
 unless the L. G. B. so requires. (S. 3, District Auditors' Act, 
 1879.) 
 
 Notice must be given by advertisement in the local news- 
 papers by the district council at least fourteen days before the 
 audit as to the fact that the audit will take place at the time 
 and place specified in the notice, and that the council's accounts 
 are deposited for inspection. 
 
AUDIT OF ACCOUNTS. 21 
 
 A copy of the accounts, duly made up and balanced, together 
 with all rate books, account books, deeds, contracts, vouchers, 
 and receipts mentioned in them, must be open for inspection 
 during office hours, at the council's office, to all persons inter- 
 ested for seven clear days before the audit. Such persons may 
 take extracts free of charge. (S. 247, P. H. Act, 1875.) 
 
 N.B. — In a rural district a parochial elector may at all 
 reasonable times, without payment, inspect and make copies and 
 take extracts from all books, accounts and documents belonging 
 to or under the district council's control. (S. 58, sub-s. 5, L. Gc. 
 Act, 1894.) 
 
 The auditor by summons in writing can require the pro- 
 duction before him of any books, accounts, vouchers, &c. which 
 he may deem necessary, and may require the person account- 
 able for them to appear before him at the audit, or at an 
 adjournment of the audit, and to make and sign a declaration 
 as to their correctness. If such person refuses to produce any 
 document or to make or sign the declaration, he is liable to a 
 penalty of forty sliillings for each refusal ; if he wilfully makes 
 a false declaration he may be indicted for perjury. 
 
 Any ratepayer or owner of property in the district may be 
 present at the audit and object to the accounts before the 
 auditor. A ratepayer or owner can appeal to the L. Gr. B. 
 against any allowance made by the auditor, or he may 
 apply to the Court of King's Bench for a writ of co tiorari. 
 The auditor, on the application of such person, must state in 
 writing his reason for making an allowance. (S. 247, P. H. 
 Act, 1875.) 
 
 An auditor must disallow every item of account contrary to 
 law, and surcharge it on the person making or authorizing the 
 making of the illegal payment. He must also charge to any 
 person who has to account the amount of any deficiency or loss 
 due to his negligence or misconduct, and the amount of any 
 sum which ought to have been, but is not, brought into account 
 by him. In every such case the auditor must certify the 
 amount due, and on the application by any party aggrieved he 
 must state in writing his reason for disallowing or surcharging 
 any amount. 
 
 Any person aggrieved by a disallowance may either apply to 
 
22 DISTKICT COUNCILS. 
 
 the Court of King's Bench for a writ of certiorari, or he may 
 appeal to the L. G. B. 
 
 N.B. — Where, however, expenses paid by a district council 
 have been sanctioned by the L. G. B., the district auditor must 
 not disallow them. (Local Authorities Expenses Act, 1887.) 
 
 With regard to these appeals the L. G. B. has exactly the 
 same powers as it has in the case of appeals against allowances 
 or disallowances made by poor law auditors. (S. 247, P. H. 
 Act, 1875.) The Board can determine the question of the 
 appeal as it thinks fit, and uphold or upset the auditor's 
 decision ; but even if it finds that a disallowance or surcharge 
 made by the district auditor is lawful, the Board can order it to 
 be remitted if the expenditure disallowed and surcharged was 
 incurred under such circumstances as to make a remission fair 
 and equitable. (S. 4, Act 11 & 12 Vict. e. 91.) 
 
 N.B. — Generally speaking, unless a payment or expenditure 
 is expressly authorized by any of the statutes governing district 
 councillors, it will be an unlawful payment, and therefore liable 
 to be surcharged on the councillors or others who have authorized 
 it. In such a case the councillor's only hope of relief is that 
 the L. G. B. will exercise the discretion vested in the Board in 
 his favour, and remit the amount — that is, if he chooses this 
 simpler course to applying for a writ of certiorari to remove the 
 auditor's disallowance, to be dealt with in the King's Bench 
 Division, 
 
 In R. V. Dolly (1902), 18 T. L. E. 434, the Court upheld 
 the auditor's disallowance of the expenses incurred in repairing 
 an omnibus which the council had purchased for taking the 
 ■members about the district in the performance of their ordinary 
 duties ; but " if they had been called upon to do extraordinary 
 duties which would have involved a certain amount of expendi- 
 ture properly chargeable, and it had been shown that the course 
 they had adopted was an economical one, the case would have 
 been different." {Per Lord Alverstone, C.J.) 
 
 Every sum certified by the auditor to be due must, if there is 
 no appeal, be paid to the treasurer of the council within four- 
 teen days. If not so paid, this sum may be recovered in the 
 same manner as poor rate, i.e., the person surcharged may be 
 
AUDIT OF ACCOUNTS. 23 
 
 summoned, and if he fails to appear the j ustices can grant a 
 warrant of distress. (S. 247, P. H. Act, 1875.) 
 
 Bills of costs in respect of legal business done for the council, 
 which have been taxed by the Clerk of the Peace of the County, 
 are to be prima facie evidence of the reasonableness of the 
 amount, but not of the legality of the charge. 
 
 If a bill of costs is not taxed by the Clerk of the Peace, or by 
 any other taxing officer, before being presented to the auditor, 
 the auditor's decision on the reasonableness and the legality of 
 the charge is to be final. (S. 249, P. H. Act, 1875.) 
 
 Within fourteen days after the completion of the audit of an 
 urban district council's accounts, the auditor must deliver a 
 report on the accounts audited and examined to the clerk of 
 the council. This report must be deposited at the council's 
 offices, and the council must publish an abstract of the accounts 
 in a local newspaper. (S. 247, P. H, Act, 1875.) A rural 
 district council must publish, in a local newspaper, an abstract 
 of their accounts, as certified by the auditor ; but the auditor, 
 within fourteen days after the completion of the audit, must 
 send his report to the L. G. B. (L. G-. B. Order, 20th May, 
 1895.) 
 
 The accounts of the council's officers and assistants, who are 
 required to receive money on the council's behalf, must be 
 audited by the district auditor. The above provisions, relating 
 to the council's accounts, apply to the accounts of the council's 
 officers. (S. 250, P. H. Act, 1875.) 
 
 Baths and Wash-houses. 
 
 When the Baths and Wash-house Acts are not in force in an 
 urban district, the council can adopt them. (S. 10, P. H. Act, 
 1875.) In rural parishes the parish council have the exclusive 
 right of adopting these Acts. (S. 7, L. Gr. Act, 1894.) 
 
 When these Acts have been adopted, the council can purchase 
 or appropriate land belonging to them for establishing public 
 baths or wash-houses (s. 24) ; can build baths or make open 
 bathing places (s. 25) ; or contract for their erection and equip- 
 ment (s. 26) ; or the council can purchase existing baths or 
 wash-houses (s. 27), 
 
24 DISTRICT COUNCILS. 
 
 Any contract for over 100/. must be bj tender, of which 
 fourteen days' notice must be given in a local newspaper. 
 (S. 26, B. and W. Act, 1846.) 
 
 Cf. 8. 174, sub-s. 4, P. H. Act, 1875, which provides that 
 contracts for the purposes of the P. H. Act of the value of 100/. 
 must be by tender, of which ten days' notice must be published. 
 
 The Lands Clauses Act, 1845, governs purchases of land, 
 which nan only be taken by agreement, by a council for estab- 
 lishing baths. (S. 4, B. and W. Act, 1847.) 
 
 The council can borrow money with the consent of the L. G. B. 
 (s. 9, B. and W. Act, 1878) for establishing a bath or wash- 
 house on the security of the rates (s. 21, B. and W. Act, 1846), 
 and the Public Works Loans Commissioners can lend money for 
 this purpose. (S. 22, B. and W. Act, 1846.) 
 
 " Bath " includes a covered swimming bath. (S. 3, B. and W. 
 Act, 1878.) The council can close a covered swimming bath 
 for such period as they think fit from the beginning of November 
 to the end of March, and turn it into a gymnasium or place of 
 recreation, or allow it to be used for parochial purposes. (S. 5, 
 B. and W. Act, 1878.) Or, again, it may be used for music 
 and dancing if the council get the necessary license. But no 
 part of the licensed premises must be let except occasionally to 
 a person ; and the person to whom the use of the premises is let 
 for music or dancing must not take money at the door for 
 admission ; and the council will be responsible for any breach 
 of the conditions on which the license was granted. (S. 2, 
 B. and W. Act, 1899.) 
 
 When the building is put to the use as a gymnasium, &c. the 
 council can make bye-laws and charges for its use as such, and 
 can appoint officers for its management as such. (Ss. 6, 7, 8, 
 B. and W. Act, 1878.) 
 
 The management and control of the baths or wash-houses 
 established by the council are in the hands of the council. (S. 33.) 
 
 The council can appoint officers and make bye- laws for regu- 
 lating the use of the baths. These bye-laws (which can impose 
 penalties up to 5/., and which must be approved by the L. Gr. B.) 
 must provide (a) for the control of the baths ; (b) for securing 
 privacy for the persons using them and the safety of bathers 
 in open bathing-places ; (c) for securing that males over eight 
 
BATHS AND WASH-HOUSES. 25 
 
 years of age shall bathe separate from females ; (d) for pre- 
 venting damage, disturbance, nuisances, and indecency of 
 language and behaviour ; (e) for defining the duties of the 
 officers. (S. 34.) 
 
 A copy or abstract of these bye-laws must be hung up in 
 every bath-room and near every wash-tub in a wash-house. 
 (S. 35.) 
 
 Offenders against the bye-laws can be removed (s. 10), and 
 any person who has been convicted of a breach of bye-laws or of 
 an offence against public decency in the baths may be refused 
 admission to them. (S. 11.) 
 
 There must be provided at least twice as many baths (s. 36) 
 and twice as many wash-tubs (s. 5) for the use of the labouring 
 classes as there are those provided for the use of persons of a 
 higher class. 
 
 The scheduled charges for the use of a swimming-bath are 
 fixed at eightpence for 1st Class; fourpence for 2nd Class; 
 twopence for 3rd Class. There is no intimation in the Act as 
 to whether the classification refers to the bather, or to the state 
 of the bath, or to the accommodation provided him in the shape 
 of towels, &c. (S. 4, B. and W. Act, 1878.) 
 
 In open bathing-places where several persons bathe in the 
 same water the charge for each person is to be a penny. (S. 14, 
 B. and W. Act, 1878.) 
 
 The schedule to the 1847 Act defines the charges that may 
 be made for other baths and wash-tubs. 
 
 (a) Baths for the Labouring Classes. — Every bath is to be 
 supplied with clean water for every person bathing alone or for 
 several children bathing together, and each bather is to have 
 one clean towel. 
 
 The charge for one person alone, over eight years of age, is 
 not to exceed one penny for a cold bath, and twopence for a 
 hot bath. 
 
 In the case of children under eight years of age, and not 
 more than four in number, bathing together, the charge is not 
 to exceed twopence for a cold bath and fourpence for a warm 
 bath. 
 
 The charge for a higher class bath is not to be more than 
 three times the charge for a labouring class bath. 
 
26 DliSTRlCr COUNCILS. 
 
 (b) Wash-houses. — Wash-houses must be supplied with con- 
 veniences for washing and drying clothes. Tlie charge for the 
 use of wash-tubs, drying convenience.?, &c., is not to exceed one 
 penny, or twopence for two hours together. 
 
 The charges for using the higher class washing conveniences 
 are to be in the same proportion as in the case of the baths. 
 (Schedule to 1847 Act.) 
 
 When establishing a wash-house, which is a place for washing 
 clothes, the couucil may provide it with an open drying-place. 
 (S. 25, B. and W. Act, 1846.) 
 
 In order to recover charges for the use of a wash-house the 
 council's officers can detain clothes brought there to be washed 
 until payment is made ; and if this payment is not made within 
 a week, the clothes can be sold — any surplus from the proceeds 
 of sale being handed over to their owner. (S. 38, B. and W. 
 Act, 1846.) 
 
 Receipts from baths and wash-houses must be applied by the 
 council to defraying the expense of up-keep — any deficiency 
 being payable from the general district fund. (S. 13, B. and 
 W. Act, 1878.) 
 
 When baths or wash-houses after being established for seven 
 years are considered by the council to be unnecessary or too 
 expensive, the council, if the L. Gr. B. consents, can sell them. 
 (S. 32, B. and W. Act, 1846.) 
 
 Bathing. 
 
 An urban council (and a rural council if invested by the 
 L. Gr. B. with the necessary powers) can make bye-laws — 
 
 (a) for fixing the stands of the bathing-machines and the 
 
 limits within which persons of each sex shall bathe ; 
 
 (b) for preventing indecent exposure ; 
 
 (c) for regulating the manner in which the machines shall be 
 
 used and the charges to be made for their use ; 
 
 (d) for regulating the distance at which pleasure boats shall 
 
 keep from persons bathing within the prescribed limits. 
 (S. 171, P. H. Act, 1875, incorporating s. 69, Towns 
 Police Clauses Act, 1847.) 
 
BATHING. 27 
 
 M.£. — The fact that part of a beach is private property will 
 not prevent the council from making bye-laws with regard to it 
 if it is used as a public bathing-place. {Parker v. Ckgg (1903), 
 2 L. G. 11. 608.) 
 
 A bj'e-law which fixed the charge for the towels and costume 
 which a bathing-machine proprietor had to supply to the bathers 
 was held to be ultra vires. " The power of making bye-laws 
 ' for regulating the manner in which bathing-machines shall be 
 used, and the charges for the same,' clearly does not include a 
 power to regulate the charges for things quite different from 
 bathing-machines." {Per Wills, J., in Parker v. Clegg.) 
 
 In districts to which Part X. P. H. Act, 1907, has been 
 applied by the L. G. B. the council have additional powers with 
 respect to bathing-places : — 
 
 Bye-laws may be made with regard to any public bathing, 
 whether from bathing-machines or not, for any of the purposes 
 mentioned in s. 69, Towns Police Clauses Act, 1847, supra. 
 
 Bye-laws may also be made for regulating the hours of 
 bathing and for enforcing the provision and maintenance of 
 life-saving apparatus or other means of protecting bathers from 
 danger by persons providing accommodation for public bathing. 
 (S. 92, P. H. Act, 1907.) 
 
 The council may, if they think fit, provide at any place in 
 their district which abuts on the sea or on a river, bathing-sheds 
 or other conveniences with all necessary appliances, and may 
 charge for the use of these things. (S. 92, P. H. Act, 1907.) 
 
 The council may provide and maintain life-saving appliances 
 at any place in their district where they think those apj)liances 
 are likely to be of use. (S. 93, P. H. Act, 1907.) 
 
 Borrowing. 
 
 The sanction of the L. Gr. B. is necessary for a loan raised by 
 a district council. The council can borrow money for defraying 
 expenses which have been incurred, or which are to be incurred, 
 by them in carrying out their powers, or for the purpose of 
 discharging loans. The money can be borrowed on the credit 
 of the district funds or rates. 
 
28 DISTRICT COUNCILS. 
 
 In the case of a loan raised by a rural district council, if the 
 money borrowed is to be applied to the *' general " expenses of 
 the council, it must be borrowed on the credit of the common 
 fund out of which those expenses are payable; if it is to be 
 applied to " special " expenses, then the loan must be on the 
 credit of the rate or rates out of which the " special " expenses 
 of the council are defrayed. (S. 233, P. H. Act, 1875.) 
 
 No part of the fund devoted to " general " expenses can be 
 applied to " special " expenses, or vice versa. {Jersey v. Uxbridge 
 R. S. A., (1891) 3 Ch. 183 ; 60 L. J. Ch. 833.) 
 
 For securing repayment of a loan the council can mortgage 
 any fund or rate to the person from whom the money is 
 borrowed. (S. 233, P. H. Act, 1875.) 
 
 The Public Works Loans Commissioners may, on the appli- 
 cation of a district council, and on the recommendation of the 
 L. G-. B., lend money (ss. 242 and 243, P. H. Act, 1875) for 
 the purpose of any works which the council are authorized to 
 execute. (Public Works Loans Act, 1896.) This loan may be 
 made on the security of a district fund or rate (s. 242), though 
 the Commissioners can require further security in the form of a 
 mortgage of the council's property or of a rate. (S. 12, 
 P. W. L. Act, 1875.) 
 
 The L. Gr. B. must determine the time in which a loan from 
 the Public Works Commissioners shall be repaid by the council, 
 but this period must not exceed 50 years. (S. 243, P. H. Act, 
 1875.) The interest payable on such loans has been settled by 
 the Treasury under the powers given by the P. W. L. Act, 
 1897. These rates have been fixed as follows : — 
 
 3 J p.c. p.a. when the period of repayment 
 
 does not exceed . . . . .20 years. 
 3f p.c. p.a. when the period of repayment 
 
 does not exceed . . . . .30 years. 
 
 4 p.c. p.a. when the period of repayment 
 
 does not exceed . . . . .40 years. 
 4^ p.c. p.a. when the period of repayment 
 
 does not exceed 50 years. 
 
 The first instalment of a loan from the Public Works Loans 
 
BORROWING. 29 
 
 Commissioners must be repaid within five years from the date 
 of its advance. (S. 11, P. W. L. Act, 1875.) 
 
 (i) Money can only he borrowed for permanent works. This 
 includes works of which the cost, in the opinion of the L. Gr. B., 
 ought to be spread over a number of 3'^ ears. 
 
 (ii) The sum borrowed must not, with the balances of any 
 outstanding loans, exceed the whole assessable value for two 
 years of the district. 
 
 (iii) When the sum proposed to be borrowed will, with such 
 balances (if any), exceed one year's assessable value of the dis- 
 trict, the L. G. B. cannot sanction the borrowing until after an 
 L. G. B. inquiry. 
 
 N.B. — The limitations in (ii) and (iii) do not apply to money 
 borrowed by the council for the purpose of the Housing of the 
 Working Classes Acts. 
 
 (iv) The money may be borrowed for such time as the council, 
 with the sanction of the L. G. B., in each case determine, but 
 this time must not exceed sixty years. 
 
 N.B. — In the case of a loan from the Public Works Loans 
 Commissioners the time limit is fifty years. (S. 243, P. H. Act, 
 1875.) The maximum period for housing purposes is eighty 
 years. (See " Housing," p. 205.) 
 
 The loan must be repaid, subject to the agreement under 
 which it was advanced, either by equal annual instalments of 
 principal, or principal and interest, or by means of a sinking 
 fund, which, with the accumulations of compound interest from 
 the investment of such sinking fund in Government securities, 
 will be sufficient to pay off the loan within the period sanc- 
 tioned. 
 
 (v) The council may at any time (e.g., before the period for 
 repayment of the loan expires) apply the whole or any part of 
 the money set apart as a sinking fund to repayment of a loan. 
 But they must in this case continue to pay into the sinking 
 fund each year and accumulate, until the whole of the loan has 
 been discharged, a sum equivalent to the interest that would 
 have been produced by the sinking fund or the part of it which 
 has been paid out to the creditors. 
 
 (vi) Where money is boiTowed to pay off a previous loan, the 
 
30 DISTRICT COUNCILS. 
 
 time in which the repayment of the second loan is to be made must 
 not, without the sanction of the L. Gr. B., extend beyond the 
 unexpired portion of the period for which the first loan was 
 sanctioned. In no case must it be extended beyond the period 
 of sixty years from the date of the first loan. 
 
 When an urban council have borrowed money for defraying 
 private improvement expenses, or expenses in respect of which 
 they have determined a part only of the district to be liable — 
 {N.B. Under s. 211, sub-s. 4, P. H. Act, 1875, an urban council 
 can divide the district or any street in it into parts for any of 
 the purposes of the Act) — they must repay the loan either out 
 of private improvement rates or on a rate levied on the particular 
 part of the district. (S. 234, P. H. Act, 1875.) 
 
 A district council possessed of lands or works for sewage 
 disposal purposes can borrow money on the credit of that land 
 and plant, and can mortgage the property to the person 
 advancing the money. The power to borrow given by this 
 section to a council is, when the sums borrotved do not exceed three- 
 fourths of the purchase-money of the lands, a distinct power from 
 and in addition to the general borrowing powers conferred on a 
 council by ss. 233, 234 and 242. The interest on moneys 
 borrowed in pursuance of this section may be paid by the council 
 out of the rates. (S. 235, P. H. Act, 1875.) 
 
 N.B. — The effect of this section is to give a district council a 
 free and unrestricted right to raise a loan on the security of 
 sewage land if, and only if, the loan does not exceed in amount 
 three-fourths of the price paid by the council for the land. 
 Should the loan exceed that value, then the requirements of 
 ss. 233 and 234, supra, will have to be complied with. 
 
 An urban district council which have adopted Part V. of tlie 
 P. H. Act, 1890, and which have obtained a consent order of 
 the L. Gr. B., can raise money by the issue of stock. The 
 creation, issue, dealing with, and redemption of stock must be 
 in accordance with the regulations of the L. Gr. B. (S. 52, 
 P. H. Act, 1890.) 
 
 Stock Eegulations, 1891, 1897 and 1901, have been made by 
 the L. G. B. 
 
 The resolution of the council that stock be created must be in 
 the form of Schedule A. of the Stock Eegulations, 1891. 
 
BORROWING. 31 
 
 When a district council propose to issue stock tliey must, 
 before the igsue of it, deliver to the Inland Revenue Commis- 
 sioners a statement of the amount to be secured by the issue. 
 This statement must be charged with an ad valorem stamp duty 
 of half-a-crown for every 100/. and any fraction of 100/. over 
 any multiple of 100/. (S. 8, Finance Act, 1899.) 
 
 A mortgage which the council can make must be in the form 
 of a deed and must be sealed with the seal of the council. It 
 may be in the form contained in Form K. of Schedule IV. of the 
 Act or to the like effect. (S. 236, P. H. Act, 1875.) 
 
 A register of mortgages on each rate must be kept by the 
 council, and within fourteen days after the date of a mortgage 
 an entry must be made in the register of its number and date, 
 and of the names and description of the parties to it, as stated 
 in the deed. This register must be open to inspection free of 
 charge. (S. 237, P. H. Act, 1875.) 
 
 A mortgage may be transferred. A form of transfer is con- 
 tained in Form I. of Schedule IV. The council must keep a 
 register of transfers. The council's clerk must enter the transfer 
 in the register on the deed of transfer being produced to him, 
 and on payment of a fee not exceeding five shillings. Until a 
 transfer is entered in the register the council will not be in any 
 manner responsible to the transferee. There is a 20/. penalty on 
 the clerk neglecting to enter a transfer in the register. The 
 entry must be made within thirty days after the deed of transfer 
 has been executed ; but if the deed is executed outside the 
 United Kingdom the entry must be made within thirty days 
 aftfr its arrival in the United Kingdom. (S. 238, P. 11. Act, 
 1875.) 
 
 If the money due on' the mortgage is not paid after six 
 months from the date it becomes payable, and a written demand 
 has been made for payment, a mortgagee can apply to a Court 
 of Summary Jurisdiction to appoint a receiver. No such appli- 
 cation, however, can be entertained unless the suras due to the 
 applicant (or applicants) amount to 1,000/. 
 
 Jf a receiver is appointed the rates mortgaged or a part of 
 them sufficient to discbarge the debt must be paid to him. 
 (S. 239, P. U. Act, 1875.) 
 
3'2 DISTRICT COUNCILS. 
 
 The district council can gi-ant a yearly rent-charge on 
 premises to a person who has advanced money in respect of 
 expenses in relation to those premises, which expenses have been 
 or which may be declared by the council to be private improve- 
 ment expenses. But before granting this rent-charge the 
 council must be satisfied {e.g., on the report of their surveyor) 
 that the money advanced has been duly expended. Form K of 
 Schedule IV. of the P. H. Act, 1875, prescribes a form of rent- 
 charge. 
 
 The grantee of the rent-charge can enforce payment by 
 levying a distress on the premises. The rent-charge begins to 
 accrue from the day of the completion of the works on which 
 the money advanced has been expended. It must be payable 
 by equal half-yearly instalments for such a term, not exceeding 
 thirty years, that the sum advanced, together with the costs of 
 preparing the grant, will be repaid at the end of the term. 
 (S. 240, P. H. Act, 1875.) 
 
 Rent-charges and transfers of them must be registered in the 
 same manner as mortgages are required to be registered. (S. 241, 
 P. H. Act, 1875.) 
 
 Buildings. 
 
 Building Bye-laws. 
 
 An urban council (and a rural council if so empowered by the 
 L. G. B.) can make bye-laws with respect to : — 
 
 (i) The level, width, and construction of new streets and the 
 provision of the sewerage of them. (S. 157, P. H. 
 Act, 1875.) 
 
 The words " with respect to the level, width, and construction 
 of new streets " include the construction of the buildings, and 
 the buildings themselves and front gardens or whatever else is 
 at the side of the roadway. {Per Bramwell, L. J., Baker v. 
 Mayor of Portsmouth (1878), 3 Ex. D. 157 ; 47 L. J. Ex. 2-^3.) 
 
 A bye-law which requires the entrance to a proposed new street 
 to be of equal width with the rest of the new street is valid. 
 {Hendon L. B. v. Pounce (1889), 42 Ch. D. 602 ; Barton Regis 
 R. D. C. V. Stevens (189(i), 12 T. L. R. 317.) If the building 
 owner's proposed plans for constructing a new street do not 
 admit of the width of the street being in accordance with the 
 
BUILDINGS. 33 
 
 bye-laws, he must alter his scheme of development so as to he 
 in accordance with them. (See judgment of Pollock, B., in the 
 last-mentioned ease.) 
 
 As to the council's power in fixing the position and length of 
 new street?, see p. 37. 
 
 Passages intended primarily to give access to privies at the 
 backs of houses may be " streets." {R. v. Goolc L. B. (1891), 
 L. E. 2 Q. B. 212 ; 63 L. J. U. B. 617.) 
 
 See also as to validity of bye-laws governing new streets, 
 Bye-laws, p. 62. 
 
 (ii) The structure of walls, foundations, roofs, chimneys of 
 new buildings, for securing stability, for preventing 
 fire, and for purposes of health. (S. 157, P. H. Act, 
 1875.) 
 
 A district council, urban or rural, in whose district s. 24 
 of Part II., P. H. Act, 1907, is in force, can make bye-laws 
 with respect to — (a) the height of chimneys of buildings and 
 the height of buildings, and (b) the structure of chimney shafts 
 for the furnaces of steam engines, breweries, distilleries, or 
 manufactories. 
 
 The erection of a "new building" takes place on the re- 
 erection of a building which has been pulled down to or below 
 the ground floor, or on the re-erection of a frame building of 
 which only the framework is left down to the ground floor, or 
 on the conversion into a dwelling-house of a building not 
 originally constructed for human habitation, or on the con- 
 version into more than one dwelling-house of a building 
 originally constructed as one dwelling-house only. (S. 159, 
 P. H. Act, 1875.) 
 
 In proceedings relating to the erection of buildings it is open 
 to the Court to decide whether something which cannot be 
 brought within any of the above specific descriptions, is or is 
 not a " new " building. [Redruth Brcicenj Co. v.' Redruth 
 U. D. C. (1904), 3 L. a. R. 130.) 
 
 "Wooden hoardings erected for advertisement purposes are not 
 " buildings." (Slaughfci' v. Mayor of Sunderland (1891), 60 
 L. J. M. C. 91.) 
 
 A wooden structure 10 ft. long, 8 ft. broad and 10 ft. high, 
 
 c. D 
 
34 DISTKICT COUNCILS. 
 
 used as a shelter for a weighing machine, and a similar structure 
 of almost similar dimensions used as a tea-booth, have been held 
 not to be " buildings." {Southend Corporation v. Archer (1901), 
 70 L. J. K. B. 328.) 
 
 But the definition of a " new building " contained in s. 23, 
 P. H. Act, 1907, will apply in those districts where this section 
 is in force. This section enacts that for the purposes of the 
 P. H. Acts and any bye-laws made under them, each of the 
 following operations is to be deemed to be the erection of a new 
 building : — 
 
 (a) The re-erection, wholly or partially, of any building of 
 
 which an outer wall is pulled down or burnt down to 
 or within 10 ft. of the surface of the ground adjoining 
 the lowest storey of the building, and of any frame 
 building so far pulled down or burnt down as to leave 
 only the framework of the lowest storey ; 
 
 (b) The conversion into a dwelling-house of any building not 
 
 originally constructed for human habitation, or the 
 conversion into more than one dwelling-house of a 
 building originally constructed as one dwelling-house 
 only; 
 
 (c) The re-conversion into a dwelling-house of any building 
 
 which has been discontinued as or appropriated for 
 any purpose other than that of a dwelling-house ; 
 
 (d) The making of any addition to an existing building by 
 
 raising any part of the roof, by altering a wall, or 
 making any projection from the building, but so far 
 as regards the addition only {N.B. — The addition is 
 to be deemed the new building) ; and 
 
 (e) The roofing or covering over of an open space between 
 
 walls or buildings. 
 
 Bye-laws may also be made with respect to : — 
 
 (iii) The sufficiency of the space about buildings to secure a 
 free circulation of air, and with respect to the ventila- 
 tion of the buildings. (S. 157, P. H. Act, 1875.) 
 
 (iv) The drainage of buildings; the closets, privies, ash-pits 
 and cess-pools in connection with them ; the closing of 
 
BUILDINGS. 35 
 
 buildings unfit for human habitation. (S. 157, P. H. 
 
 Act, 1875.) 
 
 In districts where Part III. of the P. H. Act, 1890, is in 
 force bye-laws may be made with respect to — 
 
 (v) The keeping of water-closets with a sufficient supply of 
 
 water for flushing ; 
 (vi) The structure of floors, hearths, and staircases, and the 
 
 height of rooms intended for human habitation ; 
 (vii) The paving of yards and open spaces used in connection 
 
 with dwelling-houses ; 
 (viii) The provision in the laying out of new streets of secondary 
 means of access, where necessary, for the purpose of 
 the removal of house refuse and other matter. (S. 23, 
 sub-s. 1, P. H. Act, 1890.) 
 N.B. — A rural council which have adopted Part III. of the 
 Act can make bye-laws with respect to the matters referred to 
 in (iii), (iv), (v), (vi), supra (s. 23, sub-s. 3, P. H. Act, 1890), 
 but not with respect to the matters referred to in (vii) and (viii), 
 these two paragraphs not being applicable to rural districts 
 (s. 50, P. H. Act, 1890), though, of course, the L. Gr. B. may 
 by Order empower the council to make bye-laws with regard to 
 these matters also. 
 
 (ix) Any district council which have adopted Part III. of 
 the P. H. Act, 1890, can make bye-laws to prevent 
 buildings which have been erected in accordance with 
 the bye-laws from being altered in such a way that, if 
 at first so constructed, they would have contravened 
 the bye-laws. (S. 23, sub-s. 4, P. H. Act, 1890.) 
 
 Unless the bye-laws expressly state that they are to have a 
 retrospective operation, they will not apply to buildings begun 
 before the bye-laws came into force. {Hubbard v. Bromley 
 R. D. C. (1905), 69 J. P. 437.) 
 
 An urban council which have adopted Part III. of the P. II. 
 Act, 1890, can make their bye-laws with respect to the matters 
 referred to in (iv) and (v), aupra, apply to " old " buildings, i.e., 
 to buildings which were in existence before the bye-laws (s. 23, 
 sub-s. 2, P. H. Act, 1890) ; and a rural council which have been 
 
 d2 
 
36 DISTRICT COUNCILS. 
 
 invested with an urban council's powers under s. 157, P. H. 
 Act, 1875, by L. G. B. order can do likewise. {Simmons v. 
 Mailing M. D. C, (1897) 2 Q. B. 433 ; 66 L. J. U. B. 585.) 
 
 The provisions of s. 157, P. H. Act, 1875, do not apply to 
 buildings belonging to railway companies and used for the pur- 
 poses of the railway (s. 157, P. H. Act, 1875) ; but they apply 
 to buildings erected by any other corporate body under statutory 
 powers unless there is an inconsistency between the company's 
 special Act and the P. H. Act, 1875. ( Uckfield R. D. C. v. 
 Crowborough Water Co., (1899) 2 Q. B. 664 ; 68 L. J. Q. B. 
 1009.) — In this case the company, authorized by a special Act 
 to build a water-tower, was held not on that account to be 
 exempt from depositing plans with the district council of the 
 intended building in accordance with the council's bye-laws. 
 
 Buildings (other than dwelling-houses) of railway companies 
 and public bodies authorized to maintain harbours, piers or 
 docks, and of canal owners are exempt from Part II. of the 
 P. H. Act, 1907. (S. 33, P. H. Act, 1907.) 
 
 Building Plans. 
 
 The district council can make provision in their bye-laws 
 respecting buildings for the giving of notice and the deposit of 
 plans and sections by persons intending to construct new build- 
 ings or to lay out new streets, and also for the inspection of the 
 work by the council. (S. 157, P. H. Act, 1875.) 
 
 The deposit of plans in pursuance of any bye-law may, by 
 notice in writing to the depositor, be declared by the district 
 council to be of no effect if the work to which the plans relate 
 is not commenced : — (i) As to plans deposited before s. 15 of 
 the P. H. Act, 1907, comes into force in the district, within 
 three years of the date when it comes into force; (ii) as to 
 plans deposited after the section comes into force, within three 
 years from the date of the deposit. 
 
 When the deposit has been declared to be of no effect, a fresh 
 deposit of plans must be made before the work can be begun. 
 
 The council must give notice of the provisions of this section 
 to every person intending to lay out a new street or to erect a 
 new building in relation to which plans have been deposited 
 before the section came into force in the district, but in respect 
 of which work has not begun before this section comes into 
 
BUILDINGS. 37 
 
 force. A similar notice must be attached to the approval of 
 plans deposited subsequent to this section coming into force. 
 (S. 15, P. H. Act, 1907.) 
 
 The district council can retain anj drawings, plans, specifica- 
 tions, &c. deposited with and approved by them. (S. 16, 
 P. H. Act, 1907.) 
 
 N.B.—Ss. 15 and 16 of the P. H. Act, 1907, are only in 
 force when they or the whole of Part II. of the Act have, on 
 the application of the council, been declared to apply to the 
 district by order of the L. G. B. (S. 3, P. H. Act, 1907.) 
 
 On the deposit of a plan and sections of a new street in 
 pursuance of a bye-law the council may by order vary the 
 intended position, direction or termination, or level of the new 
 street so far as is necessary to secure more direct, easier or more 
 convenient means of communication with any other street or 
 intended street, or for the purpose of securing an adequate 
 opening at either end of the new street, or to secure compliance 
 with any enactment or bye-law in force in the district for the 
 regulation of streets and buildings. 
 
 The council may also by their order fix the points at which 
 the new street shall be deemed to begin or end, and the limits 
 so fixed shall have effect for the purposes of the P. H. Acts, and 
 any bye-laws in force in the district. (S. 17, sub-s. 1, P. H. 
 Act, 1907.) 
 
 The council cannot exercise their powers under this section if 
 it is shown to their satisfaction that compliance with their order 
 will entail the purchase of additional lands by the owner of the 
 lands on which the new street is intended to be laid out, or the 
 execution of works elsewhere than on those lands. (S. 17, 
 sub-s. 2.) 
 
 Where the council make an order under this section the new 
 street must be laid out or constructed in compliance with the 
 order, and a contravention of the order involves a penalty of 5/. 
 and a daily penalty of 40s. (8. 17, sub-s. 3.) 
 
 The council must pay compensation to any person injuriously 
 affected by the exercise of their powers under this section. 
 (S. 17, 8ub-8. 4.) This compensation is to be determined in the 
 manner provided by s. 308, P. H. Act, 1875. (S. 10, P. H. 
 Act, 1907 ; and see p. 18.) 
 
38 DISTRICT COUNCILS. 
 
 There is an appeal to Quarter Sessions from an order hj the 
 district council under this s. 17. (S. 7, P. H. Act, 1907.) 
 
 J^.B. — S. 17 only applies in districts where it or Part II. 
 of the Act is in force. 
 
 As regards the question of what constitutes a laying out or 
 construction of a new street, in a case where the owner of lands 
 which were separated from the higliway by a hedge had erected 
 houses on those lands, and had made the necessary openings in 
 the hedge so as to provide means of entrance to and exit from 
 the houses that were being built — it was held that this did not 
 amount to the laying out of a new street. {Bcvonport Corpora- 
 tion V. Tozer, (1903) 1 Ch. 759; 72 L. J. Ch. 411.) There 
 must be a physical laying out of a street, not what might be 
 called a metaphorical laying out. (See judgment of Eomer, L. J., 
 ibidem.) 
 
 The council, on the deposit of plans being made, may require 
 the comer of any building intended to be erected at the corner 
 of two streets to be rounded off or splayed off to the height of 
 the first storey or to the full height of the building, and to such 
 extent otherwise {e.g. laterally) as they may determine. 
 
 Compensation must be paid for any loss sustained by reason 
 of the council exercising their powers under this section. (S. 22, 
 P. H. Act, 1907.) 
 
 N.B. — There is an appeal to Quarter Sessions against the 
 council's requirement (s. 7, P. H. Act, 1907) ; and the section 
 is in force only if it is made applicable to the district by L. G. B. 
 Order. 
 
 "Within one month after the deposit of a plan by a person 
 intending to erect a new building, the council, where there are a 
 sufficient water supply and sewer, may by written notice to that 
 person require the new building to be provided with such 
 number of proper and sufficient water-closets and slop- closets, 
 or with such one or more of either class of closet as the circum- 
 stances of the case may render necessary. There is a penalty 
 of 5/. and a daily penalty of 40s. for non-compliance with the 
 council's requisition. (S. 39, sub-s. 2, P. H. Act, 1907.) 
 
 A person can, however, appeal to a Court of summary juris- 
 diction against the council's requisition within fourteen days 
 
BUILDINGS. 39 
 
 after receiving notice of the council's requirement. (S. 42, 
 P. H. Act, 1907.) 
 
 The expression " a sufficient water supply and sewer " means 
 a water supply and a sewer which are sulBficient and reasonably 
 available for use in the efficient flushing and the efficient 
 removal of excreta from the closets which council have required 
 to be provided in the particular cases. 
 
 "Water-closet" and " slop- closet " mean closet accommodation 
 used in connection with the water carriage system, and having 
 proper communication with a sewer, and having provision for 
 the flushing of the receptacle, in the case of a water-closet, by 
 means of a fresh water supply, and in the case of a slop-closet, 
 by means of slops or waste liquids of the household or rain- 
 water. (S. 39, sub-s. 1, P. H. Act, 1907.) 
 
 N.B—S. 39 is only in force when it or Part III., P. H. 
 Act, 1907, has been applied to the district by L. Gr. B. order ; 
 and, moreover, the council can only exercise their powers under 
 this section in respect of a slop- closet if they have been specially 
 empowered so to do by L. Gr. B. order. (S. 39, sub-s. 5, P. H. 
 Act, 1907.) 
 
 When the bye-laws require the deposit of plans of an 
 intended building work, the council must within one month 
 after the plan has been deposited, i.e., delivered or sent to their 
 surveyor or clerk, signify in writing to the depositor their 
 approval or disapproval of the plan. 
 
 Should the work be begun after such notice of disapproval, or 
 before the expiration of the month without such approval, and 
 if it is in any respect not in conformity Avith the council's bye- 
 laws, the council can have so much of the work as has been 
 executed pulled down. (S. 158, P. II. Act, 1875.) 
 
 But if the council allow the month to elapse without signi- 
 fying their disapproval of the plans, they cannot recover 
 penalties or order the work to be demolished, even thougli it is 
 in contravention of the bye-laws. {Clark v. Bioomjic/d (1885), 
 1 T. L. K. 323.) 
 
 The expenses incurred by the council in connection with the 
 removal of work done contrary to a bye-law can be recovered 
 summarily either from the actual builder or from the person 
 who caused the work to be done. 
 
40 DISTRICT COUNCILS. 
 
 The continuance of any work in such a form as to he in con- 
 travention of a hye-law is a continuing offence, for which a 
 penalty can he imposed hy the council in their hye-laws ; but 
 the enforcement of any penalty is barred after the expiration of 
 one year from the day when the offence or the breach of bye- 
 laws was committed. (S. 158, P. H. Act, 1875.) 
 
 N.B. — S. 158, supra, applies in rural districts when Part III. 
 of the P. H. Act, 1890, has been adopted by the rural district 
 council (s. 23, sub-s. 3, P. H. Act, 1890) ; and also in any 
 district in which s. 24, P. H. Act, 1907 (relating to bye-laws in 
 respect of chimneys), is in force. (S. 24, P. H. Act, 1907.) 
 
 When a district council have honestly exercised their discretion 
 as to approving or disapproving of plans, no action will lie to 
 compel them to come to a different conclusion. [Smith v. 
 Chorleij R. D. C, (1897) 1 Q. B. 678 ; 66 L. J. Q. B. 427.) 
 
 Nor will an action lie to compel the council to approve plans 
 or for damages on account of their refusal to approve, even 
 though it be alleged that the council were actuated by some 
 oblique motive in refusing their approval. {Davis v. Mayor of 
 Bromley, "The Times," Oct. 18th, 1907.) 
 
 But the council will be compelled to approve a plan if it 
 fulfils the requirements of the bye-laws and the council make 
 their approval conditional on the plans showing some works 
 which the intending builder is not required by the bye-laws to 
 do. {R. V. Tynemonth R. JD. C, (1896) 2 Q. B. 451 ; 65 
 L. J. Q. B. 545.) In this case the council had refused to 
 approve plans, which were in accordance with the bye-laws, 
 unless the landowner, who was proposing to develop a building 
 estate, provided in the plans for an outfall sewer beyond the 
 boundary of the estate. 
 
 A builder must not make a substantial departure from the 
 plans approved by the council without first submitting fresh 
 plans. {James v. Masters, (1893) 1 Q. B. 355.) 
 
 A council, by approving of plans, will not thereby be pre- 
 cluded from making new bye-laws which may affect the 
 particular buildings. A local authority approved plans for a 
 terrace of houses. Before all the houses had been erected new 
 building bye-laws came into force in the district. It was held 
 that these new bye-laws applied to the building of those houses 
 
BUILDINGS. 41 
 
 in the terrace which had not then been erected, and, further, 
 that a bye-law which made a reservation in favour of work 
 " commenced " before the date of the confirmation of the new 
 bye-laws did not protect those houses which in fact had not at 
 the time been " commenced." ( W/iite v. Sunderland Corporation 
 (1903), 88 L. T. 592.) 
 
 Before proceeding to pull down a building which has been 
 erected contrary to the bye-laws or in spite of the council's 
 disapproval of plans, the council must give the owner notice of 
 their intention and an opportunity to him to show cause why 
 they should not take so extreme a course. {Hopkins v. Smefh- 
 icick L. B. (1890), 24 Q. B. D. 712 ; 59 L. J. Q. B. 250.) 
 
 The owner of the house, whether he was responsible for its 
 erection or not, is the person against whom the proceedings 
 must be taken for a continuing offence. A builder who, after 
 erecting a house in contravention of the bj^e-laws, sold it, was 
 held not to be the person liable for the continuance of the 
 offence. {Welsh v. West Ham Corporation, (1900) 1 Q. B. 
 324; 69 L.J. Q. B. 114.) 
 
 A building described in a plan deposited with the council, 
 otherwise than as a dwelling-house, must not be used for human 
 habitation except by a caretaker and family. AVith this excep- 
 tion anyone who wilfully uses it, or permits it to be used as a 
 dwelling-place, is liable to a penalty of 5/. and a 40s. daily 
 penalty. (S. 33, sub-s. 1, P. 11. Act, 1890.) 
 
 But it may be so used if it has attached to it, and exclusively 
 belonging to it, an open space as required by any bye-law in 
 the district, and if it has undergone such structural alterations 
 as the council deem necessary to make it fit for the purpose. 
 (S. 33, sub-8. 2, P. H. Act, 1890.) 
 
 N.B. — This section is only in force in districts where Part III. 
 of P. H. Act, 1890, has been adopted by the council. 
 
 Miscellaneous Powers with regard to Buildings. 
 
 In an urban district no building must be erected over a sewer, 
 and no vault, arch or cellar must be built under the carriase- 
 way of a street without the written consent of the council. 
 Besides the penalties prescribed by the section, the offender is 
 
42 DISTRICT COUNCILS. 
 
 liable to have such building demolished by the council at his 
 expense. (S. 26, P. li. Act, 1875.) 
 
 No new building must be erected on ground which has been 
 filled up with offensive matter until the matter has been removed 
 or rendered innocuous. Contravention of this section entails a 
 penalty of 5/. and a daily penalty of 40s. (S. 25, P. H. Act, 
 1890.) 
 
 N.B. — This section is not in force unless Part III. of the Act 
 has been adopted. This section can be adopted by a rui*al 
 council. 
 
 In urban districts cellar-flaps and doors to vaults must be 
 made of such materials as the council direct, and must be kept 
 in good repair by the occupier of the cellar. (S. 160, P. H. Act, 
 1875, incorporating s. 69, Towns Improvement Clauses Act, 
 1847.) Further, in urban districts where Part III. of the 
 P. H. Act, 1890, has been adopted, all vaults, arches and cellars 
 under a street, and all openings into them, and cellar heads, 
 gratings, lights and coal-holes on the surface of the street, and 
 all landings, flags or stones of the path or street supporting 
 them, must be kept in good repair by the owners or occupiers of 
 the cellars or buildings to which they belong. If these persons 
 make default, the council, after giving them twenty-four hours' 
 notice to do any necessary repairs, can do the work and recover the 
 expenses summarily from the owner or occupier. (S. 35, P. H. 
 Act, 1890.) 
 
 N.B. — A rural council cannot adopt this section. (S. 50, 
 P. H. Act, 1890.) 
 
 If a yard in connection with, and exclusively belonging to, 
 a dwelling-house is not so formed, flagged, asphalted or paved, 
 or is not provided with such works on, above or below the surface 
 of the yard, as to allow of the effectual drainage of the sub- 
 soil or surface of the yard to a proper outfall, the council, by 
 notice in writing, can require the owner to do the necessary 
 works within twenty-one days from the notice. Should he fail 
 to complete the execution of such works within that period, the 
 council can execute them, and recover the expenses incurred 
 from the owner summarily as a civil debt. (S. 25, P. H. Act, 
 1907.) 
 
BUILDINGS. 43 
 
 K.B. — The owner can appeal against the council's require- 
 ments to the L. G. B. (S. 7, P. H. Act, 1907.) 
 
 When s. 26 of Part II., P. H. Act, 1907, comes into force in 
 a district, the entrances to any courts must not be closed or 
 narrowed, or otherwise affected by any permanent structure so 
 as to impede the free circulation of air, and the height of such 
 entrances must not be lowered, without the consent of the 
 council. 
 
 This consent maybe made subject to the provision of other 
 sufficient opening or means of access, or of other sufficient 
 means of securing a free circulation of air throughout the court. 
 
 The section does not apply to any court which by reason of 
 its situation, use, architectural features, or other characteristics 
 is, either wholly or in part, necessary for, or ancillary to, the 
 ornament or amenity of any lands or premises. 
 
 An offender against this section is liable to a penalty of 51. 
 and a daily penalty of 208. (S. 26, P. H. Act, 1907.) 
 
 JV.B. — Neither of the above sections will be in force until 
 applied by L. Gr. B. order to a district. 
 
 An urban council can give notice to the owner or ocoupier 
 of a house or building to remove or alter any porch, projecting 
 window, step, sign, shutter, gate, fence or other projection 
 from a house which is an obstruction to the safe and convenient 
 passage along the street. 
 
 In the case of such obstructions which came into existence 
 since the P. H. Act, 1875, or any local Act incorporating 
 the Towns Improvement Clauses Act, 1847, came into force, 
 fourteen days' notice to remove must be given ; and if the 
 notice is not obeyed, the council can effect the work and 
 recover the expense as a debt from the person on whom the 
 notice was served, who, in addition, is liable to a 40s. penalty. 
 
 In the case of such obstructions which were in existence 
 before the above Acts came into force, thirty days' notice must 
 be given, and the council must make compensation to the 
 owner or occupier for the removal of the particular projection. 
 
 The council can direct the owner or occupier to alter doors 
 or gates which open outwards if they obstruct the public way, 
 and can order water-spouts to be fixed to buildings so that 
 
44 DISTKICT COUNCILS. 
 
 the water may not flow from the buildings on to the streets. 
 (S. 160, P. H. Act, 1875, incorporating ss. 70-74, Towns 
 Improvement Clauses Act, 1847.) 
 
 H.B. — The L. G. B. can invest a rural council with similar 
 powers. 
 
 In an urhan district, when a house or building or its front in 
 a street has been taken down that it may be rebuilt or altered, 
 the council can prescribe the line in which the new erection shall 
 be built. 
 
 The council must pay compensation to the owner for any loss 
 he may have sustained by reason of his house being set back or 
 brought forward. The amount, in case of dispute, is to be 
 settled by arbitration as provided by this Act. (S. 155, P. H. 
 Act, 1875.) 
 
 A tradesman who took out part of the front of the ground 
 floor and first floor of a three-storied building to improve his 
 shop was held not to have " taken down " the house or its front. 
 {A.-G. V. Rafc/i, (1893) 3 Ch. D. 36 ; 62 L. J. Ch. 857.) 
 
 In an urban district it is unlawful, without the written con- 
 sent of the council, to erect or to bring forward a house or 
 building beyond the front main wall of the house or building 
 on either side of it in the same street. 
 
 An offender against this enactment is liable to a penalty of 
 40s. for every day the offence is continued, after written notice 
 to that effect from the council (s. 3, Buildings in Streets Act, 
 1888) ; and if in spite of a conviction and fine under this section 
 he persists in keeping up the unlawful building, he may be 
 compelled by injunction to remove it. (A.-G. v. Wimbledon 
 House Estate Co., (1904) 2 Ch. 34 ; 73 L. J. Ch. 593.) 
 
 A photographer's show case, which was over 9 ft. long, 7 ft. 
 high, and sunk into the ground, was held to be a "building " 
 which could not be brought forward beyond the building line. 
 {Leicester Corporation v. Broicn (1893), 62 L. J. M. C. 22.) 
 
 A person who has purchased a building which somebody else 
 has erected beyond the building line, even though he allows it 
 to so continue after receiving notice from the local authority, is 
 • not the person offending who is liable to the penalty. {Black- 
 pool Corporation v. Johnson, (1902) 1 K. B. 646 ; 71 L. J. K. B. 
 485.) 
 
BUILDINGS. 45 
 
 A corner house has a " front main wall " in both streets, 
 [Leyton L. B. v. Causton (1893), 9 T. L. E. 180.) 
 
 Two owners of building plots, 300 ft. apart, on the same side 
 of a street, sent in building plans for the local authority's 
 approval. There were no buildings in existence on this side of 
 the street. B.'s plan showed that the house he proposed to 
 build was set back 12 ft. from the roadway. H.'s plan for his 
 proposed house showed a set back of 6 ft. B.'s plan was 
 approved ; H.'s plan disapproved. B. began to build, and 
 when his front main wall was 5 ins. above the level of the 
 foundations, but below the level of the street, H. began to build 
 the front main wall of his house in accordance with his plan, 
 which had been disapproved. The local authority proceeded 
 against H. under s. 3 of this Act. It was held that there was 
 no " front main wall of a house or building " within the mean- 
 ing of the Act on B.'s plot. The Court also expressed the 
 opinion that " house or building on either side " means a house 
 or building within some degree of proximity, and not one stand- 
 ing a considerable distance away. {Ravensthorpe L. B. v. Hinch- 
 cliffe (1889), 24 Q. B. D. 168 ; 59 L. J. M. 0. 19.) 
 
 N.B. — The above enactments (s. 155, P. H. Act, 1875, and 
 the 1888 Act) only apply in rural districts when the council 
 have been invested by the L. Gr. B. with the necessary powers. 
 
 A building or wall, or anything fixed to it, which, in the 
 opinion of the council's surveyor, is in a ruinous state and dan- 
 gerous to passengers in the street or to the occupiers of neigh- 
 bouring buildings, can be dealt with as follows : — 
 
 The surveyor must put up a hoarding, if necessary, for the 
 protection of passers-by, and must serve a notice on the owner 
 if he can be found, or, failing that, on the occupier, requiring 
 him to pull down the dangerous building or to make it secure. 
 
 The notice must be served personally, or by fixing it on 
 some conspicuous part of the building. 
 
 If three days after service of this notice the work required 
 by it has not been begun, the surveyor can make complaint 
 before two justices, who can order the owner or occupier to do 
 the necessary work within a fixed time. 
 
 If default is made, the district council can do the work and 
 can recover their expenses, including the expense of erecting the 
 
46 DISTRICT COUNCILS. 
 
 hoarding [Usk U, D. C. v. Mortimer (1903), 20 T. L. E. 96), 
 from the owner. Or the council can sell the materials, and 
 any surplus from the proceeds of the sale, after deducting their 
 expenses, must be handed to the owner. (S, 160, P. H. Act, 
 1875, incorporating ss. 75 — 78, Towns Improvement Clauses 
 Act, 1847.) 
 
 !{.£. — ^A rural council must be invested by the L. G. B. with 
 the necessary powers before this section can be applied to such 
 buildings in a rural district. 
 
 In districts where s. 30 of Part II., P. H. Act, 1907, is in 
 force the following provisions apply to dangerous places fronting 
 or abutting on streets or public footpaths : — 
 
 If in any situation fronting, adjoining, or abutting on any 
 street or public footpath, any building, wall, fence, steps, struc- 
 ture, or other thing, or any well, excavation, reservoir, pond, 
 stream, dam or bank is, for want of sufficient repair, protection, or 
 enclosure dangerous to persons using the street or footpath, the 
 council can, by notice in writing served upon the owner, require 
 him within a specified period to repair, remove, protect or enclose 
 it so as to prevent danger therefrom. 
 
 If the owner neglect to comply with the notice within the 
 prescribed period, the council can have such Avork done as they 
 think proper, and can recover the expense incurred from the 
 owner summarily as a civil debt. (S. 30, P. H. Act, 1907.) 
 
 In urban districts the council when engaged on works in a 
 street must put up protecting bars and lights at night; and 
 when building operations are to be undertaken which will 
 interfere with the use of any foot-path, the builder must put up 
 a hoarding before the work is begun, and a wooden platform 
 and hand-rail for the protection and use of the public. (S. 100, 
 P. H. Act, 1875, incorporating ss. 79-80, Towns Improvement 
 Clauses Act, 1847.) But this s. 80 is replaced by s. 34, P. II. 
 Act, 1890, in those urban districts where Part III. of that Act 
 has been adopted ; with the result that a builder intending to 
 carry out building operations in a street or court must — 
 (a) before making a beginning, unless the council otherwise 
 consent in writing, put up close-boarded hoarding, to the 
 
BUILDINGS. 47 
 
 council's satisfaction, in order to separate the building from the 
 street ; (b) if the council so requii-e, make a convenient covered 
 platform with a hand-rail to serve as a footway for passengers 
 outside the hoarding ; (c) keep the hoarding and covered 
 passage in good condition for such time as the council require ; 
 (d) keep it lighted at night ; and (e) remove it when the council 
 so require. 
 
 There are penalties for non-compliance with the above re- 
 quirements. (S. 34, P. H. Act, 1890.) 
 
 i\r.5. — This section cannot be adopted by a rural council. 
 (S. 50, P. H. Act, 1890.) 
 
 In districts where s. 27 of Part II., P. H. Act, 1907, is in 
 force, before any person erects or sets up a temporary building, 
 he must apply to the district council for permission so to do. 
 
 The application must be accompanied by a plan and sections 
 of the proposed building drawn to scale of not less than 1 in. 
 to every 8 ft., and a block plan, drawn to a convenient scale, 
 showing the intended surroundings and situation of the proposed 
 building, together with a specification describing the materials 
 to be used in the construction, and the purposes for which the 
 building is intended. (Sub-s. 1.) 
 
 The council must within one month after the delivery of the 
 plans and sections and specification signify in writing their 
 approval or disapproval of the building to the person proposing 
 to erect it. (Sub-s. 2.) 
 
 The council may attach to their approval any condit ion which 
 they deem proper with regard to the sanitary arrangements of 
 the building, the ingress thereto and the egress therefrom, 
 protection against fire, and the period during wliich the building 
 is to be allowed to stand. (Sub-s. 3.) 
 
 If such a building is begun or erected without the appli- 
 cation, &c., to the council as required by sub-s. 1, supra, or after 
 the disapproval of the council, or before the expiration of one 
 month without their approval, or is in any respect not in 
 confonnity with any condition attached by the council to their 
 approval, the person who set it up, or if the building is not 
 removed within the period allowed by the council for it to stand, 
 the owner of it is liable to a penalty and a daily penalty of 40s. 
 Moreover, the council can have the building removed, and can 
 
48 DISTRICT COUKCILS. 
 
 recover any expense incurred in so doing summarily as a civil 
 debt either from the owner or the person erecting it. (Sub-s. 4.) 
 
 "When the council remove such a building they can sell the 
 materials and apply the proceeds to the payment of their 
 expenses, handing over the surplus to the owner of the building. 
 (Siib-s. 5.) 
 
 This section does not apply (a) to buildings expressly exempt 
 from the operation of the P. H. Acts or any bye-laws made 
 under those Acts, e.g., buildings of railway and other companies 
 (see s. 157, P. H. Act, 1875 ; s. 33, P. II. Act, 1907) ; (b) to 
 any building erected to protect or to prevent the acquisition of 
 rights to light ; (c) to any temporary building set up as part of 
 the plant {e.g., scaffolding) to be used in connection with the 
 construction, alteration or repair of any building or other work ; 
 but so far as regards only so mueli of this section as relates to 
 plans, sections and specifications. (S. 27, sub-s. 6, P. H. Act, 
 1907.) 
 
 This last paragraph makes it necessary for a builder to get 
 the council's permission to erect scaffolding (for example), but 
 his application need not be accompanied with the plans, &c., 
 referred to in sub-s. 1 , supra. 
 
 Every building in an urban district which, after the adoption 
 by the council of Part III., P. H. Act, 1890, is used as a place 
 of public resort (for exceptions, see p. 49, infra), must be, to 
 the council's satisfaction, substantially constructed, and supplied 
 with ample and convenient means of ingress and egress for the 
 use of the public, regard being had for the purposes for which 
 the buildiog is intended to be used and for the number of 
 persons likely to be assembled there at one time. 
 
 The means of ingress and egress must, during the whole time 
 the building is used as a place of public resort, be kept unob- 
 structed to such extent as the council require. 
 
 An officer of the council may, on producing his authority, 
 enter the building at all reasonable times to see that these 
 provisions are carried into effect. 
 
 The occupier or manager, or, in the case of a building let 
 for a period of less than a year, the owner, is liable to a penalty 
 of 20/. if he fails to comply with the provisions of this section. 
 But in the ease of any alteration in the buUding being necessary 
 
BUILDINGS. 49 
 
 in order to give proper means of ingress and egress, the Court 
 may refuse to impose a penalty until a reasonable time has been 
 allowed for making the alteration. 
 
 " Place of public resort " includes a church, chapel, or other 
 place of public worship, a theatre, public hall, ball-room, lecture- 
 room, or any public place of assembly for persons admitted to it 
 by tickets or payment, or used or constructed for any public 
 pm*pose. 
 
 Private dwelling-houses used occasionally for these purposes 
 are excepted, and the section does not apply to a church or 
 other place of public worship used as such, before Part III. of 
 this Act was adopted in the district. (S. 36, P. H. Act, 1890.) 
 
 N.B. — This section cannot be adopted by a rural council. 
 (S. 50, P. H. Act, 1890.) 
 
 Eoofs of buildings, platforms, balconies and other structures 
 intended to be used to accommodate a number of persons on the 
 occasion of any entertainment, public procession, open-air 
 meeting, etc., must be safely constructed or secured to the 
 satisfaction of the council's surveyor. 
 
 There is a penalty of 50/. for using or allowing to be used a 
 structure, etc., which has not been approved by the surveyor for 
 the purpose. (S. 37, P. H. Act, 1890.) 
 
 N.B. — This section cannot be adopted by a rural council. 
 (S. 50, P. H. Act, 1890.) 
 
 A person must not use any hoarding or similar structure 
 which is in, or abuts on, or adjoins any street, for any purpose, 
 unless it is securely fixed to the satisfaction of the councU. 
 There is a penalty of 5/., and a daily penalty of 20s. for a 
 contravention of this section. (S. 32, P. H. Act, 1907.) 
 
 N.B. — This section is not in force unless it, or the whole of 
 Part II. of this Act, has been applied to the district by L. G. B. 
 Order ; s. 33 exempts railway and certain other companies from 
 anything contained in Part II. of the Act. 
 
 c. 
 
50 DISTRICT COUNCILS. 
 
 Burial Grounds. 
 Mortuaries. 
 
 A district council may, and if required by the L. G. B. must, 
 provide a mortuar}^ Bye-laws may be made for its manage- 
 ment and charges for its use ; and the council may also make 
 provision for the decent and economical interment, at charges to 
 be fixed in the bye-laws, of dead bodies that are brought to the 
 mortuary. (S. 141, P. H. Act, 1875.) 
 
 N.B. — As to the removal to a mortuary of bodies of persons 
 "who have died from infectious disease, see s. 142, P. H. Act, 
 1875, and ss. 8, 9, 10, Infectious Diseases Prevention Act, 1890 
 (page 234). 
 
 The district council may provide and maintain a proper place 
 (but not at a workhouse or at a mortuary) for j^ost-mortem 
 examinations, and can make regulations for its management. 
 (S. 143, P. H. Act, 1875.) 
 
 The Council as the Burial Authority. 
 
 A district council may become a burial authority in three 
 different ways : — 
 
 (a) The council may be the burial authority of the district as 
 
 the successors of a local board of health, or of Improve- 
 ment Commissioners who were constituted a burial 
 board. 
 
 (b) An urban district council, when there is in their district a 
 
 burial board formed under the Burial Acts, 1852 — 
 
 1885, can by a resolution transfer to themselves the 
 
 powers, duties, and liabilities of that board. (S. 62, 
 
 sub-s. 1, L. G. Act, 1894.) 
 
 I^.B. — In rural parishes the parish meeting have the exclusive 
 
 right of adopting these Burial Acts for the parish. (S. 7, sub-s. 1 , 
 
 L. G. Act, 1894.) They can be adopted also for any part of an 
 
 urban district, but only with the consent of the district coimcil. 
 
 (S. 62, sub-s. 2, L. G. Act, 1894.) 
 
 (c) A district council, urban or rural, can provide a burial 
 
 ground for their district (Public Health Interments 
 Act, 1879), or a crematorium. (Cremation Act, 
 1902.) 
 
BURIAL GROUNDS. 61 
 
 No part of a cemetery is to be constructed within 100 yards 
 of a dwelling-house, except with the consent in writing of the 
 owner, lessee, and occupier of the house. And no ground not 
 already used as a cemetery {i.e. in which interments have taken 
 place) is to be used for burials within 100 yards of a dwelKng- 
 house without the consent above-mentioned ; but such consent is 
 not required in respect of a house which was erected after the 
 land has been used or appropriated for burials. (Burial Act, 
 1906.) The distance must be measured from the walls of the 
 dwelling-house itself. {Wright v. Wallasey L. B. (1887), 56 
 L. J. Q. B. 259.) 
 
 A crematorium must not be constructed nearer to a dwelling- 
 house than 200 yards without the consent in writing of the 
 owner, lessee, and occupier of the house, nor within 50 yards of 
 a highway, nor in the consecrated part of a burial ground. 
 (S. 5, Cremation Act, 1902.) 
 
 The plans and site of a proposed crematorium must be 
 approved by the L. Gr. B., and it must not be used for crema- 
 tions until the cremation authority {e.g., a district council 
 providing a crematorium or a cremation company) have 
 certified to the Home Office that it is completed, built in 
 accordance with the approved plans, and properly equipped. 
 (S. 4, Cremation Act, 1902.) 
 
 A buiial ground may be closed, and the opening of any new 
 burial ground in a town without the approval of the L. Gr. B. 
 (Bmial Act, 1 900) may be prohibited by an Order in Council 
 of the Privy Council. (Burial Act, 1853.) And in such case 
 no new burial ground must be provided or used in the town or 
 within the limits prescribed in the Order without the previous 
 approval of the L. Gr. B. (S. 6, Burial Act, 1853.) 
 
 But this approval is only required for the " providing and 
 using " of a new burial ground, and not for the acquiring of 
 land intended to be ultimately used as a burial ground. ( Ward 
 V. Porhmouth Corporation, (1898) 2 Ch. 191 ; 67 L. J. Ch. 489.) 
 
 A district council have the same powers of acquiring, con- 
 structing and maintaining a cemetery (Interments Act, 1879) 
 or a crematorium (Cremation Act, 1902) as they have of 
 establishing a mortuary under s. 141, P. H. Act, 1875. 
 
 e2 
 
62 DISTRICT COUNCILS. 
 
 This means that the acquisition of land and the making of 
 contracts will be as provided by the P. H. Act, 1875. 
 
 The cemetery may be established within or without the 
 district ; but when it is to be outside the district, the council 
 must give the same notices as are required in the case of pro- 
 posed sewage works (see p. 316) outside the district. (S. 2, 
 8ub-s. 2, Interments Act, 1879.) 
 
 The council can accept a donation of land for a cemetery or 
 of money or property for enabling them to establish a 
 cemetery. (S. 2, sub-s. 3, Interments Act, 1879.) 
 
 When the district council exercise the functions of a burial 
 board {e.g., as the successors of Improvement Commissioners or 
 by taking over the responsibilities of an existing burial board, 
 see supra), their powers of establishing a cemetery or of making 
 additions of new ground to a cemetery will be governed by the 
 Burial Acts. 
 
 They can, with the consent of the vestry {i.e., the inhabitants 
 of the parish or parishes for which the burial ground is to be 
 provided), purchase land for forming a cemetery, or purchase 
 an existing cemetery, or contract for interments taking place in 
 a cemetery. (S. 26, Burial Act, 1852.) If the vestry refuse 
 this consent, the council can appeal to the L. Gr. B., who can 
 authorize the council to expend and borrow such money as is 
 required for providing and laying out a burial ground. (S. 6, 
 Burial Act, 1855, and Burial Act, 1900.) 
 
 Contracts for work and things required for a burial ground, 
 if over 100/. value, must be by tender, of which fourteen days' 
 notice must be given by advertisement in the local newspapers. 
 (S. 31, Burial Act, 1852.) 
 
 The Lands Clauses Act, 1845, with the exception of the pro- 
 visions relating to compulsory purchase, apply to purchases of 
 land for a cemetery by the burial authority. (S. 27, Burial 
 Act, 1852.) 
 
 The expenses of providing and maintaining a cemetery 
 established under the Interments Act, 1879, or a crematorium, 
 will be defrayed in the same manner as the expenses incurred 
 in the execution of the P. H. Act, 1875, and the council's 
 borrowing powers wiU be governed by that Act. 
 
BURIAL GROUNDS. 53 
 
 When an urban dibtrict council are the successors of a local 
 board or of Improvement Commissioners who were constituted 
 a burial board, the expenses of carrying the Burial Acts into 
 execution with regard to the cemetery and the sums required 
 for the repayment of any loans, must be paid out of the district 
 rate or from a separate burial rate. (Burial Act, 1860.) 
 
 When, however, an urban district council have transferred to 
 themselves the duties and liabilities of a burial board in the 
 district in pursuance of s. 62, L. G. Act, 1894, the expenses in 
 connection with the burial ground will remain payable out of 
 the poor rate, and will not become payable from the general 
 district rate. {E. v. Connah''s Quay Overseers, (1901) 2 Q. B. 
 174; 70 L. J. K. B. 651.) 
 
 The overseers must pay the sums required for these expenses 
 on the receipt of the burial authority's certificate. (S. 19, Burial 
 Act, 1852.) The repayment of loans, with the interest, is also 
 chargeable to the poor rate. (S. 20, Burial Act, 1852.) 
 
 Money may be borrowed by the burial authority with the 
 sanction of the vestry (s. 20, Burial Act, 1852) and of the 
 L. G-. B. (Local Authorities Treasury Powers Act, 1906). If 
 the vestry refuse to consent to any expenditure or loan, the 
 burial authority can appeal to the L. G. B. (S. 6, Burial Act, 
 1855, and Burial Act, 1900.) 
 
 The management of a cemetery provided under the Inter- 
 ments Act, 1879, is chiefly governed by the Cemeteries Clauses 
 Act, 1847, which is incorporated with the 1879 Act. The 
 Burial Acts govern the management of a cemetery established 
 under those Acts. But in some respects provisions relating to 
 the maintenance and government of cemeteries have been co- 
 ordinated by the Burial Act, 19U0. 
 
 Cemeteries may be laid out and embellished. (S. 1 1 , Cemeteries 
 Clauses Act, and s. 30, Burial Act, 1852.) 
 
 The necessary servants may be employed, e.g., grave-diggers, 
 gardeners, &c. (S. 37, Cemeteries Clauses Act, and s. 15, Burial 
 Act, 1852.) 
 
 A chaplain can no longer be appointed by a district council 
 for a cemetery provided by them. (S. 7, Burial Act, 1900.) 
 
 A district council can make bye-laws for the management of 
 
64 DISTRICT COUNCILS. 
 
 a cemetery provided by them. (S. 141, P. H. Act, 1875, 
 extended by Interment© Act, 1879.) 
 
 Model bye-laws were published by the L. Gr. B. 16th February, 
 1881. 
 
 Eegulations for the control of a burial ground can be made 
 by a district council as the burial board, subject to any regula- 
 tions that the L. Gr. B. can make in pursuance of s. 44, Burial 
 Act, 1852. (S. 38, Bui-ial Act, 1852.) 
 
 The council may make charges for the use of the burial 
 groimd. (S. 141, P. H. Act, 1875, as extended by Interments 
 Act, 1879.) 
 
 S. 34, Burial Act, 1852, gives a similar right to make charges 
 for interments in a burial ground provided under the Burial 
 Acts. 
 
 Fees, to be approved by the L. Gr. B., may be charged by the 
 council for the cremation of human remains in a crematorium 
 provided by the council. These fees are to be deemed part of 
 the funeral expenses, and can be recovered by the council from 
 the persons liable to pay them. (S. 9, Cremation Act, 1902.) 
 
 Both Acts give the burial authority the power to sell the 
 right of burial in a private vault (which exclusive rights may 
 be sold either in perpetuity or for a limited time), and also the 
 right to erect monuments and grave-stones in the cemetery, and 
 to place tablets or monumental inscriptions in a chapel. (S. 40, 
 Cemeteries Clauses Act, and s. 33, Burial Act, 1852.) 
 
 The bishop of the diocese may object to a monumental 
 inscription in any part of the consecrated portion of a cemetery, 
 and cause its removal. (S. 51, Cemeteries Clauses Act.) 
 
 Any question touching the fitness of any monumental inscrip- 
 tion in a consecrated part of a cemetery provided under the 
 Burial Acts is to be determined by the bishop of the diocese. 
 (S. 38, Burial Act, 1852.) This section does not appear to 
 prevent the bishop from initiating an objection to an inscription. 
 
 Burial grounds must be sufficiently fenced, but the require- 
 ments as to fencing contained in s. 15, Cemeteries Clauses Act, 
 1847, have been abolished by the 1900 Burial Act. 
 
 A district council, if the burial board, must do the necessary 
 repairs to the walls or fences of a cemetery under their juris- 
 diction, when it has been closed by Order in Council. The 
 
BURIAL GEOUNDS. 55 
 
 expense is to be defrayed out of the poor rate. (S. 18, Burial 
 Act, 1855.) S. 21, L. Gr. Amendment Act, 1861, enables 
 any council which have been constituted a burial board to 
 repair the fences of a burial ground within their jurisdiction 
 of which the use has been discontinued, the expense being 
 defrayed out of the district rates. This section has been re- 
 enacted in Part III. of Schedule Y. to the P. H. Act, 1875. 
 Presumably, the difference between these two enactments 
 depends on whether the burial ground has been closed by Order 
 in Council. 
 
 No body must be buried in a vault under a chapel or within 
 15 feet from the outer waU of it. (S. 39, Cemeteries Clauses 
 Act.) And further, s. 83, P. H. Act, 1848 (which section of 
 this repealed Act is specially re-enacted in Part. III. of the 
 Schedule to the P. H. Act, 1875), prohibits the construction of 
 a vault or grave within the walls of or underneath any church 
 or other place of public worship built in an urban district after 
 the 31st August, 1848. 
 
 The burial authority may regulate the position of a grave in 
 a cemetery and the manner in which the grave is made. (S. 5, 
 Burial Act, 1880.) 
 
 N.B. — The Burial Laws Amendment Act, 1880, is applied 
 by the Burial Act, 1900, to cemeteries whether established 
 under the Interments Act, 1879, or under the Burials Acts; 
 
 When the burial authority have acquired land for a cemetery, 
 they may apply to the bishop of the diocese to consecrate any 
 portion of it approved by the Home Office. 
 
 If the burial authority do not make this application within a 
 reasonable time after a request in that behalf, and the Home 
 Office is satisfied that a reasonable number of persons desire that 
 a portion of it should be consecrated, and the consecration fees 
 have been paid or are secured, the Home Office can apply to the 
 bishop. The bishop may then consecrate, and the burial 
 authority must make such arrangements as are necessary for the 
 consecration. (S. 1, Burial Act, 1900.) 
 
 A new burial ground or cemetery must be divided into con- 
 secrated and unconsecrated parts in such portions, and the 
 unconsecrated part must be allotted in such manner as is 
 sanctioned by the Home Office. (S. 9, Burial Act, 1900.) 
 
66 DISTRICT COUNCILS. 
 
 Part of a burial ground provided under the Interments Act, 
 1879, which has been consecrated or used for burials cannot be 
 disposed of or used for other purposes. (S. 9, Cemetery Clauses 
 Act, 1847.) 
 
 Unconsecrated ground set apart for purposes of burial must 
 not be applied to any other purpose, except by the leave of the 
 L. G. B. (S. 6, Bui-ial Act, 1900.) 
 
 The burial authority may, at their own cost, erect a chapel 
 for funeral services on any part of the cemetery which is not set 
 apart for the exclusive use of any particular denomination. A 
 chapel so erected after January 1st, 1901, must not be conse- 
 crated or reserved for the exclusive use of any particular 
 denomination. But the burial authority may, at the request 
 and cost of residents of a particular denomination, erect, furnish 
 and maintain a chapel for funeral services according to the rites 
 of that denomination, on the ground appropriated to its use 
 (s. 2, sub-s. 2) ; and the Home Office may, by order, direct the 
 burial authority to accede to such request if the estimated cost 
 of the chapel has been tendered to the burial authority or is 
 reasonably secured. 
 
 Subject as above, there is no longer any obligation on a burial 
 authority to build a chapel within the consecrated portion of a 
 cemetery pro\aded under the Interments Act, 1879. (S. 2, 
 Burial Act, 1900.) 
 
 Matters relating to Burial Service. 
 
 The burial authority must submit to the Home Office to be 
 approved a table of fees to be received in respect of the services 
 rendered by a minister of religion and by the sexton. 
 
 Fees for burial service must be the same in respect of burials 
 in consecrated and unconsecrated ground. (S. 3, sub-s. 1, 
 Burial Act, 1900.) 
 
 If this table of fees is not submitted after request made by 
 the Home Office, the Home Office can draw up a table of fees. 
 (S. 3, sub-s. 2.) 
 
 These fees must be collected by the burial authority and paid 
 by them to the minister and sexton in such manner as is agreed 
 upon or as is directed by the Home Office in default of agree- 
 ment. (S. 3, sub-s. 3.) 
 
BURIAL GROUNDS. 57 
 
 No fee, except for services rendered by him, is to be paid to 
 the incumbent of a parish in respect of any right of exclusive 
 burial, or the erection of a monument or any other matter 
 whatsoever, in a burial ground maintained by a burial authority. 
 But when these special fees were payable in respect of a burial 
 ground laid out and used as a burial ground before the passing 
 of the Act {i.e., prior to July, 1900), they are to continue to be 
 paid during the incumbency of the parson, or for a period of 
 fifteen years, whichever is longer. 
 
 The Ecclesiastical Commissioners, with the consent of the 
 incumbent, can agree with the burial authority for a periodical 
 or other payment to be made to the incumbent in commutation 
 of these special fees. (S. 3, sub-s. 4, Burial Act, 1900.) 
 
 Where a portion of a cemetery which had been acquired by 
 the burial authority before the passing of the 1900 Act had 
 never been actually used for interments before that date, it was 
 held that the incumbent had no right to these special fees. 
 {Young v. Kingston-on-Thames, 8fc. Joint Burial Committee, 
 (1907) 1 K. B. 416 ; 76 L. J. K. B. 382.) 
 
 No fees payable to churchwardens or others for parochial 
 purposes, either by law or custom, are any longer to be paid by 
 the burial authority (s. 3, sub-s. 4) ; and no fee, other than fees 
 payable to a sexton for services rendered, is to be paid to any 
 clerk or other ecclesiastical officer in respect of interments. 
 (S. 3, sub-s. 5, Burial Act, 1900.) 
 
 The incumbent of the parish for which, or which is in the 
 area for which, a burial ground has been provided must perform 
 the funeral service in respect of his own parishioners and persons 
 dying in his parish. (S. 7, Burial Act, 1900.) 
 
 N.B, — A district council have no longer any power to appoint 
 a chaplain under the Cemetery Clauses Act (s. 7, Burial Act, 
 1900) ; though when there is a chaplain appointed previous to 
 the 1900 Act coming into force, he will be entitled to perform 
 the services in the consecrated part of the cemetery, as long as 
 he continues in his office. 
 
 This obligation on the incumbent only applies to funeral 
 services in respect of burials in consecrated ground. (S. 14, 
 Burial Act, 1880.) And he is under no obligation to perform 
 a funeral service before, at, or after a cremation ; in case the 
 
68 DISTRICT COUNCILS. 
 
 incumbent refuses, any other minister who is willing may 
 officiate. (S. 11, Cremation Act, 1902.) 
 
 Notice of intention to bury in a burial ground belonging to 
 the burial authority is to be given at such time and to such 
 person as the burial authority direct. (S. 8, Burial Act, 1900.) 
 The 48 hours limit imposed by the Burial Act, 1880, is 
 removed by the Burial Act, 1900. A burial authority are 
 under no legal obligation to notify the incumbent of the parish 
 of an intended burial, that being the duty of the friends or 
 relatives of the deceased; but a burial authority must not 
 permit any other person except the incumbent of the parish to 
 perform a burial service in the consecrated part of the cemetery 
 {Woody. Hcadingley Burial Board, (1892) 1 Q. B. 713), unless 
 advantage is taken of the following provisions : 
 
 Notice may be given by the relation, friend, or legal repre- 
 sentative having charge of, or being responsible for, the biu'ial 
 of a deceased person that the burial will take place without the 
 rites of the Church of England (s. 1, Burial Act, 1880), 
 and then the incumbent is relieved from performing the 
 service. 
 
 This notice, which must be signed with the name and must 
 state the address of the person giving it, must be left by him 
 with the clerk of the burial authority. It must be to the effect 
 of the form prescribed in Schedule A. to the Act. The burial 
 authority may make bye-laws for enabling burials to take 
 place in accordance with these provisions. (S. 1, Burial 
 Act, 1880.) 
 
 The notice must state the day and hour when such burial is 
 proposed to take place. If such time fixed is inconvenient on 
 account of some other funeral service previously arranged to 
 take place then, or is against the bye-laws, written intimation 
 must be served on the person who gave the notice to the burial 
 authority at what other hour of that day the burial can take 
 place. 
 
 This intimation may be served by leaving it at this person's 
 abode or at the house where the deceased is lying. But if the 
 burial authority and the person giving the notice come to a 
 mutual understanding about the alteration of time, there is no 
 
BURIAL GROUNDS. 59 
 
 need for this intimation to be given to him. (S. 3, Burial 
 Act, 1880.) 
 
 The burial may take place at the option of the person having 
 charge of it without any religious service or with such Christian 
 service at the grave as he thinks fit ; and the service may be 
 conducted by anyone invited and authorized by this person to 
 do so. (S. 6, Burial Act, 1880.) It is a misdemeanour to 
 conduct a service in a disorderly manner, or to obstruct a 
 service, or to deliver an address under colour of a service 
 endeavouring to bring into contempt the Christian religion or 
 the belief or worship of any Christian denomination, or the 
 ministers or members of a denomination. (S. 7, Burial 
 Act, 1880.) 
 
 A burial certificate in the form or to the effect of Schedule 
 B. must be sent to the burial authority by the person in 
 charge of such a burial on the day of the burial ; and this 
 burial must be entered in the register. (S. 10, Burial 
 Act, 1880.) 
 
 N.B. — These provisions of the Burial Act, 1880, apply to 
 burial grounds whether established by the district council under 
 the Interments Act, 1879, or as the buiial authority under the 
 Burial Acts. (S. 9, Burial Act, 1900.) 
 
 Miscellaneous. 
 
 All burials must be registered in the books to be provided 
 and kept by the burial authority for the purpose. A copy of 
 the registers must be sent to the registrar of the diocese. An 
 officer must be appointed by the burial authority to register 
 burials that take place in the burial ground. (S. 8, Burial 
 Act, 1853, and Ilegistration of Burials Act, 1864.) If there is 
 a chaplain, appointed previous to the Burial Act, 1900, for 
 a cemetery provided by a district council under the Interments 
 Act, he must register the burials in the consecrated part of the 
 cemetery ; but if there is no chaplain, all burials in the conse- 
 crated and unconsecrated portions must be kept by the official 
 appointed for that purpose. (S. 7, Burial Act, 1900.) 
 
 The Home Office regulations made by virtue of s. 7, 
 Cremation Act, 1902, require the cremation authority («>., the 
 
60 DISTRICT COUNCILS. 
 
 district council, if they have provided a crematorium) to 
 appoint a registrar, who must keep a register of cremations, 
 and the entries must be made immediately after a cremation 
 has taken place. 
 
 ' The Home Office can appoint a person to hold an inquiry 
 into any matter relating to the consecration of part of a burial 
 ground, or the building of a chapel, or the fixing, varying, or 
 commuting the fees payable to a minister of religion or to a 
 sexton. (S. 5, sub-s. 1.) The burial authority may be made to 
 pay the costs of the inquiry and the authorized expenses of the 
 person holding it as the Home Office directs. (S. 5, sub-s. 2, 
 Bui-ial Act, 1900.) 
 
 S. 7 of the Cremation Act, 1902, empowers the Home 
 Office to make regulations for crematoria and cremations. 
 These regulations were issued 31st March, 1903, and contain 
 provisions relating to the maintenance and inspection of 
 crematoria, the conditions under which cremation may take 
 place, the disposition of the ashes, and the registration of 
 cremations. 
 
 Amongst other provisions is one requiring the appointment 
 by a cremation authority of a medical referee, on whose certi- 
 ficate alone a cremation is to be allowed. Various rules have 
 been made for the guidance and direction of this officer. 
 
 He must be a properly qualified medical practitioner of not 
 less than five years' standing. If otherwise qualified, a person 
 holding the office of coroner or the medical officer of health of 
 the district may be appointed medical referee. 
 
 A deputy medical referee must be appointed to act during 
 the absence of the medical referee, or when that officer has 
 been the medical attendant of the deceased person whose 
 remains are to be cremated. 
 
 On making the appointment the cremation authority must 
 send the name, address and qualification of the referee or his 
 deputy to the Home Office. 
 
 There is a penalty of 50/. for a breach of any of the Home 
 Office regulations. (S. 8, Cremation Act, 1902.) 
 
BYE-LAWS. 61 
 
 Bye -Laws. 
 
 Provisions as to Bye-Laws. 
 
 Bje-laws made by a district council must be under the 
 common seal of the council. (S. 182, P. H. Act, 1875.) 
 
 Bye-laws may impose penalties not exceeding 5/. for each 
 offence for their contravention, and in ease of a continuing 
 offence a further daily penalty not exceeding 40s. after the 
 council have given notice in writing of the offence to the 
 offender. The bye-laws must be so framed as to allow of the 
 recovery of any sum less than the full amount of the penalty. 
 (S. 183.) 
 
 Bye-laws, except when it is otherwise provided {e.g., bye-laws 
 made under s. 13, P. II. Act, 1890, as to telegraph apparatus, 
 and bye-laws under the Electric Lighting Act, 1882, which 
 must be submitted for approval to the Board of Trade, and 
 bye-laws under Part YII. P. H. Act, 1907, which must be 
 confirmed by a Secretary of State), must be submitted to, and 
 approved by, the L. G. B. 
 
 The council must give public notice of their intention to 
 apply for the confirmation (or alteration) of bye-laws by means 
 of advertisements in the local newspapers circulating in the 
 district at least one month before the application is made ; and 
 during this period a copy of the proposed bye-laws (or 
 alterations) must be open to inspection by the ratepayers at 
 the coimcil's offices. 
 
 The clerk must furnish any ratepayer applying for it with 
 a copy of the proposed bye-laws (or alterations), on payment 
 of sixpence for every hundred words contained in them. 
 (S. 184.) 
 
 Bye-laws must be printed and hung up in the council's office, 
 and a copy of them must be delivered to any ratepayer apply- 
 ing for the same. 
 
 A copy of a rural councirs bye-laws must be sent to the 
 overseers of every parish to which the bye-laws relate, to be 
 deposited with the public documents of the parish. (S. 185.) 
 
 A copy of the bye-laws signed and certified by the clerk to 
 be a true copy, and to have been duly confirmed, is evidence of 
 the bye-laws in all legal proceedings. (S. 18G.) 
 
62 DISTRICT COUNCILS. 
 
 Bye-laws repugnant to the laws of England, or to the 
 provisions of the P. H. Acts, will be invalid. (S. 182, P. H. 
 Act, 1875.) 
 
 H.B. — Bye-laws, though confirmed by the L. Gr. B., will be 
 invalid if ultra vires or unreasonable. 
 
 A bye-law is not necessarily invalid because a person is 
 unable to comply with its requirements. A district council 
 made a bye-law prohibiting the construction of cesspools at a 
 less distance than 50 feet from a dwelling house. The owner 
 of an old cesspool had filled it up and constructed a new cesspool 
 within 17 feet from his house (this being the extreme limit 
 the extent of his premises permitted). It was held that the 
 bye-law was not um-easonable on account of the 50 feet limit 
 fixed by it, and that it was not invalid because the owner of 
 the premises was unable to comply with it, there being no 
 obligation imposed upon him by the bye-law to move his old 
 cesspool and to construct a new one. {Simmons v. Mailing 
 JR. D. a, (1897) 2 a. B. 433 ; 66 L. J. Q. B. 585.) 
 
 A bye-law which required every person constructing for use 
 as a carriage road a new street to construct " on each side of 
 such street a proper channel not less than 12 inches wide and 
 6 inches deep, either of granite cubes laid on a bed of cement 
 concrete at least 6 inches in thickness, or otherwise in a suitable 
 manner and with suitable materials " was held not to be ultra 
 tires on the ground of being inconsistent with s. 150, P. H. Act, 
 1875, or s. 6, Private Street Works Act, 1892, and was held 
 not to be bad for uncertainty. " The next objection is that the 
 bye-law is uncertain. But it seems to me that this bye-law 
 only sets up a standard and then gives a reasonable latitude 
 if that standard should not in fact be necessary " : Lord 
 Alverstone, C.J. {Le?/ton U. B. C. v. C/mc, (1907) 2 K. B. 
 283 ; 76 L. J. K. B. 781.) But a bye-law which required a 
 person to kerb the footpath to the satisfaction of the local 
 authority before he began to erect any building in a new street 
 was held to be bad for being unreasonable. {Rudland v. Mayor 
 of Sunderland (1885), 52 L. T. 617.) 
 
 A district council cannot ignore their own bye-laws. " Bye- 
 laws properly made have the effect of laws; a public body 
 cannot, any more than private persons, dispense with laws 
 
BYE-LAWS. 63 
 
 that have to be administered ; they have no dispensing power 
 whatever " : Day, J., in Yahbicom v. King, (1899) 1 Q. B. 444 ; 
 68 L. J. Q. B. 560. In this case the local authority had 
 approved of building plans which did not comply with the 
 requirements of their bye-laws. 
 
 In Baxter v. Bedford Corporation (1885), 1 T. L. E. 424, the 
 corporation's bye-laws required that two days' notice should be 
 given to the surveyor before drains were covered. On the facts 
 of the case it was held that the surveyor had not waived the 
 notice, and that he could not dispense with the notice. " The 
 corporation could not dispense with the law, which was not for 
 their benefit but for the benefit of the public." [Per Cave, J.) 
 
 In Salt V. Scott Hall, (1903) 2 K. B. 245 ; 72 L. J. K. B. 
 627, Channell, J., recommended that in their building bye-laws 
 a council ought to reserve to themselves the right to dispense 
 with their strict observance in exceptional cases. " All bye-laws 
 relating to the construction of buildings ought to have some- 
 thing in the nature of a dispensing power in them, enabling 
 the local authority or surveyor, or somebody or other, to say 
 that a particular building is of an exceptional character, and 
 that the hard and fast rules laid down by the bye-laws as to 
 the mode of construction ought not to apply to that particular 
 building." 
 
 Local Government Bye-Laws. 
 
 A district council can make bye-laws concerning a variety of 
 matters relating to the local government of the district. To 
 enumerate a few : bye-laws may be made for regulating the 
 use of cabmen's shelters, common lodging-houses, markets, 
 public libraries, baths, &c. &c. These are dealt with elsewhere ; 
 but there are a few subjects of local government, with regard 
 to which bye-laws may be made, which it is convenient to deal 
 with separately. 
 
 In districts where s. 82, P, H. Act, 1907, is in force, the 
 district council may, for the purpose of preventing danger, 
 obstniction or annoyance to persons using the seashore, make 
 and enforce bye-laws to — 
 
 (a) Regulate the erection or placing on the seashore of any 
 booths, tents, sheds, stands and stalls, or vehicles for 
 
64 DISTRICT COUNCILS. 
 
 the sale of any article, or any ghows, exhibitions, per- 
 formances, swings, roundabouts, or other erections, 
 vans, photographic carts, or other vehicles, and the 
 playing of any games ; 
 
 (b) Eegulate the use of the seashore for riding and driving ; 
 
 (c) Regulate the selling and hawking of any article on the 
 
 seashore ; 
 
 (d) Provide for the preservation of order and good conduct 
 
 among persons using the seashore. 
 
 No bye-laws afPecting the foreshore below high water mark 
 can come into operation until the consent of the Board of Trade 
 has been obtained. (S. 82, P. H. Act, 1907.) 
 
 N.B. — Bye-laws made under this section must be confirmed 
 by a Secretary of State instead of by the L. G. B. (s. 9, 
 P. H. Act, 1907), and this section will only be in force in 
 districts to which it or Part VII. of the P. H. Act, 1907, has 
 been applied by order of the Secretary of State. 
 
 In districts where s. 84, P. H. Act, 1907, is in force, the 
 council may, to prevent danger, obstruction, or annoyance to 
 persons using the esplanades or promenades in the district, 
 make bye-laws prescribing the nature of the traffic for which 
 they may be used, for regulating the selling or hawking of any 
 article on them, and for the preservation of order and good 
 conduct among persons using them. (S. 85, P. H. Act, 1907.) 
 
 N.B. — Bye-laws under this section must be confirmed by a 
 Secretary of State and not by the L. Gr. B. (s. 9, P. H. Act, 
 .1907), and this section will only be in force in districts to 
 which it has been applied by order of a Secretary of State. 
 
 An urban district council, where the population of the district 
 exceeds 10,000 according to the last census, can make bye- 
 laws : — 
 
 (1) For the regulation and control of hoardings and similar 
 
 structures used for the purpose of advertising when 
 they exceed 12 feet in height. 
 
 (2) For regulating, restricting, or preventing the exhibition 
 
 of advertisements which injuriotisly affect the amenities 
 of a public park or pleasure promenade, or which dis- 
 figure the natural beauty of a landscape. 
 
BYE-LAWS. 65 
 
 But these bye-laws must exempt from their operation hoard- 
 ings and structures in use for advertisement purposes at the 
 time the bye-laws are made, and any advertisements exhibited 
 at that time, for such a period, not less than five years, as the 
 council may think fit. 
 
 Bye-laws made under this Act must be confirmed by a 
 Secretary of State, and bye-laws made by a County Council 
 will not be in force in districts of which the councils have the 
 power to make bye-laws under this Act. 
 
 Contravention of these bye-laws entails a penalty of 5/., and 
 a daily penalty of 20.s. after a conviction of an offence against 
 them. (Advertisements Regulation Act, 1907.) 
 
 An urban council can make bye-laws for regulating (a) the 
 conduct of proprietors and drivers of hackney carriages and 
 omnibuses which have been licensed by the council to ply for 
 hire in the district ; (b) the manner in which the number of the 
 carriage, corresponding with the number of the license, shall be 
 displayed ; (c) the number of persons to be carried ; (d) the 
 stands for carriages, the fares, and the publication of the fares ; 
 (e) and for securing the re-delivery of articles left accidentally 
 in carriages, and for fixing the charges payable for the return 
 of such property. Also, bye-laws may be made for securing 
 the fitness of an omnibus and the harness ; for regulating the 
 number and fitness of the animals drawing it ; for securing that 
 proper lights be caiTied ; and for preventing calling out and 
 touting by drivers and conductors for passengers. (S. 171, P. H. 
 Act, 1875, incorporating s. G8 and s. 9, Towns Police Clauses 
 Acts, 1847 and 1889.) 
 
 The proprietors and conductors of horses and donkeys standing 
 for hire may be licensed in the same manner as proprietors and 
 diivers of hackney caniages, and bye-laws may be made for 
 fixing the stands and rates of hire of these animals and for 
 regulating the qualification and conduct of the persons in 
 charge. 
 
 Similarly, the proprietors and boatmen of pleasure boats may 
 be licensed and bye-laws made for regulating the numberiDg 
 and naming of the vessels, their mooring-places, the number of 
 persons to be carried in them, &c. (S. 172, P. H. Act, 1875.) 
 
 An urban council which have adopted Part III. of the Act 
 
 c. F 
 
66 DISTRICT COUNCILS. 
 
 can make bye-laws for the prevention of danger from whirligigs 
 and swings when driven by steam power, and from the use of 
 firearms in shooting ranges and galleries. (S. 38, P. H. Act, 
 1890.) 
 
 Commons. 
 
 With the consent of the County Council the district council 
 may aid persons in maintaining rights of common ; and for this 
 purpose the council can institute and defend legal proceedings, 
 or take such other steps — e.g., contribute towards some other 
 person's legal expenses incurred in contesting these rights {R. 
 V. Norfolk C. C, (1901) 2 K. B. 268 ; 70 L. J. K. B. 575)— as 
 they deem expedient. (S. 26, L. G. Act, 1894.) 
 
 The council, with the consent of the County Council, can 
 exercise any of the following powers (exercisable under s. 8, 
 Commons Act, 1876) in relation to a common : — 
 
 (a) They may undertake to contribute towards the main- 
 
 tenance of recreation grounds, paths or roads on the 
 common. 
 
 (b) Pay compensation to the commoners in order to secure 
 
 greater privileges on the common for the benefit of 
 the district. 
 
 (c) Purchase saleable rights in commons or a commoner's 
 
 tenement with rights of common annexed to it, in 
 order to prevent the extinction of the rights of 
 common. 
 
 (d) With the consent of the persons representing one-third in 
 
 value of the interests in the common make application 
 to the Board of Agriculture for the regulation of the 
 common. 
 The expenses incurred by the council in the exercise of the 
 above powers are to be defrayed as under the P. H. Act, 1875. 
 
 Notice of an application to the Board of Agriculture for the 
 inclosure or regulation of a common in the district must be 
 served on the district council. (S. 26, L. Gr. Act, 1894.) 
 
 An urban or rural district council can make a scheme with a 
 view to spending money on the drainage, levelling and improve- 
 ment of a common, and for making bye-laws for its regulation. 
 (S. 1, Commons Act, 1899.) 
 
COMMONS. 67 
 
 This scheme must be in the form prescribed by, and in 
 accordance with, the Board of Agriculture's Regulations of 
 October 2nd, 1899. These regulations require that the district 
 council should advertise in the local press their intention to 
 make a scheme, and serve notice of this intention on the parish 
 councils in the district and on the lord of the manor three 
 months before the scheme is made. 
 
 The scheme must be approved by the Board of Agriculture ; 
 but if within the period of three months specified above the 
 lord of the manor, or one-third of the persons representing the 
 interests in the common, give notice in writing to the Board 
 objecting to a scheme for the regulation of the common, no 
 further steps can be taken. (S. 2, Commons Act, 1899.) 
 
 The scheme may include provision for securing free access to 
 any particular point of view on the common ; for preserving 
 particular trees or objects of historical interest ; for reserving, 
 where a recreation ground is not set out, a right to play games 
 on the common, care being taken to cause the least possible 
 injury to persons having interests in the common ; for setting 
 out roads and paths across the common. (S. 1, Commons Act, 
 1899.) 
 
 Further, the scheme may provide for the execution by the 
 council of works of drainage, levelling and fencing for the 
 protection and improvement of the common ; also for the main- 
 tenance of the footpaths. A portion of the common may be set 
 out for games and for a cricket ground, which may be tempo- 
 rarily inclosed with an open fence to protect it from cattle> 
 Seats T^fiy be placed and trees planted and protected by 
 temporary guards ; but no pavilion or shelter must be erected 
 without the consent of the lord of the manor or person owning 
 the s6il of the common. 
 
 Subject to the approval of the L. Gr. B., the district council 
 may make bye-laws in respect of the common, for preventing 
 encroachments or the deposit of rubbish, &c., and the illegal 
 taking of gravel or cutting turf, heather or trees ; injury to the 
 seats and notice boards and to fences or trees by posting bills on 
 tliem ; bird catching, the taking birds' eggs or illegal shooting 
 on the common ; for regulating games, and for preventing or 
 regulating vehicles being driven or horses exercised on the 
 
 f2 
 
68 DISTRICT COUNCILS. 
 
 common ; for the exclusion and removal of gipsies, card-sharpers 
 and other undesirables ; for regulating the place and mode in 
 which the commoners may exercise their rights of taking 
 materials and cutting trees and undergrowth on the common ; 
 for preventing persons from " illegally " turning out animals to 
 graze on the common ; and generally for the protection of the 
 common and its use by the public for exercise and recreation. 
 
 N.B. — The expression " illegally " refers to the exercise by 
 persons other than the commoners of the rights of common 
 such as turning cattle out to graze, cutting turf, or gathering 
 firewood and fuel on the common. (Board of Agriculture's 
 Regulations, October 2nd, 1899.) 
 
 When a scheme has been approved by the Board of Agri- 
 culture the management and regulation of the common will be 
 vested in the district council (s, 3, Commons Act, 1899) ; but a 
 rural district council can delegate the management to a parish 
 council, in which case the parish council will be, for this pur- 
 pose, in the position of a parochial committee. (S. 4, Commons 
 Act, 1899.) 
 
 A parish council may contribute towards the expenses 
 incidental to the preparation and execution of a scheme by a 
 rural district council. (S. 5, Commons Act, 1899.) 
 
 No interest in the common is to be taken away by the district 
 council without the consent of and without compensation (to be 
 ascertained in case of dispute by arbitration under the Lands 
 Clauses Acts) being paid to the person entitled to it. (S. 6, 
 Commons Act, 1899.) 
 
 The council may acquire by gift or purchase by agreement 
 the fee simple or any rights of a common regulated under this 
 Act. (S. 7, Commons Act, 1899.) 
 
 An urban district council, with a view to the benefit of the 
 inhabitants of their district, and subject to the approval of the 
 L. Gr. B., may contribute to the expenses of any other district 
 council in the execution of a scheme. (S. 12, Commons Act, 
 1899.) 
 
 A council's expenses under this Act are to be defrayed as 
 expenses under the P. H. Acts, and the council can borrow 
 money for the purposes of this Act as under and subject to the 
 
CONTRACTS. 69 
 
 restrictions of ss. 233—244, P. H. Act, 1875. (S. 11, Commons 
 Act, 1899.) 
 
 A "common" includes town and village greens; but a 
 scheme under this Act will not apply to any common regulated 
 under the Metropolitan Commons Acts, 1866 and 1869, or by a 
 Provisional Order under the Inelosure Acts, 1 845 to 1882, or 
 which is subject to any private or local Act for its preservation 
 as an open space, or to bye-laws made by a parish council under 
 s. 8, L. G. Act, 1894. (S. 14, Commons Act, 1899.) 
 
 Contracts. 
 
 A district council may enter into any contracts necessary for 
 carrying the P. H. Acts into execution (s. 173, P. H. Act, 
 1875) ; but a committee of the council cannot be authorized 
 by the council to make contracts on behalf of the council. 
 (S. 56, sub-s. 1, L. G. Act, 1894.) 
 
 Every contract of a value exceeding 50/. made by an urban 
 council must be in writing, and sealed with the council's seal. 
 (S. 174, sub-s. 1, P. H. Act, 1875.) (As to contracts by rural 
 councils, see, infra^ Lawfonl v. Billericay R. D. C.) 
 
 " In order to come within the words of the enactment, the 
 contract must be one of which the value exceeds 50/. at the time 
 when it is entered upon." (Lush, L.J., in Eaton v. Grantham 
 Corporation (1881), 7 Q. B. D. 529 ; 50 L. J. Q. B. 444.) In 
 that case a doctor was employed under a verbal agreement by 
 the local authority to attend fever patients during an epidemic 
 at a specified daily fee. His charges exceeded 50/., though at 
 the time the agreement was made it was not foreseen that they 
 would amount to such a sum. The corporation had to pay, in 
 spite of the agreement not being under seal. 
 
 If work has been done for a council under a contract — the 
 work being necessary in carrying out some purpose for which 
 the council have been created — the fact that the contract is not 
 under seal will be no defence to a claim to be paid under it 
 {Latcford V. Billericay R. D. C, (1903) 1 K. B. 772; 72 
 L. J. K. B. 554), provided that the contract is not an illegal 
 one. (See Officers of Council, p. 283.) In the Billericay 
 case the plaintiff, an engineer, had been employed by a com- 
 
70 DISTRICT COUNCILS. 
 
 mittee of the council to make plans, &c. for a drainage scheme. 
 The acts of the committee were approved and confirmed by 
 the council, so as to constitute a contract between the council 
 and the plaintiff. The contract was not under seal ; but it was 
 held that the plaintiff was entitled to recover from the council 
 payment for the services he had rendered. 
 
 A contract for the execution of sewerage works, under the 
 seal of the council, conferred on the engineer having the 
 management of the contract the usual power to vary the manner 
 in which the works under it were to be carried out. A variation 
 was ordered and accordingly executed by the contractor. It 
 was held that this variation could be made, and that a verbal 
 compromise of a dispute which had arisen over this variation ol' 
 the work was perfectly valid, although it was not reduced to 
 writing nor under the seal of the council. ( Williams v. Barmouth 
 U. D. C, (1897) 77 L. T. 383.) 
 
 An unsealed contract may be subsequently confirmed by the 
 council's seal being affixed to it. {Brooks, Jenkins (^ Co. v. 
 Torquay Corporation, (1902) 1 K. B. 601 ; 71 L. J. K. B. 109.) 
 
 A contract must specify the work to be done and the materials 
 to be furnished, the price to be paid, and the time in which the 
 contract is to be performed, and shall specify some pecuniary 
 penalty to be paid in case the terms of the contract are not duly 
 performed. (S. 174, P. H. Act, 1875.) 
 
 N.B. — These provisions are obligatory. {British Insulated 
 Wire Co. v. Prescot U. D. C, (1895) 2 Q. B. 463 ; 64 L. J. Q. B. 
 811.) 
 
 Before entering upon a contract the council must obtain from 
 their surveyor a written estimate of the probable expense of 
 executing the work and of the annual expense of keeping it in 
 repair ; also a report as to the most advantageous mode of con- 
 tracting, i.e., whether only for the execution of the work or for its 
 execution and maintenance for a term of years, or otherwise. 
 And if the proposed contract amounts to 100/. or upwards, the 
 council, before making it, must give at least ten days' public notice 
 of the nature and purpose of the contract, and tenders for its 
 execution must be invited by the council. The council must 
 also require and take sufficient security for its due performance. 
 
 Contracts entered into in conformity with these provisions by 
 
DISTRICT COUNCIL. 71 
 
 the council and dulj executed by the other parties to it will be 
 binding on the council's successors {e.g., if a district is absorbed 
 into another district) and on the other parties' executors, 
 assigns or successors. The council may compound with a con- 
 tractor or other person in respect of any penalty he has incurred 
 on account of the n on -performance of the contract. The 
 composition may be in money or in the form of such other 
 recompense as the council think proper. (S. 174, P. H. Act, 
 1875.) 
 
 District Council. 
 
 Constitution of District Council. 
 The County Council, if satisfied that a prima facie case for 
 the proposed alteration has been made out, can, after holding 
 a local inquiry, make an order for — 
 
 (i) the alteration or definition of the boundary of a parish 
 
 or of a district other than a borough ; 
 (ii) the division of a district or the union of districts, or of 
 a parish or the transfer of a parish or part of it to 
 another parish ; 
 (iii) the conversion of a rural into an urban, or of an urban 
 into a rural district, or for the transfer of a district 
 or part of it to another district, or the formation of a 
 new urban or rural district ; 
 (iv) the division of an urban district into wards ; 
 (v) the alteration of the number of wai'ds, or of the 
 boundaries of a ward, or of the number of members 
 of a district council, or of the apportionment of 
 members among wards. 
 Except in the case of matters referred to in (iv) and (v), the 
 County Council's order must be submitted to the L. G. B. for 
 confirmation. The order may be petitioned against by one- 
 sixth of the electors in the area affected, and the L. G. B. must 
 in such event hold a local inquuy before deciding whether or 
 not the County Council's order shall be confirmed. 
 
 Provision must be made where necessary for the adjustment 
 of any property, debts and liabilities affected by the creation, 
 constitution, or extension of an urban district. (S. 54, sub-s. 
 1 (c), L. G. Act, 1894.) 
 
72 DISTRICT COUNCILS. 
 
 The authorities interested may make agreements for the 
 purpose of the adjustment of any property, income, debts, 
 liabilities and expenses affected by the order. (S. 68, L. G. Act, 
 1894.) 
 
 If.B. — " ' Income ' means income presently enjoyed .... 
 and does not include income which may hereafter be derived 
 from the making of rates." (Lord Davey, in Caterham U. D. C. 
 V. Godstom R. D. C, (1904) A. C. 171 ; 73 L. J. K B. 589.) 
 In this case the parish of Caterham, which had been part of the 
 Godstone rural district, was formed by the County Council into 
 an urban district. It was held that in proceedings for an 
 adjustment of property, &c. the Godstone council could not 
 claim as " income " a sum representing the prospective loss in 
 highway rates incurred by the severance of the Caterham area 
 from their district. But an agreement for a compromise of 
 their respective claims, even though one of the claims is not 
 well founded in law, e.g., is for compensation for loss of rate- 
 able area, is a valid agreement. {Holswort/iy JJ. D. C. v. Hols- 
 worthy 11. D. a, (1907) 2 Ch. 62 ; 76 L. J. Ch. 389.) The fact 
 that two local authorities have made one agreement for adjust- 
 ment of property will not preclude one of them from requiring 
 a further or supplemental agreement, and, failing that, an 
 arbitration. {St. Thomas E. D. C. y.IIcavitree U. D. C. (1902), 
 86 L. T. 153.) 
 
 The agreement may provide for the transfer or retention of 
 any property, debts or liabilities, and for the joint user of any 
 property subject to payment by one party to the other. 
 
 Payments in respect of the salary or remuneration of an 
 officer or other person may be agreed upon. 
 
 These payments may be annual, or (except in the case of 
 a salary or remuneration) by way of a capital sum, or of 
 a terminable annuity for such period as the L. G. B. may 
 allow. 
 
 An agreement which relates to the joint user of property in 
 which a board of guardians is interested must be approved by 
 the L. G. B. 
 
 In default of an agreement, the adjustment must be referred 
 to arbitration in accordance with the Arbitration Act, 1889. 
 The arbitrator has power as to costs, and his award may 
 
DISTRICT COUNCIL. 73 
 
 provide for any matter for wliich an agreement might have 
 provided. 
 
 Any sum requii'ed to be paid by a district council for the 
 purposes of adjustment may be paid as part of the general 
 expenses, or out of any special fund with the L. Gr. B.'s 
 approval. If it is a capital sum that is required to be paid, the 
 council can borrow the necessary money on the security of the 
 rates and funds in the council's control. A capital sum paid 
 to a council must be treated as capital and applied, with the 
 sanction of the L. Gr. B., either in repayment of debt or for 
 any other purpose for which capital money may be applied. 
 (S. 68, L. a. Act, 1894.) 
 
 The County Council can, by order, from time to time fix or 
 alter the number of guardians or rural district councillors to be 
 elected for each parish in the county. 
 
 The County Council have for these purposes the same powers 
 of adding parishes to each other and of dividing parishes into 
 wards as the L. G. B. has under the Poor Law Acts for the 
 election of guardians. (8. 60, L. Gr. Act, 1894.) 
 
 If a district council become unable to act, whether from 
 failure to elect or otherwise {e.g., by a general resignation of 
 members), the County Council can order elections to be held, 
 and can appoint persons to form the district council until the 
 newly-elected members come into ofiice. (S. 59, sub-s. 5, 
 L. G. Act, 1894.) 
 
 The County Council may employ a district council as their 
 agents for transacting any of the county's administrative 
 business in the district. (S. 64, L. G. Act, 1894.) 
 
 A district council can, with the sanction of the County 
 Council, change their name and the name of their district. 
 The district council must notify the L. G. B. of the cliange. 
 (S. 55, sub-8. 3, L. G. Act, 1894.) 
 
 The L. G. B. can, by order, permanently (P. H. (Ships) 
 Act, 1885) constitute the council of a district which forms part 
 of or which abuts on a port the port sanitary authority. 
 (S. 287, P. H. Act, 1875.) " Port " means a port as estab- 
 lished for the purposes of the Customs laws. 
 
 The jurisdiction of the council in such case wiU extend over 
 
74 DISTRICT COUNCILS. 
 
 the waters within the limits of the port. (S. 288, P. 11. 
 Act, 1875.) 
 
 Transaction of Business. 
 
 An urban district council must provide and maintain offices 
 necessary for the transaction of the business of the council and 
 their officers. (S. 197, P. H. Act, 1875.) 
 
 A rural district council are entitled to use for their meetings 
 and business the board room and offices of the guardians at all 
 reasonable hours. Any difficulty as to what hours are to be 
 considered reasonable is to be settled by the L. Gr. B. (S. 59, 
 sub-s. 3, L. G. Act, 1894.) 
 
 No district council meeting must be held in premises licensed 
 for the sale of intoxicating liquors unless no other suitable 
 room is available for the meeting, either free of charge or at a 
 reasonable cost. (S. 61, L. Gr. Act, 1894.) 
 
 Every district council must hold an annual meeting, and 
 other meetings for the transaction of business once at least in 
 each month, and at such other times as may be necessary. 
 (S. 199, P. H. Act, 1875 ; s. 59, sub-s. 1, L. &. Act, 1894.) 
 
 The rules relating to the meetings of local boards contained 
 in the unrepealed part of Schedule I. of the P. H. Act, 1875, 
 are applied (with the necessary change of style), by s. 59, 
 sub-s. 1, L. Gr. Act, 1894, to urban and rural district councils. 
 These rules are as follows : — 
 
 (i) The council must from time to time make regulations 
 as to the summoning, notice, place, management and 
 adjournment of meetings, and generally with respect 
 to the transaction of their business, 
 (ii) No business must be transacted at a meeting unless at 
 least one-third of the full number of members are 
 present ; subject to this qualification, that a larger 
 quorum than seven is not required. 
 (Rules (iii), (iv), (v) relate to the appointment of the 
 chairman ; see infra.) 
 
 (vi) The names of the members present, as well as of those 
 voting on each question, must be recorded so as to 
 show whether each vote given was for or against the 
 question. 
 
DISTRICT COUNCIL. 75 
 
 (vii) Every question at a meeting is to be decided by a 
 majority of votes of the members present and voting 
 on the question, 
 (viii) In case of an equal division of votes, the chairman has 
 a second or casting vote, 
 (ix) The proceedings of a meeting of the council will not 
 be invalidated by any vacancy among the members, 
 or by any defect in the election of the council, or in 
 the election, selection, or qualification of any members, 
 (x) Minutes of proceedings at a meeting, and copies of 
 any orders made or resolutions passed at a meeting, 
 if signed by the chairman of that meeting or by the 
 chairman of the next ensuing meeting, are evidence in 
 all legal proceedings. 
 I^.B. — A district council, it would seem, can exclude the 
 general public or any particular member of the public from the 
 meetings of the council. ( Tenby Corporation v. Mason, " The 
 Times," Nov. 23rd, 1907.) 
 
 (iii) The council must at their annual meeting appoint a 
 
 chairman for one year, to preside at all meetings at 
 
 which he is present. 
 
 N.B. — There is no enactment preventing the chairman from 
 
 presiding at a meeting of the council for the election of a 
 
 chairman for the ensuing year, or from giving his casting vote 
 
 on such an occasion, even though he may be a candidate for 
 
 the office. 
 
 (iv) If the appointed chairman dies, or resigns, or becomes 
 incapable of acting, another must be appointed to take 
 his place for the remainder of the term of office, 
 (v) If the chairman is absent from any meeting at the time 
 appointed for holding it, the members present must 
 appoint one of their number to act as chairman of the 
 meeting. (Rules in Schedule I., P. H. Act, 1875.) 
 The chairman of a district council may be elected from outside 
 the coimcil (or board of guardians), provided that he is not 
 disqualified for holding the office under any of the pro'visions 
 of 8. 46, L. G. Act, 1894. (S. 59, sub-s. 1, L. G. Act, 1894.) 
 
 The council may appoint a vice-chairman from among their 
 number to hold office for a year, and he, in the absence or 
 
76 DISTKICT COUNCILS. 
 
 during the inability of the chairman, is to have the authority 
 of the chairman and to act in his place. (S. 59, sub-s. 2, 
 L. a. Act, 1894.) 
 
 The chairman, unless a woman or personally disqualified by 
 any Act of Parliament, is by virtue of his office to be a justice 
 of the peace for the county. He must, before acting as justice, 
 take the necessary oaths. (S. 22, L. Gr. Act, 1891.) But a 
 chairman who has been re-elected to the chairmanship of the 
 council on the expiration of the previous term of office may 
 continue to act as justice without again taking the oaths. 
 (Chairmen of District Councils Act, 1896.) 
 
 The council can appoint committees, consisting either wholly 
 or partly of members of the council. 
 
 A committee will not hold office beyond the next annual 
 meeting of the council, when fresh committees may be appointed. 
 
 The acts of a committee must be submitted to the council for 
 approval. 
 
 In the case of a committee appointed for any of the purposes 
 of the Public Health or Highway Acts, the council may 
 authorize it to institute any legal proceedings, or to do anything 
 the council might do except the raising of a loan, the making 
 of a rate, and the making of a contract. (S. 56, L. G. Act, 
 1894.) 
 
 The quorum, proceedings, and place of meeting of committees 
 must be as directed by the council. The chairman of a com- 
 mittee has a casting vote. (Part IV. Schedule, L. G. Act, 
 1894.) 
 
 A rural district council may, at a meeting specially convened 
 for the purpose, form a parochial committee for any contributory 
 place, for the administration of the P. H. Acts there. (S. 202, 
 P. H. Act, 1875.) 
 
 This committee may consist wholly of members, or partly of 
 members and partly, where there is a parish council, of parish 
 councillors (s. 15, L. Gr. Act, 1894), or partly, where there is no 
 parish council, of persons in the contributory places assessed to 
 poor rate. (S. 202, P. H. Act, 1875.) 
 
 Casual vacancies in this committee may be filled up by the 
 council within six weeks of their occurrence. (S. 203, P. H. 
 Act, 1875.) 
 
DISTRICT COUNCIL. 77 
 
 This committee is to be deemed the agent of tlie council, and 
 it can incur expenses in respect of the contributory place as the 
 council prescribe. It must report its expenditure to the council 
 when required to do so, and, if legally incurred, these expenses 
 must be discharged by the council. 
 
 The formation of a parochial committee will not relieve the 
 council of any of their lawful obligations. (S. 202, P. H. Act, 
 1875.) 
 
 But instead of appointing a parochial committee, a rural 
 district council may delegate similar powers to a parish council. 
 (S. 15, L. G. Act, 1894.) 
 
 Co-operation between Local Authorities. 
 
 On the application of the councils of any urban or rural 
 districts, the L. Gr. B. may by Provisional Order form their 
 districts, or any parts or contributory places of them, into a 
 United District under the government of a Joint Board. 
 
 A United District may be so formed for (a) procuring a 
 common water supply; (b) making a main sewer or carrying 
 into effect a system of sewerage for the use of the districts or 
 contributory places ; (c) any other purposes of the P. H. Act, 
 e.g., a joint burial ground. (S. 279, P. H. Act, 1875.) 
 
 The constitution, powers, duties, and liabilities of a Joint 
 Board will be as determined by the Provisional Order. 
 
 The Joint Board will exercise its powers and be subject to its 
 liabilities to the exclusion of and apart from the councils of the 
 component districts ; but the Joint Board may delegate to the 
 council of a component district the exercise of any of its powers. 
 (S. 281, P. H. Act, 1875.) 
 
 The cost of forming a Joint Board is a first charge on the 
 rates leviable in the United District. (S. 279, P. H. Act, 1875.) 
 
 The expenses of a Joint Board, unless otherwise directed by 
 the Provisional Order, must be defrayed out of a common fund 
 to be contributed to by the component districts or places in 
 proportion to the rateable value in each. 
 
 This value is to be ascertained from the valuation list in force 
 for the time being (s. 283, P. H. Act, 1875), and without any 
 deductions in respect of the properties which are entitled to a 
 reduced assessment under s. 211 and s. 2-30, I\ II. Act, 1875. 
 
78 DISTRICT COUNCILS. 
 
 {Darcnth Main Valley Sewerage Board y. Darfford Union (1887), 
 19 Q. B. D. 270 ; 56 L. J. U. B. 615.) 
 
 To obtain payment of the contributions from the component 
 districts, the Joint Board must issue its precept to each council, 
 stating the sum due and when and to whom it is to be paid. 
 
 In the case of a rural council this contribution is to be deemed 
 to be " general " expenses for the purposes of its recovery by 
 the Joint Board ; and to obtain payment of the sums due from 
 contributory places in a rural district, the Joint Board can issue 
 its precept for the amount to be paid to the overseers, and if the 
 precept is not complied with can proceed against the overseers 
 for the amount due. 
 
 If an urban district council fail to pay their contribution, the 
 Board can sue the council for the amount in an action of debt 
 (s. 284, P. H. Act, 1875), or it may proceed under s. 292, 
 sequitur. That is to say, the Joint Board can appoint an officer 
 to levy a rate on the ratepayers in the district or by issuing 
 precepts, if a rural council are in default, to the overseers for 
 the amount required. 
 
 In estimating the sum so required, the Joint Board is entitled 
 to make an addition of 10 per cent, to defray expenses of 
 collection. But any surplus, after the expenses have been paid, 
 must on the application of the defaulting council be refunded 
 by the Joint Board. (S. 292, P. H. Act, 1875.) 
 
 District councils may concur with other district councils or with 
 parish councils in appointing out of their respective bodies a Joint 
 Committee for any purpose in which they are Jointly interested. 
 
 The committee may be invested, with or without restrictions, 
 with any powers which the appointing councils could exercise 
 in their particular districts. 
 
 There cannot be delegated to a Joint Committee the power to 
 borrow money or to make a rate. 
 
 The Joint Committee will cease to hold office after fourteen 
 days from the next annual meeting of the councils who ap- 
 pointed it. 
 
 The expenses of a Joint Committee are to be defrayed by the 
 appointing councils in such proportions as may be agreed upon, 
 or, in case of dispute, as the County Council determine. (S. 57, 
 L. G. Act, 1894.) 
 
DISTRICT COUNCIL. 79 
 
 Provision was made by s. 53, L. Gr. Act, 1894, to meet the 
 case of an area in which, at the time when the L. Gr. Act, 1894, 
 came into force, any of the " Adoptive Acts " were in force, 
 which area was partly in a rural parish and partly in an urban 
 district. Until other provision was made, the powers under 
 these " Adoptive Acts " were to be exercised by a Joint Com- 
 mittee of the parish and district councils. 
 
 The " Adoptive Acts " referred to are — (a) the Lighting and 
 Watching Act, 1833 ; (b) the Baths and Washhouse Acts ; 
 (c) the Burial Acts ; (d) the Public Improvements Act, 1860; 
 and (e) the Public Libraries Acts. 
 
 When a Joint Committee is established in pursuance of s. 53, 
 L. Gr. Act, 1894, for the control of a bui'ial ground under the 
 Burial Acts, the expenses of the committee, any receipts, and 
 the money borrowed must be divided by the councils appointing 
 the committee in such proportion as they agree upon, or, in 
 default of agreement, as is settled by the County Council, or by 
 the L. G. B. if one of the councils is a county borough authority. 
 
 A council desirous of borrowing money for the expenses of 
 the Joint Committee must obtain the sanction of the L. G. B. 
 
 Any difference arising as to the constitution of this committee 
 is to be settled by the L. G. B. 
 
 The councils appointing this Joint Committee are to determine 
 by regulations the quorum, proceedings and place of meeting of 
 the committee. (L. G. (Joint Committees) Act, 1897.) 
 
 Apart from the above-mentioned provisions enabling the 
 formation of Joint Boards and Joint Committees, district councils 
 may combine for the purpose of executing and maintaining any 
 works that may be for the benefit of their respective districts. 
 
 All moneys which a council agree to contribute for defraying 
 expenses incurred in pursuance of a combination under this 
 section are to be defrayed as though they were incurred within 
 the district (s. 285, P. H. Act, 1875), i.e., in a rural district 
 they will be " general " or " special " expenses, according to the 
 definition in s. 229, P. H. Act, 1875. 
 
 A district council may, with the consent of the council of an 
 adjoining district, do in that district any of the works and 
 things they can do in their own district, on such terms, 
 
80 . DISTRICT COUNCILS. 
 
 monetary and otherwise, as are agreed upon between them. 
 (S. 285, P. H. Act, 1875.) 
 
 If.B. — S. 32, P. H. Act, 1875, with regard to sewage works and 
 the construction of sewers, and ss. 53 and 54, relating to works 
 for water supply outside the district, require that notice of the 
 intended works must be given to (amongst others) the council 
 of that district wherein the works are proposed to be carried out. 
 
 The sanction required by s. 285 is in addition to the notices 
 required to be given by ss. 32, 53, 54 (supra), and does not 
 relieve a council from the obligation of complying with any of 
 those enactments. {Jones v. Conway and Cohcyn Bay Joint 
 Water Siipjyly Board, (1893) 2 Ch. 603 ; 62 L. J. Ch. 767.) 
 
 In Withington L. B. v. Manchester Corporation, (1893) 2 Ch. 
 19 ; 62 L. J. Ch. 393, it was held that the powers, given by 
 s, 131, P. H. Act, 1875, to provide a hospital were not limited 
 by this s. 285, and that it was not necessary for a local authority 
 proposing to erect a hospital on their own land which was in the 
 district of another local authority to get that adjoining autho- 
 rity's consent. In this case Chitty, J., declined to define what 
 were the " works and things " referred to in s. 285 ; but his 
 decision that " the building and providing of a hospital by a 
 local authority on their own ground in an adjoining district are 
 not the kind of works and things to which s. 285 was intended 
 to apply " was approved of by the Court of Appeal. 
 
 The Public Health and Local Government (Conferences) Act, 
 1885, provides for the expenses incurred by representatives of a 
 district council in attending public health conferences being 
 paid out of the rates. 
 
 Regulations have been made by L. G. B. Orders of the 13th 
 May, 1891, and 28th December, 1896, which are to the following 
 efPect : — 
 
 (a) These expenses are only to be paid for attendance at a 
 
 Central Conference, or at a conference convened for an 
 area including the district from which the representa- 
 tives of the council are sent, and which is held at a 
 place not distant more than 100 miles from the district. 
 
 (b) The attendance of the council's representatives at a con- 
 
 ference must be expressly authorized by a resolution 
 of the council ; and four days' notice in writing of the 
 
DISTRICT COUNCIL. 81 
 
 proposed resolution must be given to every member 
 before the meeting at which this resolution is brought 
 forward. 
 
 (e) Not more than two representatives can be sent ; and if 
 the conference is held at a place more than fifty miles 
 distant, only one representative may be sent. 
 
 The council can determine by resolution how many copies of 
 a conference report shall be bought. 
 
 L. Gr. B.'s AND County Council's Powers over District 
 
 Council. 
 
 The L. G-. B. can, on the application of a district council, 
 repeal or alter the whole or any part of a local Act in force in 
 the district, except an Act for the conservancy of rivers, or an 
 Act which confers powers or privileges on persons for their 
 pecuniary benefit in regard to public health matters. 
 
 The repeal or alteration of a local Act must be by Provisional 
 Order ; and this Order may extend the application of the local 
 Act, or may exclude any portion of the district from its 
 application. (S. 303, P. H. Act, 1875.) 
 
 It may here be remarked that the P. H. Acts, 1875 and 
 1907, are in addition to, and not in derogation of, the enactments 
 contained in any local Act in force in a district. (S. 341, P. H. 
 Act, 1875, and s. 11, P. H. Act, 1907.) 
 
 When the provisions are similar, proceedings in respect of 
 them may be instituted by the council under either Act ; but a 
 person cannot be punished for the same offence under both 
 Acts, nor are the council exempt, by reason of a local Act, 
 from performing any duty imposed on them by the P. H. Act, 
 1875. (S. 340, P. H. Act, 1875.) 
 
 On the application of an urban district council, the L. Gr. B., 
 by order, can confer on the council or some other representative 
 body in the district the powers of appointing overseers and 
 assistant overseers, of revoking the appointment of assistant 
 overseers, and any powers, duties and liabilities of overseers; 
 also any powers, duties and liabilities of a parish council. 
 
 The L. G. B. Order will not alter the incidence of any rate. 
 (S. 33, L. G. Act, 1894.) 
 
 c. o 
 
82 DISTRICT COUNCILS. 
 
 An urban council have in many respects wider powers tlian a 
 rural council ; but a rural district council may be invested with 
 urban powers by the L. Gr. B. under s. 276, P. H. Act, 1875 ; 
 8. 5, P. n. Act, 1890 ; and s. 25, sub-s. 5, L. G. Act, 1894. 
 The L. G. B. may exercise this power on the application of the 
 district council, the County Council, or, if the matter relates to 
 a parish, on the application of the parish council. (S. 25, 
 8ub-s. 7, L. G. Act, 1894.) 
 
 On complaint being made to the L. Gr. B. that a district 
 council have neglected — 
 
 (a) to provide their district with sufficient sewers or to 
 
 maintain the existing sewers ; or 
 
 (b) to provide their district with a supply of water, in cases 
 
 where danger arises to the health of the inhabitants 
 from the insufficiency or unwholesomeness of the 
 existing supply, and a proper supply can he got at a 
 reasonable cost ; or that the council 
 
 (c) have made default in enforcing any of the provisions of 
 
 the P. H. Act, which it is their duty to enforce ; 
 
 the L. Gr. B., if satisfied, after enquiry held, that the complaint 
 is well founded, can make an Order limiting a time in which the 
 district council must perform that duty. This Order may be 
 enforced by mandamus of the High Court (disobedience to which 
 would be contempt of Court on the part of the members of the 
 council), or the L. Gr. B., in case of a continuance of the 
 council's neglect, can appoint some person to give effect to the 
 Order, and may direct what remuneration and what sums for his 
 expenses incurred shall be paid to him by the defaulting council. 
 (S. 299, P. H. Act, 1875.) 
 
 The County Council have similar powers of compelliDg a 
 rural district council to perform their duties on complaint being 
 made by a parish council that the district council have made 
 default in any of the matters referred to in s. 299 (supra), or 
 that the district council have failed to maintain a highway in 
 the parish in a good and substantial manner. (S. 16, sub-s. 2, 
 L. O. Act, 1894.) 
 
 The County Council may, however, resolve that the powers 
 and duties of the district council shall be transferred to them- 
 
EDUCATION. 83 
 
 selves, instead of making an order on the district council under 
 s. 299. (S. 16, sub-s. I, L. a. Act, 1894.) 
 
 Similarly, if a district council have refused or failed to take 
 proceedings on the representation of a parish council that a 
 public right of way has been stopped or obstructed, or that an 
 unlawful encroachment has been made on a roadside waste, the 
 County Council may, on the petition of the parish council, take 
 over the district council's powers in the matter. (S. 26, sub-s. 4, 
 L. G. Act, 1894.) 
 
 When a County Council resolve to take over a district council's 
 powers — 
 
 (a) they must send a notice of the resolution to the district 
 
 council and to the L. G. B. 
 
 (b) The expenses incurred by the County Council are a debt 
 
 due from the district council, and the district council 
 can raise the necessary money for defraying them. 
 
 (c) The County Council may for the pui-pose of the powers 
 
 transferred borrow money on behalf of the district 
 council on the security of the funds or rates under 
 the district council's control. 
 
 (d) The County Council can charge that fund or rate with 
 
 the payment of the principal and interest of the money 
 borrowed, and the district council must pay it as 
 though they had raised the money. 
 
 (e) The County Council can afterwards vest in the district 
 
 council the powers, &c. which were temporarily 
 
 transferred. 
 
 Where a rural district is in different counties, a parish council 
 
 may make the complaint referred to above to the council of the 
 
 county in which the parish is situate. (S. 63, L. G. Act, 1894.) 
 
 Education. 
 
 Education Act, 1902, and the District Council. 
 
 The Education Act, 1902, constituted the County Council 
 and the council of the county borough the local education 
 authority ; but the council of an urban district, with a popula- 
 tion of 20,000, or of a borough, with a population of over 
 10,000, are the local education authority for the district or 
 
 o2 
 
84 DISTRICT COUNCILS. 
 
 borough. The powers and duties of an urban district council, 
 which are the local education authority, are so numerous and 
 complex as to be outside the scope of this book. 
 
 The County Council may make arrangements with a district 
 council to manage a school in their district on such terms and 
 subject to such conditions as may be agreed upon between 
 them. (S. 20.) 
 
 The powers exerciseable by the district council under the 
 Education (Blind and Deaf Children) Act, 1893, and the 
 Elementary Education (Defective and Epileptic Children) Act, 
 1899, have been transferred to the County Council by the 1902 
 Act. (Schedule II.) 
 
 Where a school appears to the County Council to serve a 
 particular area, the County Council may give the local authority 
 of that area (in the Act referred to as the "minor local 
 authority ") a share in the appointment of the managers of the 
 school. 
 
 The "minor local authority" may be a borough council, 
 urban district council, or parish council, or, where there is no 
 parish council, the parish meeting, (S. 24.) 
 
 S. 6 of the Act provides that, in the case of a provided school, 
 the County Council can appoint fom* of the managers and the 
 " minor local authority " two. In the case of the non-provided 
 schools, of the two managers (not including the foundation 
 managers), one will be appointed by the County Council, and 
 one by the minor local authority. 
 
 If the County Council, as they may do, group schools under 
 one body of managers, they must make provision for the due 
 representation of the " minor local authorities " on the body of 
 managers. (S. 12.) 
 
 Any district council may expend, in the form of an education 
 grant, money out of the rates for supplying or aiding the supply 
 of education other than elementary education. (S. 3.) 
 
 iV.-S.— This section preserves to a district council the power 
 of encouraging the kind of education they could assist in 
 supplying under the Technical Instruction Acts, 1889 and 1891, 
 which are repealed by the Education Act, 1902. 
 
 The amount which can be spent on this object in one year is 
 limited to the product of a rate of Id. in the pound. (S. 3.) 
 
EDUCATION. 85 
 
 These grants cannot be made conditional on any particular 
 form of religious instruction or worsliip being given or used in 
 a school or other institution to which the grant is made. (S. 4.) 
 
 The grant may be used or made for the training of teachers, 
 or for supplying or aiding the supply of any education except 
 where given at a public elementary school. (S. 22, sub-s. 3.) An 
 evening school carried on under the regulations of the Board of 
 Education is not an elementary school. (S. 22, sub-s. 1.) The 
 council can make this provision for higher education outside 
 their area if they consider it expedient for the interests of their 
 own area ; and they may pay or assist the payment of fees of 
 students ordinarily resident in the council's area at schools or 
 colleges in or outside their area. The council may provide 
 scholarships with this grant. (S. 23, sub-s. 2, Education Act, 
 1902.) 
 
 The form of financial statement which is to be prepared and 
 submitted by an urban district council, not being a local 
 education authority, aiding or supplying higher education, is 
 contained in a L. G. B. circular, 24th December, 1905. 
 
 Museums and Gymnasiums. 
 
 An urban district council which have adopted the Museums 
 and Gymnasiums Act, 1891, can provide their district with a 
 museum or gymnasium, or both. The Act can be adopted 
 wholly, or so far as it relates to a museum, or so far as it relates 
 to a gymnasium. (S. 3.) A museum or gymnasium can be 
 provided with all the necessary apparatus, and the council can 
 erect the necessary buildings. (S. 4.) Land may be purchased 
 in the manner provided by ss. 175 — 177, P. H. Act, 1875, or 
 the council, with the sanction of the L. G. B., may appropriate 
 for the purpose of a museum or gymnasium any land vested in 
 them or at their disposal. (S. 11.) 
 
 N.B. — The council can turn a swimming-bath provided by 
 them into a gymnasium during certain months of the year. 
 (See p. 24.) 
 
 A museum provided by the council under this Act must be 
 open to the public, free of charge, not less than three days 
 a week : though subject to this restriction, the council may 
 make a charge for admission on other days and may let the 
 
86 DISTRICT COUNCILS. 
 
 museum or any room in it to persons, gratuitously or for a fee, 
 for a lecture, exhibition, or for purposes of education or in- 
 struction. The person to whom the place is let for such 
 purposes cannot make a charge for admission without the 
 council's consent. (S. 5.) 
 
 A gymnasium must be open to the public, free of charge, at 
 least two hours a day during five days a week. But, with this 
 exception, the council can make a charge for admission and may 
 regulate its use by gymnastic classes. 
 
 For not more than two hours a day the exclusive use of it 
 may be granted to any person for gymnastics for such pay- 
 ment and on such conditions as the council think fit. 
 
 Further, the council may, for not more than twenty-four 
 days in a year and not for more than six consecutive days, 
 close the gymnasium and grant the use of it, for a charge or 
 free of charge, for any public purpose. The council can allow 
 the person to whom it is let to charge for admission on such 
 occasions. (S. 6.) 
 
 A museum or gymnasium can be closed for repairs ; but the 
 council must give a fortnight's notice of their intention to close 
 it, by placard or notice affixed to the door of the building or 
 by some other means. (S. 8.) 
 
 The council can make bye-laws (to be approved by L. Gr. B.) 
 and regulations for (a) fixing the times when a museum or 
 gymnasium is to be open free of charge ; (b) giving special 
 facilities to students for the use of the museum ; (c) fixing the 
 fees payable for the use of the museum in a special manner ; 
 
 (d) regulating the use of a gymnasium and fixing the charges ; 
 
 (e) settling the duties of the officers, instructors and servants 
 of the council ; (f) prescribing the conditions on which the 
 exclusive use of the museum, or any room in it, or the 
 gymnasium is to be granted ; and generally. (S. 7.) 
 
 The council can employ and pay officers, servants and 
 gymnastic instructors. (S. 9.) 
 
 A museum or gymnasium which is, after seven years, found 
 to be unnecessary or too expensive, may, with the sanction of 
 the L. G. B., be sold by the council. The proceeds of the sale 
 must go to the repayment of any money borrowed for the 
 establishing or maintenance of the bmlding; or, if no such 
 
EDUCATION. 87 
 
 debt is outstanding, to any other purpose to which capital 
 moneys may be applied and of which the L. Gr. B. approves. 
 (S. 12.) 
 
 The amount a council can expend in a year on a museum or 
 a gymnasium provided under this Act is limited in respect to 
 either to the sum produced by a rate of |r/. in the pound. 
 
 The fees and charges received for the use of the place are to 
 be applied to defraying the expenses of maintenance, and any 
 deficit is to be paid out of the general district rate. 
 
 Separate accounts of receipts and expenditure must be kept. 
 
 The council can borrow money for the purposes of this Act, 
 subject to the restrictions on borrowing contained in the P. H. 
 Act, 1875. (S. 12.) 
 
 Public Libraries, &c. 
 
 On adopting the Public Library Act, 1892, an urban district 
 council become the " library authority " of the district, and the 
 district a " library district." 
 
 The council can thereupon provide and maintain all or any 
 such institutions as a public library, museum, school for science, 
 school for art, or an art gallery. 
 
 For this pui'pose they have the same powers of purchasing or 
 appropriating lands as under the Museums and Gymnasiums 
 Act, 1891 {supra). The council can also, with the sanction of 
 the L. G. B., sell or exchange lands for others better adapted 
 for the purposes of this Act, and let any buildings they have 
 acquired for a library, &c. which are not at the time required. 
 The money arising from such sale or letting must be applied to 
 the execution of this Act. (S. 12.) 
 
 Land held for ecclesiastical, parochial, or charitable purposes 
 may, to the extent of one acre, be sold or given to a council for 
 the purpose of a library, &c. if the authorities governing the 
 transfer of such land consent. (S. 13.) 
 
 iV.^.— The Libraries Acts of 1893 and 1901 are to be 
 construed with the P. L. Act, 1892. 
 
 The Board of Education may make a grant to an urban 
 district council who have become a " library authority " towards 
 the purchase of a site for, or the erection, enlargement, or 
 repair of a school for science or art, or house for a teacher of 
 
88 DISTEICT COUNCILS. 
 
 such school. This grant must be applied by the council as the 
 Board du-eets. (S. 17.) 
 
 The general management and control of a library, &c. will 
 be in the council. They can provide books, newspapers, maps, 
 specimens of art and science. 
 
 They can appoint salaried officers and servants, and make 
 regulations for the safety and use of the building. 
 
 Or the council can delegate their powers under this s. 15 to 
 a committee, which need not necessarily be composed of members 
 of the district council. (S. 15, P. L. Act, 1892.) 
 
 When the 1892 Act has been adopted for two or more neigh- 
 bouring urban districts, the respective councils can combine and 
 agree upon sharing the expenses of carrying the Act into 
 execution. In such case they may appoint a Joint Committee 
 and delegate to it any of the powers and duties of a " library 
 authority," except the power to borrow money. People who 
 are not district councillors can be appointed to this committee. 
 (S. 4, P. L. Act, 1893.) An urban " library authority " can 
 also combine with the " library authority " of a rural area to 
 share the expense of providing and maintaining a library, &c. 
 in one of the areas. (S. 5, P. L. Act, 1901.) 
 
 Bye-laws can be made (to be approved by L. G. B.) for 
 regulating the use of a library, &c., and for the protection of 
 its contents, for security against loss of, or injury to, books by 
 the persons using them, and for the exclusion of offenders 
 against the Library Offences Act, 1898. (S. 3, P. L. Act, 1901.) 
 
 This 1898 Act is applied to any library, &c. provided by the 
 council (s. 4, P. L. Act, 1901), and anyone guilty of disorderly 
 behaviour, obscene language, gambling, and refusing to leave 
 a Kbrary, &c. after the hour fixed for closing can be prosecuted 
 summarily. 
 
 No charge can be made for admission to a public library, &c. 
 provided under this Act, except in the case of a lending library, 
 when persons who are not inhabitants of the district may be 
 charged for the use of books. (S. 11, P. L. Act, 1892.) 
 
 JV.B. — Special provision has been made by s. 7 of the P. L. 
 Act, 1901, with regard to a museum. If the Museums and 
 Grymnasiums Act, 1891, and the P. L. Act, 1892, have been 
 adopted in an urban district, a museum provided under the 1892 
 
ELECTION OF COUNCILLORS. 89 
 
 Act may be treated as a museum provided under the 1891 Act, and 
 the provisions of the 1891 Act {supra) will apply to that museum. 
 The advantage of this enactment lies in the fact that a council 
 vein then be able to make charges for admission to, and for the 
 use of, the museum, which they cannot do under the P. L. Act, 
 1892, and so make the museum contribute in some way towards 
 the expense of its maintenance. 
 
 The expenditure of a council, under the P. L. Acts, is limited 
 each year to a rate of Id. in the pound (s. 2, P. L. Act, 1892), 
 though the council, when resolving to adopt the Act, can further 
 resolve that this limit shall not exceed a rate of Id. or ^d. in 
 the pound. This resolution may be altered or abolished by a 
 subsequent resolution, but in no case can the Id. limit be 
 exceeded. (S. 2, P. L. Act, 1893.) 
 
 The expenses can be defrayed out of the general district rate, 
 or a separate library rate may be levied. (S. 18, P. L. Act, 
 1892.) 
 
 The council's accounts must be kept and audited, and the 
 council have the same borrowing powers as under the P. H. Act, 
 1875. (Ss. 19 and 20, P. L. Act, 1892.) 
 
 The expenses of repairing damage to a library, &c. caused by 
 subsidence are not to be reckoned for the purpose of the above- 
 mentioned limit on the rate. (S. 10, P. L. Act, 1901.) 
 
 Election of Councillors. 
 
 The election of a district councillor is regulated by the rules 
 contained in the L. Gr. 13. 's Urban District Councils Election 
 Order and Kural District Councils Election Order of 1898. In 
 many respects the provisions of these two Orders are identical, 
 and they are summarized below. 
 
 The clerk of the council is the Returning Officer for the pur- 
 pose of an election. He may appoint in writing a deputy 
 Returning Officer. If the clerk is unwilling or unable to act, 
 the district council may appoint some other person to act as 
 Returning Officer. 
 
 Notice of an election must be given by the Returning Officer 
 not later than the second Friday in March, or, if the first 
 
90 DISTRICT COUNCILS. 
 
 Monday in April is Easter Monday, not later than the first 
 Friday in March. 
 
 N.B. — This rule applies to ordinary elections. See infra as 
 to first elections (e.g., when a new district is created or additional 
 members are assigned to a district) and elections for filling up 
 casual vacancies. 
 
 A candidate must he nominated in writing. 
 
 The Eeturning Officer must provide nomination papers free 
 of charge to any parochial elector applying for them. In a 
 rural district, the Returning Officer must also supply the over- 
 seers with nomination papers ; and parochial electors can get 
 these papers either from the Returning Officer or the overseers 
 free of charge. 
 
 The nomination paper must state the candidate's surname 
 and other names in full, his place of abode and description, and 
 whether he is qualified as a parochial elector, or by having 
 resided in the district during the whole of the twelve months 
 preceding the election. 
 
 The nomination paper must be signed by two parochial 
 electors of the district or ward, or (in a rural district) of the 
 parish or other electoral area, as proposer and seconder. 
 
 The name of more than one candidate must not be inserted 
 in the same nomination paper. 
 
 iV.-B. — A nomination paper may be filled in with the can- 
 didate's name after it has been signed by his proposer and 
 seconder. {Cox v. Lewies, (1898) 2 Q. B. 202 ; 67 L. J. Q. B. 
 92o.) 
 
 A parochial elector (a) must not sign more nomination papers 
 than there are councillors to be elected for the district, ward, or 
 parish (as the case may be) for which the election is to be held ; 
 
 (b) must not sign a nomination paper for a district, ward, or 
 parish unless he is registered therein as a parochial elector; 
 
 (c) must not sign nomination papers for more than one ward or 
 parish. 
 
 Should (a) and (c) be infringed, the first of the nomination 
 papers received by the Returning Officer will alone be valid, 
 provided that it is not invalid through not being properly filled 
 up and signed. 
 
 Nomination papers must be sent to the Returning Officer, 
 
ELECTION OF COUNCILLORS. '91 
 
 and must be received by bim not later than 12 o'clock noon on 
 tbe Thursday following the day on which notice of election was 
 given. A paper received after that time will not be a valid 
 nomination paper. 
 
 The Returning Officer will decide on the validity or invalidity 
 of the nomination paper. His decision is final. He must send 
 notice of his decision to the candidate not later than the Friday 
 following. A statement as to the persons nominated must be 
 made out and published by the Returning Officer not later than 
 the Saturday following. 
 
 A candidate may withdraw on giving notice in writing to 
 the Returning Officer. 
 
 This notice of withdrawal must reach the Returning Officer 
 not later than twelve o'clock noon on the Tuesday following the 
 day on which the notice of an election was given. 
 
 The day of election will be the first Monday in April, or, if 
 that is Easter Monday, the last Monday in March, unless the 
 County Council for some special reasons fix another day. 
 
 If the number of candidates with valid nominations is equal 
 to the number of vacancies to be filled there will be no poll, and 
 the candidates will be declared elected. 
 
 If the number of candidates with valid nominations is less 
 than the number of vacancies, these candidates will be declared 
 to be elected, and those retiring councillors who were highest 
 at the poll at their election will be declared to be deemed 
 re-elected in order to fill up the deficiency. 
 
 If there are no valid nominations of candidates there will be 
 no poll, and the retiring councillors will be declared to be 
 re-elected. 
 
 A poll will be held if the number of valid nominations exceeds 
 the number of councillors to be elected. 
 
 Public notice of the poll must be given by the Returning 
 Officer five clear days at least before the day of election. 
 
 If there are only two candidates, each of them may appoint 
 one polling agent for each polling station. If there are more 
 than two candidates, any number of them, not being less than 
 one-third of their number, can appoint one polling agent for 
 each station. 
 
 A polling agent may be paid or unpaid. He must be 
 
92 DISTRICT COUNCILS. 
 
 appointed in writing, and Ms appointment must be delivered 
 at the office of the Returning Officer not later than two clear 
 days before the poll. 
 
 Each candidate may appoint an agent to represent him at 
 the counting of the votes. The name and address of such 
 agent must be sent to the Eetuming Officer one clear day 
 before the opening of the poll. 
 
 If there is an equality of votes the Returning Officer or 
 deputy Returning Officer who counts the votes, if a parochial 
 elector, can give a casting vote, but he must not otherwise vote 
 at the election. If he is not a parochial elector, or is unwilling 
 to vote, he must determine by lot which of the candidates who 
 have tied shall be elected. 
 
 Should a casual vacancy arise an election must be held, and 
 a person elected to hold office until the time when the councillor 
 whose place he takes would, in the ordinary course, have gone 
 out of office. 
 
 A casual vacancy is created by the non-acceptance of office by 
 a councillor who has been elected or declared to be re-elected. 
 It also occurs on the death or resignation of a councillor, or on 
 a councillor becoming disqualified for remaining in office. 
 
 The election must be held within one month after notice in 
 writing of the vacancy has been given to the chairman or the 
 clerk by two councillors. But no election need be held if the 
 vacancy occurs within six months before the ordinary day of 
 retirement from the office in which the vacancy occurs ; and the 
 vacancy will then be filled up at the next ordinary election. 
 
 The Returning Officer is to fix the day of election on a day 
 within one month after the above-mentioned notice of a vacancy 
 has been given. 
 
 Notice of an election must be given not later than fourteen 
 days before the day of election ; but in the case of a first 
 election, the day of election is to be fixed (subject to any special 
 directions in the County Council's Order) on a day not later 
 than six weeks from the date on which the Order comes into 
 operation. 
 
 Nomination papers must be received by the Returning Officer 
 not later than twelve o'clock noon on the fourth day after the 
 day on which notice of the election is given. 
 
ELECTION OF COUNCILLORS. 93 
 
 The Returning Officer must decide on the validity of papers, 
 and publish his statement of persons nominated on the last day 
 for the receipt of nomination papers. 
 
 A candidate may give notice of withdrawal not later than 
 twelve noon on the fourth day after the last day for the receipt 
 of nomination papers. 
 
 If there is to he a poll, notice of the poll must be given five 
 clear days before the day of election. 
 
 In the event of there being more than one casual vacancy to 
 be filled up at the same election (not being an ordinary election), 
 and there is a poll, the candidate elected by the smallest number 
 of votes is to be deemed to be elected in the place of that 
 councillor who in the ordinary course would have first gone out 
 of ofiice ; and the candidate elected by the next smallest number 
 of votes is to be deemed to be elected in the place of the coun- 
 cillor who would next have gone out of office, and so on. 
 
 For example : — Of A. and B., two members of a district 
 council, A. dies and B. resigns office, thereby creating casual 
 vacancies. A. when he died had two years, and B. when he 
 resigned had one year, before his term of office was over. C. 
 and D. are elected in their place. C. heads the poll, and will 
 therefore be deemed to be elected in the place of A., who had 
 the longest term of office to serve. 
 
 If there is no poll for filling up the casual vacancies, it will 
 be for the council to decide the order of rotation in which the 
 incoming councillors shall go out of office. 
 
 If there is an equality of votes, the council must determine 
 by ballot who is to be deemed to fill the casual vacancy. 
 
 When there are one or more casual vacancies to be filled up 
 at an ordinary election of councillors (a casual vacancy created 
 six months before the natural expiration of the term of office 
 will be filled up at the ordinary election), the successful can- 
 didates elected by the fewest votes are to be deemed to fill the 
 casual vacancies. 
 
 For example : — If there are two vacancies in a district or 
 ward, one of which is caused by the expiration of the three 
 years' term of office, and the other is caused by the resignation 
 of a councillor six months before his term of office was over — of 
 the two candidates elected to fill the vacancies, the one elected 
 
94 DISTRICT COUNCILS. 
 
 by the fewest number of votes will be deemed to be elected to 
 fill the casual vacancy. 
 
 The L. G. B. by an Order of 20th November, 1894, has 
 prescribed a scale of expenses payable by the district council 
 in respect of elections. 
 
 In urban districts these expenses are to be defrayed out of 
 the district rate or fund. If, however, the polls for the election 
 of urban district councillors and of guardians are taken together, 
 as they may be, then the district council are to pay haK the 
 expenses. 
 
 In rural districts the expenses, including the sums payable to 
 the Returning Officer, incurred in relation to a poll are to be 
 paid by the district council, but are to be charged to the parish 
 and raised as " general " expenses are. If a poll for rural 
 district councillors and parish councillors is taken together, the 
 district council must pay half the expenses. 
 
 Any sums payable by the rural council in relation to an 
 election (apart from the poll), are to be defrayed as follows : — 
 (a) if the election is an ordinary election, as " general " 
 expenses; (b) if not an ordinary election, the sums payable 
 are to be raised in the parish for which the election is held as 
 " general " expenses, provided that when such sum is payable 
 in respect of two or more parishes, it is to be apportioned 
 between them according to the number of parochial electors 
 registered in each. 
 
 Certain sections — 34, 35, 36, 37, 239 — of the Municipal 
 Corporations Act, 1882, have been adapted so as to apply to the 
 acceptance of office and resignation by district councillors. 
 (S. 48, Local Grovernment Act, 1894, and Fifth Schedule to 
 Urban District Councils Elections Order, 1898.) 
 
 Every qualified person elected or deemed to be re-elected to 
 a district council (unless exempt by s. 34, Municipal Corporations 
 Act, 1882, or otherwise) must accept office by making and 
 subscribing the required declaration within one month after 
 receiving notice from the Returning Officer of election or re- 
 election, or he must pay such fine (not exceeding 50/.) as the 
 district council may by their regulations determine. 
 
 If there are no regulations determining this fine, it will be 20/. 
 
 It can be recovered by the council summarily. In a rural 
 
ELECTION OF COUNCILLORS. 95 
 
 district it must be paid to the credit of the parish for which 
 the person fined was elected. 
 
 Persons exempted by s. 34, Municipal Corporations Act, 1882, 
 are — a person disabled by lunacy or imbecility of mind, or by 
 deafness, blindness, or other permanent infirmity of body, or 
 any person who, having within five years before the day of 
 election served the office for the particular district or other area, 
 claims exemption within ten days after receiving notice of 
 election or re-election. 
 
 JY.B. — The Returning Officer is required by the Election 
 Orders Rules to send to the person elected or re-elected a 
 notice of the result of the poll or the election. 
 
 A person nominated and elected without his consent is not 
 liable to a fine for non-acceptance of office. 
 
 Non-acceptance of office creates a casual vacancy. 
 
 If a person is elected in more than one ward (or in a rural 
 district, in more than one parish), he cannot accept office for 
 more than one of these electoral areas. And if he accepts 
 office in one, or pays the fine for non-acceptance in respect of 
 one, he is not liable for a fine in respect of any other. 
 
 A candidate who has been elected for more than one ward or 
 parish can make his choice as to which he will represent on the 
 council. 
 
 A person elected or re-elected must not act as district coun- 
 cillor until he has made and subscribed the declaration accepting 
 office. 
 
 The declaration may be made and subscribed in the presence 
 of two district councillors or of the clerk of the council ; or, if 
 the councillor is absent from the United Kingdom, he can make 
 it before a British Consul, in which case it must be sent forth- 
 with to the clerk of the council. 
 
 A person is liable to a fine of 20/., which is recoverable by 
 action, for each occasion he acts as a district councillor without 
 having made the declaration. 
 
 A district councillor can resign at any time by giving notice 
 in writing signed by him to the clerk, and on payment of the 
 non-acceptance fine. 
 
 A rural district councillor is, with respect to resignation, in 
 the same position as a guardian (s. 48, sub-s. 4, Local Govern- 
 
96 DISTRICT COUNCILS. 
 
 ment Aot, 1894), and his resignation must be tendered to and 
 accepted by the L. G-. B. (S. 11, Poor Law Amendment Act, 
 1842.) 
 
 The council must then declare the office vacant, and signify 
 that fact by notice in writing signed by three members of the 
 council and countersigned by the clerk. This notice must be 
 affixed to the outside gate or door of the council's offices, and 
 the office thereupon becomes vacant. 
 
 Part lY. of the Municipal Corporations Act, 1882, relating 
 to corrupt practices and election petitions, has been adapted, by 
 the Elections Orders, 1898, to district council elections. 
 
 An election may be questioned by an election petition on the 
 ground that it was avoided by corrupt practices, or that the 
 person who was elected was disqualified at the time of his 
 election, or that the successful candidate was not elected by a 
 majority of lawful votes. 
 
 A petition on the ground of corrupt practices may be pre- 
 sented at any time within six weeks after the day of election ; 
 a petition on the other grounds must be presented within 
 twenty-one days after the election day. 
 
 The petition can be presented either by four or more parochial 
 electors who voted, or had the right to vote, at the election, or 
 by a person who was a candidate at the election. 
 
 The petition must be presented in accordance with the 
 Supreme Court Rules, 1883 ; and at the time of presenting the 
 petition, or within three days after, a petitioner must give 
 security for costs, either by a deposit or by recognisance, to the 
 amount of 50/., unless the Court orders a lesser or a higher 
 amount. 
 
 In the event of a difficulty arising with respect to the election 
 of any individual councillor, and there is no provision for 
 holding another election, the County Council can order a new 
 election to be held. (S. 48, sub-s. 5, Local Government Act, 1894.) 
 
 N.B. — The Local Government (Elections) Act, 1896, which 
 has been continued in force till 31st December, 1908, empowers 
 the Coimty Council, in case of a difficulty arising out of the 
 election of a district councillor, or in case no election is held, or 
 if a district council is not perfectly constituted, to appoint 
 members or to direct an election to be held. 
 
EXPENSES. 97 
 
 Expenses. 
 How ARE AN Urban Council's expenses defrayed ? 
 
 The expenses of an urban district council, when not otherwise 
 provided for {e.g. the water rate leviable under s. 56 and the 
 highway rate under s. 216, P. H. Act, 1875, and the library 
 rate under the Public Libraries Act, 1892), are defrayed out 
 of the general district rate. But those rates — the General 
 Improvement Rate, the General Sewer Rate for the maintenance 
 of sewers, and the Special Sewer Rate for the construction of 
 new sewers — being of the nature of a general district rate, 
 which improvement commissioners as the predecessors of the 
 urban council were authorized to levy, may be continued by the 
 district council. (S. 207, P. H. Act, 1875.) A general district 
 rate may be levied in addition to any of the above-mentioned 
 rates. (S. 210, P. H. Act, 1875.) 
 
 N.B. — Expenses incurred under P. H. Act, 1907, are to be 
 defrayed in the same manner. (S. 4, P. H. Act, 1907.) 
 
 The moneys received from the rate must be carried to the 
 account of the " district fund," and a separate account must be 
 kept by the treasurer of all payments into and from this fund, 
 called the " district fund account." (S. 209, P. H. Act, 1875.) 
 
 The general district rate must be in writing and under the 
 seal of the council. It can be made and levied either prospec- 
 tively to meet future expenses, or retrospectively in order to 
 raise money for the payment of expenses incurred within six 
 months before the rate was made ; and in calculating this 
 period, the time during which any appeal or other proceeding 
 relating to the rate is pending is to be excluded. (S. 210, P. H. 
 Act, 1875.) 
 
 N.B. — " The principle is that these bodies are only entitled 
 to charge upon future ratepayers present expenditure so far as 
 they have statutory borrowing powers; the effect of their 
 borrowing powers is to enable them to charge instalments of 
 present expenditure upon future ratepayers, and borrowing 
 powers are granted upon the understanding that the capital 
 expenditure benefits future ratepayers. Subject, therefore, to 
 their borrowing powers, corporations and bodies of this character 
 
 C. H 
 
98 DISTRICT COUNCILS. 
 
 have no right to charge future ratepayers with present expendi- 
 ture." (Channell, J., Smith v. Sovthampton Corporation, (1902) 
 2 K. B. 253 ; 71 L. J, K. B. 639.) 
 
 The council cannot enforce payment of a rate made retro- 
 spectively on account of expense incurred by the council beyond 
 the six months limit. {Saul v. Wigton R. S. A. (1886), 56 L. T. 
 438.) 
 
 Where, however, a dispute between an urban and a rural 
 council had arisen in 1895 and continued till 1897, when legal 
 proceedings were taken and ended in favour of the urban 
 council, the Court, under the circumstances, compelled the rural 
 council to make a rate to satisfy the urban council's judgment, 
 although the rate would be levied in respect of expenses more 
 than six months old. {R. v. Leigh R. D. C, (1898) 1 Q. B. 
 836 ; 67 L. J. Q. B. 562.) 
 
 Seven days before the day on which the rate is intended to 
 be made, public notice must be given of the intention to make 
 the rate, of the time when it is intended to be made, and of the 
 place where a statement of the proposed rate can be inspected. 
 (S. 210, P. H. Act, 1875.) 
 
 For the purpose of assessment the council can inspect and 
 take copies of valuation lists or any book relating to the poor 
 rate. (S. 212, P. H. Act, 1875.) 
 
 The rate is levied on the occupier of the property according to 
 the poor law assessment. 
 
 (A.) But in certain cases, at the option of the council, an 
 urban council may resolve that the ouner and not the occupier 
 shall be rated. These cases are — 
 
 (a) when the rateable value of the premises liable to assess- 
 
 ment does not exceed 10/. ; or 
 
 (b) when the premises are let to weekly or monthly tenants ; or 
 
 (c) when the premises are let in separate apartments, or 
 
 where the rents are paid at any shorter period than 
 quarterly. 
 There are, however, two provisos which must be observed 
 when the council resolve to rate the owner in any of the above 
 oases : — 
 
 (i) The owner must be assessed on a reduced estimate, not 
 less than two-thirds or more than four-fifths of the net 
 
EXPENSES. 99 
 
 annual value of the premises, as the council deem 
 reasonable. 
 iV.5. — This proviso only applies where there is an occupier 
 of the premises. 
 
 (ii) If the council resolve, as they can do, that the owner 
 
 shall be rated lohether the ^^remises are occupied or not, 
 
 the owner must be assessed on one-half of the net 
 
 annual value. (S. 211, sub-s. 1, P. H. Act, 1875, and 
 
 It. V. Barclay/ (1882), 8 Q. B. D. 306, 486; 51 
 
 L. J. M. C. 47.) 
 
 N.B. — The object of the sub-section and its provisos is to 
 
 assure to the council an otherwise doubtful payment of the rate, 
 
 and to give to the owner (who has to pay the rate regularly in 
 
 respect of premises from which he may be receiving rents 
 
 irregularly), the benefit of being rated on a reduced assessment. 
 
 {E. V. Barclay {ubi supra.)) 
 
 (B.) With regard to the following kinds of property the 
 persons rated must be assessed on one-fourth only of the net 
 annual value of the property : — 
 
 (a) The owner of tithes or of a tithe commutation rent-charge. 
 
 (b) The occupier of land used as arable, meadow or pasture- 
 
 ground only, or as woodlands (s. 211, sub-s. 1), or 
 
 orchards (Rating of Orchards Act, 1890), or allotments 
 
 (Allotments Exemption Act, 1891), or market gardens, 
 
 or nursery grounds, or the occupier of any land covered 
 
 with water, or used only as a canal- or towing-path, 
 
 or as a railway constructed under an Act of Parliament 
 
 for public conveyance. (S. 211, sub-s. 1.) 
 
 N.B. — The Agricultural Rates Act, 1896, contains a definition 
 
 of agricultural land which includes inter alia "land used as 
 
 iirable, meadow and pasture ground." In a case under this Act 
 
 it was held that buildings used for agricultural purposes were 
 
 not "agricultural land." (Smith v. Richmond, (1899) A. C. 
 
 4^8; 68 L.J. Q. B. 898.) 
 
 The reduced assessment provided for in the Agricultural Rates 
 Act does not apply to the general district rate. 
 
 A bhooting tenant does not occupy " laud used as arable, 
 pasture or woodlands." {Alton U. D. C. v. Spicer, (1904) 1 K. B. 
 678 ; 73 L. J. K. B. 280.) Sporting rights are rateable under 
 
 h2 
 
100 DISTRICT COUNCILS. 
 
 the Rating Act, 1874. When sporting rights are let separate 
 from the occupation of the land, either the owner or lessee of 
 the sporting rights may be rated in respect of them, 
 
 A market garden, though it is entirely covered with glass- 
 houses, is within the exception. {Purser v. Worthing L. B. 
 (1887), 18 Q. B. D. 818 ; 56 L. J. M. 78.) 
 
 " Land covered with water " includes an artificial reservoir 
 used by a water company for storing water. (Hampton U. D. C. 
 V. Sout/iwark and Vauxhall Water Co. (1889), 1(3 T. L. R. 60.) 
 
 " Railway " includes a light railway constructed under the 
 Light Railways Act, 1896. ( Wakefield Light Railwaij v. Wake- 
 field Corporation (1907), 76 L. J. K. B. 634.) 
 
 A tram road is a " railway " for the purposes of a reduced 
 assessment. {Blackpool and Fleetwood Tram road Co. v. Thornton 
 U. D. C, (1907) 1 K. B. 568 ; 76 L. J. K. B. 492.) 
 
 " Land used as a railway " means those things without which 
 the railway could not be carried on as a highway; c.r/., plat- 
 forms, but not such things as a covered cab diive to the station, 
 or cattle pens. {L. and N. W. Bail. Co. v. Llandudno Com- 
 missioners, (1897) 1 Q. B. 287 ; 66 L. J. Q. B. 2'62.) 
 
 (C.) Property in an urban district exempted by a local Act 
 from being rated for any of the purposes for which a general 
 district rate can be made under the P. H. Act, 1875, is to 
 continue to be exempted unless the L. Gr. B., by provisional 
 order otherwise directs. (S. 211, sub-s. 1.) 
 
 But any limit of amount imposed on a rate by a local Act 
 does not apply to a rate levied under the P. H. Act, 1875. 
 (S. 227, P. H. Act, 1875.) 
 
 A rate is not to be charged on any person in respect of 
 premises while they are unoccupied. (S. 211, sub-s. 2, P. H. 
 Act, 1875.) 
 
 N.B. — This sub-section does not apply when the council have 
 resolved in pursuance of sub-s. 1, supra, to rate the owner, 
 whether the premises are occupied or unoccupied. {B. v. Barclay 
 (1882), 8 a B. D. 486; 51 L. J. M. C. 47.) 
 
 If premises are occupied for any portion of the period for 
 which the rate was made, and before it has been fully paid, the 
 name of the incoming tenant must be inserted in the rate, and 
 he must pay such portion of the rate as is in proportion to the 
 
EXPENSES. 101 
 
 time he has occupied the premises. (S. 211, sub-s. 2, P. H. 
 Act, 1875.) 
 
 Similarly, an owner or occupier ceasing to be owner or 
 occupier before the end of the period for which the rate was 
 made, and before it is fully paid off, is only liable to pay in 
 proportion to the time he was the owner or occupier. The new 
 owner or occupier also, as the case may be, is likewise only 
 liable in respect of the time he is in possession of the premises 
 during the unexpired period for which the rate was made. 
 (S. 211, sub-s. 3, P. H. Act, 1875.) 
 
 An urban district council may (it is quite optional on the 
 part of the council [Dorling v, Epsom L. B. (1855), 2^ L. J. M. C. 
 152) ), divide their district, or any street in it, into parts for 
 any of the purposes of the P. H. Act. These divisions may be 
 abolished or altered. A separate assessment may be made on 
 each division, and then the division is to be exempt from any 
 other assessment. But any expenses incurred in respect of the 
 divisions in common must be apportioned between them in a 
 fair and equitable manner. (S. 211, sub-s. 4, P. H. Act, 1875.) 
 
 The object of this provision is to enable an urban council 
 to relieve the agricultural portions of their district from the 
 expense of certain works, e.g., paving and lighting, from which 
 they do not receive the same benefit as the urban portions. (Per 
 Field, J., Oxenhope L. B. v. Bradford Corporation (1882), 47 
 L. T. 344.) 
 
 Before making a rate the council must cause an estimate to 
 be prepared of the amount of money required, showing the 
 sums of the several purposes for which the rate is made, the 
 rateable value of the assessable property, and the amount of 
 rate in the pound necessary. This estimate, if approved by the 
 council, is to be entered in the rate book, where it is to be open 
 to inspection (s. 218), and persons interested may take copies 
 of it (s. 219). This estimate is not to be deemed to be part of 
 the rate or to affect its validity. (S. 218, P. H. Act, 1875.) 
 
 The council can amend the rate by inserting or striking out 
 the name of the person claiming to be, or who ought not to have 
 been assessed, or by lowering or increasing the amount if they 
 consider that the person has been over or under assessed. 
 
102 DISTRICT COUNCILS. 
 
 A person aggrieved by an amendment can appeal to Quarter 
 Sessions. 
 
 An amended rate which increases the rate, or newly inserts 
 the name of a person by whom it is to be paid, does not become 
 payable until seven days after the ratepayer has received notice 
 of the amendment. (S. 221, P. H. Act, 1875.) 
 
 When tlie name of an owner or occupier is not known, he can 
 be designated in the rate as " owner " or " occupier." (S. 220, 
 P. H. Act, 1875.) 
 
 All rates (except private improvement rates) made under the 
 P. H. Act must be published by affixing them to the church and 
 chapel doors in the district. (S. 222, P. H. Act, 1875.) 
 
 The council, if they consider that premises were sufficiently 
 drained before the construction of a new sewer by the council, 
 may make a deduction from the amount of rate chargeable on 
 the premises of such sum, and for such time, as they think just. 
 (S. 224, P. H. Act, 1875.) 
 
 Further, the council may reduce or remit the payment of a 
 rate on account of the poverty of the person liable to pay it. 
 (S. 225, P. H. Act, 1875.) If a ratepayer pays more than he 
 is liable to pay, it seems the council must refund the excess. 
 (See judgment of Wills, J., in Keeton v. Sheffield Coal Co.^ 
 infra.) 
 
 A rate which the person assessed has not paid when it is due, 
 and after demand for payment has been made, can be recovered 
 by the council by summary proceedings (s. 256, P. H. Act, 
 1875), unless he can show a sufficient cause for non-payment. 
 
 In Sheffield Waterworks Co. v. Mayor o/ Sheffield (1885), 55 
 L. J. M. C. 40, the company, after the district rate had been 
 made, successfully appealed to the Assessment Committee for a 
 reduction. The company tendered to the corporation the rate 
 due on the reduced assessment. The corporation took out a 
 summons for the original rate. It was held that there was a 
 sufficient cause for non-payment by the company of the whole 
 rate. 
 
 Proceedings for the recovery of a rate must be taken within 
 six months from the date when the cause of complaint, i.e., non- 
 payment after lawful demand, has arisen. (S. 11, Summary 
 Jurisdiction Act, 1848.) 
 
EXPENSES. 103 
 
 In Keeton v. Sheffield Coal Co., (1901) 2 K. B. 26 ; 70 L. J. 
 K. B. 374, payment of a rate was demanded from the company. 
 Subsequently the assessment had been reduced on an appeal. 
 Payment of the reduced rate was then demanded, and a 
 summons was taken out to enforce payment. It was held that 
 the six months began to run from the date when the demand for 
 the amended rate was not complied with, and not from the 
 demand of the original rate. 
 
 The rate book is prima facie evidence of the making and 
 validity of the rates. (S. 223, P. H. Act, 1875.) 
 
 The P. H. Act, 1875, and other Acts, in many instances, 
 provide for expenses incurred by the council being declared 
 " private improvement expenses " and being defrayed out of a 
 "private improvement rate." 
 
 This private improvement rate is in addition to any other 
 rate that may be levied by the council on the same person. 
 
 It must be sufficient, with interest not exceeding 5 per cent, 
 per annum, to discharge the private improvement expenses in 
 the period (which must not exceed thirty years) determined 
 upon by the council. 
 
 The owner for the time being of the premises must pay the 
 rate for any part of this period during which the premises are 
 unoccupied. (S. 213, P. H. Act, 1875.) 
 
 The owner or occupier of premises which are assessed to a 
 private improvement rate may redeem it by paying to the 
 council the expenses for which the rate was made. (S. 215, 
 P. H. Act, 1875.) 
 
 N.B. — The owner is brought in because s. 214 empowers a 
 tenant to make a deduction from rent in respect of private 
 improvement rates paid by him. 
 
 This money must be applied by the council in defraying 
 expenses incurred by them in any works of private improve- 
 ment, or in discharging loans borrowed by the council to meet 
 those expenses, by means of a sinking fund or otherwise for 
 paying off the principal. (S. 215, P. H. Act, 1875.) 
 
 A private improvement rate need not be published. (S. 222, 
 P. H. Act, 1875.) 
 
 N.B. — These provisions relating to private improvement rates 
 
104 DISTRICT COUNCILS. 
 
 apply equally to rural district councils. (S. 232, P. H. Act, 
 1875.) 
 
 In an urban district (when there is no local Act, e.g., an 
 improvement Act providing for the repair of highways), the 
 cost of repair of highways is to be defrayed as follows :— 
 
 (i.) When the whole district is rated for works of paving 
 the cost is to be defrayed out of the general district 
 rate, 
 (ii.) When parts of the district are not rated for such works, 
 the cost of repairing highways in those parts is to be 
 defrayed out of a highway rate to be separately 
 assessed on those parts. The cost of repairs in the 
 rest of the district is to be paid from the general 
 district rate, 
 (iii.) When no works of paving are established in the district, 
 the cost of repairs of highways is to be defrayed out 
 of a general highway rate. (S. 216, P. H. Act, 
 1875.) 
 A single act of edging a path with curb-stones was held not 
 to be an establishing of public works of paving. {OxenJiope L. B. 
 V. Bradford (1882), 47 L. T. 344.) 
 
 How ARE A Rural Council's expenses defrayed ? 
 
 A rural district council can, by a resolution to be approved 
 by the L. (j. B., constitute any portion of their area a special 
 drainage district for the purpose of charging it exclusively with 
 the expenses of works of sewerage, water-supply, or other works 
 which may be declared to be " special " expenses. Such an 
 area then becomes a separate " contributory place." (S. 277, 
 P. H. Act, 1875.) 
 
 The expenses of a rural district council are divided into 
 (a) *' general " expenses, and (b) " special " expenses. 
 
 (a) " General " expenses are payable out of a common fund 
 to be raised out of the poor rate of the parishes in the 
 district, according to the rateable value of each con- 
 tributory place. They include : — 
 
 (i.) the expenses of the establishment and offices of 
 the council ; 
 
EXPENSES. 105 
 
 (ii ) the expenses of disinfection and of providing 
 conveyance for infected persons ; 
 
 (iii.) all other expenses not determined by Act of 
 
 Parliament or by L. G. B. Order to be " special " 
 
 expenses. (S. 229, P. H. Act, 1875.) 
 
 The expenses incurred in carrying out the provisions of the 
 
 Infectious Disease Prevention Act, 1890, are to be defrayed as 
 
 "general" expenses. (S. 20, Infectious Disease Prevention 
 
 Act, 1890.) 
 
 Expenses under the P. H. Act, 1907, are to be defrayed as 
 " general " expenses, unless the L. Gr. B. directs the contrary. 
 (S. 4, P. H. Act, 1907.) 
 
 (b) " Special " expenses are a separate charge on each con- 
 tributory place. They include : — 
 
 (i.) the expenses of the construction, maintenance 
 and cleansing of sewers in any contributory place ; 
 
 (ii.) the expenses of providing a water-supply and 
 of the maintenance of the necessary works so far as 
 the expenses are not defrayed out of water-rates or 
 rents ; 
 
 (iii.) the charges and expenses arising out of the 
 possession of property transferred to a rural council in 
 trust for a contributory place ; 
 
 (iv.) all expenses payable by the council in respect 
 
 of a contributory place which the L. Gr. B. orders to 
 
 be defrayed as " special " expenses. (S. 229, P. H. 
 
 Act, 1875.) 
 
 N.B. — The expenses of a rural council incurred in putting 
 
 into operation Part III. of the Housing of the Working Classes 
 
 Act, 1890 (see "Housing"), will be defrayed as "special" 
 
 expenses unless the County Council direct them to be paid as 
 
 "general" expenses. 
 
 The L. Gr. B. can, on the application of a rural council which 
 have adopted those provisions of Part III., P. H. Act, 1890, 
 which are applicable to iniral districts, order the expenses in- 
 curred under Part III. to be defrayed as " special " expenses. 
 (S. 49, P. H. Act, 1890.) The L. G. B., further, can direct 
 that any expenses under the Local Government Act, 1894, 
 which the Board has determined to be " special " expenses, shall 
 
106 DISTRICT COUNCILS. 
 
 be raised as " general " expenses are raised, and not by a 
 separate rate as provided for in s. 230, P. H. Act, 1875, infra. 
 (S. 29 [b], Local Government Act, 1891.) 
 
 Expenses incuiTed by a rural council under s. 14, Factory 
 and Workshop Act, 1901, are to be defrayed as "special" 
 expenses. The expenses incurred under the Open Spaces Act, 
 1906, will be defrayed as " special " expenses. 
 
 When any works are done for the common benefit of two or 
 more contributory places, the council can apportion the expenses 
 to be paid by each place in such manner as the council think 
 just. The overseers of a contributory place can, within twenty- 
 one days after notice of the apportionment, complain to the 
 L. Q-. B. against it. (S. 229, P. H. Act, 1875.) 
 
 The provisions (supra) applying in the case of urban councils 
 to the payment of " private improvement expenses " apply 
 equally in the case of rural district councils. (S. 232, P. II. Act, 
 1875.) 
 
 Highway expenses are " general " expenses (s. 29, Local 
 Grovernment Act, 1894) ; but a rural council can charge the 
 expense of maintenance of the highways in a contributory place 
 on that place should exceptional circumstances so require (s. 7, 
 Highways and Locomotives Act, 1878), and drift- ways and 
 occupation-ways may be made repairable at the expense of a 
 particular parish. (S. 36, Highway Act, 1862.) 
 
 When highway expenses would, but for the Local Govern- 
 ment Act, 1894, have been defrayed in a parish or other area 
 out of any property or funds {e.g., a charity for the upkeep of 
 roads) other than rates, the council must give the benefit of that 
 property or fund to the parish by way of reduction of the rates 
 on the parish. (S. 29 [d]. Local Government Act, 1894.) 
 
 For the purpose of obtaining payment from the several con- 
 tributory places, the council must issue their precept to the 
 overseers, requiring them to pay to the council the amount 
 specified in the precept. 
 
 The amounts required respectively for " general " and 
 " special " expenses must be distinguished in the precepts, or 
 the council can issue a separate precept for each. 
 
 The overseers must pay the amount required for " general " 
 expenses out of the poor rate of their respective parishes. 
 
EXPENSES. 107 
 
 They must raise the amount required for " special " expenses 
 by levying a separate rate in the same manner as though it was 
 a poor rate, with this exception, that — (i.) the owner of tithes 
 or of a tithe commutation rent- charge ; (ii.) the occupier of land 
 used as arable, meadow, pasture, woodlands, orchards and 
 allotments, market gardens and nursery grounds; (iii.) the 
 occupier of land covered with water, or used as a canal, or 
 towing-path, or as a railway, must be assessed and must pay on 
 one-fourth only of the rateable value. (S. 230, P. H. Act, 
 1875.) This reduced assessment only applies to the raising of 
 a rate for defraying " special" expenses, and not "general" 
 expenses. Where a rural council had been invested with 
 urban lighting powers under the first paragraph of s. 161, 
 P. H. Act, 1875, it was held that, inasmuch as the L. Gr. B. 
 had not directed the expenses of lighting to be " special " 
 expenses, a railway company were rightly assessed for " general " 
 expenses, and were not entitled to the reduced assessment on 
 " land used as a railway." {Lancashire and Yorkshire Rail. Co. 
 V. Bolton (1890), 15 A. C. 323; 60 L. J. Q. B. 118.) 
 
 A retrospective rate for expenses payable in a past rating year 
 is bad. {Croydon Corporation v. Croydon 11. D. C, (1908) 1 Ch. 
 222 ; 77 L. J. Ch. 138.) 
 
 Under the Agricultural Rates Act, 1896, the occupier of 
 agricultural land, as defined by the Act, is only liable to be 
 assessed on one-half of the rateable value of the land. The 
 provision of this Act does not apply to a rate to which the 
 occupier of agricultural land is liable to be assessed on one-half, 
 or less than one-half of the rateable value of his land. There- 
 fore this Act does not apply in the case of a general district 
 rate under s. 211, P. H. Act, 1875, or of a rate for " special " 
 expenses levied on the occupier of land used as arable, meadow, 
 pasture, &c. (see s. 230, P. H. Act, 1875) ; but it does apply to 
 a rate levied for " general " expenses. 
 
 The Agricultural Hates Act lias been continued in force till 
 1910 by the Agricultural Hates Continuance Act, 1901. 
 
 The overseers are responsible for the making and levying of a 
 rate in a rural district to satisfy the precepts of the district 
 council. At the end of their term of ofiice, the overseers must 
 pay to the council any surplus arising from a separate rate 
 
108 DISTRICT COUNCILS. 
 
 levied on a contributory place, and such surplus must be applied 
 in reduction of the next call made by the council on that 
 contributory place. (S. 230, P. H. Act, 187o.) 
 
 If the overseers fail to pay the amount of rate required and 
 within the time directed by the precept, the council's remedy is 
 a distress warrant against the overseers. (S. 231, P. H. Act, 
 1875.) 
 
 Factories. 
 
 A " factory " is a place where any of the manufactures 
 specified in s. 149, Factory and Workshop Act, 1901, as textile 
 manufactures, and in Part I. of Schedule VI. of the Act as 
 non-textile manufactures, are carried on. 
 
 (These lists are too long to be set out here.) 
 
 The following places of manufacture specified in Part II. of 
 Schedule YI. of the Act : — Hat works, rope works, bakehouses, 
 lace warehouses, shipbuilding yards, quarries, pit banks, dry- 
 cleaning works, carpet-beating works, bottle-washing works 
 (Factories and Workshop Act, 1901), and laundries carried on 
 by way of trade, or for the purpose of gain, or carried on as 
 ancillary to another business, or incidentally to the purposes of 
 any public institution (s. 1, Factory and Workshop Act, 1907), 
 are " factories " if steam power, water power, or mechanical 
 power is used in the process of manufactm^e, and " workshops " 
 if no such power is used. 
 
 " Workshop " means any premises, room or place, not being 
 a " factory," where any manual labour is exercised by way of 
 trade or for purposes of gain, in or incidental to — 
 
 (i.) The making of any article or part of any article ; or 
 (ii.) The altering, repairing, ornamenting, and finishing of 
 any article ; or 
 
 (iii.) The adapting of any article for sale ; 
 and to or over which premises, room or place the employer of 
 the persons working therein has the right of access or control. 
 
 " Workshop " also includes a " tenement workshop," i.e., a 
 place where two or more persons carry on work which would 
 constitute the place a " workshop " if they were in the employ- 
 ment of the owner or occupier of the place. (S. 149, Factory 
 and Workshop Act, 1901.) 
 
FACTORIES. 109 
 
 The district council must keep a register of all worksliops in 
 the district. (S. 131, Factory and Workshop Act, 1901.) 
 
 A " domestic " factory or workshop means a private house, 
 or room, or place which, though used as a dwelling, is, by reason 
 of the work carried on there, a " factory " or " workshop," and 
 in which neither steam, water, nor mechanical power is used, and 
 in which the only persons employed are members of the same 
 family dwelling there. (S. 115, Factory and "Workshop Act, 
 1901.) 
 
 Buildings used as factories or workshops, or where persons 
 are employed in any trade or business, must be provided with 
 sufficient and suitable sanitary conveniences, with separate 
 accommodation for the sexes. If it appears to the council on 
 the report of their surveyor that these conditions have not been 
 fulfilled, the council can require the owner or occupier of the 
 premises, by notice in writing, to make such alterations and 
 additions as may be necessary. There is a penalty for failure 
 to comply with such notice. (S. 22, P. H. Act, 1890.) 
 
 Section 9, Factory and Workshop Act, 1901, requires that 
 every factory and workshop shall be provided with proper 
 sanitary conveniences in accordance with the Home Office 
 requirements. This s. 9 does not apply in districts where s. 22, 
 P. H. Act, 1890, is in force ; and s. 22 is only in force in those 
 urban districts where it, or Part III., P. H. Act, 1890, has been 
 adopted by the district council. The result is, that s. 22 of the 
 1890 Act applies to factories in districts where the section is in 
 force, and that s. 9 of the 1901 Act applies to factories in other 
 districts. 
 
 A " factory " which is a nuisance can only be dealt with by 
 the factory inspector in the manner provided by the Factory and 
 Workshop Act, 1901 ; but a workshop, work-place, or *' domestic 
 factory " which is not kept in a cleanly state, or not properly 
 ventilated, or which is overcrowded, can be dealt with by the 
 district council as a nuisance under s. 91, P. H. Act, 1875. 
 (S. 2, Factory and Workshop Act, J 901.) 
 
 N.B. — There is no definition of " work-place " in the Act ; 
 but ttables and a cab yard, about which a number of men were 
 employed, were held to be a " work-place." {Bennett v. Harding, 
 (1900) 2 a B. a97; 69 L. J. Q. B. 701.) In this case, 
 
no DISTRICT COUNCILS. 
 
 Channell, J., said, " I think a work-place must be a place where 
 some work is perpetually or permanently done." 
 
 Workshops and work-places must be kept free from effluvia 
 arising from any drain, w.c, e.g., privy, urinal, or other 
 nuisance. If not so kept it can be dealt with by the council 
 as a nuisance. 
 
 The council also, on the certificate of the Medical Officer of 
 Health, or of the inspector of nuisances, that the lime- washing, 
 cleansing, or purifying of a workshop, cr any part of it, is 
 necessary for the health of the persons employed there, can by 
 notice in writing require the owner or occupier of the premises 
 to do the necessary work. On his making ' default after the 
 time specified in the notice, he is liable to a daily fine of 10«., 
 and the council can do the work and recover their expenses from 
 him summarily. (S. 2, Factory and Workshop Act, 1901.) 
 
 If the council fail to perform their duties under this Act or 
 under the P. H. Acts with regard to any factory or workshop, 
 the Home Secretary may by order authorize the factory inspector 
 to take the steps necessary to enforce those provisions. The 
 inspector will then be in the position of the council for remedy- 
 ing any defaults, and he can recover from the council all 
 expenses incurred by him in taking proceedings which he has 
 not recovered from the person proceeded against. (S. 4.) 
 
 A factory inspector must give notice in wiiting to the council 
 of any sanitary defects he finds in a factory or workshop which 
 are remediable under the P. H. Acts and not under this Act. 
 It is the duty of the council to make an inquiry into the subject 
 of the notice, and to take such action as seems proper to them 
 for enforcing the law. They must inform the inspector of these 
 proceedings. 
 
 If for a month after receipt of this notice the council fail to 
 take any steps to remedy the defect, the inspector can take the 
 proceedings the council might have taken, and can recover from 
 the council his expenses thereby incurred which he has not 
 recovered from any other person, and which hare not been incurred 
 in unsitccesn/ul proceedings. 
 
 For the purposes of this section the inspector may take with 
 him into a factory or workshop the Medical Officer of Health, 
 
FACTORIES. Ill 
 
 or other officer of the district council. (S. 5, Factory and 
 Workshop Act, 1901.) 
 
 For the purpose of their duties under this Act, and under the 
 law relating to public health, the district council and their 
 officers have the similar powers of entry, inspection, and of 
 taking legal proceedings as a factory inspector has under the 
 Act, e.g., they can enter any premises which they have reason to 
 believe are a workshop or factory. (S. 125, Factory and Work- 
 shop Act, 1901.) 
 
 The powers conferred on a district council by this Act are, 
 in the case of factories and workshops belonging to or in the 
 occupation of the Crown, to be exercised not by the council, but 
 by the factory inspector. (S. 149, Factory and Workshop Act, 
 19U1.) 
 
 Every factory and workshop constructed since January \st, 
 1892, and in which more than forty persons are employed, must 
 be furnished with a certificate from the district council that it is 
 provided with a reasonably sufficient means of escape in case of 
 fire. 
 
 The council must examine such factory or workshop, and on 
 being satisfied, must grant the certificate, which must specify in 
 detail the means of escape provided. 
 
 With regard to factories and workshops in which more than 
 forty persons are employed, and which were constructed before 
 January 1st, 1892, the council must from time to time ascertain 
 whether they have such means of escape in case of fire as are 
 reasonably necessary. If a place is not so provided, the council 
 must serve on the owner a notice in writing specifying what 
 measures are necessarj' for providing such means of escape, and 
 requiring him to carry them out within the time named in the 
 notice. If the notice is not complied with, the owner is liable 
 to a fine of 20.s'. a day ; but in case of a difference of opinion 
 between the owner and the council, the matter can be referred 
 to arbitration (in the manner provided by Schedule I. of the 
 Act) on the application of either party within one month after 
 the time when the difference arose. 
 
 The council's expenses under this eection are to be defrayed 
 in urban districts as expenses incurred in the general execution 
 of the P. H. Act, 1875, and in rural districts as " special " 
 
112 DISTRICT COUNCILS. 
 
 expenses, to be charged to the contributory place where the 
 particular factory or workshop is situated. (S. 14, Factory and 
 Workshop Act, 1901.) 
 
 A district council can make bye-laws (to be approved by 
 L. G. B.) providing for means of escape from fire in the case 
 of any factory or workshop. (S. 15, Factory and Workshop 
 Act, 1901.) 
 
 Lists of out- workers employed in the classes of trade specified 
 in the Home Office Order, 15th August, 1905 (see infra), must 
 be kept in the form prescribed in the Order by the occupier of a 
 factory or workshop and als.o by any contractor employed by 
 the occupier in his trade or business. 
 
 Copies of these lists must be sent to the district council by 
 the occupier and contractor twice a year — on or before the 
 1st of February and 1st of August. 
 
 The council must cause these lists to be examined, and must 
 furnish the name and place of work of every out-worker in the 
 list whose place of employment is in some other district to the 
 council of that district. 
 
 The lists which the occupier and contractor must keep can be 
 inspected by any officer duly authorized to do so by the council. 
 
 This .section applies to any place from uhich any work is given 
 out, as if that place were a workshop, e.g., a tailor's establish- 
 ment where no actual tailoring work is done, all such work 
 being given out to be done off the premises. 
 
 There is a penalty for the contravention of this enactment. 
 (S. 107, Factory and Workshop Act, 1901.) 
 
 The council can prohibit work being given out to be done in 
 an insanitary place. If the council give written notice to the 
 occupier of a factory, workshop, or any place where work is 
 given out (or to a contractor employed by the occupier), that 
 the place where the out-work is carried on is injurious or 
 dangerous to the health of the persons employed therein, he 
 will be liable to a 10/. fine if he gives out work to be done in 
 that place after a month from this notice, and if the Court finds 
 the place to be so injurious or dangerous to health. (S. 108, 
 Factory and Workshop Act, 1901.) 
 
 If the inmate of a house is sufi'ering from an infectious 
 disease, the council may make an order forbidding any work 
 
FACTORIES. 113 
 
 to which the Home Office Order {infra) refers, to he given out 
 to any person living or working in that house, or such part of 
 it as may be specified in the council's order. The order may 
 he served on the occupier of the factory, workshop, or any other 
 place where the work is given out, or on the contractor employed 
 by the occupier. The order may be made notwithstanding that 
 the patient has been removed from the house, and it must be 
 made either for a specified time or subject to the condition that 
 the house or part of it liable to be infected shall be disinfected 
 to the satisfaction of the Medical Officer of Health, or that 
 other reasonable precautions shall be adopted. 
 
 In a case of emergency, two or more members of the council 
 can make this order, acting on the advice of the medical officer. 
 
 There is a 10/. fine for contravening this order. (S. 110, 
 Factory and Workshop Act, 1901.) 
 
 N.£. — The infectious diseases referred to are those required 
 to be notified under the law for the time being in force in 
 relation to Notification of Infectious Disease. (See p. 223.) 
 
 N.B. — Classes of work to which ss. 107 and 108 {Hupm) apply 
 are — (1) making, cleaning, washing, altering, ornamenting, 
 finishing and repairing of wearing apparel, and the work inci- 
 dental thereto ; (2) making, ornamenting, mending, and finishing 
 of lace and lace curtains and nets ; (3) cabinet and furniture 
 making and upholstery work ; (4) making electro-plate ; (o) 
 making files; (6) fur-pulling; (7) making of cart gear, in- 
 cluding swivels, rings, and attachments of all kinds, and the 
 making of iron or steel cables, chains, anchors and grapnels, and 
 the making of locks, latches and keys ; (8) making paper bags 
 and boxes; (9) brush making; (10) making stuffed toys. 
 
 S. 110 applies to all the above with the exception of (7), and 
 with the exception of cabinet and furniture making : it further 
 applies to the making of covers for, and also the covering, 
 finishing, altering and repairing of umbrellas, parasols and 
 articles of a similar character. (Home Office Work Order, 15 th 
 August, 1905.) 
 
 The district council are the authority for enforcing the 
 provisions of ss. 97 — 100 {infra) of the Factory and Workshop 
 Act, 1901, with regard to the retail bakehouses in the district; 
 
 c. I 
 
114 DISTKICT COUNCILS. 
 
 and for this purpose the medical officer has the same powers of 
 entry, &c. as a factory inspector. 
 
 " Retail bakehouse," means a bakehouse or place not being a 
 "factory'' the bread, biscuits or confectionery baked in which are 
 sold not wholesale, but by retail in some shop or place occupied 
 with the bakehouse. (S. 102, Factory and Workshop Act, 1901.) 
 
 N.B. — A bakehouse will be a " factory " if steam-, water-, or 
 other mechanical power is used in the process of baking. 
 
 It is unlawful to let, to occupy, or to suffer to be occupied 
 any room or place as a bakehouse imless the following regula- 
 tions are complied with : — 
 
 (a) No water-closet, earth-closet, privy or ash-pit, must be 
 
 within, or communicate directly with, the bakehouse. 
 
 (b) Every cistern for supplying water to the bakehouse must 
 
 be separate and distinct from any cistern supplying 
 water to a water-closet. 
 
 (c) A drain or pipe for carrying off fsecal or sewage matter 
 
 must not have an opening within the bakehouse. 
 
 There is a penalty for a breach of any of these regulations, 
 and a daily penalty for so long as the offence continues after a 
 conviction. (S. 97, Factory and Workshop Act, 1901.) 
 
 A Court of summary jurisdiction, if satisfied in a prosecution 
 undertaken by the council that a room or place used as a bake- 
 house is in such a state as, on sanitary grounds, to be unfit for 
 use or occupation as a bakehouse, can order the means to be 
 adopted by the occupier for removing the ground of complaint. 
 (S. 98, Factory and Workshop Act, 1901.) This is in addition 
 to a penalty. 
 
 All inside walls of a bakehouse, and all the ceiling and tops 
 of the rooms, and all the passages and staircases of a bakehouse 
 must either be painted with oil, or varnished, or be lime- washed, 
 or they can be partly painted, or varnished, and partly lime- 
 washed. When painted or varnished, there must be three 
 coats, and it must be renewed once at least in seven years, and 
 must be washed with hot water and soap once every six months. 
 When lime-washed, it must be lime- washed once at least every 
 six months. 
 
 If this provision is contravened, the occupier of the bakehouse 
 can be dealt with under s. 135 of the Act, which imposes a 2U/. 
 
FACTORIES. 115 
 
 fine, and empowers a Court to order him to execute the works 
 required. (S. 99, Factory and "Workshop Act, 1901.) 
 
 A person must not occupy, or let, or allow to be occupied as 
 a sleeping place, a place on the same level with a bakehouse 
 and forming part of the same building, unless the sleeping place 
 is (a) effectually separated from the bakehouse by a partition 
 extending from floor to ceiling, and (b) has an external glazed 
 window of at least 9 superficial feet in area, of which half is 
 made to open for ventilation. (S. 100, Factory and "Workshop 
 Act, 1901.) 
 
 No underground place can be used as a bakehouse unless it 
 was so used at the passing of this Act ; and no such bakehouse 
 can any longer (since January 1st, 1904) be used unless certified 
 by the district council to be suitable for the purpose. It must 
 not be certified unless the council are satisfied with its con- 
 struction, lighting and ventilation. In the event of the council 
 refusing to give a certificate, the occupier of the place may, 
 within twenty-one days from the refusal, apply to a Court of 
 summary jurisdiction, and the Court has a discretion in giving 
 or refusing to give a certificate. 
 
 There is a penalty for contravention of this section. (S. 101, 
 Factory and "Workshop Act, 1901.) 
 
 An " underground bakehouse " means a bakehouse any room 
 of which used for baking is so situate that the surface of the 
 floor is more than 3 feet below the surface of the footway of the 
 adjoining street, or of the ground adjoining the room. (S. 101, 
 sub-s. 3, Factory and Workshop Act, 1901.) 
 
 The council of an urban district with a population of over 
 20,000 can, with the consent of the Home Office, make an order 
 fixing the closing hours for shops in the district. The hour 
 fixed must not be earlier than 7 p.m. on any day of the week, 
 except that on one specified day in the week the hour for closing 
 may be fixed at not earlier than 1 p.m. But no closing order 
 can be made affecting a fair lawfully held in the district, or a 
 bazaar for charitable purposes, or a post office, or chemist's, 
 tobacconist's, or newspaper shops, licensed premises, places where 
 refresliraents are provided for consumption on the premises, or 
 railway bookstalls or refreshment rooms. (Shop Hours Act, 
 1904.) 
 
 i2 
 
116 DISTRICT COUNCILS. 
 
 Fire Brigade. 
 
 An urban district council may provide fire engines and 
 escapes, may build or hire places for keeping engines and fire 
 appliances, may purchase or hire horses, may employ firemen 
 and make rules for their observance, and pay them salaries and 
 such rewards for their exertions in cases of fire as the council 
 think fit. (S. 171, P. H. Act, 1875, incorporating s. 32, Towns 
 Police Clauses Act, 1847.) 
 
 The word " provide " in the section includes the power to hire 
 additional assistance in case of fire ; and where the super- 
 intendent of a district council's fire brigade called in the 
 assistance of another fire brigade, it was held that he had 
 authority to do so, and that the council must pay for the 
 assistance. [James v. Staines U. D. C. (1900), 17 T. L. E. 2.) 
 
 N.B. — A rural district council will have power to provide 
 fire engines, &c. only if invested by the L. Gr. B. with the 
 powers given to urban councils by s. 171, supra. Otherwise, in 
 rural areas, the parish meeting have the exclusive right of 
 adopting the Lighting and Watching Act, 1833 (s. 7, Local 
 Government Act, 1894), and of providing fire engines and the 
 necessary apparatus to deal with fires in pursuance of that 
 enactment. 
 
 The owner of the premises where a fire has occurred must pay 
 to the council the expense incurred in sending the fire engine, 
 and also a reasonable sum for its use and for the attendance of 
 the firemen. Any dispute between the council and the owner 
 as to the charge, or as to the propriety of sending the fire 
 engine, is to be determined by two justices, whose decision is 
 final. (S. 171, P. H. Act, 1875, incorporating s. 33, Towns 
 Police Clauses Act, 1847.) 
 
 " Owner " means the landlord and not the tenant of the 
 premises. {Sale v. Phillips (1894), 10 T. L. R. 222.) 
 
 An urban council must provide fire plugs and the works 
 necessary for seeming an efficient supply of water in case of fire. 
 The council can make an agreement with a water company for 
 the purpose of supplying water. The situation of the fire plugs 
 must be marked on any wall near by. (S. 66, P. H. Act, 1875.) 
 
HIGHWAYS AND STREETS. 117 
 
 Part YIII. of the P. H. Act, 1907, contains further pro- 
 visions with regard to fire brigades of local authorities. This 
 Part of the Act is only in force in those districts to which it has 
 been applied by order of a Secretary of State. 
 
 Any member of the local authority's fire brigade being on 
 duty, and any officer of the local authority, may enter and 
 break into premises on fire, or reasonably supposed to be on 
 fire, without the consent of the owner or occupier, and may do 
 anything he deems necessary for extinguishing the fire, or for 
 rescuing any person or property. (S. 87, P. H. Act, 1907.) 
 
 The captain or superintendent of the local authority's fire 
 brigade, or other officer of the brigade in charge of the engine 
 or other apparatus attending at any fire in the district, has the 
 sole charge and control of all operations for putting out the fire, 
 whether by the local authority's fire brigade or any other fire 
 brigade. (S. 89, P. H. Act, 1907.) 
 
 Local authorities may make agreements with each other for 
 the common use of fire engines, with their appurtenances and 
 firemen, or for mutual assistance in case of fire. (S. 90, 
 P. H. Act, 1907.) 
 
 Highways and Streets. 
 Definitions. 
 
 A "highway" includes all roads, bridges, carriage-ways, 
 cart-ways, horse-ways, bridle-ways, foot-ways, cause-ways, 
 church- way 8 and pavements. (S. 5, Highway Act, 1835.) 
 
 A road does not cease to be a highway because it becomes a 
 cul de sac. {E. v. Burner/ (1875), 31 L. T. 828.) 
 
 A " street " includes any highway, bridge (not being a county 
 bridge), road, lane, foot-Avay, square, court, alley, or passage, 
 whether a thoroughfare or not. (S. 4, P. H. Act, 1875.) 
 
 " The interpretation clause includes under the word ' street ' 
 things which no one in ordinary language would call streets, 
 as, for instance, a highway which has not a house on either side 
 of it." (Lord Esher in Robinson v. Barton L. B. (1883), 21 
 Ch. D. 634; 53 L. J. Ch. 5.) 
 
118 DISTRICT COUNCILS. 
 
 Highways — by whom repairable. 
 
 Highways, with regard to the liability attaching to keep 
 them in repair, may be divided into — 
 
 (I.) highways repairable by the inhabitants at large, i.e., by 
 
 the district council ; 
 (H.) main roads and bridges carrying them, which are 
 repairable by the County Council ; 
 
 (III.) highways repairable by persons other than the high- 
 way authority under an Act of Parliament, or by 
 custom. 
 
 The urban district council (s. 144, P. H. Act, 1875), and the 
 rural district council (s. 25, sub-s. 1, Local Government Act, 
 1894), are the highway authority of the district, except so far 
 as the County Council retain the control of the mains roads in 
 the district. 
 
 I. Whether a highway is a highway " repairable by the in- 
 habitants at large" {i.e., by the district council), depends on 
 whether it has been dedicated by the owner to the public as a 
 highway repairable by them, or only as a highway over which 
 the public have the right of passage. This again depends on 
 the evidence of dedication in each particular ease, and whether 
 the way was or was not dedicated before the Highway Act, 
 1835. 
 
 Dedication may be by actual grant, or it may be inferred 
 from long and uninterrupted use of a way. If it is established 
 that a public right of way existed before the 1835 Act, the 
 liability to repair the highway attaches to the public. In such 
 case, " ' right ' of passage on a highway and ' duty ' to repair it 
 are co-extensive terms." (Wills, J., in Eyre v. Neia Forest 
 Highway Board (1892), 56 J. P. 517.) And in considering 
 whether a dedication has been made prior to 1835, it is 
 immaterial whether any repairs have ever been done by any- 
 body to the way; though if repairs had been done by the 
 parish before that date, it will be strong evidence that it was 
 dedicated as a highway repairable by the inhabitants at large. 
 (See judgment of Wills, J., ibidem.) 
 
 The formalities required by s. 23 (applicable to new highways) 
 and by ss. 84 — 92, Highway Act, 1835 (applicable to substituted 
 
HIGHWAYS AND STREETS. 119 
 
 highways), must be complied with in the case of highways 
 dedicated to the public since 1835. 
 
 An owner wishing to dedicate a new highway must give three 
 months' notice to the district council of his intention to dedicate. 
 The highway must be made up to the council's satisfaction, 
 and must be certified by two justices after having viewed it. 
 This certificate must be enrolled at Quarter Sessions ; and then, 
 after the highway has been used by the public for twelve 
 months, and kept in repair by the owner during that period, 
 it becomes repairable by the inhabitants at large. (S. 23, High- 
 way Act, 1835.) 
 
 Highways may become repairable by the inhabitants at large, 
 i.e., by the district council by any of these other following 
 means : — 
 
 (a) The district council can agree with a landowner for 
 
 making, at his expense, roads through his lands for 
 the use of the public. But if two-thirds of the council 
 so consent, the council may agree to pay him any 
 portion of his expenses in making the roads, and can 
 also agree that, on their completion, these roads shall 
 become highways repairable by the inhabitants at 
 large. (S. 146, P. H. Act, 1875.) 
 
 N.B. — The formalities of dedication required by s. 23, High- 
 way Act, 1835, supra, must be complied with. 
 
 (b) A highway substituted for a highway which has been 
 
 diverted or stopped up can become repairable by the 
 inhabitants at large. (See infra, p. 135.) 
 
 (c) Highways repairable by persons ratione temirae, or by 
 
 persons under statutory obligation to repair, may 
 become repairable by the inhabitants at large. (See 
 infra, p. 125.) 
 
 (d) An area which has been cleared of buildings in pursuance 
 
 of a reconstruction scheme under Part II. of the 
 Housing of the Working Classes Act, 1890, or as 
 part of an improvement scheme under Part I. of the 
 same Act, may be dedicated by the district council as 
 a highway repairable by the inhabitants at large. 
 (See Housing, pp. 211, 203.) 
 
120 DISTRICT COUNCILS. 
 
 (e) Private streets may be taken over by the district council. 
 
 (See infra, pp. 169, 179, 180.) 
 
 (f) A highway may also have been set out and made repair- 
 
 able by the inhabitants at lai'ge by an Inelosiu-e Act. 
 , An urban or rural district council can get rid of their liability 
 to repair an unnecessary highway by getting it stopped up in 
 the manner provided by ss. 84 — 92, Highway Act, 1835. (See 
 infra, p. 132.) But a rural district council can get an order of 
 justices declaring that a highway is unnecessary for public use 
 and not repairable at the public expense, and it will thereupon 
 cease to be so, although not stopped up. (S. 24, Highways and 
 Locomotives Act, 1878.) 
 
 The consent of the parish council (or if none, the parish 
 meeting) , is required for a declaration that a highway in a rural 
 parish is unnecessary for the use of the public. 
 
 This consent must be given as follows : the parish council 
 must give public notice of their resolution giving this consent, 
 and the resolution will not operate (1) unless it is confirmed by 
 the parish council at a subsequent meeting held not less than 
 two months after the notice, or (2) if a parish meeting, held 
 before this confirmation of the consent, resolve that the consent 
 ought not to be given. (S. 13, sub-s. 1, Local Grovemment 
 Act, 1894.) 
 
 N.B. — The same formalities are required in the case of the 
 consent of the parish council to the stopping up or diversion of 
 a public right of way, in a rural district. (S. 13, sub-s. 1, Local 
 Government Act, 1894.) 
 
 When the parish council's consent has been given, the district 
 council must apply to a court of the petty sessional division in 
 which the highway is situate, for two or more of the justices to 
 view it. If after such view the Court is of opinion that the 
 application ought to be proceeded with, notice in writing must 
 be given to the owners and occupiers of the land abutting on 
 the highway, and public notice must be given of the place and 
 time (not less than a calendar month after the notice), when the 
 Court will hear objectors. 
 
 N.B. — These notices must be given by the Court. 
 
 The applicant council must (1) advertise in a local newspaper, 
 once at least in each of the four weeks preceding the hearing, 
 
HIGHWAYS AND STREETS. 121 
 
 a notice of tlie time and place appointed for the hearing, and 
 the object of the hearing, together with a description of the 
 highway ; and (2) cause a copy of the notice to be affixed, at 
 least fourteen days before the hearing, to the principal doors of 
 every church and chapel in the parish where the highway is 
 situated, or in some conspicuous position near the highway. At 
 the appointed time and place the Court will hear the objections 
 (if any) to the application. Proof must be given to the Court 
 that the requisite notices have been given, and that the parish 
 council have given their consent to the declaration being made. 
 If the Court, by order, declares that the highway is unnecessary, 
 the highway will cease to be repairable at the public expense. 
 There is an appeal to Quarter Sessions against the order. 
 
 If on the application of a person interested in the mainten- 
 ance of a highway which has been declared unnecessary, after 
 that person has given one month's notice , in writing to the 
 district council, it appears to Quarter Sessions that from any 
 change of circumstances the road has become of public use, the 
 Quarter Sessions may order the liability of the public to repair 
 the road to be revived. (S. 24, Highways and Locomotives 
 Act, 1878.) 
 
 A drift- way, i.e., a way for cattle, or a private carriage-way 
 or occupation-way, i.e., a way made for the use of the occupiers 
 of farm lands, can, by order of justices on the application of a 
 rural district council, be made repairable at the expense of the 
 parish in which it is situated. (S. 36, Highway Act, 1862.) 
 The consent in writing of the owners and occupiers of every 
 part of the way in question must be obtained by the council 
 (S. 36, Highway Act, 1862) ; but a person who has merely a 
 right of way by the leave or license of the freeholder of the way 
 is not an " owner" or an " occupier" whose consent is necessary. 
 {E. v. Somers, (1906) 1 K. B. 326 ; 75 L. J. K. B. 144.) 
 
 A parish council can undertake the maintenance and repair 
 of any footpaths, not being at the side of a public road, within 
 the parish. But the assumption of this responsibility by the 
 parish council will not relieve the rural district council of 
 liability in respect of the repair of such paths. (S. 13, sub-s. 2, 
 Local Government Act, 1894.) 
 
 The County Council may contribute towards the maintenance, 
 
1.22 DISTKICT COUNCILS. 
 
 improvement and widening of highways and public footpaths 
 which are not main roads (s. 11, sub-s. 10, Local Government 
 Act, 1888) ; but this contribution (which is quite optional) may- 
 be made subject to such conditions as to the maintenance of 
 these roads as the County Council and district council may agi'ee 
 upon. (S, 26, sub-s, 3, Local Grovernment Act, 1894.) 
 
 II. A main road is a disturnpiked road. (S. 13, Highways 
 and Locomotives Act, 1878.) The footpaths at the side of it 
 are part of the main road. [Derbyshire C. C. v. Matlock Bath 
 U. D. a, (1896) A. C. 315 ; 65 L. J. Q. B. 419.) 
 
 The County Council can, on the application of a district 
 council, by order declare an ordinary highway to be a main road 
 if it is a medium of traffic between two great towns, or a 
 thoroughfare to a railway station, or for any other reason that 
 the County Council think fit. This order must be deposited 
 with the clerk of the peace, and must be confirmed within six 
 months by a further order of the County Council. (S. 15, 
 Highways and Locomotives Act, 1878.) 
 
 When the County Council declare a road to be a main road, 
 the declaration will not take efPeet until the road has been put 
 in proper condition and repair by the district council to the 
 County Council's satisfaction. (S. 11, sub-s. 7, Local Govern- 
 ment Act, 1888.) 
 
 In case of dispute as to whether the road has been put in 
 proper repair, either council can refer it to the arbitration of the 
 L. G. B. (S. 11, sub-s. 9, Local Government Act, 1888.) 
 
 The L. G. B. can, on the application of a County Council, by 
 order declare a main road to be an ordinary highway. (S. 16, 
 Highways and Locomotives Act, 1878.) This order need not 
 be confirmed by Parliament. But it cannot be made in respect 
 of a main road in a borough without the consent of the borough 
 council. 
 
 The order may be made in respect of any part of a main road. 
 (S. 4, Highways and Bridges Act, 1891.) 
 
 Main roads and the bridges carrying them (if these bridges 
 are not repairable by other persons) are repairable by the County 
 Council (s. 11, sub-s. 1, Local Government Act, 1888) ; and the 
 road, the materials, and all drains belonging to it vest in the 
 County Council, and where any sewer or drain is used in 
 
HIGHWAYS AND STEEETS. 125^ 
 
 connection with the drainage of a main road, the Comity 
 Council are to continue to have the right to use it for that 
 purpose. 
 
 In case of a difference between the County Council and the 
 district council as to which of them a drain is vested in, or as 
 to the use of a sewer or other drain, either council can have the 
 matter referred to the L. G. B. for arbitration. (S. 11, sub-s. 6, 
 Local Government Act, 1888.) 
 
 This sub-section preserves to the County Council the right of 
 using sewers, which by s. 13, P. H. Act, 1875, are vested in the 
 district council, carrying off the drainage of main roads. 
 
 An urban council could within twelve months of the 1888 
 Act coming into force, and can within twelve months of the 
 date when a road becomes a main road, claim to maintain a 
 main road, and in such case that main road is vested in the 
 district council. The County Council, however, must make an 
 annual payment to the district council towards the cost of the 
 maintenance and reasonable improvement of the road (s. 11, 
 sub-s. 2) ; and the amount must be such as is agreed upon by 
 the two councils, or, in case of disagreement, as may be settled 
 by the L. G. B. (S. 11, sub-s. 3, Local Government Act, 1888.) 
 
 The County Council and a district council may agree for the 
 undertaking by the district council of the maintenance, repair, 
 improvement and enlargement of a main road. Or if the 
 County Council so require, the district council must undertake 
 this obligation in consideration of such annual payment as is 
 agreed upon between them, or, in case of dispute, as is settled 
 by the L. G. B. (S. 11, sub-s. 4, Local Government Act, 1888.) 
 
 The amount of this annual contribution to be made by the 
 County Council must be determined at the close of each year, 
 and any dispute can only be settled by the L. G. B. {Sandgate 
 U. D. a V. Kent C. C. (1898), 79 L. T. 425.) But the County 
 Council need not make any payment unless satisfied that the 
 repairs or other improvements to the road have been properly 
 executed. (S. 11, sub-s. 5, Local Government Act, 1888.) 
 
 When a district council undertake the maintenance of a main 
 road in pursuance of s. 11, sub-s. 4, supra, they only acquire the 
 powers of a road authority so far as they are incidental to the 
 repairing of the road. The County Council remain the road 
 
124 DISTRICT COUNCILS. 
 
 authority, and are entitled to any surplus road materials from 
 the repair of the road. {Stockport Highway Board v. Cheshire 
 C. C. (1891), 61 L. J. Q. B. 22.) 
 
 If the district council are under an obligation to maintain a 
 main road, they must maintain it by whatever means are 
 appropriate and necessary for the purpose. This may involve, 
 in the case of a road by the sea, the repair of groynes and of a 
 sea wall to prevent the road from being washed away. {Sand- 
 gate U. D. a V. Kent 0. C. (1898), 79 L. T. 425.) 
 
 Maintenance of the road includes the removal of snow from 
 the road. {Amesbunj v. Wilts J J. (1883), 10 Q. B. D. 480 ; 
 52 L. J. M. C. 64.) 
 
 If the County Council are satisfied that any portion of a 
 main road, the maintenance of which has been undertaken by 
 the district council, is not in proper repair, they can give notice 
 to the district council to repair the road. If this notice is not 
 complied with within a reasonable time, the County Council 
 can do the necessary work and recover the cost as a debt due to 
 them by the district council. (S. 11, sub-s. 8.) Any dispute 
 as to this notice is to be referred for settlement to the L. G. B. 
 (S. 11, sub-s. 9, Local Grovernment Act, 1888.) 
 
 Any dispute arising under sub-ss. 3, 4, 9 of s. 11, Local 
 Gl-overnment Act, 1888, supra^ may be determined by the 
 L. Gr. B., either as arbitrator or otherwise, at the option of the 
 Board. (Determination of Differences Act, 1896.) 
 
 III. — (a) Some highways are by ancient custom repairable 
 by the occupier of the land abutting ; this is known as a liability 
 to repair ratione tenurae. 
 
 The claim that a person is bound to repair a highway ratione 
 tenurae must be founded on evidence of immemorial usage, 
 dating back before the reign of Richard I. But a grant from 
 the Crown of a later date may constitute a legal origin of an 
 obligation to repair ratione tenurae. So where, in 1773, an 
 owner of land had been granted a license by the Crown to stop 
 up an old highway on condition that he made a new one, and 
 that this new road was kept in repair by himself, his heirs and 
 assigns, it was held that this was sufficient to establish an 
 obligation ratione tenurae on an occupier of the estate to repair 
 
HIGHWAYS AND STREETS. 125 
 
 the substituted road. {Esher and Dittons U. D. C. v. Marks 
 (1902), 71 L. J. K. B. 309.) 
 
 It may happen that a person liable ratione tenurae is relieved 
 from having to pay rates for the repair of the highways in the 
 district. This depends on whether he is legally exempt by 
 s. 33, Highway Act, 1835. But there must be evidence of a 
 legal exemption ; and the mere fact that he is liable ratione 
 tenurae is not sufficient to show that there is an exemption from 
 contributing to the repairs of other highways in the district. 
 {Ferrand v. Bingley U. D. C, (1903) 2 K. B. 452 ; 72 L. J. 
 K. B. 734.) 
 
 If there is an exemption on this account, it will continue as 
 long as the liability ratione tenurae exists. When the liability 
 ceases, the exemption will cease. [Heath v. Weaverham Over- 
 seers, (1894) 2 Q. B. 108.) 
 
 This liability to repair ratione tenurae will cease on the shape, 
 termini, and chai-acter of the road being altered. [R. v. Barker 
 (1890), 25 Q. B. D. 213 ; 59 L. J. M. 0. 105.) 
 
 A person liable to repair a highway ratione tenurae can apply 
 to justices for an order relieving him of this liability. The 
 justices can fix a sum — an annual or a lump sum — to be paid 
 by him to the highway authority in full discharge of all claims 
 that may be made thereafter in respect of the maintenance and 
 repair of the highway. The highway will thereupon become 
 repairable by the district council. (S. 35, Highway Act, 1862.) 
 It makes no difference that the justices have fixed a nominal 
 and totally inadequate sum to be paid in composition ; and if 
 the occupier of lands liable to repair a highway ratione tenurae 
 was legally exempt from highway rates, this order relieving him 
 of his liability will not deprive him of his exemption. {Dalton 
 Overseers v. North-Eastern Rail. Co., (1900) A. C. 345; 69 
 L. J. Q. B. 650.) 
 
 When a highway repairable ratione tenurae is widened (under 
 B. 82, Highway Act, 1835), or is diverted or stopped up (under 
 88. 85 and 92, Highway Act, 1835), justices in Petty Sessions 
 may order that it shall become repairable by the inhabitants at 
 large. The justices, on the report of the two justices who made 
 the view (as to this, refer to details of widening and diversion 
 of highways, post), must fix the amount of composition to be paid 
 
126 DISTRICT COUNCILS. 
 
 annually or otherwise to the district council by the person 
 previously liable ratione ienurae. (S. 93, Highway Act, 1835.) 
 
 The person liable ratione tenurae may make an agreement 
 with the district council that the council shall keep the road in 
 repair at his expense. (S. 148, P. H. Act, 1875.) 
 
 If a highway repairable ratione tenurae appears on the report 
 of the surveyor not to be in proper repair, and the person liable 
 fails, when requested by the district council, to put it into 
 proper repair, the council can do the work necessary and recover 
 their expenses from him. (S. 25, sub-s. 2, Local Government 
 Act, 1894.) 
 
 The occupier of the land is the person alone liable for the 
 repair of highway ratione tenurae. [Giickfield H. D. C. v. 
 Goring, (1898) 1 Q. B. 865 ; 67 L. J. Q. B. 539.) When the 
 person so liable to repair becomes insolvent, the obligation 
 immediately falls on the highway authority. {Per Lord 
 Halsbury in Sandgate U.D. C. v. Kent C. C. (1898), 79 L. T. 425.) 
 
 (b) The Railways Clauses Consolidation Act, 1845, and the 
 Tramways Act, 1870, make provision for the repair and main- 
 tenance of highways in the district, so far as they are affected 
 by railway or tramway undertakings. But these two Acts are 
 general Acts, that is to say, their provisions are only in force 
 so far as they are incorporated in a railway or tramway com- 
 pany's special Act. It is therefore necessary to look at the 
 special Act to find what the company's exact liability may be 
 in respect of the highways and bridges in the district. 
 
 The general Act provides that if a railway crosses a public 
 highway (unless the special Act provides otherwise, e.g., by 
 sanctioning a level crossing) , the highway must be carried over 
 the railway, or the railway over the highway, by means of a 
 bridge. Such a bridge must be of the dimensions provided for 
 in the general or special Act, as the case may be ; and the 
 bridge, with its immediate approaches and all other necessary 
 works connected with it, must be built and afterwards main- 
 tained at the expense of the railway company. 
 
 Where the special Act prescribed the width of a particular 
 bridge, it was held that the railway company could only be 
 compelled to widen the bridge to the maximum width provided 
 in the special Act, and that this obligation was limited to 
 
HIGHWAYS AND STREETS. 127 
 
 widening the bridge proper and not the approaches to it. 
 {Rlwndda U. D. C. v. Taff Vale Rail Co,, (1907) 1 K. B. 739 ; 
 76 L. J. K. B. 486, afiSrmed in Court of Appeal.) 
 
 The expenses incurred by the local authority in repairing a 
 road over a railway bridge can be recovered by them from the 
 railway company. {Lancashire and Yorkshire Rail. Co. v. Mayor 
 of Bury (1889), 14 A. C. 417; 57 L. J. Q. B. 280.) 
 
 N.B. — A highway passing under a railway bridge is not 
 repairable by the railway company. 
 
 A district council can agree with a railway, canal, or tramway 
 company to maintain at the expense of the rates any existing 
 or projected bridge, viaduct, or arch over a railway, canal, or 
 tramway in the district. And the council can agree to build such 
 a bridge, but at the company's expense ; though if two-thirds 
 of the members consent, the council may pay any portion of the 
 cost of construction or alteration of the bridge, or of the purchase 
 money for the land required for the foundation or support of 
 the bridge or for the approaches to it. (S. 147, P. H. Act, 1875.) 
 
 A tramway company must maintain and keep in good 
 condition and repair, with such materials and in such manner 
 as the highway authority direct, and to their satisfaction, so 
 much of the road as lies between the rails and extends to 
 eighteen inches beyond and on either side of them. If the 
 company lay double tram-lines at a distance of not more than 
 four feet from each other, the portion of the road between the 
 two tramways must be maintained and kept in repair by the 
 company. (S. 28, Tramways Act, 1870.) 
 
 A tramway company were, by their special Act, obliged to 
 keep in good condition the junction of the paving laid and 
 maintained by the company with the surface of the road 
 maintained by the local authority. The tramway was laid on 
 granite setts, but owing to the macadam of the roadway being 
 worn away by the general traffic, these setts formed a ridge, 
 and projected. It was held that the company were under the 
 obligation of maintaining an even contour of the road by a 
 proper junction of the surface of the tramway with the surface 
 of the macadam. {Mayor of Norwich v. Norwich Tramway 8 Co. 
 (1904), 91 L. T. 558.) (Subsequently overruled, but not on 
 this point.) 
 
128 DISTRICT COUNCILS. 
 
 A tramway company who had neglected to comply with the 
 highway authority's direction to put sand on the tramway, 
 which had become worn, and was in damp weather slippery and 
 dangerous to horses, were held liable for an accident to a horse. 
 {Duhliii United Tramways Co. v. Fitzgerald, (1903) A. 0. 99; 
 72 L. J. P. C. 52.) 
 
 A district council can contract or agree with the company to 
 pave and to keep in repair the whole or any portion of the road 
 on which the tramway is laid. (S. 29, Tramways Act, 1870.) 
 
 The effect of an agreement by the council to undertake the 
 maintenance of the tramway is to relieve the company from any 
 liability on account of its non-repair. (Barnett v. Poplar Borough 
 Council, (1901) 2 K. B. 319 ; 70 L. J. K B. 698.) 
 
 The Extent of a Highway. 
 
 The question as to how far a highway extends on either side 
 may be important in connection with a district council's liability 
 to repair and their duty to prevent encroachments. There is 
 a prima facie presumption, which can be rebutted by evidence, 
 that the whole space of ground between hedges or fences, 
 including the roadside wastes on either side of the highway, has 
 been dedicated to the public use as a highway. {Neeld v. Hendon 
 U. B. C. (1899), 81 L. T. 405.) Vaughan Williams, L.J., 
 in this case, doubted whether any such presumption could arise 
 when a road crossed the uninclosed waste of a manor, i.e., a 
 common, for the fences might have been put up to separate 
 adjoining closes from the uninclosed waste land. And, j^o' 
 Lord Russell of Killowen, the nature of the district through 
 which the road passes, the width of the margins, the regularity 
 of the line of hedges, and the levels of the land adjoining the 
 road, are all circumstances which must be taken into account. 
 Where a highway was bounded on one side by a common and 
 on the other side by a hedge, there, being a strip of grass 
 between the road and the hedge, it was held that the presump- 
 tion was that this strip had been dedicated to the public use as 
 a highway. {Evelyn v. Merrielees (1900), 17 T. L. E. 152.) 
 
 A ditch between a fence and the road may be part of the 
 highway. [Chorley Corporation v. Nightingale^ (1907) 2 K. B. 
 637; 76L. J. K. B. 1003.) 
 
HIGHWAYS AND STREETS. 129 
 
 There may be acts of ownership inconsistent with a dedication 
 of a roadside strip of land to the public for use as a highway, e.g., 
 where the tenants of an adjoining farm had been in the habit of 
 erecting hurdles on a roadside piece of land to protect the cattle 
 grazing there from being "bogged," and had ordered away 
 from it gipsies and their encampments {Be/more v. Kent C. C, 
 (I90I) 1 Ch. 87a ; 70 L. J. Ch. 501) ; or where the lord of the 
 manor had let the right of pasturage on these strips. {Curtis v. 
 Kesteien C. C. (1890), 45 Ch. D. 504; 60 L. J. Ch. 103.) If 
 a roadside strip is not part of the highway the local authority 
 have no right to deposit road materials upon it. {Belmore v. 
 Kent C. C.) 
 
 Encroachments. 
 
 "Once a highway, always a highway." No encroachment 
 on a highway can avail to deprive the public of the right they 
 have once enjoyed. {Harvey v. Truro R. D. C, (19U3) 2 Ch. 
 638 ; 72 L. J. Ch. 705.) The district council must prevent any 
 unlawful encroachment on roadside wastes in the district (s. 26, 
 sub-s. 1, Local Government Act, 1894) ; and with this object 
 they can institute or defend proceedings against the offender. 
 (S. 26, 8ub-8. 3, Local Grovernment Act, 1894.) 
 
 N.B. — In an action by the council for an injunction against 
 the offender, the Attorney-General must be made a party. 
 
 Instead of taking legal proceedings, the council can remove 
 the encroachment and recover the expense incurred in so doing 
 from the person who made the encroachment. {Louth R. D. C. 
 V. West (1896), 65 L. J. U. B. 535.) 
 
 The parish council can make a representation to the district 
 council of any unlawful encroachment having been made ; and 
 the district council must, if satisfied of the correctness of the 
 representation, take the proper proceedings for removing the 
 encroachment. Should the district council neglect to do so, 
 the parish council can petition the County Council, who can, by 
 resolution, transfer to themselves the powers and duties of the 
 district council with regard to the matter. (S. 11, sub-s. 4, 
 Local Government Act, 1894.) 
 
 When a road has been set out by Inclosure Commissioners as 
 a public road, or it has since become a public road, the whole 
 
 c. K 
 
130 DISTRICT COUNCILS. 
 
 width of the road as set out by the award must be preserved 
 free from obstruction for the use of the public ; and the high- 
 way authority can cut down trees that have grown up on the 
 side of the road within the limits prescribed by the award. 
 {Turner v. lUngwood Highvcay Board (1870), 9 Equity Cases, 
 418.) 
 
 A strip of land set out by an inclosure award as a footpath 
 cannot subsequently be dedicated by any body for use as a 
 camage-way. The district council, as the highway authority, 
 can put up a post to prevent its being used for cart-traffic, and 
 a person removing it will be liable for damages for trespass. 
 {Sheringham V. D. C. v. Hohey (1904), 91 L. T. 225.) 
 
 S. 51, Highway Act, 1864, mentions a number of unlawful 
 encroachments on a highway which can be dealt with under 
 that Act: — 
 
 It is an offence to encroach on a highway by making a 
 building, pit, fence, hedge, or ditch, or by placing dung, 
 compost or rubbish, &c. on the side of a highway within fifteen 
 feet of its centre, or to remove turf or soil from the side of a 
 highway, except with the highway authority's consent, and for 
 the purpose of improving the road. And when the highway is 
 fenced on both sides, no such encroachment is to be allowed 
 whereby the width of the highway will be reduced to less than 
 thirty feet between the fences. 
 
 This s. 51 only refers to an encroachment on land which 
 forms part of the highway, and which has been dedicated to the 
 public for use as a highway. {Easton v. Richmond HigJucay 
 Board (1871), 7 Q. B. 69 ; 41 L. J. M. C. 25.) 
 
 Public Eights of Way. 
 
 There may be highways which are public rights of way, but 
 which involve no liability on anybody to repair them. The 
 question whether a way is a public right of way depends on the 
 evidence of dedication in each particular case. 
 
 " In all these cases of right of way it is necessary to remember 
 that the thing to be established is dedication, not user. A 
 highway is not acquired by user. ... In most of these cases 
 dedication, it is true, is proved by user. But user is but the 
 evidence to prove dedication ; it is not user, but dedication 
 
HIGHWAYS AND STREETS. 131 
 
 which constitutes the highway ; therefore what always has to 
 be investigated is whether the owner of the soil did or did not 
 dedicate certain land to the use of the public." (Buckley, J., 
 A.-G. V. B'iher Linoleum Co. Ltd,, (1901) 2 Ch. 647; 70 
 L. J. Ch. 808.) 
 
 " Proof of user by the public is in general sufficient evidence 
 of dedication. But dedication to the public may be proved in 
 another way, by proof of acts and declarations of the owner." 
 Cotton, L. J., and Fry, L. J., instanced the setting up a stile 
 on a path by the landowner as an act which would be evidence 
 of dedication. {Spedding v. Fitzpatrick (1888), 38 Ch. D. 414.) 
 
 There may be a dedication of a public right of way subject 
 to certain reservations, e.g., in the case of a footpath across 
 arable land, there may be a right on the part of the occupier of 
 the land to plough parts of the path in the course of husbandry. 
 If there is such a right reserved and the path is repau'able by 
 the inhabitants at large, the council must not repair the path in 
 such a manner as will interfere with the right to plough it. 
 {Arnold y. Blaker (1870), 6 Q. B. 433; 40 L. J. Q. B. 185.) 
 
 A person may not intend to dedicate a way as a public right 
 of way, but only to give a license to the public to' use it. 
 Shutting up the way one day in every year is the common form 
 of showing that only a license to use the way is intended. 
 
 Only the freeholder can dedicate a public right of way. 
 
 A public right of way must have a definite terminus and a 
 definite direction, subject to this : where the way which would 
 naturally be taken is foundrous, the public have the right to 
 deviate in order to get along on tliose parts which are less 
 muddy or dilapidated. 
 
 There is no right on the part of the public to unlimited 
 straying over property. (See judgment of "Wills, J., in Ei/re v. 
 New Forest IHglmatj Board (1892), 56 J. P. 517.) 
 
 A district council must prevent the stopping up of public 
 rights of way in the district (s. 26, sub-s. 1, Local Government 
 Act, 1894) ; and for this purpose the council can institute and 
 defend proceedings ; this includes the right to contribute towards 
 the expenses of a person who has taken action to vindicate the 
 existence of a public right of way. {R. v. Norfolk C. C, (1901) 
 
 h 2 
 
132 DISTRICT COUNCILS. 
 
 2 K. B. 268 ; 70 L. J. K. B. 575 ; s. 26, sub-s. 3, Local 
 Government Act, 1894.) 
 
 Before a public right of way in a rural parish can be stopped 
 up or diverted, either by the district council or by a landowner, 
 the consent of the parish council or parish meeting is necessary. 
 (S. 13, sub-s. 1, Local Government Act, 1894, and see sequitur.) 
 
 Diversion and Stopping up of Highways. 
 
 If the district council deem it expedient that a highway 
 should be diverted or stopped up, either entirely, or reserving 
 a foot or bridle path, they must du'ect their surveyor to give 
 notice to two justices to view the highway. Any other person 
 desirous of stopping up or diverting a highway must give notice 
 in writing to the district council, and, if the council consent, 
 the council will then apply to the two justices to view the high- 
 way ; but the expenses incurred by the council in the matter 
 must be paid to them by that person. (S. 84, Highway Act, 
 1835.) 
 
 In rural districts, a person desiring to stop up or divert a 
 public right of way must get the consent of the parish council 
 (or parish meeting), as well as of the district council. (S. 13, 
 sub-s. 1, Local Government Act, 1894.) 
 
 N.B. — The Surrey Quarter Sessions justices refused to enrol 
 a certificate where it appeared that the consent of the parish 
 council had not been obtained until after application had been 
 made by the district council to the two justices to view. The 
 refusal of the justices in Quarter Sessions to enrol the certificate 
 was upheld by the Divisional Court, but on another point. 
 (See It. V. Surrey J J. (1907), infra.) It would seem, however, 
 the safest course that the parish council's consent should be 
 obtained before the district council apply to the justices to view. 
 
 If on such view it appears to the two justices that the road 
 as diverted will be nearer or more commodious to the public, 
 and the owner of the land through which the new road is 
 proposed to be carried gives his written consent ; or if in the 
 case of the stopping up of a highway it appears to these justices 
 that the way is unnecessary and should be stopped up, then the 
 justices must direct the district council's surveyor to put up a 
 notice (in the form of Schedule 19, Highway Act, 1835) at the 
 
HIGHWAYS AND STREETS. 133 
 
 two ends and at the side of the highway which is to be diverted 
 or stopped up, and to publish the notice in a local newspaper 
 for four successive weeks, and to affix a similar notice to the 
 door of the church of every parish in which the highway is 
 situated on four successive Sundays. On being satisfied by 
 proof {e.g.y an affidavit) that the notices have been published, &o., 
 and a plan describing the old and the new highway, and stating 
 the metes, bounds, and admeasurements of the old and new 
 highways, and verified by a competent surveyor, having been 
 supplied to the two justices, they must grant a certificate. 
 (S. 85, Highway Act, 1835.) 
 
 N.B. — The requirements of this section must be strictly 
 complied with. The admeasurements of the particular high- 
 ways must be stated on the plan. A plan merely drawn to 
 scale, though the scale is stated on the plan, is not a sufficient 
 compliance with the requirements of this section. {R. v. 
 Surmj J J., "The Times," 14th December, 1907.) 
 
 The justices, when they make a certificate for the diversion 
 of a highway, must have before them the consent in writing of 
 the owner of the lands through which the new highway is to be 
 made, but no mention of this consent in writing need appear in 
 the certificate. {R. v. Snn'cij JJ. (1872), 26 L. T. 22.) 
 
 The certificate cannot be given until the period of time 
 allowing of the publication of advertisements in the local papers, 
 and of the notice on the church door has expired ; but it is not 
 necessary that the notices which are to be put up in the high- 
 way should be put up twenty- eight days before the certificate is 
 given, or remain up every day of tha four weeks. [R. v. 
 Kent J J., (1905) 1 K. B. 378 ; 74 L. J. K. B. 50.) 
 
 If the two justices refuse to give a certificate, two other 
 justices may be approached by the council to view the highway 
 in question, without it being necessary for the council to pass 
 a fresh resolution directing their surveyor to give notice to the 
 two justices to view, (See judgments of Divisional Court in 
 R. V. Kent JJ., (1904) 2 K. B. 349 ; 73 L. J. K. B. 858.) 
 
 The justices' certificate must certify that they have viewed 
 the highway, and must state (1) in the case of diversion, that 
 the new highway will be nearer or more commodious than the 
 old, and if nearer, the number of yards or feet by which it is 
 
134 DISTRICT COUNCILS. 
 
 nearer ; if more commodious, the reasons wliy it is so ; and 
 (2) if the highway is to be stopped up as unnecessary, the 
 reasons why it is unnecessary. 
 
 The certificate, plan, proof and (in case of diversion) the 
 written consent of the owner (see supra) must he lodged by the 
 district council with the clerk of the peace for the county, and 
 after the expiration of four weeks, the certificate may be enrolled 
 and the order for diversion or stopping up made at Quarter 
 Sessions. (S. 85, Highway Act, 1835.) 
 
 More than one highway can be included in a certificate and 
 order where they are so connected that they cannot be separately 
 diverted or stopped without interfering with each other. (S. 86, 
 Highway Act, 1835.) 
 
 A person who thinks himself aggrieved, on giving the 
 sui'veyor of the district council ten days' notice in writing, 
 together with a statement of his grounds of appeal, can appeal 
 to Q/Uarter Sessions against the diversion or stopping up of a 
 highway. (S. 88, Highway Act, 1835.) 
 
 The appeal will be settled by a jury. (S. 89, Highway Act, 
 1835.) The appellant will not succeed if the jury find that 
 the proposed new highway will be more commodious, and that 
 he is not a person aggrieved ; but he will succeed if the jury 
 find that, though the new highway will be more commodious, 
 he will be injured or aggrieved by the alteration in the highway 
 being allowed. {Walker v. York Corporation, (1906) 1 K. B. 
 724; 75 L. J. K. B. 413.) 
 
 If there is no appeal, or if the appeal is dismissed, the 
 Quarter Sessions must make an order for the diversion or 
 stopping up of the road. (S. 91, Highway Act, 1835.) 
 
 N.B. — They can refuse to make the order if the certificate 
 is substantially defective, e.g., if it does not contain the requisite 
 measurements of the highways, or state that the justices making 
 it have viewed the highway in question. {R. v. Worcestershire 
 JJ. (1854), 23 L. J. M. C. 113.) 
 
 In the case of a diversion, the old highway must not be 
 stopped up until the new highway has been completed and put 
 into good condition and so certified by two justices to have been 
 completed, after a view. This certificate must be lodged with 
 the clerk of the peace and enrolled by him. The substituted 
 
HIGHWAYS AND STREETS. 135 
 
 road will then become a public highway with the same liability 
 to repair as attached to the old highway. (S. 92, Highway 
 Act, 1835.) 
 
 IMPR0^^MENT8 TO HIGHWAYS, ETC. 
 
 An urban council (and a rural council if invested by the 
 Local Grovernment Board with the necessary power) can 
 purchase premises for the purpose of widening, opening, en- 
 larging or otherwise improving a street. 
 
 An urban council, with the consent of the Local Government 
 Board, can purchase premises for the purpose of making a new 
 ■street. (S. 154, P. H. Act, 1875.) 
 
 See also the powers given by s. 146, P. H. Act, 1875, with 
 regard to the making of new streets, supra (p. 119) ; and see 
 infra (p. 136), as to the powers of a district council and Couuty 
 Council to enter into an arrangement for the construction or 
 improvement of bridges or highways under the Highways and 
 Bridges Act, 1891. 
 
 S. 82, Highway Act, 1835, provides a means whereby a 
 narrow highway capable of being widened, can be widened : — 
 
 Two justices, after viewing it, can order the highway to be 
 enlarged up to a width of thirty feet. This order will not 
 enable the highway authority to pull down any building, or to 
 take the ground from a garden, yard, paddock, plantation, 
 avenue to a house, or any inclosed ground set apart for building 
 or for a nursery for trees. 
 
 Compensation must be paid to the owner of the land proposed 
 to be taken. If the amount of compensation cannot be agreed 
 upon, or if the owner refuses to treat, then on the certificate of 
 the two viewing justices and on proof that the highway 
 authority have served fourteen days' notice on the owner that 
 they intended to apply to Q-uarter Sessions, the justices at 
 Quarter Sessions must empanel a jury to assess the compensation. 
 
 The amount is not to exceed forty years' purchase of the clear 
 annual value of the land to be taken, but may include a reason- 
 able sum to compensate the owner for the expense of making 
 new hedges and ditches. 
 
 On payment or tender of this amount by the highway 
 
rKAj^f/**^ 
 
 136 DISTRICT COUNCILS. 
 
 authority, the ground taken is to he deemed for all purposes to 
 he a public highway. 
 
 All minerals got without breaking the surface of this ground 
 are preserved to the owner, and so also is the timber growing 
 on such ground. 
 
 The timber must be feUed, if the owner fails to remove it, 
 by the highway authority within the months specified for 
 lopping trees by s. 66, Highway Act, 1835 (see infra, p. 160), 
 and must be laid on the adjoining land for the benefit of the 
 owner. (S. 82, Highway Act, 1835.) 
 
 A district council can enter into an agreement with the 
 County Council for the construction or improvement (or freeing 
 from tolls in the case of a bridge) of a bridge, main road or 
 highway in the district. If the district council consider that 
 any parish will be especially benefited by these works, they 
 may, if the County Council and parish council or meeting 
 approve, charge the whole or a portion of the expenses on that 
 parish. The district council can borrow money for carrying 
 out work in pursuance of such an agreement with the County 
 Council. (S. 3, Highways and Bridges Act, 1891.) 
 
 iV.jB. — "With the exception of the powers given by this Act 
 and by s. 147, P. H. Act, 1875 (see supra, p. 127), a district 
 council have no power to build a bridge. 
 
 Public cart- ways leading to a market town must not be made 
 and maintained at a width less than twenty feet, horse- ways 
 not less than eight feet, and foot-ways at the side of public 
 cart-ways not less than three feet, provided that the space 
 between the fences bordering the highway admits of such 
 measurements. (S. 80, Highway Act, 1835.) 
 
 A gate across a public cart-way must not be less than ten 
 feet wide, or across a public horse- way, e.ff. a bridle-path, less 
 than five feet wide, clear between the posts. An owner who 
 fails to enlarge or to remove a gate not of the requisite width, 
 after receiving twenty-one days' notice in writing from the 
 highway authority, is liable to a daily penalty of 10s. (S. 81, 
 Highway Act, 1835.) 
 
HIGHWAYS AND STREETS. 137 
 
 Council's Duties and Powers with regard to Repair of 
 Highways. 
 
 All streets in an urban district which are or become highways 
 repairable by the inhabitants at large, together with the pave- 
 ments, stones and other materials and buildings (<?.</., man- 
 holes), vest in and are under the control of the district council. 
 (S. 149, P. H. Act, 1875.) 
 
 The vesting of a street in a district council only gives the 
 council such property in the street — below it, above it, and on 
 its surface — as is necessary for the control, protection and 
 maintenance of the street as a highway for the use of the 
 public. The ownership of the soil of the street remains with 
 the owner of the land over which the street runs — the pre- 
 sumption being, unless there is evidence to the contrary, that 
 the soil of the street, usque ad medium fihmi, belongs to the 
 owner of the premises or lands on either side of it. 
 
 The vesting of a street in the council has been held to give 
 them the right to let the rights of pasture on the roadside 
 strips. {Coverdale v. Charlton (1879), 4 Q. B. D. 104; 48 
 L. J. Q. B. 128.) 
 
 The council have control over only such air-space above a 
 street as is necessary to preserve the use of the street as a 
 highway : the council have no right to cut wires which have 
 been put up across a street at a height and in a position that 
 do not interfere with the traffic in the street. {Finchhy Electric 
 Liijht Co. V. Finchky U. D. C, (1903) 1 Ch. 441 ; 72 L. J. Ch. 
 297.) 
 
 The council have no such property in the sub- soil of a street 
 vested in them that they can excavate for the purpose of 
 making a public lavatory under the street without the consent 
 of the owner of the soil. {Mai/or of Tunhridgc Wells v. Baird^ 
 (1896) A. C. 434; 65 L. J. Q. B. 451.) But with regard to 
 this decision, a modification has been introduced by the 
 P. H. Act, 1907. S. 47 of Part III. of this Act empowers 
 district councils to provide public conveniences and lavatories 
 under streets repairable by the council ; and, further, s. 2S of 
 the same Act enables the council to remove, use and dispose 
 of old materials existing in the street at the time of the 
 
138 DISTRICT COUNCILS. 
 
 execution by the council of any works in the street, if, after 
 receiving forty-eight hours' notice from the surveyor, the 
 owners of the buildings and lands in such street fail to remove 
 this material. The council must, however, pay to the owners 
 the reasonable value of these materials, which, in case of dispute 
 as to the amount, must be settled in the manner provided in 
 8. 308, P. H. Act, 1875. (ArbitratioxV, p. 18.) 
 
 iV".^.— The above ss. 47 and 28 of the P. H. Act, 1907, only 
 apply when they are in force in the district by L. Gr. B. 
 Order. 
 
 The council may raise or lower the soil of a street (this, of 
 coui'se, includes the carriage-way as well as the foot-pavement), 
 and may place fences and posts for the safety of foot-passengers. 
 (S. 149, P. H. Act, 1875.) 
 
 Alterations in the level of a street must not interfere with a 
 person's reasonable access from the street to his premises ; and 
 the council must make compensation (s. 308, P. H. Act, 1875) 
 for any damage caused to an owner or occupier of premises 
 through any such alteration being made. 
 
 The council must cause all streets vested in them to be 
 levelled, paved, metalled, flagged, channelled, altered and 
 repaired as occasion may require. (S. 149, P. H. Act, 1875.) 
 
 Paving a highway with tarmac is a repairing within this 
 section. {E. v. Brighton Corporation (1907), 23 T. L. R. 441.) 
 
 A rural council may be invested by the Local Government 
 Board with the powers and duties contained in s. 149, supra ; 
 but a rural council as the successors of the highway authority 
 of the district (s. 25, sub-s. 1, Local Government Act, 1894), 
 and an urban council as the successors of the surveyors of high- 
 ways, must, as occasion requires, repair the highways in the 
 district. (S. 6, Highway Act, 1835.) 
 
 There is, however, a distinction between a council's liability 
 under s. 149, P. H. Act, 1875, and under s. 6 of the Highway 
 Act, 1835, which is illustrated in the case of Burgess v. North- 
 icich L. B. (1880), 6 Q. B. D. 264: oO L. J. Q. B. 219. As a 
 precaution against the subsidence of the ground due to the 
 brine-pumping operations in the neighbourhood, the houses in 
 a particular street had been built on timber foundations, so 
 arranged that the whole fabric could be raised by screw-jacks. 
 
HIGHWAYS AND STREETS. 139 
 
 The street subsided and became liable to be flooded ; and the 
 local authority put material into it so as to restore it to its 
 former level. The owners of the houses on being notified by 
 the local authority that the street level was to be raised, raised 
 their houses ; and claimed compensation under s. 308, P. H. 
 Act, 1875, for the expense entailed. It was held that the 
 local authority had been repairing the road as occasion required 
 within the meaning of s. 6, Highway Act, and had not been 
 causing the soil of the street to be raised within the meaning 
 of s. 149, P. H. Act, and that they were, therefore, not liable 
 to pay compensation. 
 
 S. 72, Highway Act, 1835, imposes penalties for wilful 
 damage to highways ; and by s. 149, P. H. Act, 1875, there 
 is a 5/. penalty for displacing or injuring the /pavement or 
 stones, &c. of a street, or for injuring trees in a street vested 
 in the council, and there is a further penalty of 5s. for every 
 square foot of pavement, &c. injm'ed or displaced by the 
 offender. 
 
 In the case of injury to trees, the Court can fix the amount 
 of compensation to be paid by the offender to the council. 
 (S. 149, P. H. Act, 1875.) 
 
 Persons, however, have for certain purposes (see seqiiitur) the 
 right to break open the pavement. 
 
 The owner or occupier of premises has the right to have a reason- 
 able access from the highway to his premises. In St. Mary^s, 
 Newington v. Jacobs (1871), 7 Q. B. 47; 41 L. J. M. C. 72, 
 the defendant was proceeded against by the local authority 
 under s. 72, Highway Act, 1835, for wilful damage to the 
 highway. Jacobs had sought permission to make a cart-way 
 (at his own expense) across the pavement for carts to pass to 
 his premises, where he stored heavy machinery. The authority 
 refused their permission, and declined to make the cart-way 
 themselves. Jacobs accordingly drove his carts across the 
 pavement and broke the flag-stones. It was held that he could . 
 not be convicted of doing wilful damage. 
 
 S. 18, P. H. Act, 1907, specially deals with the making of a 
 cart-way across a pavement, and further indicates that the 
 occupier of premises who wishes to make this means of access 
 to his premises must bear the expense. This section enacts 
 
140 -^ DISTRICT COUNCILS. 
 
 that the local authority may allow the provision and use of a 
 passage across the kerbed or paved footway of a street vested 
 in the council to or from any premises fronting or adjoining 
 the street, for cattle, any beast of draught or burden, waggons, 
 carts or other wheeled carriage exceeding four feet in width or 
 two hundred-weight in weight. 
 
 The section imposes certain conditions governing the exercise 
 of this right : — 
 
 (a) persons intending to provide these new means of access 
 
 must give notice in writing of their intention to the 
 council, and must at the same time submit for their 
 approval a plan showing the position, gradient, and 
 mode of construction of the intended means of access ; 
 
 (b) when the plan, with or without amendment, has been 
 
 approved by the council, and they have given notice 
 of their approval to the person intending to make 
 this passage, he may proceed to execute the work 
 subject to the supervision and satisfaction of the 
 council, and in accordance with the approved plan ; 
 
 (c) After its completion, the passage must be used subject to 
 
 the law relating to the use of highways, e.g., the 
 occupier will be liable for obstructing the use of the 
 footpath if he leaves carts standing on this passage. 
 
 The section apparently gives the council the right to say 
 whether such passage shall or shall not be made across a pave- 
 ment ; but there is an appeal to Quarter Sessions against their 
 withholding their consent. (S. 7, sub-s. 1 (b), P. H. Act, 19U7.) 
 
 N.B. — S. 18 is only in force when it or Part II. of the Act 
 has been applied to a district by L. Gr. B. Order. 
 
 An owner or occupier of premises has the right under s. 2J, 
 P. H. Act, 1875, to connect his drains with the council's sewer, 
 and for this purpose he may break open the pavement of the 
 street ; but he has no right to break open the pavement for the 
 purpose of constructing an inspection chamber in the pavement, 
 {A.-G. V. AMy (1907), 23 T. L. E. 498.) In districts where 
 8. 29 of Part II., P. H. Act, 1907, is in force, the consent of the 
 council is made necessary before any excavation is made in a 
 street for this or any other purpose. 
 
 The owner of the minerals, or of the right to work mines, 
 
HIGHWAYS AND STREETS. 141 
 
 under a highway may work the mines provided no damage is 
 done to the highway. (S. 23, Highways and Locomotives Act, 
 1878.) Should the road be let down by the working of a mine, 
 the local authority can recover from him as damages the whole 
 of the expense they have been put to in restoring the road to its 
 original level. ( Wedneshury Corporation v. Lodge Holes Colliery 
 Co., (1907) 1 K. B. 78 ; 76 L. J. K. B. 68.) 
 
 If the footway of a street repairable by the council is injured 
 by or in consequence of excavations, or other work on lands 
 adjoining it, the council can repau' or replace the injured path, 
 and can recover the damages and expenses arising therefrom 
 from the owner of the lands or from the person who is respon- 
 sible for the injury. (S. 20, P. H. Act, 1907.) 
 
 N.B. — This section is only in force when it or Part 11. of the 
 Act has been applied to the district by L. Gr. B. Order. 
 
 Any district council can undertake or contract for the watering 
 and cleansing of the streets. (S. 42, P. H. Act, 1875.) A 
 council, urban or rural (s. 25, sub-s. 1, Local Government Act, 
 1894), may also by agreement with the persons liable to repair 
 a road {e.g., a railway, canal, or tramway company, or a person 
 liable ratione tenurce, or the owner of a private street), under- 
 take to cleanse and water it, as well as to keep it in repair. 
 (S. 148, P. H. Act, 1875.) 
 
 A court or passage, which is not a highway repairable by the 
 inhabitants at large, leading to the back of several buildings 
 in separate occupations, if not kept properly swept and clean 
 by the occupiers of the buildings, can be so kept by the district 
 council. The expense can be recovered by the council from the 
 occupiers in such proportions as the surveyor determines ; but 
 if his apportionment is disputed by an occupier, the amount 
 payable by him must be settled by a Court of summary juris- 
 diction. (S. 27, P. U. Act, 1800.) 
 
 N.B. — This section, which cannot be adopted by a rural 
 council, is only in force in those districts where Part III. of the 
 P. H. Act, 1890, has been adopted. 
 
 S. 19 of Part II., P. II. Act, 1907, empowers the district 
 council, when urgent repairs are necessary in a private street, 
 to give notice to the frontagers to execute the repairs, and, on 
 this notice not being complied with, to do the work and recover 
 
142 DISTRICT COUNCILS. 
 
 the expense from the frontagers. (See further as to this, post, 
 p. 179.) 
 
 Liabilities of Council for Non-Eepair of Highway. 
 
 A district council can be indicted for the non-repair of a 
 highway repairable by the inhabitants at large, but only in the 
 manner provided by s. 10, Highways and Locomotives Act, 
 1878. A district council cannot be indicted at common law for 
 non-repair {R. v. Mai/or of Poole (1887), 19 Q. B. D. 602 ; 56 
 L. J. M. C. 131) ; nor have justices power to order an indict- 
 ment to be preferred against a district council under the 
 Highway Acts, 1835 or 1862. {R. v. Biggleswade R. D. C. 
 (1900), 64 J. P. 442.) 
 
 The procedure under s. 10, Highways and Locomotives Act, 
 1878, is as follows : — 
 
 Complaint must be made to the County Council, and if the 
 County Council are satisfied that the district council have made 
 default in repairing the highway, they can order the district 
 council to do the repairs within the time limited in the order. 
 If within ten days after receipt of the order, the district council 
 give notice to the clerk of the County Council that they decline 
 to comply with it until their liability to repair has been deter- 
 mined by a jury, then the County Council must prefer an 
 indictment against the district council at the next Assizes. 
 Meanwhile the county's order to repair will be suspended. If 
 the verdict of the jury is against the district council, they must 
 carry out the County Council's order. (See R. v. Mayor of 
 Wakefield (1888), 20 Q. B. D. 810 ; 57 L. J. M. C. 52.) 
 
 If complaint is made to the L. Gr. B. that a district council 
 have failed to fulfil their duty under s. 149, P. H. Act, 1875,- 
 to keep the streets in proper repair, the L. Gr. B., on being 
 satisfied of the justice of the complaint, can order the district 
 council to carry out their obligations. This order can be 
 enforced by a mandamus. (S. 299, P. H. Act, 1875.) 
 
 On the complaint of a parish council that a rural district 
 council have failed to keep the highways in proper repair, the 
 County Council can transfer to themselves the district councirs 
 powers in the matter, and can recover the expense of repairing 
 the road from the defaulting council, or the County Council can 
 
HIGHWAYS AND STREETS. . 143 
 
 order the district council to effect the necessary repairs, and, in 
 case of refusal, can appoint some person to do the work, and 
 can recover the cost in the manner provided bj ss. 299 — 302, 
 P. H. Act, 1875, from the district council. (S. 16, suh-ss. 1 and 2, 
 Local Grovernment Act, 1894.) 
 
 A district council may or may not he liahle for injury caused 
 to a person through a highway being in a state of disrepair. 
 The liability depends on whether the condition of the road is 
 due to the " non-feasance " or to the " mis-feasance " of the 
 council. 
 
 " Non-feasance " is the leaving undone the things that ought 
 to have been done ; " mis-feasance " is the doing of the things 
 that ought to be done in an improper manner. 
 
 No liability will attach to a district council for injury caused 
 by " non-feasance," i.e., merely on account of the highway 
 having been allowed to get out of repair. 
 
 Two illustrations may be given : — 
 
 The cover of a manhole projected owing to the surface of the 
 road having been worn away, and the local authority had 
 neglected to fill up the depression in the roadway. The plain- 
 tiff's horse tripped over the projecting cover and was injui*ed. 
 It was held that the local authority were not liable for their 
 "non-feasance." [Thompson v, Brighton Corporation, (1894) 
 1 a. B. 332; 63 L. J. Q. B. 181.) 
 
 A carriage-way had been cut through a footpath by the 
 owner of some stables to give access from them to the road. 
 There was a drop between the surface of the path and the 
 surface of the cutting of about eighteen inches. The plaintiff, 
 while walking along the path (which was vested in the local 
 authority), fell over this cutting and was injured. It was held 
 that no action would lie against the local authority for allowing 
 this cutting through the path to remain so as to be a source of 
 danger to foot passengers, and that the fact that the local 
 authority had gravelled the path did not affect their non- 
 liability. {Coickj/ V. Nemnarket L. B., (1892) A. 0. 345.) 
 
 A district council will be liable for injury caused by their 
 " misfeasance." 
 
 A local authority after laying a sewer in a street, filled up 
 the trench, but left it in a foundrous condition. In the vicinity, 
 
144 DISTRICT COUNCILS. 
 
 but on the opposite side of the street, the authority were 
 engaged with some other work to the street, and near this work 
 some carter, not in the employment of the authority, and with- 
 out their leave, emptied a cart-load of rubbish in the street. 
 This heap of rubbish was left by the local authority's men 
 unfenced and unlighted. A cabman driving at night down the 
 street, finding the road where the trench had been filled up bad 
 going, pulled out and ran against the rubbish heap, and was 
 injured. It was held that the restoring of the road (where the 
 trench had been filled up) so as not to leave it fit for traffic, and 
 the non-removal of the rubbish heap, were acts of " misfeasance " 
 for which the local authority were liable. {Bull v. Mayor of 
 Shoreditch (1904), 68 J. P. 415.) 
 
 A district council, with the intention of renewing them, 
 removed guiding posts and rails which separated a highway 
 liable to be flooded from a dyke alongside of it. These posts 
 were not put up again for some time, and while the road was 
 in this unprotected state and flooded, a person drove into the 
 dyke and was drowned. The jury found that the removal of 
 the posts under the circumstances was not consistent with a 
 reasonable regard for the safety of people using the road. On 
 this finding the Court of Appeal held that the act of the district 
 council was an act of *' misfeasance." ( Whyler v. Bingham 
 R. D. a, (1901) 1 K B. 45 ; 70 L. J. K. B. 207.) 
 
 The district council are not liable for the negligence of an 
 independent contractor ; but they will be liable for his negligence 
 if they have reserved the right of controlling the contractor and 
 regulating the way in which he does his work under the contract, 
 {Penny v. Wimbledon U. D. C, (1899) 2 Q. B. 72 ; 68 L. J. Q. B. 
 704.) In this case, under a contract for the making up of a road, 
 the contractor was required to execute the work in the plans 
 and specification in accordance with the drawings and instruc- 
 tions given him from time to time by the council's surveyor. 
 The plaintifl was injured by falling over a heap of earth which 
 the contractor had left in the road unlighted. Both contractor 
 and council were held liable. 
 
HIGHWAYS AND STKEETS. 145 
 
 Damage to Roads by Extraordinary Traffic or 
 Excessive Weight. 
 
 If on the certificate of their surveyor it appears that, having 
 regard to the average expenses, extraordinary expense has been 
 incurred in repairing a highway by reason of the damage caused 
 by excessive weight passing along or extraordinary traffic on 
 the highway, the district council can recover that extra expense 
 (s. 23, Highways and Locomotives Act, 1878) from the person 
 by or in consequence of whose order (s. 12, sub-s, 1 (c), Loco- 
 motives Act, 1898) such weight or traffic has been conducted. 
 
 If the amount does not exceed 250/. it can be recovered by 
 an action in the County Court ; and in the High Court if 
 exceeding that sum. (S. 12 (a), Locomotives Act, 1898.) 
 
 A person intending to use a highway for heavy traffic may 
 compound with the council for any damage he may cause to the 
 road (s. 23, Highways and Locomotives Act, 1878), that is to 
 say, if the council are agreeable. 
 
 The surveyor's certificate is a condition precedent to recover- 
 ing these extra expenses, and the certificate may include more 
 than one road. {Wirml HigJucay Board v. Newell, (1895) 
 1 Q. B. 827 ; 64 L. J. M. C. 181.) The sum which the council 
 seek to recover must have been actually expended by the council, 
 otherwise they have no cause of action. {Little Hulton U. D. C. 
 V. Jackson (1904), 68 J. P. 451.) 
 
 This extra expenditure is recoverable from " the person by or 
 in consequence of whose order " the extraordinary traffic has 
 been brought on to the highway. In Epnom U. D. C. v. London 
 C. a, (1900) 2 Q. B. 751 ; 69 L. J. Q. B. 933, the County 
 Council had made two contracts for building operations in the 
 plaintiffs' district, and damage was done to the highways, 
 necessitating extra expense to the district council, by the 
 exceptionally heavy traffic conducted there by the contractors. 
 It was held that the County Council were the persons " by or 
 in consequence of whose order " tliis extraordinary traffic was 
 brought on to the roads. 
 
 The words '* by or in consequence of whose order " do not 
 mean that the damage must have been the necessary consequence 
 of the order, but must have been in fact a consequence of it. 
 
 C. L 
 
146 DISTRICT COUNCILS. 
 
 {Per Buckley, L.J., Bromley R. D. C. v. Croydon Corporation, 
 "The Times," November 26th, 1907.) Lord Alverstone 
 {ibidem) distinguished this case from Egham R. D. C. v. Gordon, 
 (1902) 2 K. B. 120 ; 71 L. J. K. B. 523. 
 
 Proceedings for the recovery of expenses incurred by reason 
 of damage to roads by extraordinary traffic must be commenced 
 within twelve months from the time at which the damage was 
 done. But when the damage is the consequence of any 
 particular building contract or work extending over a long 
 period, proceedings can be commenced not later than six months 
 after the completion of the building contract or work. (S. 12, 
 sub-s. 1 (b), Locomotives Act, 1898.) 
 
 N.B. — The word "work" does not extend to such a thing 
 as a supply of materials or a contract of service, e.g., haulage 
 of stones for highway purposes, but refers to a work of con- 
 struction or demolition ejusdeni generis with the buUding 
 contract mentioned in the section. {Bromley R. D. C. v. 
 Croydon Corporation, nbi supra.) 
 
 The time limit prescribed by the Public Authorities Pro- 
 tection Act, 1893, has no application to proceedings under these 
 Acts of 1878 and 1898. {Kent C. C. v. Folkestone Corporation, 
 
 (1905) 1 K. B. 620 ; 74 L. J. K. B. 352.) 
 
 A maintenance clause in the contract binding the contractor 
 after the actual completion of the work under the contract will 
 not postpone the date from which the period of limitation fixed 
 by s. 12, supra, will begin to run. {Lancaster R. D. C. v. 
 Fisher, (1907) 2 K. B. 516 ; 76 L. J. K. B. 1070.) 
 
 A district council will not recover these extra expenses for 
 damage caused to the roads if it is shown that the damage was 
 owing to the roads not being kept up to a proper standard of 
 repair, having regard to the traffic of the district. {A.-G. v. 
 Scott, (1902) 2 K. B. 160 ; 74 L. J. K. B. 803.) 
 
 It is the duty of the road authority to alter the standard of 
 repair which the road requires in accordance with the necessities 
 of the traffic. {Per Wills, J, in Chichester Corporation v. Foster, 
 
 (1906) 1 K. B. 167; 75 L. J. K. B. 33.) In this case a water 
 main belonging to the corporation had been broken by the 
 defendant's traction engine. The main had been properly laid, 
 and was fit to bear the pressure of the usual and ordinary traffic 
 
HIGHWAYS AND STKEETS. 147 
 
 in the district. On these facts it was held that, as the defendant 
 had used an engine of a weight beyond that which the corpora- 
 tion had the right to expect on their roads, he was liable for 
 the damage done by it. 
 
 " TraflBc must of necessity, as time goes on, vary in its 
 character, according to the development of the various industries 
 in the neighbourhood, and traffic which in one year or at one 
 given time may bo extraordinary traffic, will in course of time — 
 and it may be in the course of a comparatively short time — 
 become ordinary traffic . . . The test is, whether the particular 
 traffic in question has, by the usage of trade and society, and by 
 the varying circumstances applicable to the case, by that time 
 become such as can fairly be called ordinary traffic." (Wills, J., 
 HemsworthR. D. C. v. Micklethcaite (1904), 68 J. P. 347.) 
 
 Excessive weight is distinct from extraordinary traffic. In 
 considering what amounts to excessive weight, the pressure per 
 square inch of the engine or vehicle causing the damage is 
 evidence, but it must not be considered apart from the effect of 
 the whole concentrated weight of the vehicles. [Henistrorth 
 R. D. C. V. Micklethicaite, uhi supra.) 
 
 See further sequiticr, as to damage done by excessive weight. 
 
 Locomotives and Heavy Motor Cars. 
 
 The expression " locomotive," as used in the Locomotive Actp, 
 dealing with the use of locomotives on highways, means a 
 locomotive propelled by steam or other than animal power. 
 (S. 17, Locomotives Act, 1898.) 
 
 A locomotive to be used on a highway must not exceed nine 
 feet in width or fourteen tons in weight, unless the owner gets 
 the permission of the County Council or borough council, in 
 the case of boroughs with a population of 10,000 according to 
 the 1881 census. (S. 28, sub-ss. 3 and 4, Highways and 
 Locomotives Act, 1878.) 
 
 N.B. — This 8. 28 does not apply to light locomotives or motor 
 cars within the meaning of the Motor Car Acts of 1896 and 
 1903. 
 
 A locomotive on the highway is not to draw more than three 
 waggons or trucks, exclusive of a waggon solely used for 
 carrying water for the locomotive, unless the Count}- Council 
 
 i. /V 
 
148 DISTRICT COUNCILS. 
 
 or borough council, as the case may be, consent to a greater 
 number being drawn (s. 3, sub-s. 1, Locomotives Act, 1898) ; 
 and a waggon is not to carry a greater weight than four tons 
 on each pair of wheels, or two tons on each wheel, unless the 
 waggon is built on springs, in which case one-sixth more weight 
 is permissible. (S. 4, Locomotives Act, 1861.) 
 
 The County Council (or borough council) may, however, 
 permit weights in excess of those above mentioned ; and these 
 limitations on weight do not apply to a waggon carrying a 
 single heavy article, e.g., block, cable, roll, vessel of stone or 
 metal of greater weight than sixteen tons ; but the fellies, 
 tyres, or shoes of such waggon must not be less than eight inches 
 in breadth, and any damage arising from the use of it is to be 
 deemed to be damage caused by excessive weight within the 
 meaning of s. 23, Highways and Locomotives Act, 1878. 
 (S. 1, Locomotives Act, 1898.) 
 
 A district council can erect in their district machines for 
 weighing locomotives and loaded waggons drawn by them ; and 
 the council's servants can require persons in charge of these 
 vehicles to proceed to the machines in order that the locomotive 
 or the waggons may be weighed. The council must pay any 
 loss caused by the delay due to weighing if the weight should 
 be found to be within the lawful limits ; and any dispute as to 
 the amount must be settled by arbitration under the Arbitration 
 Act, 1889. 
 
 When a locomotive or waggon has been weighed by the 
 district council's oificials, a certificate must be given to the 
 person in charge, and this certificate shall be an exemption from 
 further weighing during the journey. 
 
 A district council can borrow money as under the P. H. Act, 
 1875, for the purpose of establishing these weighing machines. 
 (S. 4, Locomotives Act, 1898.) 
 
 The County Council (or borough council above referred to) 
 can by bye-law prohibit or restrict the use by locomotives of 
 highways and bridges which are unsuitable or unsafe for such 
 traiSc. Special leave may be given for the use of such a road 
 or bridge for exceptional purposes ; but with regard to a bridge 
 repairable by a district council or other person, this special 
 leave cannot be given without the consent of, and may be 
 
HIGHWAYS AND STREETS. 149 
 
 subject to payment of the cost of temporarily strengthening the 
 bridge to, the authority or person liable for the repairs of the 
 bridge. (S. 6, Locomotives Act, 1898.) 
 
 Locomotives belonging to the district council, when used by 
 them in the district, need not be licensed by the County Council 
 (s. 9) ; nor need they be registered. (S. 10, sub-s. 6, Loco- 
 motives Act, 1898.) 
 
 The Heavy Motor Cars Orders, 1904 and 1907, made by the 
 L. G. B. under the powers conferred on the Board by the 
 Locomotives on Highways Act, 1896, and Motor Car Act, 1903, 
 contain regulations as to the weights and construction of heavy 
 motor cars and their use on highways and bridges. 
 
 A " heavy motor car " is a car exceeding two tons in weight 
 unladen. It may be used on a highway if its weight unladen 
 does not exceed five tons, or if its w^eight unladen, together with 
 the weight of a vehicle drawn by it, does not exceed six and a 
 half tons. In the case of military motor cars, these weights are 
 increased to six and eight tons respectively. The axle- weights, 
 construction and width of tj'res, the speed, and size of wheels of 
 heavy motor cars are all regulated by the Heavy Motor Car 
 Order, 1904. 
 
 A heavy motor car on a liighway within half a mile from the 
 district council's weighing machine can be required to be driven 
 to the machine for weighing by any authorized official of the 
 district council, if he has reason to believe that the axle- weight 
 of the car exceeds the registered weight. (Heavy Motor Car 
 Order, 1904.) 
 
 A heavy motor car must not be driven over a bridge forming 
 part of a highway except with the consent of the authority, 
 e.g., the district council, liable to repair it, if on a notice board, 
 which must be set up in a conspicuous position at each end of 
 the bridge, the authority states — 
 
 (a) that the bridge is insufficient to carry a heavy motor car 
 
 the registered axle- weight of any axle of which exceeds 
 three tons, or the registered axle- weights of the several 
 axles exceed in the aggregate five tons or any greater 
 weight prescribed in the notice ; or 
 
 (b) that the bridge is insufficient to carry a heavy motor car 
 
 drawing a trailer, if the registered axle-weiglits of the 
 
loO DISTRICT COUNCILS. 
 
 several axles of the motor car and trailer exceed in the 
 
 aggregate five tons, or a greater weight prescribed in 
 
 the notice. 
 
 Any difference as to the sufficiency of the bridge is to be 
 
 settled by arbitration, and if the arbitrator decides in favour of 
 
 the sufficiency of the bridge, or if, within a month after a 
 
 request in writing from the owner of the heavy motor car, the 
 
 bridge authority neglect to become a party to the submission to 
 
 arbitration, then the car may be driven across the bridge in 
 
 future and the notices must be removed. But this will not 
 
 prevent the bridge authority from setting up notices specifying 
 
 greater axle- weights than those mentioned in the notices which 
 
 have had to be removed. 
 
 This notice on the bridges must contain the name of the 
 authority or other person liable to repair the bridge. 
 
 N.B. — The above provisions replace those originally contained 
 in Article XIV. of the 1904 Heavy Motor Car Order. (Heavy 
 Motor Car Order, 1907.) 
 
 Interference with Eoads by Persons under Statutory 
 
 Powers. 
 
 The Waterworks Clauses Act, 1847, the Gasworks Clauses 
 Act, 1847, and the Electric Lighting Act, 1882, and Clauses 
 Act, 1899, and the Tramways Act, 1870, all provide for the 
 " undertakers " having the statutory power — whether by special 
 Act or by Provisional Order confirmed by Act of Parliament — 
 of breaking up streets and erecting apparatus in streets in con- 
 nection with their particular undertakings. 
 
 These Acts are general Acts, and their provisions must be 
 incorporated either in toto or in a modified form in the under- 
 takers' special Act ; and therefore it is always necessary to look 
 to the special Act to find out the exact extent to which the 
 undertakers' powers go. 
 
 An urban district council which have adopted Part II. of the 
 Public Health Act, 1890, can make bye-laws for preventing 
 danger or obstruction to the public from posts, wires, tubes or 
 other apparatus stretched or placed above, over, along, or across 
 a street for telegraph, telephone, lighting, signalling or other 
 purpose. (S, 13, P. H. Act, 1890.) The adoption of Part II. 
 
HIGHWAYS AND STREETS. 151 
 
 of this Act must be by resolution of the council, and a copy of 
 the resolution must be sent to the Board of Trade. (S. 3, P. H. 
 Act, 1890.) 
 
 These bye-laws, and any alteration or repeal, must be sub- 
 mitted to, and confirmed by, the Board of Trade ; and reasonable 
 notice of the intended submission to the Board of Trade must 
 be given by the council, through the medium of advertisement 
 in a local newspaper and circular letter, to the persons owning 
 or leasing the wires, &c. to which the bye-laws are to apply. 
 (S. 13, P. H. Act, 1890.) 
 
 These bye-laws will not apply to apparatus belonging to a 
 railway or canal company, and used by the company on their 
 property in connection with their business. (S. 1 3, P. H. Act, 
 1890.) 
 
 Nor will the bye-laws apply (a) to the apparatus and 
 property of the Postmaster- General, or (b) to the works of 
 "Undertakers" under the Electric Lighting Acts. (S. 15, 
 P. H. Act, 1890.) 
 
 The Postmaster- General has the exclusive right of trans- 
 mitting public telegrams and telephone messages, but he may 
 authorize other persons by special license to do so. An urban 
 district council's bye-laws, therefore, will only be applicable to 
 the wires and posts of the licensees of the Postmaster-General 
 and to private wires. 
 
 Telegraph and telephone apparatus must not be laid down 
 wider streets, lands and buildings within an urban district 
 without the consent of the district council. The depth and 
 course of the works are to be such as are agreed upon between 
 the parties, or, in case of inability to agree, as are settled by 
 two justices. (Ss. 9 and 10, Telegraph Act, 1863, and s. 3, 
 Telegraph Act, 1892.) 
 
 Posts and wires must not be erected by the Postmaster- 
 General on highways above ground except with the consent of 
 the highway authority. (S. 12, Telegraph Act, 1863.) 
 
 If this consent is not given within twenty-one days after it 
 has been requested, a difference is to be deemed to have arisen 
 between the council and the Postmaster-General. (S. 3, Tele- 
 graph Act, 1878.) This difference is to bo refen*ed for settle- 
 ment to a stipendiary magistrate in the district, or, failing such, 
 
152 DISTRICT COUNCILS. 
 
 to the County Court judge. Either party, within twenty-one 
 days after the award has heen made, can, hy notice to the other, ■ 
 require the difference to be referred to the Railway Commission. 
 (S. 4, Telegraph Act, 1878.) 
 
 The Postmaster-General can delegate his powers under the 
 Telegraph Acts, 1863 — 1889, to other persons as his licensees, 
 but a licensee can exercise those powers only in an urban district 
 or such area adjoining on an urban district as is specified in the 
 license. Further, a licensee cannot exercise any of these powers 
 ■without the consent of the district council in an urban district 
 and of the County Council elsewhere. (S. 5, Telegraph Act, 
 1892.) This right to give or withhold their consent is absolute, 
 and cannot be questioned by a reference to a County Court 
 judge under s. 4, Telegraph Act, 1878. {National Telephone Co. 
 V. Tunhridge Wells Corporation (1901), 85 L. T. 368.) 
 
 Before breaking up a street or a public road, the Postmaster- 
 General or his licensees must give notice to the highway 
 authority {i.e., the district council or County Council, as the case 
 may be) of the intention to open the road, and specifying the 
 time when the work will be begun. 
 
 In the case of underground work, ten days' notice must be 
 given ; and for above-ground work, five days' notice. In an 
 emergency, notice must be given as soon as practicable. 
 
 Roads are to be broken up under the superintendence of the 
 highway authority, who must be paid the reasonable expenses 
 of such superintendence, if they choose to exercise it. (S. 17, 
 Telegraph Act, 1863.) 
 
 Subject to any stipulations, the road must be restored to as 
 good a condition as it was before it was broken up. The rubbish 
 must be removed, and the work during its continuance must be 
 fenced and properly lighted at night. The highway authority 
 must also be paid all reasonable expenses of keeping the road 
 in good repair for six months afterwards, so far as such expenses 
 have been increased by the breaking up of the road. (S. 18, 
 Telegraph Act, 1863.) 
 
 The highway authority may, however, undertake the filling 
 in of the ground, the restoration of the road, &c. at the expense 
 of the Postmaster-General or his licensees, (S. 19, Telegraph 
 Act, 1863.) 
 
HIGHWAYS AND STREETS. 153 
 
 In tlie event of its being necessary for repairs and alterations 
 to be made in a road, the Postmaster-General or his licensee, 
 at their own expense, must move and replace posts, &c. in 
 such manner and in such position as the local authority require. 
 The local authority must give one month's notice of their 
 requiring telegraph posts, &c. to be moved. (S. 15, Telegraph 
 Act, 1863.) 
 
 Miscellaneous Povv^ers with regard to Highways. 
 
 An urban council may provide such public clocks as they 
 consider necessary and fix them on public buildings, or, if the 
 owner or occupier consents, on a private building. The council 
 can cause these clocks to be lighted at night, and may remove 
 them from time to time to such other situations as the council 
 think convenient. (S. 165, P. H. Act, 1875.) An urban 
 council which have adopted s. 46 of Part III., P. H. Act, 1890, 
 can pay the cost of the repairing, winding up and lighting of 
 any public clock, though it is not vested in them. (S. 46, 
 P. H. Act, 1890.) 
 
 N.B. — This s. 46 cannot be adopted by a rural council. 
 
 The owner of cattle, who has no right of pasture on the 
 roadside strips forming part of the highway, is liable to the 
 penalties prescribed by s. 25, Highway Act, 1864, if his cattle 
 are found straying or lying on the highway or by the side of it 
 except where the road passes over a common. And if he has 
 the right of pasturage at the side of the road, that will not 
 entitle him to have his cattle straying on the road. {Golding 
 V. Stocking (1869), 4 U. B. 516; 38 L. J. M. C. 122.) 
 
 See infra, p. 158, a district council's powers under s. 80, 
 P. H. Act, 1907, as to the driving of cattle through the streets. 
 
 The district council can set up direction posts and boundary 
 stones. (S. 24, Highway Act, 1835.) 
 
 The district council have power to make, scour, cleanse and 
 keep open ditches, drains, &c., and also to make such tunnels, 
 trunks, plats or bridges, as are necessary, in or through lands 
 adjoining or lying near to the highway. Payment must be 
 made by the council to the owners or occupiers of the lauds, if 
 they are not waste or common, for any damage done in the 
 process. (S. 67, Highway Act, 1835.) 
 
154 DISTRICT COUNCILS. 
 
 N.B. — In 1865 the law officers gave their opinion that the 
 effect of this section is to empower, but not to compal, the 
 highway authority to cleanse ditches in a more effectual manner 
 than the landowners could be compelled to cleanse them. If 
 the landowner claims the materials taken out of his ditch, he is 
 entitled to them. (See 29 J. P. 319, where there is reported 
 the opinion of the law officers.) 
 
 The highway authority, if they take steps under this section, 
 cannot recover from the owner of the ditch any expenses 
 incurred in the cleansing of the ditch, but, on the other hand, 
 must pay the owner for any damages sustained by him in 
 consequence. There is, however, an obligation at Common Law 
 on owners of ditches adjoining a highway to keep them in such 
 a condition that no nuisance and obstruction is caused to the 
 highway. If by reason of a roadside ditch not having been 
 properly cleaned a nuisance and obstruction is caused to the 
 highway, the council might bring an action against the owner 
 for an injunction and damages. [A.-G. v. Waring (1899), 
 6-3 J. P. 789.) Such an action would have to be brought with 
 the sanction and in the name of the Attorney- Greneral. 
 
 A ditch may be dedicated as part of the highway. [CJiorley 
 • Corporation v. Nightmgale, (1907) 2 K. B. 637; 76 L. J. K. B. 
 1003.) 
 
 Where for more than thirty years surface water from a road 
 had been carried by a pipe on to land adjoining, it was held 
 that this pipe was a drain, and that the landowner could not 
 stop the water from flowing on to his land, as the presumption 
 was that when the drain was originally made, it was made by 
 the surveyor of highways of the period under the 1835 Act. 
 {A.-G. V. Copelmd, (1902) 1 K. B. mO; 71 L. J. K. B. 472.) 
 
 A person who alters or interferes with these ditches, &c., or 
 with any tunnels or plats or bridges over them without the 
 consent of the council, will be liable for the expense of re- 
 instating them, and, in addition, to a penalty of three times the 
 amount of this expense. (S. 68, Highway Act, 1835.) 
 
 The sinking of a pit or the erection of a steam-engine or 
 machinery within twenty-five yards of a cart-way, or the 
 erection of a windmill within fifty yards, is prohibited unless 
 screened so as not to be dangerous. Nor must fires be made 
 
HIGHWAYS AND STREETS. 155 
 
 for lime- or brick- burning •within fifteen yards of a cart-way 
 unless properly screened. (S. 70, Highway Act, 1830,) Steam- 
 ploughs (s. 6, Locomotives Act, ISbo), and steam-engines for 
 threshing purposes (Locomotive Threshing Engines Act, 1894), 
 are excepted. 
 
 In districts where 8. 31 of Part II., P. H. Act, 1907, is in 
 force, if any land (other than land forming part of a common) 
 adjoining any street is unfenced, or the fence is out of repair, 
 and owing to the absence or inadequate repair of the fence the 
 land is a source of danger to passengers, or is used for immoral 
 or indecent purposes, or for any purpose causing inconvenience 
 or annoyance to^ the public — the L. Gr. B., on the application of 
 the council, can empower them, after fourteen days' notice has 
 been given to the owner or occupier to erect or to repair the 
 fence, to do the work themselves. The expense can be recovered 
 from the defaulter summarily as a civil debt. 
 
 Unfenced quarries, &c. near a highway and barbed-wire 
 fencing can be dealt with as nuisances. (See Nuisances, p. 268.) 
 
 Subject to certain conditions, stones lying on the surface may 
 be gathered, and gravel and other material for road purposes 
 may be dug, from private lands by the district council. In 
 either case one month's notice in writing, signed by the surveyor, 
 must be served on the owner and occupier of the land from 
 which it is proposed to take the material, should the owner or 
 occupier refuse their consent to the material being removed. 
 When this notice has been given, two justices, after hearing 
 the objectors, may in their discretion grant the council a license 
 to enter on the lands and take the material required. In the 
 case of stones lying on the surface, the council nmst pay for the 
 injury done to the land by their removal, but not for the 
 price of the stones. But when gravel, &c. is dug from private 
 lands, the material, as well as the dainage done by its removal, 
 must be paid for. The justices cannot license the digging and 
 taking of materials from a garden, yard, avenue to a house, 
 lawn, park, paddock, inclosed plantation, or inclosed wood not 
 exceeding 100 acres in extent. Sea-beach is not to be taken 
 if its removal is likely to cause inundation, or to increase the 
 danger of encroachment by the sea. 
 
 The district council can also dig gravel, &c. on commons for 
 
156 DISTRICT COUNCILS. 
 
 the use of the roads (ss. 51 — 54, Highway Act, 1835) ; but with 
 regard to commons, this right to take material has been restricted 
 by 8. 20, Commons Act, 1876, which provides that when a 
 common is regulated by a Board of Agriculture Order, or is 
 subject to a scheme for its regulation, materials must not be 
 taken without the consent of the conservators of the common, 
 or, if they refuse this consent, without an order of two justices 
 in petty sessions. 
 
 The justices can make the granting of this order subject to 
 conditions under which the right to take materials is to be 
 exercised. {Hayes Common Conservators v. Bromley R. I). C, 
 (1897) 1 a B. 321 ; 66 L. J. Q. B. 155.) 
 
 An urban district council can cause the liouses in a street to 
 be numbered, and can paint or put up on the houses at the end 
 or corner of a street the name of the street ; and there is a penalty 
 for defacing a number or a name. The council can require the 
 occupier of a house to mark his house with the number approved 
 by the council and to renew it if obliterated ; and there is a 
 penalty for neglecting to comply with the council's directions. 
 (S. 160, P. H. Act, 1875, incorporating ss. 64 and 65, Towns 
 Improvement Clauses Act, 1847.) 
 
 In any district where s. 21, Part II., P. H. Act, 1907, is in 
 force the council may, with the consent of two-thirds in number 
 and value of the ratepayers in a street, alter the name of the 
 street or any part of it. The section also empowers the council 
 to paint or mark the name of the street on a conspicuous part 
 of any building or other erection, and imposes a 40.s. penalty 
 for obliterating, removing or defacing such name. 
 
 A district council, however, have no power to name a new 
 street or, apart from the power given by s. 21, P. H. Act, 1907, 
 to alter the name of an existing street contrary to the owner's 
 wishes. But where a district council had approved plans for 
 the laying out of a new street which the owner decided to name 
 M. Avenue, but the council put up a board naming it C. Avenue, 
 which the owner painted out, it was held that, though the 
 council could not give it a name, the owner was rightly con- 
 victed of defacing the name on the council's board. {Collins v. 
 Eornsey U. D. C, (1901) 2 K. B. 801 ; 70 L. J. K. B. 802.) 
 
 S. 72, Highway Act, 1835, imposes penalties for a variety of 
 
HIGHWAYS AND STREETS. 157 
 
 offences in relation to the use of a highway, e.g., riding on foot- 
 paths, injuring the road, direction posts, bridges, parapets, 
 &c., pitching tents or booths on the highway, wantonly letting 
 off fireworks or firearms within fifty feet of the highway, and 
 obstructing the highway by depositing materials upon it or 
 otherwise. 
 
 If timber or other material is left on a highway so as to be a 
 nuisance or obstruction, and is not removed by its owner after 
 notice from the council, the council, on the order of a justice in 
 writing, can dispose of it and apply the proceeds towards the 
 highway expenses. (S. 73, Highway Act, 1835.) 
 
 S. 29, P. H. Act, 1907, prohibits the deposit of any building 
 materials, rubbish, or other thing, or excavations being made, in 
 streets repairable by the inhabitants at large, without the con- 
 sent of the district council. When this consent is given, the 
 person depositing the stuff in the street or making the excava- 
 tion must cause it to be sufficiently fenced, and also lighted from 
 sunset to sunrise, and he must remove it or fill up the excava- 
 tion (as the case may be) when required to do so by the council. 
 Contravention of this section entails a 5/. penalty, and a 40s. 
 daily penalty, and, further, the council can remove the stuff or 
 fill up the excavation, and recover the expense from the offender 
 summarily as a civil debt. 
 
 N.B. — This section is in force only when it or Part II. of the 
 P. H. Act, 1907, has been applied by L. G. B. order to the 
 district. 
 
 Ss. 76 — 78, Highway Act, 1835, deal with offences by 
 owners and drivers of vehicles using the highway. 
 
 The penalties and forfeitures imposed by the Highway Act, 
 1835, are payable half to the informer and half to the highway 
 authority ; but if the highway authority are the informers, the 
 whole is payable to them, and must be applied towards the 
 highway expenses. (S. 103, Highway Act, 1835.) 
 
 An urban council which have adopted Part III., P. H. Act, 
 1890, can authorize the erection of statues and monuments in 
 any street or public place, and can, further, maintain them as 
 well as any monument or statue erected before the adoption of 
 the Act by the council. Statues and monuments which have 
 
158 DISTRICT COUNCILS. 
 
 been authorized by the couucil to be erected may be removed 
 by the council. (S. 42, P. H. Act, 1890.) 
 
 JS^.B. — A rural council cannot adopt this section. 
 
 An urban council which have adopted Part III. can make 
 street refuges in the streets repairable by the council. (S. J39, 
 P. H. Act, 1890.) The council can also erect and maintain 
 cabmen's shelters, and can make regulations as to the terms and 
 fees (if any) to be charged, and bye-laws for regulating the 
 conduct of the persons using them. (S. 40, P. H. Act, 1890.) 
 
 N.B. — Neither of these sections can be adopted by a rural 
 council. 
 
 In districts where Part VII. (Police) of the P. H. Act, 1907, 
 has been put in force by order of a Secretary of State, the 
 district council are enabled to exercise a control over the traffic. 
 
 The council can make regulations with respect to streets, to 
 be specified in the regulations, which are specially liable to be 
 obstructed by reason of the amount and nature of the traffic. 
 These regulations, which must be approved by the Secretary of 
 State, may be made for (a) prescribing the line to be kept at 
 any street crossing by all persons riding and driving ; and 
 (b) for requiring the drivers of heavy and slow-moving vehicles 
 to keep to a particular portion of the street. A person contra- 
 vening a regulation after a warning given by word or signal by 
 a police constable stationed in the street to direct the traffic is 
 liable to a 40s. penalty. (S. 78, P. H. Act, 1907.) 
 
 Dangerous riding and diiving entails a 40.!>'. penalty, and the 
 offender may be airested without a warrant by any constable 
 who witnesses the offence. (S. 79, P. H. Act, 1907.) 
 
 The council may, by order, prescribe the streets in which, and 
 the manner according to which, the leading or driving of 
 animals may be permitted in the district. This order will only 
 operate between 9 a.m. and 9 p.m. and will not prevent the 
 owner of the animals from driving them to or from his premises, 
 and the council must not interfere with the leading or driving 
 of animals to any duly licensed slaughter-house. The route or 
 routes prescribed by the council must not be such as to prevent 
 the passage of cattle between any market on the one hand, and 
 any railway station, landing wharf, or any place beyond the 
 diotrict, on the other hand ; and the council must allow at all 
 
HIGHWAYS AND STREETS. 159 
 
 times a reasonably short and eflficient route or routes for the 
 passage of such animals. (S. 80, P. H. Act, 1907.) 
 
 A district council have only indirectly (that is to say by 
 getting the County Council to move in the matter) any control 
 over the speed of motor-cars in their district. S. 9 of the 
 Motor Car Act, 1903, empowers the L. Gr. B. to fix the speed 
 limit for motor cars at ten miles an hour in certain areas on the 
 application of the local authority. For the purpose of this 
 application and for the purposes of putting up notices of the 
 speed limit and danger signs, the " local authority " are, in 
 boroughs with a population of over 10,000, the borough council, 
 and, as respects any other area, the County Council. 
 
 Under s. 8 of the same Act the L. Gr. B. may make regula- 
 tions to prohibit or restrict the driving of motor cars on any 
 specified highway which does not exceed sixteen feet in width," 
 or on which ordinary motor traffic would, in the opinion of the 
 L. Gr. B., be especially dangerous. 
 
 An urban council which have adopted Part III., P. H. Act, 
 1890, can plant trees in any public highway, provided that the 
 trees do not hinder the reasonable use of the highway, or become 
 a nuisance to any adjoining owner or occupier. (S. 43, P. H. 
 Act, 1890.) 
 
 JV.B. — This section cannot be adopted by a rural council. 
 
 S. 64, Highway Act, 1835, prohibits the planting of any tree 
 or bush within fifteen feet from the centre of the carriage-way, 
 and this restriction would apply to planting by district councils. 
 
 It is an offence to injure trees growing in a street which is 
 vested in the district council, the offender being liable, in 
 addition to the penalty prescribed, to pay to the council such 
 compensation for the damage as the Court may award. (S. 149, 
 P. H. Act, 1875.) 
 
 If a highway is prej udiced, on account of the sun and wind 
 being excluded from it, by the shade of any hedges or trees 
 (except trees planted for ornament or for shelter to a hop- 
 ground, house, building or court-yard), or if an obstruction is 
 caused by a hedge or tree, the owner can be summoned on the 
 application of the highway authority, and the justices can order 
 his hedges to be cut, pruned or plashed, or his trees to be 
 pruned or lopped, or in the ease of an obstruction, the tree or 
 
160 DISTRICT COUNCILS. 
 
 hedge to be removed. A copy of the order must be served on 
 the owner, and he must comply with it within ten days after 
 receiving it. If he makes default, he is liable to a penalty 
 of 40s., and the highway authority can then carry out the work 
 authorized by the order and recover the charges in so doing, 
 over and above the penalty, from the owner. (S. 65, Highway 
 Act, 1835.) 
 
 "Lopping" means taking off the branches, and does not 
 mean cutting off the top of a tree. {Umcin v. Hanson, (1891) 
 2Q. B. 115; 60 L.J. Q. B. 531.) 
 
 "Owner" means the man in actual occupation of the land 
 on which the tree is. (Woodard v. Billericay II. B. (1879), 
 11 Ch. D. 214; 48 L. J. Ch. 535.) 
 
 No person is to be compelled, nor a highway authority 
 permitted, to prune a hedge at any other time than between 
 the last day of September and the last day of March ; and no 
 person is to be obliged to fell any timber trees growing in 
 hedges at any time, except where the highways have been 
 ordered to be widened or enlarged (see s. 82, Highway Act, 
 1835), or then to cut down or grub up an oak except in April, 
 May or June, or an ash, elm, or other trees except in December, 
 Januar}^ February, or March. (S. 66, Highway Act, 1835.) 
 
 N.B. — The latter part of the section refers to felling trees ; 
 it does not apply to the pruning or lopping of trees. 
 
 S. 66 does not mean that justices cannot order a tree which 
 is an obstruction to be removed unless the highway is to be 
 widened. A tree that is an obstruction can be ordered to be 
 removed at any time, though the actual removal is only to be 
 carried out in pursuance of the justices' order in the particular 
 months mentioned. {Bullen v. Wakelt/ (1898), 77 L. T. 689.) 
 
 The Highway Amendment Act, 1885, empowers the highway 
 authorities in "Wilts, Dorset, Somerset, Devon and Cornwall to 
 cut or prune a hedge or to lop a tree at any time if the shade 
 is harmful to the road, or to remove an obstruction to a highway 
 by a bank or anything growing upon it. The consent of the 
 owner and occupier of the premises on which the tree, &c. is 
 must, however, first be obtained. 
 
 An urban council can provide and maintain, in proper and 
 convenient situations, urinals, closets and other similar con- 
 
HIGHWAYS AND STEEETS. 161 
 
 veniences for public accommodation. (S. 39, P. H. Act, 1875.) 
 S. 20 (in districts where Part III. is adopted), P. H. Act, 1890, 
 enables an urban council to make bye-laws for tbe use and 
 management of public conveniences and charges for the use of 
 water-closets provided by the council, and also to lease these 
 conveniences to any person. No person (railway companies 
 excepted) may erect in a street or in a place accessible from a 
 street a pubKc convenience without the written consent of the 
 council; and the penalty for contravening this enactment is 
 5/. and a daily penalty of 20s. for every day the construction 
 remains after notice has been given by the council for its 
 removal. (S. 20, P. H. Act, 181^0.) 
 
 N.B. — This section cannot be adopted by a rural council. 
 
 In districts where s. 43 of Part III., P. H. Act, 1907, is in 
 force, the district council can require the owner of a urinal or 
 other sanitary convenience opening on to a street (whether it 
 was erected before or after this section came into force in the 
 district) to remove it if it is so placed or constructed as to be a 
 nuisance or offensive to public decency. If the owner fails to 
 comply with the council's notice to remove it, he is liable to a 
 penalty and daily penalty of 20s. and 10s. respectively. (S. 43, 
 P. H. Act, 1907.) 
 
 S. 47 of Part III. (when in force in the district), P. H. Act, 
 1907, extends the powers given by s. 39, P. H. Act, 1875, and 
 8. 20, P. H. Act, 1890, to urban councils, and enables any 
 district council to maintain and provide, in proper situations in 
 or under any street vested in the council, sanitary conveniences 
 and lavatories. The council can employ attendants, make 
 charges (except in the case of a urinal only), make bye-laws for 
 the management of these places and as to the conduct of persons 
 frequenting them. The council may also lease these places for 
 such periods, rents, and on such conditions as they think proper. 
 (S. 47, P. H. Act, 1907.) 
 
 A district council acting under the powers given by this 
 section would not need to obtain the consent of the owner of the 
 sub-soil of the street before excavating for the purpose of making 
 a public convenience under the street. (Cf. Tunhridge Wells 
 Corporation v. Baird, (1896) A. C. 434; 65 L. J. Q. B. 451, 
 referred to supra, p. 137.) 
 
 c. M 
 
162 DISTRICT COUNCILS. 
 
 As to what is a proper and convenient situation for a public 
 convenience, this must depend on the particular circumstances. 
 Where a council, in pursuance of the powers given by s. 39, 
 P. H. Act, 1875, erected a public urinal within twelve feet of 
 the entrance-gates to a private house, it was held that this was 
 not a proper situation. {Leyman v. Hessle U. D. C. (1902), 1 
 L. G. E. 76.) 
 
 Private Streets. 
 
 A district council can compel the paving, sewering, and light- 
 ing of private streets — I., under ss. 150 and 152, P. H. Act, 1875 ; 
 or II., where the Act has been adopted, under the Private Street 
 Works Act, 1892 ; and III., s. 19, P. H. Act, 1907, provides 
 for urgent repairs to a private street being done on the district 
 council giving notice to that effect to the owners, and enables a 
 majority of the owners, on receiving such notice, to require the 
 council to proceed under the P. H. Act, 1875, or the Private 
 Street Works Act, 1892. 
 
 Ss. 150 and 152, P. H. Act, 1875, only apply to urban 
 councils, and the 1892 Act can only be adopted by an urban 
 council ; but the L. G. B. can invest a rural council with powers 
 under either Act. S. 19, P. H. Act, 1907, only has effect in 
 those districts to which it or the whole of Part II. of that Act 
 have been applied by order of the L. Gr. B. 
 
 I. — When a private street, or the carriage-way, foot- way, or any 
 other part of it, is not sewered, levelled, paved, metalled, flagged, 
 channelled and made good, or is not lighted to the council's 
 satisfaction, the council can, by notice addressed to the owners 
 or occupiers of the premises fronting, adjoining, or abutting on 
 those parts of the street that need paving, &c., require them to 
 do all or any of the above-mentioned works within the time 
 specified in the notice. Before giving this notice (its form is 
 set out in Form Gr., Schedule IV., P. H. Act, 1875), plans and 
 an estimate of the probable cost of the works must be prepared 
 by the surveyor. The plans and estimates must be deposited at 
 the council office, and be open to inspection there ; and it will 
 be sufficient to refer to them in the notices, without it being 
 necessary to send copies of them with the notices. When part 
 of the street is repairable by the inhabitants at large and part is 
 
HIGHWAYS AND STREETS. 163 
 
 not, the whole street may he dealt with as if it was a private 
 street (s. 150, P. H. Act, 1875) ; and so where a road repair- 
 able by the local authority had been lengthened and widened in 
 the course of improvements made by adjacent landowners for 
 their own convenience, it was held that the owners of houses 
 subsequently built and fronting the road were liable under this 
 section for the expenses of paving the entire road. [Evans v. 
 Newport Sanitary Authority (1889), 24 Q. B. D. 264; 59 
 L. J. M. C. 8.) 
 
 W.B. — The giving of the notice is a condition precedent to 
 recovering the expenses in case default is made in complying 
 with it, and the council do the work themselves ; and the notice 
 must be given to every frontager who is required to execute any 
 of the works. {Handsworth U. D. C. v. Derrmgton, (1897) 2 
 Ch. 438 ; 66 L. J. Ch. 691.) And where the notice was served 
 on a person who had ceased to be the owner and was not the 
 occupier of the premises, it was held that the local authority 
 could not recover the paving expenses from the new owner. 
 {Walhend L. B. v. Murphy (1889), 61 L. T. 777.) 
 
 In Acton L. B. v. Lewsey (1886), 11 A. C. 93 ; 55 L. J. Q. B. 
 404, Lord Bramwell recommended local authorities not to 
 prescribe in the notice the mode in which the work should be 
 done, but to content themselves with saying that if it is done in 
 a particular way it will be satisfactory. 
 
 "Premises" include land as well as buildings. (S. 4, 
 P. H. Act, 1875.) 
 
 " Fronting, adjoining, or abutting." The ordinary meaning 
 must be given to these words. Premises separated from the 
 street by a wall {Neuport Sanitary Authority v. Graham (1882), 
 9 U. B. D, 183) and by a narrow stream, communication with 
 the street being by bridges [Wakefield L. B. v. Lee (1876), 
 1 Ex. D. 336), were held to front and abut on the street. 
 
 But in another case where cottages were separated from the 
 street by a public footpath and an intervening wall belonging to 
 a different owner, and it was proved that the occupiers of the 
 cottages were entirely unbenefited by the paving of the street, 
 it was held, on the particular facts of the case, that the cottages 
 did not front, adjoin, or abut on the street. [Lighthound v. 
 
 m2 
 
164 DISTRICT COUNCILS. 
 
 Uigher Behington L. B. (1885), 16 U. B. D. 577; 55 L. J. 
 M. C. 94.) 
 
 The words of the section aa-e " fronting, &c. on such parts " 
 of the street as need to be paved; and where a street was 
 bounded on the north side by a churchyard and on the south 
 side by houses, it was held that the expenses of paving a foot- 
 path on the south side could be apportioned wholly among the 
 owners of the houses on that side. {Wakefield Sanitary 
 Authority v. Mander (1880), 5 C. P. D. 248.) 
 
 Unless and until a private street has been declared by the 
 council to bo a highway repairable by the inhabitants at large, 
 so much of s. 150 as relates to the levelling, paving, metalling, 
 flagging, channelling and repairing may be put in operation 
 by the council as often as is necessary. 
 
 Sewering, however, is on a different footing, because sewers 
 vest in and are repairable by the district council by virtue of 
 ss. 13 and 16, P. H. Act, 1875. Streets, on the other hand, do 
 not vest in the council until they become highways repairable 
 by the inhabitants at large. (See judgment of Charles, J., in 
 Barry L. B. v. Parry, (1895) 2 Q. B. 110 ; 64 L. J. Q. B. 512.) 
 
 If the sewering of a street has once been done to the satis- 
 faction of the council, even though the sewer has no outfall and 
 is useless, it will vest in the council, and the frontagers cannot 
 be required to re-sewer the street or to pay for a new system or 
 for an alteration of the system of sewering the street {Hornsey 
 L. B. V. Davis, (1893) 1 Q. B. 756 ; 62 L. J. Q. B. 427) ; and 
 if a part of a street, as distinguished from the whole, has been 
 sewered to the satisfaction of the council, they cannot put on 
 the frontagers of that part the expenses of sewering the rest 
 of the street, or of making a new sewer for the whole street, or 
 of altering the sewers of that part of it. {Per Eomer, J., in 
 Handsworth U. D. C. v. Taijlor, (1897) 2 Ch. 442 ; 66 L. J. Ch. 
 691.) 
 
 When sewering of a street has been done and accepted by the 
 council is a question of fact. In Handsworth U. D. C. v. 
 Taylor, it was held that the approval by the local authority of 
 the plans of a sewer made by an owner for draining his houses 
 in a private street did not constitute a sewering to the satisfac- 
 tion of the local authority under s. 150. 
 
HIGHWAYS AND STREETS. 165 
 
 If the notice is not complied with by the person served with 
 it within the time specified, the council can carry out the work 
 and recover their expenses summarily from the owners in 
 default, and in such proportion as is settled by the surveyor. 
 In case of dispute, this amount recoverable is to be settled by 
 arbitration, as provided by ss. 180 and 181, P. H. Act, 1875 
 (Arbitratiox, p. 16) ; or the council can declare the expenses 
 to be private improvement expenses. (S. 150, P. H. Act, 
 1875.) 
 
 The dispute referred to relates t3 a dispute about the propor- 
 tion of expenses which the surveyor has settled shall be borne 
 by the particular owners. When an owner disputed his liability 
 to pay, and not the amount of apportionment, in a letter to the 
 local authority, it was held that this was not a valid notice of 
 objection which entitled the owner to have the dispute settled 
 by arbitration, but that, as the local authority had chosen to 
 accept it as a good notice of objection, they were bound by it. 
 {Folkestom Corporation v. Brooks, (1893) 3 Ch. 22 ; 62 L. J. Ch. 
 863.) 
 
 When a notice disputing the apportionment has been given 
 to the council they must proceed to arbitration, and cannot 
 .enforce their claim otherwise. {Sandgate L. B. v. Keene, (1892) 
 1 Q. B. 831 ; 61 L. J. Q. B. 775.) 
 
 If the council have elected to declare the expenses private 
 improvement expenses, they cannot proceed to recover them 
 summarily {Gould v. Bacup L. B. (1881), 50 L. J. M. C. 44) ; 
 but whichever remedy the council adopt, there exists indepen- 
 dently the charge on the premises under s. 257 of the Act (see 
 infra), which may be enforced by the council if it is impossible 
 to get payment by any other means. {Tottenham L. B. v. Howell 
 (1880), 15 Ch. D. 378 ; 50 L. J. Ch. 99.) 
 
 The district council, when executing the work themselves, 
 are not bound to comply with every requirement specified in 
 their notice. {Acton L. B. v. Lewsei/ (1886), 11 A. C. 93; 55 
 L. J. Q. B. 404.) 
 
 When the owner of a private street has made the carriage- 
 way and foot-path in accordance with the council's bye-laws as 
 to width, the council, in doing paving works under this section, 
 cannot change any part of the foot-way into the carriage-way. 
 
166 DISTRICT COUNCILS. 
 
 or vice versa. {Robertson v. Bristol Corporation, (1900) 2 Q,. B. 
 198 ; 69 L. J. U. B. 590.) 
 
 The council cannot charge frontagers with paving expenses 
 in respect of part of a street which is in the district of another 
 local authority. {Hornsey {Mayor of) v. Birkheck, (1906) 1 K. B. 
 521.) 
 
 " Owner " (from whom the expenses are recoverable) means 
 the person who, for the time being, receives the rack-rent, 
 whether on his own account or as trustee or agent for someone 
 else, or who would receive this rent if the premises were let at 
 a rack-rent. (S. 4, P. H. Act, 1875.) 
 
 A local authority which have acquired the lease of a square 
 or garden under the Open Spaces Acts are the '' owners." 
 {St. Mary, Islington v. Cohbett (1894), 64 L. J. M. C. 36.) 
 
 The lord of the manor, who, under an Inclosure Act, was 
 prohibited from receiving rack-rent in respect of a common, 
 was held to be the " ovmer " liable for the expense of paving 
 a street which ran across the common. {Meyrick v. A.-G., 
 (1894) 3 Ch. 209 ; 63 L. J. Ch. 209.) 
 
 The trustees of a Nonconformist chapel are the " owners." 
 {Hornsey L. B. v. Breicis (1890), 60 L. J. M. 0. 48.) 
 
 The trustees of a national school built on land conveyed for 
 the purpose under the School Sites Act, 1841, are the " owners." 
 But the council must proceed against the trustees personally 
 for the recovery of paving expenses under s. 251, for a charge 
 on the school could not be enforced by a sale, as this would be 
 a contravention of the School Sites Act. {Hornsey U. D. C. v. 
 Smith, (1897) 1 Ch. 858.) 
 
 The owner of the premises at the date when the paving works 
 are completed is the owner who is liable to the district council 
 for their expenses (s. 257, P. H. Act, 1875), even though, 
 subsequent to the completion of the work and before the 
 apportionment of expenses and demand for theii' payment, he 
 has parted with his ownership. {Millard v. Bailby-uith-Hexthorpe 
 U. D. C, (1906) 1 K. B. 60 ; 74 L. J. K. B. 45.) And he 
 will be liable though he became owner after the notice to pave, 
 &c. had been given by the council. {East Ham TJ. D. C. v. 
 Aylett, (1905) 2 K. B. 22 ; 74 L. J. K. B. 471.) 
 
 The incumbent or minister of a church, chapel, or place 
 
HIGHWAYS AND STREETS. 167 
 
 appropriated to public religious worship, which is exempt from 
 poor rate (by 3 & 4 Will. IV. c. 30), is exempt from liability 
 for paving expenses as the owner or occupier of the place of 
 worship and of any churchyard or burial-ground attached. 
 
 These expenses cannot be made a charge on the place of 
 worship or its burial-ground. 
 
 The council may bear the expenses of paving works from 
 which an incumbent or minister is exempted by this section. 
 (S. 151, P. H. Act, 1875.) 
 
 Cf. s. 16, Private Street "Works Act, 1892, under which this 
 option becomes an obligation on tbe council. 
 
 The Act 3 & 4 Will. IV. c. 30, exempts from poor rate 
 churches, chapels and other places exclusively appropriated to 
 public religious worship. 
 
 A chapel which consisted of two floors, of which the lower 
 one was used for bazaars and entertainments, was held not to 
 be exclusively appropriated to public religious worship, and 
 therefore not exempt from paving expenses. {Hornsey L. B. v. 
 Brewis (1890), 60 L. J. M. C. 48.) 
 
 Premises owned and occupied as an armoury and storehouse 
 by a volunteer corps under the Volunteer Act, 1863, are owned 
 and occupied for Crown purposes, and therefore a district council 
 cannot recover paving expenses in respect of them. {Hornsey 
 U. D. C. v. ITemien, (1902) 2 K. B. 73 ; 71 L. J. K. B. 479.) 
 
 There is no liability for payment on the owner until three 
 months have elapsed from the apportionment of the expenses by 
 the surveyor. During this period, the owner served with the 
 notice of apportionment may dispute it by giving written notice 
 to the council, in v*^hich case the dispute must be settled by 
 arbitration, in accordance with s. 180 of the Act (ss. 257 and 
 150, P. H. Act, 1875) ; or he can appeal to the L. Gr. B. on 
 giving notice in writing to the council within twenty-one days 
 after receiving the notice of apportionment. (S. 268, P. H. 
 Act, 1875.) 
 
 If the apportionment is disputed and the parties go to arbi- 
 tration, the arbitrator's award cannot be enforced under the 
 Ai'bitration Act, but the council must proceed summarily to 
 recover the amount awarded, and within six months of the 
 
168 DISTRICT COUNCILS. 
 
 award being made. {Re WiUesclen L. B. and Wright^ (1896) 2 
 Q. B. 412; 65 L. J. Q. B. 567.) 
 
 At the expiration of the three months, if the owner has not 
 disputed the apportionment, it will be conclusive against him. 
 (S. 257, P. ri. Act, 1875.) He must then be served with a 
 written demand for payment of the sum due by him ; a notice 
 of apportionment is not a demand for payment. {Grece v. 
 Hunt (1877), 2 Q. B. D. 389 ; 46 L. J. M. C. 202.) 
 
 If the surveyor makes an erroneous apportionment he can, 
 and in fact it is his duty, on objection being made to it, 
 make a fresh apportionment. It is not necessary to deposit 
 fresh plans, &c. in connection with it, but notices of the new 
 apportionment would have to be served. {Cook v. Ipswich L. B. 
 (1871), 6 Q. B. 451 ; 40 L. J. M. C. 169.) 
 
 When the apportionment has become conclusive against the 
 OAvner, the council can proceed against him to recover the sums 
 due either summarily (s. 150) or by an action in the County 
 Court if the amount is below 50/. (S. 261, P. H. Act, 1875.) 
 
 Proceedings before justices must be taken within six months 
 from the date when payment was demanded. (S. 11, Summary 
 Jurisdiction Act, 1848, and Grece v. Hunt.) This six months' 
 time limit does not apply to proceedings in the County Court. 
 {Blackburn Corporation v. Sanderson, (1902) 1 K. B. 794; 71 
 L. J. K. B. 590.) 
 
 Notwithstanding the fact that an owner has allowed the three 
 months to elapse without disputing the apportionment, he can, 
 when proceeded against, dispute the whole of his legal liability 
 by proving that he is not a frontager, or that the place in ques- 
 tion is not a street, or that it is a street repairable by the 
 inhabitants at large. {Eccles v. Wirral Sanitarij Authority (1886), 
 17 Q. B. D. 107 ; 55 L. J. M. C. 106.) But if he does not 
 challenge his whole legal liability, he cannot dispute the correct- 
 ness of the apportionment, which will be conclusive against him, 
 even though it is erroneous in that it includes expenses for 
 making up land which does not form part of the street ( Wake 
 V. Sheffield Corporation (1883), 12 Q. B. D. 142 ; 53 L. J. M. C. 
 1), or for making up a part of a street which part is repairable 
 by the inhabitants at large. {Derby Corporation v. Grudgings, 
 (1894) 2 Q. B. 496 ; 63 L. J. M. C. 170.) 
 
HIGHWAYS AND STKEETS. 169 
 
 Instead of taking proceedings against the owner for tlie 
 recovery of these expenses, the council can declare them to he 
 private improvement expenses (s, 150), in which case they can 
 make a private improvement rate (s. 213, P. H. Act, 1875), or 
 the council can hy order declare that the simi due shall be pay- 
 able by annual instalments, together with interest at the rate of 
 5 per cent, per annum, within a period not exceeding thirty 
 years. Each instalment as it falls due can be recovered from 
 the owner or occupier of the premises for the time being. 
 (S. 257, P. H. Act, 1875.) 
 
 The expenses apportioned until paid are, together with 
 interest at the rate of 5 per cent, per annum, a charge on the 
 premises. Similarl}'", when owners have agreed with the council 
 that the works shall be executed by the council, the expenses are 
 a charge on the premises until they have been paid. (S. 257, 
 P. H. Act, 1875.) 
 
 This charge exists independently of any of the other remedies 
 against the owner or occupier of the premises; but if the 
 expenses have been declared to be payable by instalments they 
 must remain so payable, and the charge can then only be 
 enforced for instalments in arrear. {Tottenham L. B. v. liowcU 
 (1880), 15 Ch. D. 378 ; 50 L. J. Ch. 99.) 
 
 The charge will take effect from the date the works are com- 
 pleted ; but it cannot be enforced until the apportionment has 
 become binding and conclusive. {Stock v. Mca/cin, (1900) 1 Ch. 
 683 ; 69 L. J. Ch. 401.) 
 
 It can be enforced in the Chancery Division of the High 
 Court, or, if the amount does not exceed 500/., in the Couut}' 
 Court (s. 67, sub-s. 3, County Court Act, 1888), by an action for 
 a declaration of the charge, and for an order for the sale of the , , 
 premises. faM^^^r^u^a^ ^^^Oi ^S^, ^--S '^'^'^' "'^^^^^.S 
 
 The enforcement of the charge will be barred by the Real 
 Property Limitation Act, 1874, after twelve years. {Ilormeij 
 L. B. V. Monarch Building Co. (1889), 24 Q. B. D. 1 ; 59 
 L. J. M. C. 105.) f(rA> Ciif, ^J k^^^r-^y /o^'5 /^ K6 
 
 When a private street has been sewerbd, paved, lighted, &c. 
 to the council's satisfaction, they can, if they tliink fit, by a 
 notice put up in any part of the street, declare it to be a high- 
 way repairable by the, inhabitants at large. The street will 
 
170 DISTRICT COUNCILS. 
 
 then, after one month from the putting up of the notice, hecome 
 so repairable, unless within that period the owner of the street, , 
 or a majority of OAvners (joint owners count as one), object by 
 notice in writing to the council. (S. 152, P. H. Act, 1875.) 
 
 In A.-G. V. Bidder (1881), 47 J. P. 263, it was held that the 
 local authority could not take over a private street under s. 152, 
 unless all the works specified in s. 150 had been executed in it. 
 But in districts where Part III., P. H. Act, 1890, has been 
 adopted by the council, s. 152, supra, is replaced by s. 41, P. H. 
 Act, 1890, which provides that when an>/ of the works men- 
 tioned in s. 150, P. H. Act, 1875, have been done in a street, or 
 in any part of the street, the street or that part of it may, by 
 notice posted up in the street, be declared by the council to be 
 a highway repairable by the inhabitants at large. In this case, 
 too, the owner, or a majority (in number or value) of owners, 
 can make objection in writing to the council within one month 
 after the posting up of the notice. 
 
 1^ ^ ^11. —Neither ss. 150, 151 and 152, P. H. Act, 1875, nor s. 41, 
 ^ P. H. Act, 1890, apply in districts where the Private Street Works 
 
 ^ ' Act, 1892, is in force. But where a district council had given 
 notices to frontagers under s. 150, P. H. Act, 1875, and after 
 the time specified in the notice for the carrying out of the works 
 had expired the council adopted the 1892 Act, it was held 
 that the adoption of the 1892 Act did not invalidate the notices. 
 {Hcston and Isleicorth U. D. C. v. Grout, (1897) 2 Ch. 310 ; 66 
 L. J. Oh. 647.) 
 
 When a private street or part of it is not sewered, levelled, 
 paved, metalled, flagged, made good and lighted to the satis- 
 faction of the council, the council may from time to time 
 resolve to do any of the following private street works, i.e., to 
 sewer, level, pave, metal, flag, channel, or make good, or to 
 provide means for lighting the street. The resolution of the 
 council may include several streets or it may be limited to any 
 part of a street. (S. 6, sub-s. 1, P. S. W. Act, 1892.) 
 
 Paving, metalling, and flagging include macadamizing, 
 asphalting, gravelling, kerbing, and every method of making 
 a carriage-way or footway. (S. 5, P. S. W. Act, 1892.) 
 
 N.B. — There is no necessity, as under s. 150, P. H. Act, 
 
HIGHWAYS AND STREETS. 171 
 
 1875, to give the frontagers notice to do any of these works. 
 In fact the frontagers are given no option of executing the 
 works, although there is nothing to prevent the council and the 
 frontagers agreeing that the latter shall carry out the works. 
 
 The council can resolve to do all or any of the private street 
 works mentioned in the section, and from time to time as they 
 appear to the council to. be necessary — which means that the 
 council can put this Act into operation in respect of a private 
 street in which private street works have already been done, but 
 which require to be done again. 
 
 The council may include in any private street works they 
 resolve upon any works which they think necessary for 
 bringing the street, or part of a street, as regards sewerage, 
 drainage, level, or other matters, into conformity with other 
 streets (whether private streets or not). This power includes 
 the power to provide separate sewers for the reception of sewage 
 and of surface water respectively. (S. 9, sub-s. 1.) 
 
 When the council have resolved on doing private street 
 works, the surveyor must prepare — (a) a specification of the 
 works referred to in the resolution, with plans and sections (if 
 applicable) ; (b) an estima,te of the probable expenses of the 
 works ; (c) a provisional apportionment of the estimated ex- 
 penses among the premises liable to be charged. (S. 6, 
 sub-s. 2.) A commission of 5 per cent, for covering the 
 expense of surveys, superintendence and notices may be in- 
 cluded in the estimate : this commission, when recovered, must 
 be earned to the credit of the district fund. (S. 9, sub-s. 2.) 
 
 The expenses are to be apportioned on the premises fronting, 
 adjoining, or abutting on the street or part of a street in respect 
 of which the expenses are to be incurred ; and the apportion- 
 ment is to be according to the respective frontages. But the 
 council may, if they think it just, resolve that in settling the 
 apportionment regard shall be had to — (a) the greater or less 
 degree of benefit to be derived by any premises from such 
 works ; (b) the amount and value of any work already done by 
 the owners or occupiers of such premises. (S. 6, sub-s. 1.) 
 
 Further, the council may, if they think it just, include in 
 the apportionment any premises which do not front, adjoin, or 
 abut on the street, but from which there is an access to the 
 
172 DISTRICT COUNCILS. 
 
 street by a passage or otherwise, and which premises will, in 
 the council's opinion, be benefited by the works. If the council 
 resolve to include any such premises in the apportionment thej"- 
 can fix the proportion of expenses to be charged against them. 
 (S. 10.)^ 
 
 Premises on both sides of a street which is to be made up 
 under this Act must have the expenses charged on them. 
 Where a street was bounded on one side by a row of houses along 
 which ran a footpath, and on the other side by grass land 
 belonging to the local authority, it was held that a separate 
 apportionment charging the expense of making up the foot- 
 path could not be made against the owners of the houses, but 
 that this expense must be apportioned among the owners on 
 both sides. {Cladon L. B. v. Young, (1895) 1 Q. B. 395 ; 64 
 L. J. M. C. 124.) 
 
 An apportionment of expenses is bad if it does not include 
 the whole of the premises fronting on the street, whether any- 
 one is chargeable in respect of some of the premises or not. 
 {Heme Bay U. D. C. v. Fa?/i7e (1907), 76 L. J. K. B. 685.) 
 In this case the Court expressed the opinion that the council 
 were liable to pay the expenses apportioned in respect of land 
 which had been purchased by the council for public recreation, 
 notwithstanding that it could not be let at a rack-rent. 
 
 The specification, &c., estimate, and provisional apportionments 
 which the surveyor has to prepare must comprise the particulars 
 prescribed by Part I. of the Schedule, seqiiitnr. They must be 
 submitted to the council for approval. This approval must bo 
 by resolution, and may be with or without modification or 
 addition, as the council think fit. (S. 6, sub-s. 2.) 
 
 The resolution approving the surveyor's specifications, &c. 
 must be published by advertisement in some local newspaper 
 once in two successive weeks and by means of a poster put up 
 in or near the street in question. (Part II. of Schedule, 
 seqnitur.) And copies of these documents — i.e., the resolution, 
 specifications, &c., estimate, and provisional apportionment — 
 must be served on the owners of the premises shown in the 
 provisional apportionment to be charged with the expenses 
 within seven days after the first publication of the resolution, 
 &c. (S. 6, sub-s. 3.) 
 
HIGHWAYS AND STREETS. 173 
 
 Specifications. — These must describe generally the works and 
 things to be done, and, in case of structural works, must specify 
 the foundations, form, material and dimensions of these works. 
 
 Plans and Sections. — These must show the constructive 
 character of the works, the connections (if any) with existing 
 streets, sewers, or other works, and the lines and levels of the 
 work. (P. 171.) 
 
 Estimates. — These must show the particulars of the probable 
 cost, including the commission chargeable imder s. 9, sub-s. 2, 
 supra. 
 
 Provisional Apportionments. — These must state the amounts 
 charged on the respective premises, and the names of the 
 owners or reputed owners, and also whether the apportionment 
 is made according to the frontage of the respective premises or 
 not, the measurements of the frontages, and any other con- 
 siderations on which the apportionment is based. (Part I.) 
 A resolution must be advertised once in each of two successive 
 weeks in a local newspaper, and the public notice of it must be 
 fixed up in or near the particular street once at least in each of 
 three successive weeks. (Part II. of Schedule.) 
 
 N.B. — The service of copies of the resolution, provisional 
 apportionment, &c. is a condition precedent to the council 
 recovering the expenses of doing private street works from the 
 owners of premises. Service of these documents must be done 
 in accordance with s. 267, P. H. Act, 1875. A service is a 
 good one if merely addressed to " the owner " and delivered to 
 anybody on the premises, or put up in a conspicuous position 
 thereon. But when a district council addressed by name a 
 notice of a provisional apportionment to a person who was 
 believed by the council to be the owner, but who was not in 
 fact the owner, it was held that they could not recover their 
 expenses of the work done by them from the actual owner. 
 ( Wirral R. D. C. v. Carter, (1903) 1 K. B. 646 ; 72 L. J. K. B. 
 332.) 
 
 For one month from the date of the first publication (under 
 Part II., Schedule), the approved specification, estimate, &c., 
 or copies of them certified by the surveyor, must be kept at 
 the council ofl&ce, and must be open to inspection at all reason- 
 able times. (S. 6, sub-s. 3.) 
 
174 DISTRICT COUNCILS. 
 
 During this month, an owner shown in the provisional 
 apportionment to be liable may, by notice in writing, object to 
 the council's proposals on all or any of the following grounds — 
 
 (a) That a street, or part of a street, is not a street within the 
 
 meaning of this Act. 
 
 (b) That a street, or part of a street, is (in whole or in part) 
 
 a highway repairable by the inhabitants at large. 
 
 (c) That there has been some material defect, informality, or 
 
 error in, or in respect of, the resolution, notice, plans, 
 sections, or estimate. 
 
 (d) That the proposed works are insufficient or unreasonable, 
 
 or that the estimated expenses are excessive. 
 
 (e) That any premises ought to be excluded from, or inserted 
 
 in, the provisional apportionment. 
 
 (f) That the provisional apportionment is incorrect in some 
 
 matter of fact, to be specified in the objection, or 
 
 (where under s. 10, supra, the council have given 
 
 effect to the considerations therein mentioned) is 
 
 incorrect in respect of the degree of benefit to be 
 
 derived from the works by any persons, or in respect 
 
 of the amount or value of any work already done by 
 
 the owner or occupier of the premises. 
 
 Joint tenants may make these objections through one of 
 
 their number, authorized in writing under the hands of the 
 
 majority to do so. (S. 7.) 
 
 " Insufficient " does not mean insufficient, having regard to 
 some matter which might make a better scheme for the 
 neighbourhood in general : the expression points exclusively 
 to a comparison between the work ordered to be done and the 
 method of carrying it out. 
 
 "Unreasonable" has a larger meaning: works which are 
 not required and which ought not to be done at all would be 
 unreasonable. (See judgments in Mansfield Corporation v. 
 Biitterivorth, (1898) 2 U. B. 274 ; 67 L. J. Q. B. 709.) 
 
 After the expiration of the month, the council can apply to 
 a Court of summary jurisdiction to appoint a time for hearing 
 and determining any objections that have been made ; and the 
 council must publish and serve the objectors with notice of the 
 time and place so appointed. 
 
HIGHWAYS AND STEEETS. 175 
 
 At the hearing the Court may quash in whole or in part, or 
 may amend the resolution, plans, estimates and provisional 
 apportionment on the application either of the council or of 
 an ohjeetor. (S. 8, sub-s. 1.) 
 
 The costs of these proceedings are entirely within the dis- 
 cretion of the Court. (S. 8, sub-s. 3.) 
 
 No objection (i.e., under s. 7, stipm, or s. 12, infra) can be 
 made in any other Court or in any other manner than as 
 provided by this Act. (S. 8, sub-s. 2.) 
 
 There is an appeal to Quarter Sessions against the Court's 
 decision. {Pearce v. Maidenhead Corporation (1907), 76 L. J. 
 K B. 591.) 
 
 When the Court amends a resolution, &c., the amended 
 resolution will take efPect as if it had been duly passed ab initio ; 
 and it will not be necessary for the council to go tlirough the 
 formalities required by s. 6 afresh. [Twickenham U. D. C. v. 
 Mimton, (1899) 2 Ch. 603.) 
 
 The district council may, from time to time, amend the 
 specifications, plans, estimates and provisional apportionments. 
 
 But if the total amount of any estimate is increased, the new 
 estimate and provisional apportionment must be published as 
 directed by Part II. of the Schedule, supra : these documents 
 must be open to inspection at the office of the council, and 
 copies of them must be served on the owners of the premises 
 affected. 
 
 Objections can be made to the increased estimate and new 
 apportionment, and must be determined (see s. 8) in the same 
 manner as objections to the original estimate and apportion- 
 ment. (S. 11.) 
 
 When anp private street works have been completed and the 
 expense ascertained, the surveyor must make the final apportion- 
 ment by dividing the ascertained expenses among the owners 
 in the same proportion as the estimated expenses were divided 
 in the original (or amended) apportionment. 
 
 Notice of the final appoi-tionment must be served on the 
 owners of premises affected by it, and the final apportionment 
 will be conclusive unless the owners successfully object to it. 
 (S. 12, sub-s. 1.) 
 
 When between the services of the notice of the provisional 
 
176 DISTRICT COUNCILS. 
 
 • 
 apportionment and of the notice of the final apportionment an 
 owner mortgaged the premises, it was held that the mortgagee 
 in possession and not the mortgagor was the '• owner " on whom 
 the notice of the final apportionment ought to have been served. 
 As the council had served this notice, addressed by name, on the 
 mortgagor, the requirements of the Act had not been complied 
 with, and the council were held to have no power to sell the 
 premises as against the mortgagee for enforcing their charge 
 upon them. {Magaire v. Leigh-on-Sea U. D. C. (1906), 95 
 L. T. 319.) 
 
 Within one month after receiving notice of the final 
 apportionment an owner can object to it, by giving notice in 
 WTiting of his objections to the council, on any of the following 
 grounds — 
 
 (a) That the actual expenses have, without sufficient reason, 
 
 exceeded the estimated expenses by more than 15 per 
 cent. 
 
 (b) That the final apportionment has not been made in 
 
 compliance with s. 12, sub-s. 1, e.g., that it was made 
 before the completion of the works and before their 
 cost was ascertained, or that it does not accord with 
 the division of expenses in the original apportion- 
 ment. 
 
 (c) That there has been an unreasonable departure from the 
 
 specification, plans and sections. (S. 12, sub-s. 2.) 
 If an owner's objections cannot be brought within any of the 
 above-mentioned grounds of objection, he has no remedy at all 
 against the final apportionment. {Per Channell, J., in Hayles 
 V. Sandoivn U. D. C, (1903) 1 K. B. 169 ; 72 L. J. K. B. 48.) 
 These objections are to be determined in the manner pro- 
 vided by s. 8, supra. (S. 12, sub-s. 3.) 
 
 The incumbent, minister, or trustee of a church, chapel, or 
 place appropriated to public worship, which is for the time 
 being exempt from poor rate (see 3 & 4 "Will. IV. c. 30, supra, 
 p. 167), is not liable for private street works expenses as the 
 owner of the place of worship or of any burial ground attached 
 to it. These expenses are not to be a charge on such place. 
 But the district council must pay the proportion of expenses in 
 respect of such premises which enjoy an exemption under this 
 
HIGHWAYS AND STREETS. 177 
 
 section. (S. 16.) The money can be drawn from the district 
 fund. (S. 23.) 
 
 N.B. — This section differs in two respects from the corre- 
 sponding s. 151, P. H. Act, 1875. Firstly, it exempts trustees of a 
 place of public worship who have been held to be the " owners " 
 of a chapel under s. 150, P. H. Act, 1875. {Hornsey L. B. v. 
 Breicis (1890), 60 L. J. M. C. 48.) Secondly, whereas s. 151, 
 P. H. Act, 1875, makes it optional for the council to defray 
 that proportion of expenses in respect of which a church, &c. is 
 exempt, this s. 16 makes it compulsory. 
 
 Of course, the exemption from these expenses depends on 
 whether the place is used exclusively for the purpose of public 
 worship. {Hormey L. B. v. Brewis.) 
 
 If a street was not in existence at the date when a district 
 council adopted this Act, but has come into existence since, a 
 railway or canal company is exempt fronj private street works 
 expenses in respect of premises the property of the company 
 abutting on such street, provided that the premises do not 
 communicate with the street. In such case the proportion of 
 expenses which would have been apportioned on these premises 
 must be paid by the other frontagers. 
 
 But if, subsequently, a direct communication is made between 
 these premises and the street, the company must pay to the 
 council that proportion of expenses from which there was an 
 exemption, and the council must divide this sum among those 
 owners who were made liable. The surveyor is to decide the 
 proportions in which this sum is to be divided, and his decision 
 is to be final. (S. 22.) 
 
 The Thames Conservators are exempt from liability to pay 
 private street works expenses. (S. 26.) 
 
 When the final apportionment has become conclusive the 
 amount fixed by it can be recovered by the council either in the 
 manner provided by ss. 13 and 14, infra, or as private improve- 
 ment expenses are recoverable under the P. H. Act, 1875, 
 including the power of the council to order any such expenses 
 to be payable by instalments. (S. 12, sub-s. 1.) 
 
 This amount, together with interest at the rate of 4 per cent, 
 per annum, is a charge on the premises and all estates and 
 
178 DISTRICT COUNCILS. 
 
 interests in them ; and for the recovery of this amount the 
 council are in the same position as mortgagees in possession. 
 (S. 13, sub-s. 1.) 
 
 A register of these charges and of the payments made in 
 satisfaction of them must he kept by the council. This register 
 must he open to inspection by any person on payment of a sum, 
 not more than one shilling, in respect of each name and pro- 
 perty searched for. The council must also furnish copies of 
 any part of the register to any person applying for them on 
 payment by him of such reasonable sum as is fixed by the 
 council. (S. 13, sub-s. 2.) 
 
 The charge on the premises takes efEect from the date of the 
 completion of the works, and not from the date of the final 
 apportionment. But the interest which is recoverable will 
 begin to run from the date of the final apportionment, so that 
 an owner objecting to the final apportionment will not escape 
 from paying interest on the amount finally fixed between the 
 date of the final apportionment and the date of the determina- 
 tion of his objection by the justices. {Sfock v. Meakin, (1900) 
 1 Ch. 683 ; 69 L. J. Ch. 401.) 
 
 For enforcing the charge, the council can bring an action for 
 a declaration that the council are entitled to a charge on the 
 premises and for an order for the sale of them. ( West Ham 
 Corporation v. Sharp, (1907) 1 K. B. 445 ; 76 L. J. K. B. 307.) 
 
 But in addition to and without prejudice to any other remedy 
 the council, if they think fit, may from time to time recover 
 summarily or by an action of debt from the owner of the 
 premises for the time being the whole or any portion of the 
 sum due in respect of those premises for private street works. 
 Interest at the rate of 4 per cent, per annum from the date of 
 final apportionment until payment may be recovered with the 
 principal due. (S. 14.) 
 
 Though the owner of the premises at the time when the 
 works are completed is primarily liable, this section enables a 
 council to recover from successive owners. 
 
 But instead of making the owners of the premises amongst 
 which these private street works expenses have been appor- 
 tioned, liable, the council may at any time resolve to contribute 
 the whole or a portion of the expenses. This contribution can 
 
HIGHWAYS AND STREETS. 179 
 
 be made from the general district rate or fund, or from any- 
 other rate out of which general expenses are payable. (S. 15.) 
 
 The council, with the consent of the L. Gr. B., can borrow 
 money for the purpose of temporarily providing for private 
 street works expenses. (S. 18.) 
 
 Separate accounts must be kept of all moneys expended and 
 recovered by the council in the execution of this Act. (S. 21, 
 sub-s. 1.) 
 
 All moneys recovered must be applied in repayment of money 
 borrowed for executing private street works, or, if there is no 
 such loan, as the L. G. B. directs. (S. 21, sub-s. 2.) 
 
 When all or any private street works have been done in a 
 street, and the council consider that it ought to become a high- 
 way repairable by the inhabitants at large, they may^ by notice 
 fixed up in the street, declare it to be so repairable ; and there- 
 upon it will become repairable at the public expense. (S. 19.) 
 This section gives the council a discretion. 
 
 But if a street is (when the Act is adopted in the district), or 
 has afterwards been, sewered, levelled, paved, metalled, flagged, 
 channelled, and made good {all such works being done to the 
 satisfaction of the council), the council must, on the written 
 application of the owners of the greater part in value of the 
 premises in the street, and within three months from the appli- 
 cation, fix a notice in the street declaring it to be a highway 
 repairable by the inhabitants at large. The street will there- 
 upon become so repairable, (S. 20, P. S. W. Act, 1892.) 
 
 III. — Where repairs are required in a private street to obviate 
 or remove danger to passengers or vehicles, the district council can 
 give notice in writing to the owners of the lands and premises 
 fronting, adjoining, or abutting on the street to execute within 
 a specified time such repairs as are described in the notice. 
 
 If these repairs are not executed by the owners within the 
 specified time, the council can effect the repairs, and can recover 
 the cost summarily as a civil debt from the defaulters. The 
 amount recoverable from each owner is to be in the proportion 
 which tlie extent of his premises bears to the total extent of all 
 lands and premisesfronting, adjoining, or abutting on the street. 
 
 When the name or place of abode of the owner cannot be 
 
 n2 
 
180 DISTRICT COUNCILS. 
 
 found, a copy of the notice must be sent by post to or left 
 with the occupier, or, if there is no occupier, a copy of the 
 notice must be affixed on some conspicuous part of the lands 
 and premises. 
 
 In every case in which, within the time specified by the 
 notice, the majority in number or rateable value of owners 
 of lands and premises in the street, by a notice in writing, 
 require the council to proceed, in relation to a street, under 
 8. 150, P. H. Act, 1875, or under the Private Street Works 
 Act, 1892, in districts where the latter Act is in force, the 
 council must so proceed ; and then when the necessary works 
 have been completed the council must declare the street to 
 be a highway repairable by the inhabitants at large, and it 
 will become so repairable on and after the date of the declara- 
 tion. (S. 19, P. H. Act, 1907.) 
 
 N.B. — This section is only in force in districts to which it 
 or the whole of Part II. of the P. H. Act, 1907, has been 
 applied by order of the L. Gr. B. 
 
 Horseflesh. 
 
 Urban and rural district councils can enforce in their districts 
 the Sale of Horseflesh Eegulations Act, 1889. 
 
 Horseflesh for human food must only be sold in a place on 
 which there is painted or posted in legible characters (of not 
 less than four inches in length, and in a conspicuous position, 
 and visible by night as well as day), words indicating that 
 horseflesh is sold there. (S. 1.) 
 
 Horseflesh must not be sold for human food as other 
 meat. (S. 2.) 
 
 "Horseflesh" includes the flesh of asses and mules, and 
 horseflesh cooked or uncooked, alone or mixed with any other 
 substance. (S. 7.) 
 
 The medical officer, sanitary inspector, or other officer acting 
 on the instructions of the council, can inspect meat which he 
 has reason to believe to be horseflesh, exposed for sale or 
 deposited for the purpose of sale or of preparation for sale, 
 and intended for human food, ia any place other than a horse- 
 flesh shop. If the meat appears to him to be horseflesh, he 
 
HOSPITALS. 181 
 
 can seize it and take it before a justice (s. 3), wlio can make 
 such order for its disposal as he thinks fit. (S. 5.) A justice 
 can grant a search warrant. (S. 4.) 
 
 The onus of proving that horseflesh exposed for sale, &c. in 
 a place other than a horseflesh shop was not intended for human 
 food, rests on the person so exposing it. (S. ().) 
 
 An offence against this Act entails a penalty of 20/., which 
 is recoverable summarily. (S. 6.) 
 
 Hospitals. 
 
 A district council can provide a hospital or temporary place 
 for the reception of the sick for the use of the inhabitants of 
 the district. 
 
 The council can either build a hospital, or contract for the 
 use of a hospital or part of one, or enter into an agreement 
 with persons having the management of a hospital, for the 
 reception of the sick inhabitants of the district, on payment of 
 such annual or other sums as may be agreed upon. 
 
 Two or more local authorities can combine in providing a 
 common hospital. (S. 131, P. H. Act, 1875.) 
 
 A local authority are not confined by this section to establish- 
 ing a hospital within the boundaries of their district. A hospital 
 may be built on the council's land situated within the district 
 of another local authority, and a hospital is not a work which 
 requires the assent of the other authority under s. 285, P. H. 
 Act, 1875. {Withington L. B. v. Manchester CorporatioUy 
 (1893) 2 Ch. 19 ; 62 L. J. Ch. 393.) 
 
 The expense of maintaining a patient, who is not a pauper, 
 in the hospital, is recoverable from him as a debt due to the 
 council within six months of his discharge from hospital, or 
 from his estate in the event of his dying in the hospital. 
 (S. 132, P. 11. Act, 1875.) 
 
 As to when a patient can be removed to a hospital and 
 detained there at the council's expense, see s. 124, P. H. Act, 1875, 
 and 8. 12, Infectious Disease Prevention Act, 1890 (p. 231). 
 
 In districts where s. 60, Part IV., P. H. Act, 1907, is in 
 force, the council may remit the cost of maintenance of a patient 
 (who is not a pauper) in hospital if they think such a course is 
 
182 DISTRICT COUNCILS. 
 
 justified by the oircumstanees of the case. (S. 60, P. H. Act, 
 1907.) 
 
 A district council are bound to receive into their hospital, as 
 long as there is room, all patients sent thither who are suffering 
 from infectious disease, and who are not in a position to take 
 care of themselves. {B. v. Raictenstall Corporation (1894), 
 10 T. L. R. 643.) 
 
 Where the hospital rules made by the local authority provided 
 that the responsibility of deciding when a patient should be 
 discharged as being free from infection should rest with the 
 visiting physician employed by the local authority, it was held 
 that, if a competent medical man had been employed, and if 
 the patient had been discharged from hospital on his advice, 
 the local authority could not be liable if it subsequently turned 
 out that the patient had been prematurely discharged. The 
 local authority " do not undertake the duties of medical men. 
 They do not undertake to give medical advice, but they do 
 undertake that the patients received in their hospital shall have 
 competent medical advice and assistance." (Walton, J., Evans 
 V. Liverpool Corporation (1905), 74 L. J. K. B. 742.) 
 
 With the sanction of the L. G. B., a district council can 
 provide a temporary supply of medicine and medical assistance 
 for the poorer inhabitants of the district. (S. 133, P. H. Act, 
 1875.) 
 
 Joint Hospital Boards can be formed by Provisional Order of 
 the L. Gr. B., on application being made to the board by the 
 local authorities desirous of establishing a common hospital for 
 their districts. (S. 279, P. H. Act, 1875.) The Provisional 
 Order must be confirmed by Act of Parliament, and will set 
 out the respective contributions to be paid by the constituent 
 councils towards the maintenance of the joint hospital, and also 
 the details of management. 
 
 Isolation Hospitals. 
 
 The P. H. Act, 1875, leaves it quite optional for a district 
 council to provide their district with a hospital ; but a certain 
 degree of compulsion was introduced by the Isolation Hospitals 
 Act, 1893. This Act enabled the County Councils to take steps 
 
HOSPITALS. 183 
 
 for promoting the establishment of hospitals for infectious 
 diseases in districts where hospital accommodation is required. 
 
 The Act does not apply to a borough without the consent of 
 the borough council and unless the L. Gr. B. directs that it shall 
 apply. (S. 2, Isolation Hospitals Act, 1893.) 
 
 An application to the County Council for the establishment 
 of an isolation hospital district can be made by a district council 
 or not less than twenty-five ratepayers in any contributory 
 place. (S. 4, Isolation Hospitals Act, 1893.) 
 
 But if the medical officer of the county, after holding an 
 inquiry, reports that an isolation hospital is required, the 
 County Council can proceed to form a hospital district without 
 any such application as above mentioned having been made. 
 (S. 6, Isolation Hospitals Act, 1893.) 
 
 The application must be made in the form of a petition, and 
 must state the district for which the hospital is required and the 
 reasons for its establishment. (S. 5, Isolation Hospitals Act, 
 1893.) 
 
 N.B. — A local authority, including a joint board, can, with 
 the consent of the L. Gr. B. and of the County Council, transfer 
 a hospital provided by virtue of the powers given by s. 131 or 
 8. 279, P. H. Act, 1875, to the County Council for use as an 
 isolation hospital. The L. Gr. B. will direct how the moneys 
 paid to the local authority for the transfer are to be appro- 
 priated, and the cost to the County Council is to be treated as 
 "structural" (see p. 187, infra) expenses. (S. 1, Isolation 
 Hospitals Act, 1901.) 
 
 When the petition has been presented, the County Council, 
 after holding a local inquiry (s. 7, Isolation Hospitals Act, 1893), 
 can either dismiss it or can constitute a hospital district. (S. 9, 
 Isolation Hospitals Act, 1893.) This district may consist of one 
 or more local areas. (S. 8, Isolation Hospitals Act, 1893.) 
 
 A " local area " includes an urban or rural district, a parish, 
 or any contributory place. (S. 26, Isolation Hospitals Act, 
 1893.) 
 
 But a local area that is already provided with sufficient 
 hospital accommodation is not to be included in an isolation 
 hospital district without the assent of the local authority as 
 testified by a resolution. If any urban or rural district council, 
 
184 DISTRICT COUNCILS. 
 
 or a parish council (s. 6, Isolation Hospitals Act, 1901), having 
 jurisdiction in the proposed hospital district, object to the 
 formation of such hospital district or to the addition or sub- 
 traction from it of a " local area " within their jurisdiction, 
 they can a[>peal to the L. Gr. B. 
 
 This appeal must be made within three months from the 
 County Council's order for the formation of the hospital district 
 (s. 8, Isolation Hospitals Act, 1893) ; and the L. Gr. B. can then 
 con6rm, disallow, or modify the County Council's order, (S. 5, 
 Isolation Hospitals Act, 1901.) 
 
 Moreover, the County Council must not make an order con- 
 stituting an isolation hospital district for one or more parishes 
 or contributory places forming a portion of a rural district or 
 for one single " local area," unless the district council in either 
 case consent or are proved to the satisfaction of the County 
 Council to be unable or unwilling to provide suitable hospital 
 accommodation for that particular place or area. (S. 9, Isolation 
 Hospitals Act, 1893.) 
 
 The County Council must send a copy of every .order made 
 by them under s. 9 to the L. Gr. B. (S. 5, Isolation Hospitals 
 Act, 1901.) 
 
 "When a hospital district has been formed, the County Council 
 must form a hospital committee. 
 
 This committee may consist wholly of the representatives of 
 the County Council, or partly of representatives of the County 
 Council and of the " local areas " constituting the hospital 
 district. 
 
 But if the County Council make no contribution to the funds 
 of the hospital (see s. 21, p. 187), this committee must consist 
 wholly of representatives of the " local areas," unless the local 
 authorities of those areas desire it to be otherwise. (S. 10, 
 Isolation Hospitals Act, 1893.) 
 
 The County Council's representatives on this committee need 
 not necessarily be members of the County Council. (S. 8, 
 Isolation Hospitals Act, 1901.) 
 
 If a local authority in the hospital district feel aggrieved by 
 the mode in which this committee is constituted, they can appeal 
 to the L. G. B. 
 
 The County Council can make regulations for the election, 
 
HOSPITALS. 185 
 
 qualification of members, and for all other matters relating to 
 the constitution of the committee. (S. 10, Isolation Hospitals 
 Act, 1893.) 
 
 The committee will have such powers of providing and 
 managing a hospital as are delegated to it by the County 
 Council ; but the County Council must retain the power of 
 inspecting the hospital and raising money by loan for the pur- 
 poses of the hospital. The committee is a body corporate 
 having a perpetual succession and a common seal, under such 
 style as the County Council confer on it. (S. 10, Isolation 
 Hospitals Act, 1893.) 
 
 Besides being able to acquire land by gift or devise (s. 10), 
 the committee can, subject to the County Council's directions, 
 purchase or lease lands, within or without the hospital district, 
 for the erection of an isolation hospital. Ss. 175 to 178 (dealing 
 with the purchase of land) and ss. 296 to 298, P. H. Act, 1875 
 (relating to Provisional Orders), apply to the purchase of land 
 by a hospital committee. (S. 11, Isolation Hospitals Act, 1893.) 
 
 The committee may contract for the reception of patients 
 upon terms to be agreed upon. The expenses incurred under 
 this section are to be defrayed as structural, establishment or 
 patients' expenses, ii^ such proportion as the committee directs. 
 (S. 3, Isolation Hospitals Act, 1901.) 
 
 The committee may make rules for the management of the 
 hospital and the patients (s. 12, Isolation Hospitals Act, 1893), 
 and must provide ambulances for conveying patients to the 
 hospital ; and the hospital must, as far as practicable, be con- 
 nected with the telegraph. (S. 13, Isolation Hospital Act, 
 1893.) 
 
 In the event or in expectation of an outbreak of infectious 
 disease, the committee can provide additional hospital accom- 
 modation by hiring buildings, tents, &c. for the reception of 
 patients. Moreover, in addition to, or instead of, a central 
 hospital, the committee may establish hospitals in cottages or 
 otherwise, as it thinks fit, and it may provide a temporary 
 hospital until the permanent one is established. (S. 14, Isolation 
 Hospitals Act, 1893.) 
 
 Subject to the County Council's regulations, the committee 
 may make regulations for the training of nurses for attending 
 
186 DISTRICT COUNCILS. 
 
 patients suffering from infectious disease in or outside the 
 hospital. A charge may be made by the committee for the 
 attendance of a nurse on a patient not in the hospital. The 
 expenses of these nurses, after deducting any profits derived 
 from their services, are to be "establishment" (see s. 17, infra) 
 expenses. (S. 15, Isolation Hospitals Act, 1893.) 
 
 The committee must make a charge in respect of every patient 
 admitted to the hospital of such sum as will be sufficient to 
 defray the expenses defined as " patients' " expenses ; and if a 
 patient is brought from beyond the hospital district, such 
 additional sum shall be charged as the committee thinks fit as 
 a contribution towards the " structural " and " establishment " 
 expenses. (S. 16, sub-s. I, Isolation Hospitals Act, 1893.) 
 
 Patients desirous of accommodation of an exceptional character 
 may be so accommodated on their undertaking to pay a sum 
 fixed by the committee, in addition to all other expenses 
 incurred in their maintenance in hospital. These expenses are 
 " special patients' " expenses. (S. 16, sub-s. 2, Isolation Hospitals 
 Act, 1893.) 
 
 The expenses of a patient who, at the time of his admission 
 to hospital, or fourteen days previous to it, was in receipt of 
 poor law relief, are recoverable in a summary manner from the 
 guardians of the union from which he was sent, (S. 19, sub-s. 1.) 
 
 The expenses of a non-pauper patient are recoverable from 
 the urban or rural district council of the " local area " from 
 which he was sent, and must be paid out of the local rate. 
 (S. 19, sub-s. 2, Isolation Hospitals Act, 1893.) The rural 
 district council is the authority in every rural local area, though 
 the parish council still have the right to object to the L. Gr. B. 
 against the formation of a hospital district. (S. 6, Isolation 
 Hospitals Act, 1901.) 
 
 In a rural district the expenses that can be recovered from 
 the district council by the committee for the maintenance of a 
 patient sent from a contributory place in the council's district, 
 are to be defrayed as "special" expenses. (S. 26, Isolation 
 Hospitals Act, 1893.) 
 
 Where a patient has been brought from a place beyond the 
 hospital district, the additional charge which the committee can 
 make in respect of him (see s, 16, sub-s. 1, mpra) is recoverable, 
 
HOSPITALS. 187 
 
 if a pauper, from the guardians ; if a non-pauper, from the local 
 authority. (S. 19, sub-s. 3.) 
 
 " Special patients' " expenses are recoverable summarily from 
 the patient or from his estate. (S. 19, sub-s. 4.) 
 
 Burial expenses of a patient dying in hospital are payable in 
 the same manner in which the expenses of his maintenance in 
 hospital are payable. (S. 19, sub-s. 5, Isolation Hospitals Act, 
 1893.) 
 
 " Structural " expenses include the original cost of providing 
 the hospital, the purchase of the site, and the furnishing the 
 hospital with the necessary appliances and furniture for the 
 reception of patients {e.g., the ambulances, under s. 13) ; also 
 the cost of any permanent extension of the hospital, or alteration, 
 or repair to the drainage, or structural repairs. But ordinary 
 repairs, painting, cleaning, and the renewal or keeping in order 
 of appliances and furniture, or the supply of new appliances or 
 furniture, are not included. These last expenses come within 
 the definition of " establishment " expenses. 
 
 " Establishment " expenses include the cost of keeping the 
 hospital, its appliances and furniture, in a state requisite for the 
 comfort of the patients ; also the salaries of the doctors, nurses, 
 servants, and all other expenses for maintaining the hospital in 
 a condition fit for the reception of patients. 
 
 *' Patients' " expenses mean the cost of conveying, removing, 
 and feeding patients, providing medicines, disinfecting, and the 
 cost of all other things required for patients individually, 
 exclusive of expenses which are " structural " and "establish- 
 ment " charges. (S. 17, sub-s. 1.) 
 
 In case of doubt as to whether expenses are "structural," 
 " establishment," or " patients," the committee is to decide to 
 what class they belong, and its decision is final. (S. 17, sub-s. 3.) 
 
 But all expenses incurred by the County CouncU in and 
 about the formation of a hospital district, including the costs of 
 inquiries, and the expense of obtaining land and all preliminary 
 expenses, are to be deemed '* structural " expenses. (S. 17, 
 sub-s. 2, Isolation Hospitals Act, 1893.) 
 
 The County Council may contribute out of the county rate 
 a capital or annual sum towards the " structural " and " estab- 
 lishment " expenses not only of an isolation hospital established 
 
188 DISTRICT COUNCILS. 
 
 under the 1893 Act (s. 21, Isolation Hospitals Act, 1893), but 
 also of a hospital provided by a local authority (see supra, 
 p. 181) for the reception of infectious disease patients. (S. 2, 
 Isolation Hospitals Act, 1901.) 
 
 N.B. — The making of this contribution is entirely optional. 
 
 When the hospital district consists of a single " local area " 
 (definition, p. 183), the " structural " and " establishment " 
 expenses are to be defrayed out of the local rate (s. 18), 
 i.e., the rate out of which the expenses incurred in the execution 
 of the P. H. Acts are paid ; and in the case of a contributory 
 place in a rural district, these will be " special " expenses. 
 (S. 26, Isolation Hospitals Act, 1893.) 
 
 When the hospital district consists of more than one " local 
 area," these expenses are to be paid out of the common fund, to 
 which all the committee's receipts must be carried, and to which 
 the constituent district councils must contribute in the propor- 
 tions determined by the County Council in their order forming 
 the hospital district. (S. 18, Isolation Hospitals Act, 1893.) 
 
 For recovering these contributions, the hospital committee has 
 the same powers as a Joint Board. (S. 18, Isolation Hospitals 
 Act, 1893.) 
 
 The accounts of a hospital committee are to be audited in the 
 same manner as those of an urban district council's. (S. 25, 
 Isolation Hospitals Act, 1893.) 
 
 The hospital committee has no power to raise a loan : this 
 power being reserved to the County Council. (S. 10, sub-s. 2, 
 Isolation Hospitals Act, 1893.) The committee may, however, 
 borrow money from the County Council, and any such loan 
 must be repaid by the committee to the council, together with 
 such interest as may be agreed upon between them or settled by 
 the L. G. B. (s. 4, Isolation Hospitals Act, 1901), within the 
 time in which the money, if borrowed by the County Council 
 for the purpose of making this loan to the committee, is repay- 
 able by the Council. (S. 22, Isolation Hospitals Act, 1893.) 
 This loan would, of course, be repaid by the committee from 
 the same sources as the expenses are payable, by virtue of s. 18, 
 supra. 
 
HOUSING. 189 
 
 Housing. 
 
 Council's Powers and Duties with regard to Dwellings. 
 
 No room where any portion of it is immediately over a privy 
 (not being a water- or earth- closet), cess- pool, midden, or ash- 
 pit, must be occupied as a dwelling- or sleeping-place, or as a 
 work-room. (S. 24, P. H. Act, 1890.) This section only 
 applies in districts where Part III. of the P. H. Act, 1890, is 
 in force. A person who, after one month from the adoption of 
 this Part III. in the district, and after receiving seven days' 
 notice from the council, occupies or allows such a room to be 
 occupied, is liable to a 406'. penalty and a lOs. daily penalty. 
 (S. 24, P. H. Act, 1890.) 
 
 A cellar or underground room built or rebuilt after the 
 passing of the P. H. Act, 1875, must not be let for occupation 
 or occupied as a dwelling. (S. 71, P. H. Act, 1875.) 
 
 There is a penalty of 20s. for every day it is so occupied after 
 notice in writing from the council as to the prohibition contained 
 in the Act. (S. 73, P. H. Act, 1875.) 
 
 Passing the night in one of these places is an occupation of 
 it as a dwelling. (S. 74.) 
 
 In the event of two convictions of unlawful occupation of 
 the same cellar as a dwelling (whether the persons convicted 
 are the same or not makes no difference), the Court can order 
 the cellar to be closed temporarily, or can empower the council 
 to close it permanently. (S. 75.) 
 
 A cellar-dwelling in existence when the 1875 Act was passed, 
 can only be occupied under certain conditions : — 
 
 The cellar must be at least seven feet high in every part of 
 it, and three feet of its height must be above the level of the 
 adjoining street or ground ; and 
 
 Outside and adjoining the cellar and extending along its 
 whole front, an open area at least two feet six inches wide ; and 
 
 The cellar must be effectually drained by means of a drain, 
 the uppermost part of which is one foot at least below the level 
 of the floor of the cellar ; and 
 
 There must be appurtenant to the cellar the use of a closet 
 or privy, furnished with proper doors and coverings ; and 
 
190 DISTRICT COUNCILS. 
 
 The cellar must have a fireplace with a proper chimney or 
 flue, and an external window of at least nine superficial feet in 
 area clear of the sash frame, and made to open in a manner 
 approved by the council's surveyor (but in the case of an inner 
 or back cellar let or occupied with the front cellar as part of the 
 same occupation, the external window may be of any dimensions 
 not less than four superficial feet in area clear of the sash frame) . 
 
 Steps necessary for access to the cellar must not be over or 
 opposite an external window, and there must be between these 
 steps and the external wall of the cellar a space of at least 
 six inches. (S. 72, P. H. Act, 1875.) 
 
 The provisions in ss. 73, 74 and 75, supra, apply in the case 
 of a cellar being occupied as a dwelling when it does not comply 
 with the requirements of s. 72. 
 
 A canal boat must not be used as a dwelling unless it has 
 been registered (s. 1, Canal Boats Act, 1877) by the owner with 
 a local authority of a district abutting on the canal on which 
 the boat is accustomed or intended to ply, (S. 7, Canal Boats 
 Act, 1877.) 
 
 " Canal " includes any river, inland navigation, lake, or 
 water within the body of a county, whether it is or is not 
 within the ebb or flow of the tide ; and " canal boat " means 
 any vessel, however propelled, which is used for the conveyance 
 of goods along a canal, and which is not a ship registered under 
 the Merchant ShippiDg Acts. (S. 14, Canal Boats Act, 1877.) 
 The L. Gr. B,, however, can on the application of a district, 
 council that this definition ought to apply to vessels which are 
 registered under the Merchant Shipping Acts, declare that the 
 provisions of the 1877 Act shall apply to such vessels. (S. 10, 
 Canal Boats Act, 1884.) 
 
 The boat must only be used as a dwelling for the number of 
 persons of the age and sex for which it is registered. The 
 master (and the owner, too, if he is in fault,) is liable to a 
 20s. penalty for each occasion on which the boat is used in 
 contravention of the Act, (S. 1, Canal Boats Act, 1877). 
 
 In the Canal Boats Order, 20th March, 1878, the L. G. B. 
 has framed regulations concerning the registration, and leitering, 
 and numbering of boats, for fixing the number of persons who 
 may be allowed to dwell in a canal boat, for promoting cleanli- 
 
HOUSING. 191 
 
 ness, and for the prevention of the spread of infectious disease. 
 Inter alia, these regulations require that a boat before registration 
 must be inspected by some person appointed by the council, 
 who must make and submit a report in the form of Schedule A. 
 of the Order to the council. On being satisfied that the con- 
 ditions required by these regulations have been complied with, 
 the council must grant a certificate of registry. The owner of 
 the boat must pay a registration fee of 5s. The certificate must 
 be in the form of Schedule C. of the Order. Notice of the 
 change of master must be given to the council in writing by 
 the owner. 
 
 There is a 206-. fine, which may be recovered summarily, for a 
 breach of these regulations by a master or owner. (S. 2, Canal 
 Boats Act, 1884.) 
 
 " Master " means the person who has the command or charge 
 of the boat. " Owner " includes a person who, though only the 
 hirer of the boat, appoints the master and the other persons 
 working it. (S. 14, Canal Boats Act, 1877.) 
 
 The certificate must be given in duplicate to the owner, and 
 the master must have the keeping of one. (S. 3, Canal Boats 
 Act, 1877.) It becomes void in the event of any structural 
 alterations in the boat which affect the conditions on which the 
 certificate was obtained. (S. 1, Canal Boats Act, 18S4.) 
 
 After registration the boat must be marked with the word 
 " registered," with the name of the place where it is registered, 
 and the registered nimiber. (S. 3.) And the boat must be so 
 marked, &c. on both sides or on the stern. (S. 7.) 
 
 The council of the district in which a canal is must enforce 
 the Canal Boats Acts and the L. Gr. B.'s regulations ; and further, 
 must, within twenty-one days after 31st December in each year, 
 make a report to the L. Q-. B. as to the execution of the pro- 
 visions of the Act and the regulations in the district. (S. 3, 
 Canal Boats Act, 1884.) 
 
 The expenses incurred by the council in carrying out these 
 provisions are to be defrayed as under the P. H. Act, 1875 ; in 
 the case of a rural council they are to be deemed to be 
 " general " expenses. (S. 8, Canal Boats Act, 1877.) Any 
 fines for breach of the Act or regulations are to be applied by 
 
192 DISTRICT COUNCILS. 
 
 the ootinoil towards the expenses of executing the Act. (S. 8, 
 Canal Boats Act, 1884.) 
 
 A district council, whose district includes a seaport, may, 
 with the consent of the Board of Trade, make bye-laws for 
 regulating seamen's lodgings. 
 
 These bye-laws must provide (a) for the licensing, inspection, 
 and sanitary conditions of such lodgings ; (b) for the due 
 execution of the bye-laws ; (c) for preventing persons who are 
 not licensed from holding themselves out as keeping licensed 
 lodgings ; (d) for the exclusion from such lodgings of improper 
 characters ; and (e) fines not exceeding 50/. must be imposed 
 for breach of the bye -laws. 
 
 In districts where, by Order in Council, nobody but licensed 
 persons may keep seamen's lodgings, a person contravening the 
 Order is liable to a 100/. fine. 
 
 The district council can defray any expenses incurred by them 
 in carrying out their powers under this section out of any funds 
 at theu' disposal. The fines recovered for contravention of the 
 section, or for a breach of any bye-laws made in pursuance of 
 it, are payable to the councU. (S. 214, Merchant Shipping Act, 
 1894.) 
 
 The L. G. B. may empower a district council to make bye- 
 laws in respect of lodging-houses other than common lodging- 
 houses in the district. These bye-laws may be made for — 
 (1) fixing the number of lodgers ; (2) for the registration of 
 houses occupied as lodgings ; (3) for their inspection ; (4) for 
 enforcing proper drainage, privy accommodation and cleanli- 
 ness ; (5) for their being cleaned and whitewashed at stated 
 intervals, and for the paving of courtyards attached to them ; 
 and (6j for the notification of cases of infectious disease. (S. 90, 
 P. H. Act, 1875.) 
 
 The district council can make bye-laws for securing the 
 decent accommodation of hop-pickers (s. 314, P. H. Act, 1875), 
 and also of persons engaged in picking fruit or vegetables. 
 (P. H. (Fruit Pickers' Lodgings) Act, 1882.) 
 
 Common Lodging-houses. 
 A " common lodging-house " was defined by Lord Cockburn 
 aud Yice-ChanceUor Page- Wood, when they were the Law 
 
HOUSING. 193 
 
 Officers, to be that class of lodging-house in whicli persons of the 
 poorer class are received for short periods, and, although 
 strangers to one another, are allowed to inhabit one room 
 common to all. This definition was approved of in Logsdon v. 
 Booth, (1900) 1 a. B. 401 ; 69 L. J. Q. B. 131 ; in which case 
 a Salvation Army shelter, where persons of the most wretched 
 class could get a bed and could use a common living room, was 
 held to be a " common lodging-house." 
 
 Where only part of a house is used as a common lodging- 
 house, that part is to be deemed to be a common lodging-house 
 for the pm-poses of the P. H. Act. (S. 89, P. H. Act, 1875.) 
 
 The district council must keep a register of the common 
 lodging-houses in their district, and of the keepers of these 
 houses. (S. 76, P. H. Act, 1875.) No person must keep a 
 common lodging-house until he and it are registered ; but when 
 a registered keeper dies, his widow, or any member of his 
 family may continue to keep it for four weeks without being 
 registered. (S. 77.) There is a penalty of 5/. and a daily penalty 
 of 40s. for receiving lodgers into a common lodging-house 
 without being registered. (S. 86, P. H. Act, 1875.) 
 
 A common lodging-house must not be registered until it has 
 been inspected and approved of by an officer of the council ; 
 and the council may refuse to register a person as a common lodging- 
 house keeper unless he {or she) produces a certificate of character, in 
 the form required by the council, and signed hy three inhabitant 
 ratepayers [who are rated for the poor rate on property of the 
 annual rateable value of at least 61.) of the parish in which the 
 house is situated. (S. 78, P. H. Act, 1875.) 
 
 H.B. — The portion of the above provision in italics does not 
 apply to districts in which Part V., P. H. Act, 1907, is in force. 
 (S. 75, P. H. Act, 1907.) 
 
 The council cannot be compelled to register a person as a 
 common lodging-house keeper. {Ex p)^^'tc Kavanagh (1894), 
 10 T. L. R. 533.) 
 
 When a council had passed a resolution that a person should 
 be registered, it was held that they could not withdraw it. 
 {Coles v. Fibbens (1884), 52 L. T. 358.) 
 
 The council cannot remove a person's name from the register 
 unless he becomes disqualified for being a lodging-house keeper 
 
194 DISTRICT COUNCILS. 
 
 as provided by s. 88, P. H. Act, 1875, infra. {Blake v. Kelly. 
 (1887), 62 J. P. 263.) 
 
 In districts where Part V., P. H. Act, 1907, is in force, the 
 council are expressly given a discretion as to the registration of 
 lodging-house keepers, and they may refuse to register any 
 person unless they are satisfied of his character and of his fitness 
 for the position. (S. 69, sub-s. 1, P. H. Act, 1907.) 
 
 A person newly registered after s. 69 of Part V. of this Act 
 comes into force in the district, may be registered for such time, 
 not exceeding one year, as the council fix, and his registration 
 may be renewed by the council from time to time. (S. 69, 
 sub-s. 2, P. H. Act, 1907.) 
 
 The council can register one or more persons submitted to 
 them by a common lodging-house keeper, and approved by them 
 for the purpose, as deputy lodging-house keepers. The council 
 must keep a register for this purpose. 
 
 If the council are at any time of opinion that a person 
 registered as a deputy lodging-house keeper is not fit for the 
 purpose, they may cancel the registration. (S. 71, P. H. Act, 
 1907.) 
 
 N.B. — The provisions of Part V. of the 1907 Act are only 
 in force in districts to which the Part has been applied by 
 L. Gr. B. Order (s. 2), and before this Part comes into operation 
 in the district, the council must give at least one month's notice 
 of the fact to the keeper of every common lodging-house in the 
 district. (S. 75, sub-s. 1, P. H. Act, 1907.) 
 
 The keeper of a common lodging-house must, if so required 
 by the council, fix a notice outside the house, in some con- 
 spicuous place, that it is a registered common lodging-house. 
 If he fails to put up this notice, or to renew it, after written 
 notice from the council to do so, he is liable to a penalty of 
 61., and to a penalty of 10s. for each day after conviction that 
 he makes default. (S. 79, P. H. Act, 1875.) 
 
 The district council must from time to time make bye-laws 
 (to be approved by the L. G. B.) for (i.) fixing the number of 
 lodgers and for the separation of the sexes ; (ii.) promoting 
 cleanliness and ventilation; (iii.) giving of notice and taking 
 of precautions in case of infectious disease ; and (iv.) for the 
 
HOUSING. 195 
 
 general well ordering of these lodging-houses. (S. 80, P. H- 
 Act, 1875.) 
 
 The lodging-house keeper, or his registered deputy, must 
 manage the house and exercise supervision over the persons 
 using it, and he or his deputy must be and remain at the 
 lodging-house between the hours of nine in the evening and 
 six in the morning of the following day. Unless he shows that 
 there was a reasonable excuse for non-compliance with this 
 enactment, the keeper is liable for each offence against it to a 
 penalty of 40s., and to a daily penalty of 20s. (S. 70, P. H. 
 Act, 1907.) 
 
 JV.B. — This section is only in force in districts to which it or 
 Part V. of the Act has been applied by L. G-. B. Order. 
 
 In districts where Part Y. of the 1907 Act is in force, every 
 common lodging-house, whether registered before or after this 
 Part came into operation, must be provided — 
 
 (a) With sufficient and suitable sanitary conveniences, having 
 
 regard to the number of persons who may be received 
 in the house, and also, where lodgers of both sexes are 
 received, with proper separate accommodation for the 
 sexes ; and 
 
 (b) With a water supply laid on sufficient for flushing any 
 
 water-closets or urinals used in the house. 
 
 If these requirements are not fulfilled, the council can give 
 written notice to the keeper of the house to remedy the default ; 
 and if within twenty-eight days after receiving this notice the 
 default is not remedied to the satisfaction of the council, the 
 council can do the work and recover the expenses in a summary 
 manner from the keeper, or declare them to be private improve- 
 ment expenses. (S. 74, P. H. Act, 1907.) 
 
 N.B. — This section is only in force when it or Part V. have 
 been applied to a district by L. G. B. Order. 
 
 If it appears to the council that a common lodging-house is 
 without a proper water supply for the lodgers, and that such 
 supply can be provided at a reasonable rate, the coimcil may, by 
 written notice, require the owner or the keeper of the house to 
 obtain the supply within the time specified in the notice. Should 
 he fail to comply with the requirements of this notice, the 
 
 o2 
 
196 DISTRICT COUNCILS. 
 
 council may remove the liouse from the register until the notice 
 is complied with. (S. 81, P. H. Act, 1875.) 
 
 The keeper of a common lodging-house must limewash the 
 walls and ceilings the first week in April and the first week in 
 Oetoher every year to the council's satisfaction. There is a 40s. 
 penalty for failure to do so. (S. 82, P. H. Act, 1875.) 
 
 The council can require the keepers of houses where vagrants 
 are received to send a report of every person who resorted to the 
 house on the preceding day or night. For this purpose the 
 council must furnish the keeper with schedules to be filled up hy 
 him and sent by him to the council, or to such officers of the 
 council as they may direct. (S. 83.) Failure to send a report 
 when required entails a penalty of 51. (S. 86, P. H. Act, 1875.) 
 
 A keeper of a common lodging-house must, when one of his 
 lodgers is ill of an infectious disease, give immediate notice to 
 the medical ofiicer and to the relieving officer. (S. 84, P. H. 
 Act, 1875.) 
 
 The penalty for not giving these notices is 5/. and a daily 
 penalty of 40.s'. (s. 86, P. H. Act, 1875) ; but in districts where 
 Part III. of the P. H. Act, 1890, is in force, the penalties are 
 reduced to 40s. and 5s. respectively. (S. 32, P. H. Act, 1890.) 
 
 The keeper, and anyone else acting in the management of a 
 common lodging-house, must at all times when requested by an 
 officer of the council allow him to inspect the house. There is 
 a penalty of 5/. for refusing such access. (S. 85, P. H. Act, 
 1875.) 
 
 If the keeper of a common lodging-house is convicted of a 
 third offence against any of the foregoing provisions of the 1875 
 Act relating to common lodging-houses, the Court may adjudge 
 that he shall not for a period of five years, or for a shorter 
 period, keep a common lodging-house without the previous 
 written licence of the district council, who may withhold it or 
 grant it subject to such conditions as they think fit. (S. 88, 
 P. H. Act, 1875.) This section is repealed so far as the 
 particular district in which Part V. of the P. H. Act, 1907, is 
 in force is concerned (s. 75. sub-s. 2, P. H. Act, 1907), but 
 8. 72 of the 19u7 Act makes this strict provision : Where the 
 keeper of a common lodging-house is convicted of any offence 
 against any provision of the P. H. Acts or of the P. H. Act, 
 
HOUSING. 197 
 
 1907, relating to common lodging-houses, or against the pro- 
 vision of any bye-law made under those Acts, the Court may 
 cancel his registration as a common lodging-house keeper, 
 (S. 72, P. H. Act, 1907.) Moreover, a person registered under 
 the 1907 Act (or not registered at all) is liable to the penalties 
 imposed by s. 86 of the P. H. Act, 1875 (see p. 193) for the 
 offences specified therein. (S. 73, P. H. Act, 1907.) 
 
 Housing of the Working Classes. 
 
 The Housing of the Working Classes Act, 1890, as amended 
 by the Housing of the Working Classes Acts of 1900 and 1903, 
 empowers district councils not only to replace areas and buildings 
 which are unhealthy, but also to embark on a scheme for pro- 
 viding their districts with lodgings suitable for the accommoda- 
 tion of people belonging to the working class. 
 
 The 1890 Act, the principal Act, is divided into parts. 
 Part I. relates to unhealthy areas ; Part II. to unhealthy 
 dwelling-houses; Part III. to the provision of working-class 
 lodging-houses ; and other Parts dealing with a variety of 
 matters relating to Parts I., II. and III. 
 
 Part I. — Unhealthy Areas. 
 
 Part I. does not apply to rural districts. (S. 3, H. W. C. 
 Act, 1890.) 
 
 When an official representation is made to the council that 
 within a certain area — 
 
 (a) there are houses, courts, or alleys unfit for human habita- 
 
 tion; or 
 
 (b) that the narrowness of the houses or streets, or the Isaik. 
 
 of light or ventilation, or other sanitary defects, make 
 them dangerous to the health of the neighbourhood — 
 and the council are satisfied that the evils cannot be 
 remedied effectually except by means of an improve- 
 ment scheme, the council must pass a resolution to 
 the effect that the area is an unhealthy area, and that 
 an improvement scheme ought to be made in respect 
 of it. 
 After passing such resolution the council must forthwith 
 proceed to make a scheme. Any number of unhealthy areas 
 
198 DISTRICT COUNCILS. 
 
 may be included in one improvement scheme. (S. 4, H. W. C. 
 Act, 1890.) 
 
 N.B. —As to where an area is too small to be dealt with under 
 Part I., see s. 39, Part II., of this Act. 
 
 An official representation is made to the council by their 
 medical officer (s. 5), and it must be in writing. (S. 79.) 
 
 The Medical Officer of Health must make this official repre- 
 sentation to the council when he himself sees cause for doing so ; 
 and when two justices of the peace, or twelve ratepayers, make 
 complaint to him of the unhealthiness of an area, he must 
 inspect it and make an official representation to the council 
 stating the facts and the opinion he has formed as a result of 
 his inspection. (S. 5, H. W. 0. Act, 1890.) 
 
 If the Medical Officer of Health fails to make an official 
 representation or reports to the council that, in his opinion, the 
 area complained of is not an unhealthy area, any twelve rate- 
 payers, not necessarily the twelve original complainants (s. 4, 
 H. W. C. Act, 19U3), may appeal to the L. Q-. B. ; and on 
 their giving security for costs, the L. Gr. B. can order an inquiry 
 to be held. If the report on the inquiry is to the effect that 
 the area is an unhealthy area, the L. Gr. B. must transmit the 
 report to the council, and the council must then proceed as if it 
 was an official representation. (S. 16, H. W. C. Act, 18^0.) 
 
 In case of the illness or unavoidable absence of their medical 
 officer, the council can, with the approval of the L. Gr. B., 
 appoint a qualified medical practitioner to take his place for six 
 months, or some less period. (S. 26, H. W. C. Act, 1890.) 
 
 When an official representation has been made to the council, 
 and they fail to pass a resolution in favour of an improvement 
 scheme, or they resolve not to proceed in the matter, they must 
 send to the L. G. B. a copy of the official representation, 
 together with their reasons for not acting upon it. The L. Gr. B. 
 can then order an inquiry to be held and a report to be made. 
 (8. 10.) 
 
 If on this report the L. Gr. B. is satisfied that an improve- 
 ment scheme ought to be made, the Board can order the council 
 to make it ; and this order may be enforced by mandamus. But 
 where the area is too small to be dealt with as an " unhealthy 
 area," the L. G. B. can order the council to prepare a recon- 
 
HOUSING. I9y 
 
 Btruction scheme under s. 39, Part II., H. W. 0. Act, 1890. 
 (S. 4, H. W. C. Act, 1903.) 
 
 The improvement scheme must be accompanied by maps, 
 particulars and estimates, and 
 
 (a) may exclude any part of the area concerning which the 
 
 official representation has been made, or include any 
 neighbouring lands, if the council consider that such 
 exclusion or inclusion is necessary for making their 
 scheme efficient for sanitary purposes ; and 
 
 (b) may provide for widening existing approaches to the 
 
 unhealthy area, or otherwise for opening it out for the 
 purposes of ventilation or health ; and 
 
 (c) must provide dwelling accommodation for the working 
 
 classes displaced by the scheme, if necessary ; and 
 
 (d) must provide for proper sanitary arrangements. (S. 6, 
 
 sub-s. 1.) 
 
 A scheme must provide, if the L. G. B. after an inquiry so 
 requires, for the suitable accommodation of the persons of the 
 working class who are displaced by the scheme. (S. 11.) 
 
 The scheme must distinguish the lands proposed to be taken 
 compulsorily. (S. 6, sub-s. 2.) 
 
 It may also provide for the scheme or any part of it being 
 carried out by the freeholder of the property comprised in the 
 scheme, or, with the concurrence of such person, under the 
 superintendence and control of the council, and on such terms (to 
 be embodied in the scheme) as may be agreed upon between 
 them. (S. 6, sub-s. 3.) 
 
 Not less than thirteen weeks before taking any fifteen or more 
 dwelling-houses occupied by such persons for the purpose of ttie 
 scheme, the council must give notice of their intention to take 
 the houses, by means of placards placed in conspicuous places 
 near the houses, and before taking the houses the council must 
 get a certificate from a justice that he is satisfied that this 
 requirement has been complied with. (S. 15.) 
 
 Further, when a council have acquired the power to take, for 
 the purposes of the Housing Acts, workmen's dwellings which 
 are occupied by thirty or more such persons, the council must 
 not enter into possession of these dwellings until the L. G. B. 
 has either approved of a housing scheme for the benefit of these 
 
200 DISTRICT COUNCILS. 
 
 people, or has decided that no such arrangement is necessary. 
 (S. 3, H. W. 0. Act, 1903.) The L. G. B. can require that the 
 council first erect dwellings for the persons to be displaced by 
 the scheme before the scheme is carried into execution. 
 (Schedule of H. W. C. Act, 190-3.) 
 
 As to council's power to compensate a tenant of premises for 
 his expense in moving from them, see s. 78, H. W. C. Act, 1890 
 (p. 217). 
 
 For the purpose of providing accommodation for persons of 
 the working class who are displaced by an improvement scheme, 
 the council may appropriate any suitable lands belonging to 
 them, or they may purchase further lands, as may be convenient. 
 (S. 23, H. W. C. Act, 1890.) 
 
 On the completion of a scheme the council must — 
 
 (a) Advertise for three consecutive weeks in one and the 
 
 same local newspaper the fact that a scheme has been 
 made, the limits of the area comprised in it, and 
 stating where a copy of the scheme may be seen ; 
 
 (b) Dui'ing the thirty days next following the date of the 
 
 last publication of the advertisement (s. 5, H. W. C. 
 Act, 1903), serve a notice on every owner or reputed 
 owner, lessee, and occupier of any lands proposed to 
 be taken compulsorily, so far as these persons can be 
 ascertained. The notice must state that the lands are 
 proposed to be taken compulsorily for an improvement 
 scheme. In the case of owners and lessees, the notice 
 must require them to send an answer stating whether 
 they do or do not dissent from the lands being taken. 
 
 (c) The notice must be served — 
 
 (1) By personal delivery to the person required to 
 be served, or to his agent, or if they cannot be found, 
 by leaving it on the premises ; or 
 
 (2) By leaving it at such person's usual or last 
 known place of abode ; or 
 
 (3) By post, addressed to such usual or last known 
 place of abode. 
 
 (d) One notice addressed to " the occupier " or " occupiers," 
 
 without names, and left at a house, is a sufficient 
 notice to its occupiers. (S. 7.) 
 
HOUSING. 201 
 
 A notice must be signed by the clerk or his deputy. (S. 86, 
 H. ^Y. C. Act, 1890.) 
 
 JY.B. — Forms of advertisements and notices have been settled 
 by the L. Gr. B. 
 
 Upon compliance with the foregoing requirements as to 
 advertising and serving of notices, the council must present a 
 petition to the L. G. B. for an order confirming the scheme. 
 (S. 8, sub-s. 1, H. W. 0. Act, 1890.) 
 
 This petition must be accompanied by a copy of the scheme, 
 and must state the names of the owners and lessees who have 
 dissented from their lands being taken, and must be supported 
 by such evidence as the L. Gr. B. may from time to time require. 
 (S. 8, sub-s. 2.) 
 
 The L. Gr. B. can then direct an inquiry to be held to ascer- 
 tain the sufficiency of the scheme, and to hear any local 
 objections. (S. 8, sub-s. 3.) 
 
 On receiving the report of this inquiry, the L. G. B. can 
 make a Provisional Order (in some cases an absolute order, see 
 8. 5, H. W. C. Act, 1903, infra) declaring the limits of the 
 area comprised in the scheme, and authorising it to be carried 
 out. (S. 8, sub-s. 4.) 
 
 The L. Gr. B. Order may contain modifications of the scheme ; 
 but no addition can be made by it to the lands proposed to be 
 taken. Copies of the Order must be delivered by the council to 
 aU persons on whom the notices were required by s. 7, supra, to 
 be served. But it is not necessary to send copies to tenants for 
 a month or a less period. (S. 8, sub-s. 5.) 
 
 A Provisional Order must be confirmed by Act of Parliament, 
 and the L. G. B. must obtain a confirming Act as soon as 
 convenient. (S. 8, sub-s. 6, H. W. C. Act, 1890.) 
 
 A confirming Act is not necessary, and an L. G. B. Order 
 under sub-s. 4, supra, need not be confirmed by Parliament 
 
 (a) if lands are not proposed to bo taken compulsorily ; or 
 
 (b) if, though land is proposed to be taken compulsorily, the 
 L. G. B. is satisfied that copies of the draft Order have been 
 delivered by the council as required by sub-s. 5, supra, and 
 further that no owner of land proposed to be taken compulsorily 
 has presented a petition agaiust it to the L. G. B. within two 
 months from the publication of the advertisements and service 
 
202 DISTRICT COUNCILS. 
 
 of notices required by s. 7, supra. (S. 5, H. W. C. Act, 
 1903.) 
 
 The L. Gr. B. has a discretion as to the costs to be paid by or 
 to parties engaged in obtaining or opposing an improvement 
 scheme. (S. 8, sub-ss. 7 and 8, H. W. 0. Act, 1890.) 
 
 Should an Order made under s. 8, sub-s. 4, siipm, be petitioned 
 against, the L. G. B. can, on the application of the council, 
 make modifications in the scheme to meet the objections of the 
 petitioner, and may withdraw the original Order and substitute 
 one sanctioning the modified scheme. 
 
 The same procedure in respect of publication and serving 
 of notices of their intention to proceed with the modified scheme 
 must be followed by the council, as in the case of the original 
 scheme. 
 
 No petition is to be received against the modified scheme 
 except one which was presented against the original scheme, or 
 one which is concerned solely with the modifications sanctioned 
 by the new Order. (S. 6, H. W. C. Act, 1903.) 
 
 When a scheme has been authorised, the L. 0. B., on being 
 satisfied by the council that an improvement can be made in the 
 details of the scheme, may permit a modification. But any 
 pai"t of the scheme respecting the provision of working class 
 dwelling accommodation when so modified, must be such as 
 might have been inserted in the original scheme. 
 
 If this modification requires a larger expenditure than that 
 sanctioned by the original scheme, or the taking of any property 
 otherwise than by agreement, or injuriously affects other 
 property in a different manner to that proposed in the original 
 scheme, without the consent of the owner and occupier, a 
 Provisional Order is necessary for the modification. (S. 15, 
 H. W. C. Act, 1890.) 
 
 When the confirming Act has been passed (see s. 8, sub-s. 6, 
 supra), or an L. G. B. Order (see s. 5, H. W. 0. Act, 1903) 
 has been made, the council must take steps for purchasing the 
 lands required and for putting the scheme into execution. 
 (S. 12, sub-s. 1, H. W. 0. Act, 1890.) 
 
 The council can acquire land for carrying out the authorised 
 scheme either by agreement or compulsorily. The provisions of 
 
HOUSING. 203 
 
 Schedule II. of the Act (too long to be set out here) govern the 
 taking of land compulsorilj. (S. 20, H. W. C. Act, 1890.) 
 
 As to council's power to enter premises for the purpose of 
 valuation, see s. 77 (p. 217). 
 
 The council may sell or lease any part of the area to a person 
 on condition that he carries the improvement scheme into 
 execution. They may bind him to build and maintain the 
 buildings as prescribed in the grant or lease, and may provide 
 for the lands revesting in the council, or for the council's 
 re-entry on the lands, on a breach of such conditions. (S. 12, 
 sub-s. 2.) 
 
 The council may engage, on terms to be agreed upon, any 
 persons, society, or body of trustees to carry out the scheme. 
 Without the approval of the L. G. B., the council must not 
 undertake the rebuilding of any houses (see Schedule of 
 H. W. 0. Act, 1903, p. 200), or the execution of any part of 
 the scheme, except that they may pull down and clear away 
 buildings on the area, and lay out, sewer, and complete streets 
 upon the site. Such streets become highways repairable by the 
 inhabitants at large. (S. 12, sub-s. 3.) 
 
 In making a grant or lease of any part of the area, the 
 council must impose suitable conditions as to the elevation, size, 
 and design of the houses, the extent of accommodation to be 
 afforded, and for ensming proper sanitary arrangements. (S. J 2, 
 sub-s. 4.) 
 
 If the council do erect any dwellings in connection with the 
 scheme, these dwellings must be sold within ten years after 
 their completion unless the L. G. B. directs otherwise. (S. 12, 
 sub-s. 5.) 
 
 The council may, whether they acquire the lands or not, con- 
 tract with the person entitled to the first estate of freehold in 
 the lands for the scheme to be carried into execution by him. 
 (S. 12, sub-s. 6, H. W. C. Act, 1890.) 
 
 If within five years after the removal of any buildings on the 
 land set apart by the confirming Act, or by the L, G. B. Order 
 for workmen's dwellings, the council have failed to sell or lease 
 the land for the purpose prescribed by the scheme, or have 
 failed to make arrangements for the erection of workmen's 
 dwellings, the L. G. B. can order the land to be sold and fix a 
 
204 DISTRICT COUNCILS. 
 
 reserve price, and may make it a condition of the sale that the 
 purchaser shall erect dwellings suitable for the working classes 
 in accordance with plans to be approved by the district council. 
 (S. 13, H. W. C. Act, 18y0.) 
 
 When lands are taken compulsorily, the amount of compensa- 
 tion must be settled by arbitration. No additional allowance is 
 to be made to the amount on account of the compulsory 
 purchase of an area in respect of which an official representation 
 has been made, or of land which, in the opinion of the arbi- 
 trator, has been inclilded in the scheme as falling under the 
 description of property which may constitute an unhealthy area. 
 (S. 7, H. W. 0. Act, 1903.) The arbitrator is not to include in 
 the estimate of the amount of compensation any improvement 
 of the property made after the publication of the improvement 
 scheme by the council, unless the improvement was necessary 
 for maintaining the property in a proper state of repair. 
 
 As bearing on the amount of compensation, evidence may be 
 given (1) that the rental of the premises was enhanced by reason 
 of their being used for illegal purposes {e.g., as a brothel), or 
 because they were overcrowded, or (2) that they are in a state 
 of bad repair and that the sanitation is defective, or (3) that 
 they are unfit for human habitation and cannot reasonably be 
 made fit. (S. 21, H. W. C. Act, 1890.) 
 
 All rights of way and other easements will be extinguished, 
 and the property in the soil, pipes, sewers and drains will pass 
 to the council on completion of the purchase ; but the council 
 must compensate persons who sustain any loss thereby. (8. 22, 
 H. W. 0. Act, 1890.) 
 
 The receipts of a district council under Part I. of this Act, 
 i.e., the sums realized by the sale or lease of lands acquired in 
 pursuance of the improvement scheme must be used to form a 
 " Dwelling-house Improvement Fund," and the expenses of the 
 scheme are to be defrayed out of this fund. The money required 
 in the first instance to establish this fund or to make good 
 deficiencies caused by excess of expenditure over receipts must 
 be supplied out of the district rate (s. 24), or it may, with the 
 consent of the L. Gr. B., be borrowed. (S. 25, H. W. C. Act, 
 1890.) 
 
 In settling their accounts of transactions under Part I., the 
 
HOUSING. 205 
 
 council must take care that, as far as possible, all expenditure 
 will ultimately be defrayed out of the proceeds from the property 
 dealt with by the council under Part I. Any profits must be 
 applied to any of the purposes for which the local rate is for the 
 time being applicable ; but in case of doubt the L. Gr. B. can 
 decide how money accruing from property acquired under the 
 scheme shall be applied by the council. (S. 24, H. W. C. Act, 
 1890.) 
 
 The maximum period for which money can be borrowed for 
 the purposes of the H. W. C. Acts is eighty years — the actual 
 period for repaj-ment beiug decided upon by the council with 
 the sanction of the L. Gr. B. Money so borrowed is not to be 
 reckoned as part of the council's debt for the purpose of the 
 limitations contained in sub-ss. 2 and 3 of s. 234, P. H. Act, 
 1875, on the borrowing powers of district councils. (S. 1, 
 H. W. C. Act, 1903.) 
 
 A L. G. B. circular, September 22nd, 1903, states that as a 
 general rule the L. G. B. proposes to allow the full term of 
 eighty years for repayment of a loan for the purchase of free- 
 hold land, and sixty years when the money is borrowed for the 
 erection of buildings. 
 
 Part II. — Unhealthy Dwelling-Houses. 
 
 " Dwelling-house " means any inhabited building, and 
 includes any yard, garden, outhouses belonging to it, and 
 the site of the dwelling-house. (S. 29, H. W. C. Act, 1890.) 
 
 The medical officer must represent to the council any dwelling- 
 house which appears to him to be in a state so dangerous or 
 injurious to health as to be unfit for human habitation. (S. 30.) 
 If he receives a complaint in writing of a dwelling-house from 
 four or more householders, he must inspect the house, and send 
 to the council the complaint and his report upon it. If within 
 three months after receiving the complaint and the medical 
 officer's report the council neglect to take any steps under 
 Part II. of this Act, the householders who signed the complaint 
 can petition the L. G. B. for an inquiry. (S. 31, H. W. C. 
 Act, 1890.) 
 
 The council must ascertain from time to time if there are any 
 unhealthy dwelling-houses in the district. If any house appears 
 
200 DISTRICT COUNCILS. 
 
 to them to be in such condition, the council must forthwith take 
 proceedings, as under ss. 91, 94, 95 and 97 of the P. H. Act, 
 1875 (see Nuisances), against the owner or occupier for the 
 closing of the house. (S. 32, suh-s. 1.) 
 
 These proceedings may be taken whether the house is occupied 
 or not. (S. 32, sub-s. 2, H. W. C. Act, 1890.) 
 
 S. 29, with its definition of " dwelling-house," is not intended 
 to negative the provisions of s. 32, It is not necessary that the 
 premises should be inhabited ; if they are prima facie dwelling- 
 houses a closing order can be made. {Roberhon v. King, (1901) 
 2 K. B. 265 ; 70 L. J. K. B. 630.) 
 
 Notice must first be served on the owner or occupier of the 
 dwelling-house, as under s. 94, P. H. Act, 1875, requiring that 
 person to make the premises fit for habitation. 
 
 This notice must be in the form of Form A. of the Fourth 
 Schedule of the H. W. C. Act, 1890. 
 
 " Owner " includes lessees or mortgagees, except persons 
 holding or entitled to the rents and profits of the premises for 
 a term of years of which twenty-one years do not remain 
 unexpired (s. 29, H. W. C. Act, 1890), e.g., a leaseholder who 
 has only two years of his lease to run is not an " owner." 
 {Osborne v. Skinners' Co. (1891), 60 L. J. M. 0. 156.) 
 
 As to the right of a superior landlord to be served with 
 notices under Part II., see s. 47, p. 208. 
 
 When, however, the council are of opinion that a house 
 cannot be made reasonably fit for human habitation, or that 
 occupation of it ought to cease immediately, they need not 
 serve a notice, and a justice may issue a summons for a closing 
 order and make a closing order. (S. 8, H. W. C. Act, 1903.) 
 
 Forms of summons for a closing order and forms of closing 
 orders have been prescribed by a L. GT. B. Order of 1905. 
 
 When a closing order has been made, the council must serve 
 a notice of the order on every occupying tenant of the dwelling- 
 house, and these people must, within the time (not being less 
 than seven days) specified in the order, quit the house. There 
 is a 206'. daily penalty for not doing so (s. 32, sub-s. 3, H. W. C. 
 Act, 1890), and in addition, the council, in case of disobedience 
 to the order, can recover possession of the premises from the 
 occupying tenant imder ss. 138 — 145, County Courts Act, 1888, 
 
HOUSING. 207 
 
 and can recover the expense incurred in an action for debt from 
 the owner of the premises. (S. 10, H. W. C. Act, 1903.) 
 
 N.B. — No allowance can be paid by the council to a tenant 
 of a house which has been closed by a closing order for his 
 expenses of moving from the house. (See s. 78, H. W. C. Act, 
 Part IV., post.) 
 
 When a closing order has been made by a justice and has 
 not been determined by a subsequent order, if the council con- 
 sider that the house has not been rendered fit for habitation, 
 and that the necessary steps are not being taken to make it so 
 fit with all due diligence, and that its continuance is dangerous 
 or injurious to the public health, they must pass a resolution 
 that it is expedient to order the demolition of the building. 
 (S. 33, sub-8. 1, H. W. C. Act, 1890.) 
 
 Notice of this resolution must be served on the owner, stating 
 the time (not less than a month after the notice is served) and 
 the place where the council will further consider the matter, 
 when the owner is to be at liberty to attend and state his 
 objections to the demolition of the building. (S. 33, sub-s. 2.) 
 
 Upon this further consideration, and after hearing the 
 owner's objections, the council may order the demolition of the 
 house unless the owner undertakes forthwith to do what is 
 required to make it fit for habitation (s. 33, sub-s. 3) ; and the 
 council can dii*ect the work to be done in a reasonable and 
 specified time. If the work is not completed in the time 
 specified, or in any extended period allowed by the council or 
 by a Court of summary jurisdiction, the council must order the 
 house to be demolished. (S. 33, sub-s. 4, H. W. C. Act, 1890.) 
 
 With regard to the service of notices on owners under Part II. 
 of this Act, a notice is to be deemed to be served on an owner 
 if it is sent by post in a registered letter to him or to his agent 
 at his usual or last known residence or place of business. (S. 13, 
 H. W. C. Act, 1903.) 
 
 - But where the owner or his place of residence or of business 
 cannot be found, the council can serve a notice on him by 
 leaving it addressed to the "owner" (s. 50, H. W. C. Act, 
 1890) with some occupier of the dwelling-house, or, if there is 
 no occupier, by putting it on some conspicuous part of the 
 house. (S. 49, H. W. C. Act, 1890.) 
 
208 DISTRICT COUNCILS. 
 
 A superior landlord {e.g., a mortgagor) who is not in receipt 
 of the rents and profits of the premises is entitled, on giving 
 notice of his ownership to the council, to be served with notice 
 by them of any proceedings they may take with regard to the 
 premises under Part II. He may also apply to a Court of 
 summary jurisdiction in the event of his interests being pre- 
 judiced by any default in the execution of works, and the Court 
 may allow him to do the necessary work himself, or to demolish 
 the building or to retain the site, as the ease may be. (S. 47, 
 H. W. C. Act, 1890.) 
 
 When the demolition order has been made, the owner must, 
 within three months after service of notice of the order on him, 
 demolish the house. If he makes default, the council can do so 
 and sell the materials in order to defray their expenses, handing 
 over any surplus to the owner. (S. 34, sub-s. 1, H. W. C. Act, 
 ] 890.) Should the amount realized by the sale of the materials 
 not be sufhcient to cover expenses, the council can recover the 
 deficiency from the owner as a civil debt or as private im- 
 provement expenses under the P. H. Act, 1875. (S. 9, H. W. 
 C. Act, 19Ub.) 
 
 No other house which will be a nuisance must be erected on 
 the site of the demolished one ; if such building is erected and 
 is a nuisance, the council can take steps for removing it. (S. 34, 
 sub-s. 2, H. W. C. Act, 1890.) 
 
 There is an appeal to Quarter Sessions from the council's 
 demolition order. No work must be done nor any proceedings 
 taken in pursuance of the order until the appeal has been deter- 
 mined. (S. 35, H. W. C. Act, 1890.) 
 
 When an owner has undertaken and completed the works 
 necessary for making a dwelling-house fit for habitation, he can 
 apply to the council for a charging order on the premises. He 
 must produce the surveyor's certificate and the accounts and 
 vouchers of his expenditure on the works ; and if the council 
 are satisfied that the work has been properly done, they must 
 make an order (in the form of Form A., Fifth Schedule to the 
 Act) charging on the dwelling-house an annuity to repay him 
 his expenses. This annuity is to be a sum of (J/. for every 100/. 
 of the amount expended by him. It is to begin from the date 
 
HOUSING. 209 
 
 of the charging order and is to be payable for thirty years. 
 (S. 36, H. W. C. Act, 1890.) 
 
 JV.B. — An effect of this provision is to enable an owner who 
 may be a lessee of the premises, with more than twenty-one 
 years of his lease to run, to recover expenses he has been com- 
 pelled to incur in saving the premises from demolition. 
 
 If the medical officer finds that any building in the district, 
 though not unfit for human habitation, is so situated that, by 
 reason of its proximity to other buildings — 
 
 (1) it prevents ventilation or otherwise conduces to make the 
 
 other buildings unfit for habitation or injurious to 
 health; or 
 
 (2) it prevents proper measures from being carried into effect 
 
 for remedying any nuisance or other evils complained 
 of in connection with such buildings ; 
 he must represent to the council the particulars concerning the 
 obstructive building with his opinion that it should be pulled 
 down. (S. 38, sub-s. 1, H. W. C. Act, 1890.) 
 
 A similar representation may be made by four or more in- 
 habitant householders. (S- 38, sub-s. 2.) 
 
 On receiving any such representation, the council must have 
 a report made on the circumstances of the building and the cost 
 of pulling it down and acquiring the land. This report and the 
 representation must then be considered; and if the council 
 decide to proceed in the matter, they must serve a copy of the 
 report and of the representation on the owner of the land on 
 which the building stands, with notice of the time and place 
 when the owner will be at liberty to attend and state his objec- 
 tions. 
 
 After hearing the owner the council must either make an 
 order allowing his objections or direct the obstructive building 
 to be pulled down. 
 
 The owner can appeal to Quarter Sessions against this order. 
 (S. 38, sub-s. 3.) 
 
 When an order for the pulling down of the obstructive 
 building has been made by the council, and there has been no 
 appeal against it, or the appeal has failed or been abandoned, 
 the council can purchase the land on which the building stands. 
 
 C. F 
 
210 DISTRICT COUNCILS. 
 
 The provisions of the Lands Clauses Acts with respect to the 
 taking of lands otherwise than by agreement are to apply. 
 
 The land may be purchased any time within one year from 
 the date of the order for the pulling down, or, if it is appealed 
 against, from the date of its confirmation. (Sect. 38, sub-s. 4.) 
 
 The owner may, within one month after notice to purchase, 
 declare his wish to retain the site on which the building stands, 
 and he can undertake to pull, or permit the council to pull, the 
 building down. In such case the owner will retain the site and 
 the council must pay him compensation for the pulling down of 
 the building. (S. 38, sub-s. 5.) The amount of compensation 
 is to be settled by arbitration. (S. 38, sub-s. 6.) 
 
 When the council purchase the land the owner cannot insist 
 on his entire holding being taken when part only is proposed to 
 be taken as obstructive, and when, in the opinion of the 
 arbitrator to whom the question of disputed compensation is 
 submitted, this part can be severed from the remainder of the 
 building without material detriment to it. Compensation may- 
 be awarded in respect of the severance of this part proposed to 
 be taken in addition to its value. (S. 38, sub-s. 7.) 
 
 If the arbitrator considers that the demolition of the obstruc- 
 tive building will add to the value of the buildings in its 
 proximity, he must apportion so much of the compensation as 
 may be equal to the increase in value of the other buildings 
 amongst those other buildings. The amount so apportioned is 
 to be deemed to be private improvement expenses incurred by 
 the council, and for the purpose of raising this amount of com- 
 pensation payable by them, the council can levy improvement 
 rates on the occupiers of those buildings. (S. 38, sub-s. 8.) 
 
 If the owner retains the site he must not erect any other 
 building upon it which will be obstructive. The council can 
 deal with such building as under s. 34, sub-s. 2, p. 208. (S. 38, 
 sub-s. 10.) 
 
 The council on purchasing the land must pull down the 
 obstructive building and keep the site open, or so much of it as 
 is necessary for the purpose of remedying the nuisance caused 
 by the obstructive building. With the consent of the L. Gr. B., 
 the council can sell any portion of the site not required for the 
 purpose. (S. 38, sub-s. 11.) 
 
HOUSING. 211 
 
 The council may dedicate the land purchased by them as a 
 highway or other public place. (S. 38, sub-s. 12, H. W. C. 
 Act, 1890.) 
 
 When a demolition order has been made and the council 
 (a) consider that it would be beneficial to the health of the 
 inhabitants of the neighbouring houses if the area occupied by 
 the building to be demolished was used for all or any of the 
 following purposes — 
 
 (i) dedicated as a highway or open space ; 
 (ii) appropriated for the erection of dwellings for the 
 working classes ; 
 
 (iii) exchanged for other land more suitable for these dwell- 
 ings; or 
 
 (b) if the council consider that owing to the closeness, bad 
 arrangement, want of light and air, or any other sanitary defects, 
 the demolition or rearrangement of the buildings {i.e., those 
 closed by a closing order) is necessary, and the area comprising 
 these buildings is too small to be dealt with as an unhealthy 
 area under Part I. — the council must pass a resolution to the 
 above effect or effects, and must direct a scheme for the improve- 
 ment of the area to be prepared. (S. 39, sub-s. 1, H. W. C. 
 Act, 1890.) 
 
 The L. G. B. can compel a council to make a scheme under 
 s. 39, if it thinks fit, when the council have failed to pass a 
 resolution under s. 10, Part I., of the Act of 1890. (S. 4, 
 H. W. C. Act, 1903.) 
 
 When the scheme has been prepared, notice of it must be 
 given to the owners, lessees and occupiers of the buildings 
 involved in it. (S. 39, sub-s. 2, H. W. C. Act, 1890.) 
 
 The council must then petition the L. G. B. for an order 
 sanctioning the scheme. (S. 39, sub-s. 3.) 
 
 When the sanction is obtained the council may purchase the 
 area comprised in the scheme by agreement, and in that case 
 the L. G. B. order takes effect without confirmation. If the 
 council and owners do not agree, the order must be published 
 by the council in the London Gazette, and notice of it must be 
 served on the owners of every part of the area. (S. 39, sub-s. 4.) 
 
 An owner may, within two months after publication of the 
 order, petition the L. G. B. against it, and then the order 
 
 p2 
 
213 DISTRICT COUNCILS. 
 
 becomes provisional only until confirmed by Act of Parliament. 
 (S. 39, sub-s. 5.) But if no such petition is presented or it is 
 withdrawn, the L. G. B., if satisfied that the order has been 
 duly published, must confirm the order. (S. 39, sub-s. 6.) 
 
 The order may incorporate the provisions of the Lands 
 Clauses Acts relating to compulsory purchase, but the compen- 
 sation, in case of difference, will be settled by arbitration as 
 provided by this Act. (S. 39, sub-s. 7.) 
 
 The provisions contained in ss. 9, 12, 13 and 22 of Part I. 
 (see supra, pp. 203, 204) apply with the necessary modifications 
 to a reconstruction scheme made in pursuance of Part II. (S. 39, 
 sub-s. 8.) 
 
 The scheme may be modified by the L. G. B. (s. 6, H. "W. C. 
 Act, 1903) ; and the L. G. B. can permit the council to modify 
 it. But if the proposed modification entails an increased 
 expenditure, or authorizes the taking of any property otherwise 
 than by agreement, or injuriously affects property in a manner 
 different from that proposed by the original scheme and without 
 the consent of the owner or occupier, notice of the L. G. B.'s 
 order authorizing the modification must be published and may 
 be petitioned against in the same manner as the original order. 
 (S. 38, sub-s. 9, H. W. C. Act, 1890.) 
 
 Neighbouring lands may be included in the scheme if the 
 council think that their inclusion is necessary for making the 
 scheme efficient. But in this case the arbitrator must give 
 compensation on account of the compulsory purchase of such 
 lands. (S. 7, H. W. C. Act, 1903.) 
 
 The scheme must provide for such dwelling accommodation 
 for persons of the working class displaced by the scheme as the 
 L. G. B. may require. (S. 40, H. W. C. Act, 1890.) 
 
 Compensation payable by the council in exercising any of the 
 powers conferred by Part II. is to be settled by an arbitrator 
 appointed by the L. G. B. In fixing this amount the arbitrator 
 is to be guided by the considerations mentioned in s. 21, Part I. 
 
 On payment or tender by the council to the person entitled to 
 receive compensation of the sum awarded, that person must 
 convey his interest in the property to the council. 
 
 On the request of the council, the arbitrator must, from time 
 to time make an award respecting a portion only of the disputed 
 
HOUSING. 213 
 
 cases before him. He may, on the request of a claimant, certify 
 the amount of costs properly incurred by him in relation to the 
 arbitration, and the amount so certified must be paid by the 
 council. This amount must be paid within seven days, or the 
 council may be sued for it. But the arbitrator must not give 
 such certificate if the amount is equal to or less than the amount 
 offered by the council before the appointment of an ai'bitrator, 
 nor if he considers that the claimant after receiving the council's 
 notice neglected to send them particulars of his claim so as to 
 enable them to make an offer. (S. 41, II. W. C. Act, 1890.) 
 
 Expenses incurred under Part II. of the H. W. C. Act, 
 1890, by a district council are to be defrayed in the same 
 manner as expenses incurred under Part I. (see s. 24, supra) ; 
 but the expenses incurred by a rural district council, other than 
 expenses incurred in proceedings for obtaining a closing order, 
 must be charged as special expenses on the contributory place 
 in respect of which they were incurred. (S. 42, H. "W. C. Act, 
 1890.) The council have similar borrowing powers to those 
 given to them by s. 2o, Part I., and by s. 1, H. W. C. Act, 
 1903. (S. 43, H. W. C. Act, 1890.) 
 
 A district council must present to the L. Gr. B. an annual 
 account of all moneys received and paid, and of all work done 
 by the council with a view to carrying into effect the purposes 
 of Part II. (S. 44, H. W. C. Act, 1890.) 
 
 When a rural district council receive a representation or 
 complaint from the medical officer or from any inhabitant 
 householders, or if a complaint is made to the medical officer 
 respecting — 
 
 (a) any dwelling-house being unfit for human habitation ; or 
 
 (b) an obstructive building ; or 
 
 (c) a dwelling with regard to which a closing order has been 
 
 made; 
 the district council must forward a copy of the complaint or 
 representation to the County Council and furnish the County 
 Council with such particulars as are required. 
 
 If the County Council consider that proceedings for a closing 
 order ought to be instituted by the district council, or that a 
 demolition order ought to bo made, or that the building ought 
 to be pulled down as an obfctructive building, they must notify 
 
214 DISTEICT COUNCILS. 
 
 the district council of that opinion. (S. 45, H. "W. C. Act, 
 1890.) 
 
 If, after a month, the County Council consider that the dis- 
 trict council have failed to take or to prosecute the proceedings 
 recommended, the County Council can pass a resolution to that 
 effect, and thereupon they can do what the district council ought 
 to have done, and the County Council can recover from the 
 district council all their expenses, including compensation paid, 
 incurred in respect of the particular building. (S. 45, H. "W. C. 
 Act, 1890.) 
 
 A report by a county medical oflScer forwarded by the County 
 Council to a district council is, for the purposes of Part II., to 
 have the like effect as a representation from the medical officer 
 of the district. (S. 62, H. W. C. Act, 1890.) 
 
 Part III. — Working Class Lodgtng-houses. 
 
 Part III. can be adopted by an urban district council (s. 54, 
 H. W. C. Act, 1890) ; and a rural district council, with the 
 consent of the County Council, can adopt it either for the whole 
 or for any contributory place of their district. (S. 2, H. W. C. 
 Act, 1900.) 
 
 If a parish council resolve that the rural district council ought 
 to have adopted or put Part III. into execution in the parish, 
 the County Council, after inquiry, can transfer the district 
 council's powers in the matter to themselves (as under s. 63, 
 Local Grovernment Act, 1894), put Part III. into execution, 
 and recover their expenses from the district council. (S. 6, 
 H. W. C. Act, 1900.) 
 
 " Working classes " include mechanics, artisans, and labourers 
 working for wages, and hawkers, costermongers and others 
 practising some trade or handicraft, whose earnings, in any 
 case, do not exceed 256'. a week. (S. 12, H. W. C. Act, 1903.) 
 
 " Lodging-houses " are separate houses or cottages inhabited 
 by persons of the working class, whether containing one or 
 several tenements. 
 
 A cottage may include a garden of not more than half an 
 acre, if the estimated annual value of the garden is not above 
 3/. (S. 53, H. W. C. Act, 1890.) 
 
HOUSING. 215 
 
 For the purpose of providing houses and cottages for lodging 
 persons of the working class, the district council can purchase 
 land for erecting these lodgings ; when the land is taken com- 
 pulsorily, ss. 176 — 178, P. H. Act, 1875, are to apply to the 
 purchase of it. (S. 57, H. W. C. Act, 1890.) Any dispute as 
 to the amount of compensation to be paid is to be settled by an 
 arbitrator appointed by the L. Gr. B. (S. 7, H. W. C. Act, 
 1900.) 
 
 Or the council may purchase or lease such houses which are 
 already in existence, or in course of erection, and an urban 
 council, with the consent of the L. G. B., and a rural council, 
 with the consent of the County Council, can appropriate houses 
 thus acquired, and any other lands for the time being vested in 
 or at the council's disposal, for working men's lodgings. (S. 57, 
 H. W. C. Act, 1890.) 
 
 In every lease of a house which is to be occupied by working 
 class lodgers, there is to be an implied condition that the house 
 is at the commencement of the holding fit for human habitation. 
 (S. 75, H. W. C. Act, 1890.) 
 
 Trustees of this class of dwelling can, if the majority consent, 
 sell, lease, or make over the management of these dwellings to 
 the council. (S. 58, H. W. C. Act, 1890.) 
 
 The council can erect lodging-houses on land acquired or 
 appropriated by them for the purpose, and convert any buildings 
 on the land into lodging-houses, and supply them with all 
 necessary furniture and conveniences. (S. 59.) 
 
 An urban council, with the consent of the L. G. B., and a 
 rural council, with the consent of the County Council, can, for 
 this purpose, sell or exchange land vested in them for more 
 suitable land. (S. 60, H. W. C. Act, 1890.) 
 
 An urban, but not a rural, council can establish or acquire 
 lodging-houses outside their district (s. 1, H. W. C. Act, 1900), 
 provided, of course, that Part III. has been adopted by the 
 council. 
 
 Further, an urban council, with the consent of the L. G. B., 
 and a rural council, with the consent of the County Council, 
 can lease land acquired by them for the purposes of Part III. 
 on condition that the lessee builds lodging-houses on it. (S. 5, 
 H. W. 0. Act, 1900.) 
 
216 DISTRICT COUNCILS. 
 
 Ss. 61 and 62, H. W. C. Act, 1890, infra, do not apply to 
 lodging-houses built bj a lessee in pursuance of this section. 
 (S. 5, H. W. C. Act, 1900.) 
 
 The general management of lodging-houses established or 
 acquired by a district council under Part III. must be exercised 
 by the council. The council may make reasonable charges for 
 their occupation (s. 61, H. W. C. Act, 1890), and bye-laws for 
 their regulation. (S. 62.) 
 
 A printed copy of these bye-laws must be put up in every 
 room (s. 62), and they must be approved by the L. Gr. B. 
 (S. 84.) 
 
 Bye-laws must be made in all cases except where a lodging- 
 house is used as a sepai*ate dwelling (see also the exception made 
 by s. 5, H. W. C. Act, 1900, supra) :— 
 
 (i) For securing that the lodging-houses shall be under the 
 management of the officials employed for that purpose 
 by the council, 
 (ii) For securing the proper separation of the sexes at night. 
 
 (iii) For preventing damage, distui'bance, indecency, and 
 nuisances. 
 
 (iv) For determining what the duties of the council's officials 
 shall be. (S. 62.) 
 
 Fines for breach of bye-laws are to be paid to the credit of 
 the fund from which the expenses are defrayed. (S. 71.) 
 
 A tenant or his wife who receives Poor Law relief, except 
 any relief granted on account of an accident or illness, is dis- 
 qualified for remaining an occupier of one of these dwellings. 
 (S. 63, H. W. C. Act, 1890.) 
 
 If the council supply the district with gas or water, they may 
 supply these lodging-houses free of charge or on favourable 
 terms. (S. 69.) 
 
 These lodging-houses must at all times be open to the 
 inspection of the council or their officers. (S. 70.) 
 
 If the lodging-houses, after being established for seven years, 
 prove too expensive, or are found to be unnecessary, an urban 
 council, with the consent of the L. G. B., and a rural council, 
 with the consent of the County Council, may sell them. (S. 64, 
 H. W. C. Act, 1890.) 
 
 A rural council's expenses will be defrayed as " special " 
 
HOUSING. 217 
 
 expenses, unless the County Council allow them to be defrayed 
 as " general " expenses, to be paid by the contributory places 
 for which Part III. has been adopted. (S. 65, H. W. C. Act, 
 1890.) 
 
 "When land has been acquired under Part III. for re-housing 
 persons displaced by schemes under Part I. or Part IL, the 
 council's accounts in respect of the land and houses erected on 
 it may be made out as under Part I. or Part II., under which- 
 ever of the Parts the scheme had been carried out. (S. 4, 
 H. W. C. Act, 1900.) 
 
 With the above exceptions, a district council's expenses under 
 Part III. will be defrayed in the manner provided for the 
 defraying of expenses incurred imder Part I. or Part II. ; and 
 a council have the same powers of borrowing as under those two 
 Parts. (Ss. 65 and 66, H. W. C. Act, 1890.) 
 
 Part IV. — (A.) Provisions Common to Parts I. and II. 
 
 Anyone authorised by the council, on giving twenty-four 
 hours' notice in writing to the occupier, can enter premises 
 which the council are authorised to purchase compulsorily in 
 order to survey and value them. (S. 77, H. W. C. Act, 1890.) 
 There is a penalty of 20/. for obstructing an officer of the 
 council. (S. 89.) 
 
 When the council have purchased a building in pursuance of 
 a scheme under Part I. or II., which has not been closed by a 
 Closing Order, and which is occupied by a tenant whose contract 
 of tenancy is for less than a yeai* — if they require him to move 
 in order that the building may be pulled down, the council 
 can make him a reasonable allowance on account of the expense 
 of moving. (S. 78.) 
 
 Everything that the medical officer may or must do can be 
 done by the person appointed under s. 26 to act temporarily for 
 him. (S. 79.) 
 
 A district councillor must not vote on any resolution or 
 question arising in pursuance of Part I. or II. if it relates to 
 any building or land in which he is beneficially interested. 
 The penalty for so voting is a fine of 50/. ; but the fact of his 
 having voted will not invalidate the resolution, or the proceed- 
 ings of the council in pursuance of the resolution (s. 88, 
 
218 DISTRICT COUNCILS. 
 
 H. W. C. Act, 1890), nor will it disqualify liim for remaining 
 a member of the council, it coming within the exception of an 
 interest in the sale or lease of lands. (S. 46, sub-s. 2, Local 
 Grovernment Act, 1894.) 
 
 (B.) Provisions Common to Parts I., II., III. 
 
 Separate accounts must be kept by the council of their receipts 
 and expenditure under each Part. These accounts must be 
 audited with the council's other accounts. (S. 80, H. W. C. 
 Act, 1890.) 
 
 The council can appoint a committee of members for any of 
 the purposes of the Act. But this committee cannot be 
 empowered to borrow, to levy a rate, or to enter into any 
 contract. (S. 81.) 
 
 The proceeds of the sale of land acquired by a council under 
 this Act must be applied to any purpose (including repayment 
 of loans) for which capital money may be applied and of which 
 the L. G-. B. approves. (S. 82.) 
 
 All orders in writing {e.g., a demolition order) made by the 
 council must be under their seal and authenticated by the 
 signature of the clerk or of his lawful deputy, and every notice 
 required to be issued and served by the council must be similarly 
 signed. (S. 86.) 
 
 Any notice {e.g., a notice of appeal under s. 35) required to 
 be served on the council may be served by delivering it to the 
 clerk, or leaving it at his office or with some person employed 
 there. (S. 87.) 
 
 The L. Gr. B. can cause an inquiry to be held when it thinks 
 necessary in relation to any matter connected with the Act, and 
 has a discretion as to the costs of the inquiry. (S. 85, H. W. C. 
 Act, 1890.) 
 
 Small Dwellings Acquisition. 
 
 The Small Dwellings Acquisition Act, 1899, enables local 
 authorities to assist, by advancing money, the resident in a small 
 dwelling to acquire the ownership of it. 
 
 A dwelling in respect of which an advance can thus be made 
 must not, in the opinion of the local authority, have a market 
 value exceeding 400/. 
 
HOUSING. 219 
 
 The local authorities for the purpose of the Act are the County 
 and County Borough Councils, and those district councils, urban 
 and rural, who by resolution undertake to carry out the Act in 
 their districts. Councils, however, of districts with a population 
 under 10,000 must obtain the consent of the County Council, 
 If the County CouncU refuse this consent, the district council 
 can appeal to the L. Gr. B. (S. 9.) 
 
 The amount advanced by the council to a resident must not 
 exceed four-fifths of the sum which, in the opinion of the 
 council, represents the market value of the ownership ; this sum 
 must not exceed 240/. for a leasehold for an unexpired term of 
 at least sixty years, or, in the case of a freehold interest or 
 leasehold of not less than ninety-nine years unexpired at the 
 date of purchase, 300/. 
 
 The money advanced must be repaid with interest, which 
 must not be more than lOs. above the rate at which the council 
 can borrow from the Public Works Loans Commissioners for 
 the purpose of making the advance, within any period not 
 exceeding thirty years, to be agreed upon between the council 
 and the applicant. These repayments may be by instalments 
 weekly or at any other periods not exceeding a half-year that 
 may be agreed upon. But the proprietor {i.e., the person to 
 whom the advance has been made) on giving one month's notice 
 to the council can pay off on any of the usual quarter days the 
 whole of the outstanding loan or any part of it, being 10/. or a 
 multiple of 10/. (S. 1.) 
 
 Before making an advance the council must be satisfied 
 
 (a) that the applicant resides or intends to reside in the house, 
 and is not already the proprietor of it \_N.B. — To be a resident 
 he must both occupy it and reside in it (s. 10, sub-s. 2)] ; 
 
 (b) that the value of the ownership is sufficient ; (c) that the 
 title is one which an ordinary mortgagee would accept ; (d) that 
 the house is in good repair and sanitary condition ; and (e) that 
 the repayment of the loan is secured by an instrument vesting 
 the ownership in the council subject to the right of redemption 
 by the applicant. (S. 2.) 
 
 The council must keep a book, open to inspection, showing 
 the list of advances, a description of the houses, the amount 
 advanced, the amount repaid, the names of the proprietors, and 
 
220 DISTRICT COUNCILS. 
 
 such other particulars as the council think fit to enter in the 
 book. (S. 8.) 
 
 A proprietor, who has thus acquired the ownership of a 
 dwelling, must, until the advance and interest have been fully 
 repaid, comply with the following statutory conditions : — 
 - (i.) Every sum due for principal or interest must be punctually 
 paid ; (ii.) he must reside in the dwelling ; (iii.) it must be 
 kept insured against fire to the council's satisfaction, and the 
 receipts for the premiums must be produced when required by 
 them ; (iv.) it must be kept in good sanitary condition and 
 repair ; (v.) must not be used for the sale of intoxicating liquors 
 or in a way to be a nuisance to adjoining houses; (vi.) an 
 officer of the council, duly authorised in writing, can enter the 
 house at all reasonable times to ascertain if the above conditions 
 are being complied with. (S. 3.) 
 
 The statutory condition {supra) as to residence may be sas- 
 pended by the council for any period not exceeding six months, 
 and a proprietor may be permitted to let the house for a period 
 of not more than four months in one year, or during his absence 
 in the performance of any work or employment. And this 
 condition may be suspended for twelve months from the death 
 of the proprietor or until his representative has transferred the 
 interest in it ; and it may be suspended during the continuance 
 of any arrangement between the council and the trustee in 
 bankruptcy of a proprietor. (S. 7.) 
 
 The proprietor may, with the council's permission, transfer 
 his interest in the house, subject to the above-mentioned statu- 
 tory conditions ; and with the same permission he may charge 
 his interest in the house provided the council's rights are not 
 affected thereby. (S. 3.) But imtil he transfers, the proprietor 
 is personally liable for repayment of the advance. (S. 4.) 
 
 If the statutory condition as to residence is not complied with, 
 the council may take possession of the house. If default is 
 made in respect of any of the other conditions (whether the 
 residence condition has or has not been complied with), the 
 council may either take possession or order the sale of the house 
 without taking possession. But before taking possession on any 
 of the grounds, other than non-payment of principal and interest^ 
 the council must give written notice to the proprietor to comply 
 
HOUSING. 221 
 
 with the conditions ; and (a) if within fourteen days he gives a 
 written undertaking that he will comply with the notice, and 
 (h) if he does so comply within two months, the council must 
 not take possession or order the sale of the house. 
 
 In the case of bankruptcy of the proprietor, the council must 
 take possession or order the sale of the house, unless they make 
 some agreement to the contrary with the trustee in bankruptcy. 
 (S. 3.) 
 
 • Possession may be recovered as if the council were the land- 
 lord and the proprietor the tenant, either under the County 
 Court Act, 188^, or the Small Tenements Recovery Act, 1838. 
 
 When the council take possession they must pay the pro- 
 prietor an agreed sum, or a sum equal to the value of the 
 interest in the house after deducting from it the amount of the 
 advance and any interest then unpaid and due. In the absence 
 of a sale or of agreement this amount can be settled by a 
 County Court judge. All expenses incidental to taking posses- 
 sion, or a sale, or legal proceedings incurred by the council 
 must bei deducted from the amount payable by them. (S. 5.) 
 
 But when the council order a sale of the house without taking 
 possession, they must have it put up to auction. They can 
 retain out of the proceeds of the sale any sum due on account 
 of the advance and repay themselves all expenses incurred about 
 the sale. Any balance is to be handed over to the proprietor. 
 If, however, at the auction the house cannot be sold for a sum 
 sufficient to recoup the council, they can take possession, and in 
 this case need not pay anything to the proprietor. (S. 6.) 
 
 The council's expenses are to be defrayed as under the P. H. 
 Act, 1875. Money may also be borrowed from the Public 
 AVorks Loans Commissioners as for public health purposes ; and 
 these sums are not to be reckoned for the purpose of the limitation 
 on borrowing by a district council contained in s. 234, P. H. Act, 
 1875. Separate accounts of receipts and expenditure must be kept. 
 
 If the expenses payable by a district council and not re-im- 
 bursed by the receipts exceed in the local financial year a sum 
 equal to a rate of 1^/. in the £, the council must make no 
 further advance for five years, or if, after that period has 
 elapsed, the expenses still exceed the Id. in the £ limit, then, 
 not until they have fallen below that limit. (S. 9.) 
 
222 DISTRICT COUNCILS. 
 
 Infectious Disease. 
 
 Notification of Infectious Disease. 
 
 The Infectious Disease (Notification) Act, 1889, was formerly 
 an " adoptive " Act ; but it is no longer so, and its provisions 
 apply to every district. (Infectious Disease Notification Act, 
 1899.) 
 
 Notice must be given to the medical officer when a person in 
 a dwelling-house, (a hospital exceptedJ is suffering from an 
 infectious disease. 
 
 This notice must be sent (a) by the head of the family or, in 
 his default, by the relatives of the patient present, or, in default 
 of them, by the person in charge of the patient, and in default 
 of any such persons, by the occupier of the building in which 
 the patient is, as soon as he is aware that the patient is suffering 
 from an infectious disease ; (b) the medical practitioner attend- 
 ing the patient must, as soon as he is aware that it is a case of 
 infectious disease, send a certificate to the medical officer stating 
 the name of the patient, where he is, and the nature of the 
 disease. 
 
 There is a penalty of 40s. for failure to send this notice or 
 certificate. (S. 3.) 
 
 These notices and certificates must be in writing or print. 
 (S. 8.) 
 
 The form of certificate was prescribed by L. Gr. B. Order, 
 12th September, 1889. 
 
 The " occupier " is the person who has the charge or man- 
 agement of the building or rooms in which the patient is. In 
 the case of a house let out as lodgings, or separate tenements, he 
 is the person who receives the rent either on his own account or 
 as an agent. In the case of a ship, he is the master or person 
 in charge. (S. 16.) 
 
 The Act applies to every vessel, boat, tent, van, and shed used 
 for human habitation, but it does not apply to foreign ships 
 (s. 13), nor to buildings and ships belonging to the Crown. 
 (S. lo, Notification Act, 1889.) 
 
 Every dairyman (for definition of a " dairyman " and 
 "dairy," see infra, p. 239) supplying milk within the district 
 
INFECTIOUS DISEASE. 223 
 
 from premises either within or beyond the district, must notify 
 to the medical oflScer all cases of infectious disease among 
 persons engaged in or in connection with his dairy as soon as he 
 becomes aware or has reason to suspect that such infectious 
 disease exists. A dairyman who fails to comply with this 
 section is liable to a penalty of 40s. (S. 54, P. H. Act, 1907.) 
 
 I^.B. — This section is only in force in districts to which it or 
 Part IV., P. H. Act, 1907, has been applied by L. G. B. Order. 
 
 The district council must supply medical practitioners in the 
 district with certificates gratuitously, and must pay a doctor for 
 each certificate sent in by him a fee of 2.s. 6d. if the case occurs 
 in his private practice, and Is. if in his practice as medical 
 officer of any public body or institution. (S. 4.) But a doctor, 
 even if he is the council's Medical Officer of Health for the 
 district, is entitled to a fee of 2s. 6rf. for a certificate sent by 
 him referring to a private patient. (S. 11, Notification Act, 
 1889.) 
 
 " Infectious diseases " include small-pox, cholera, diphtheria, 
 membranous croup, erysipelas, scarlatina or scarlet fever, typhus, 
 typhoid, enteric, and any other disease to which the district 
 council extend the definition. (S. 6.) 
 
 Plague is an " infectious disease," of which notification must 
 be made to the L. G. B. by medical officers to whose notice 
 cases of it are brought. (L. 0. B. Order, 19th September, 1900.) 
 
 A district council can include any other disease within the 
 above definition by means of a resolution to that eft'ect. 
 
 Fourteen days' notice must be given to the members before 
 the meeting when the resolution is brought forwai'd. 
 
 The resolution may be permanent or temporary in its 
 operation ; but if temporary, it must specify the period during 
 which it is to be in force. 
 
 The order made by the council's resolution must be approved 
 by the L. G. B., and it cannot be revoked or altered without 
 the L. G. B.'s approval. When so approved the council must 
 give notice of the order by publishing an advertisement of it in 
 a local newspaper, and by means of posters, &c., and copies of 
 it must be sent to every medical practitioner in the district. 
 The order will come into force at such date, not earlier than a 
 week from its first publication, as the council fix. 
 
224 DISTRICT COUNCILS. 
 
 In case of emergency, however, instead of foiu'teen days' 
 notice being necessary, tliree days' notice will suffice. 
 
 The resolution must declare the cause of the emergency, and 
 must be for a temporary order, and a copy of it must be 
 immediately sent to the L. G, B. and advertised. The order 
 will come into force one week after the date of its advertise- 
 ment, and will remain in force for a mouth, unless the L. G. B. 
 extends the time or fixes an earlier date for it to cease to be in 
 force. (S. 7.) 
 
 Local Acts containing similar provisions to those in this Act 
 are replaced by this Act. (S. 14, Infectious Disease Notification 
 Act, 1889.) 
 
 Prevention of the Spread of Infection. 
 
 The Infectious Disease Prevention Act, 1890, is an 
 " adoptive " Act, and can be adopted by ui'ban and rural 
 councils. The whole or any section of the Act can be adopteJ. 
 It will supersede any similar enactments contained in any local 
 Act in force in the district ; but it will be in addition to the 
 provisions of the P. H. Act, 1875, except as regards s. 120, 
 P. H. Act, 1875, which is repealed and replaced by s. 5 of the 
 Prevention Act, 1890, when the latter is in force in the district. 
 
 The expenses incm'red by district councils in carrying out 
 the provisions of the lb90 Act are to be defrayed in urban 
 districts from the general district fund, and in rural districts as 
 " general " expenses. (S. 20.) 
 
 (i.) Infected Things. 
 
 On the certificate of the medical officer, or of a medical 
 practitioner, that a house, or any articles in it, require dis- 
 infecting in order to check the spread of an infectious disease, 
 the clerk of the council must give written notice to the owner 
 or occupier, informing him that unless he intimates to the 
 council within twenty-four hours his readiness to do the dis- 
 infecting to the medical officer's satisfaction, the council will 
 disinfect at his expense. 
 
 Should the person served with this notice fail to give such 
 intimation, or to carry out a satisfactory disinfecting, the council 
 
INFECTIOUS DISEASE. 225 
 
 must disinfect under the medical officer's supervision, and the 
 expense can be recovered summarily from the defaulter. 
 
 But if, in the opinion of the council or their medical officer, 
 a person is unable to effectually disinfect his premises {e.g.., on 
 account of poverty), they need not serve him with the above 
 notice, but, with his consent, can do the disinfecting at the 
 council's expense. (S. 5, Prevention Act, 1890.) 
 
 N.B. — S. 120, P. H. Act, 1875, which contains very similar 
 provisions, is replaced by the above enactment in districts where 
 the Prevention Act, 1890, is in force. 
 
 S. 120 imposes a lO.s. penalty for failure to comply with the 
 notice. 
 
 " Medical officer," for the purpose of the 1890 Act, includes 
 a person appointed to act temporarily. (S. 2, Prevention Act, 
 1890.) 
 
 For the purj)ose of carrying the above provisions of s. 5 into 
 effect, an officer of the council appointed for that purpose can 
 enter any premises between 10 a.m. and 6 p.m. on producing 
 his written authority. (S. 17, Prevention Act, 1890.) 
 
 In districts in which s. 66 of Part lY., P. H. Act, 1907, is in 
 force, the following provisions will apply : — 
 
 If the medical officer, or any other qualified medical prac- 
 titioner, certifies that the cleansing or disinfection of a house or 
 of any articles therein likely to retain infection, or that the 
 destruction of those articles would tend to prevent or check any 
 dangerous infectious disease, the council must serve a notice on 
 the master of the house, or, where the house or particular part 
 of it is unoccupied, on the owner. 
 
 N.B. — The "master" is the person in occupation of or having 
 the charge, management or control of the house or that parti- 
 cular part referred to in the certificate. Where the house is 
 wholly let out in separate tenements, or is a lodging-house 
 wholly let to lodgers, the " master " is the person who receives 
 the rent payable by the tenants or lodgers either on his own 
 account or as agent of another person. 
 
 The notice must inform the master or owner (as the case may 
 be) that the house or articles will be cleansed and disinfected or 
 (as regards the articles) destroyed by the council unless he 
 informs the council within twenty-four hours from the receipt 
 
 C. Q 
 
226 DISTRICT COUNCILS. 
 
 of the notice that he will cleanse and disinfect the house or 
 articles, or destroy the articles to the satisfaction of the medical 
 oflScer, or of some other qualified medical practitioner within a 
 time fixed by the notice. 
 
 But if (a) within twenty-four hours from the receipt of the 
 council's notice the person on whom it is served does not inform 
 the council that he will cleanse and disinfect, &c. ; or (b) having 
 so informed the council he fails to carry out his undertaking ; 
 or (o) if the master or owner without any such notice being 
 served on him gives his consent, then the cleansing, disinfection, 
 &c. must be carried out by the council's officers under the 
 superintendence of the medical officer and at the cost of the 
 council. 
 
 For the purpose of carrying this section into effect the 
 council's officers may enter on any premises by day, i.e., be- 
 tween 6 a.m. and 9 p.m. 
 
 When the council have disinfected a house or articles under 
 this provision, the council must pay compensation for any 
 unnecessary damage ; and when they have destroyed any article 
 under this section, they must compensate the owner, who may 
 recover the amount of compensation in a summary manner. 
 (S. m, P. H. Act, 1907.) 
 
 If the council are satisfied, on the certificate of their medical 
 officer, that the purification or destruction of any article in a 
 dwelling-house is, by reason of the filthy condition of the article, 
 necessary to prevent injury or to remove or obviate risk of 
 injury to the health of any person in the house, they can have 
 the article purified or destroyed at the council's expense. 
 
 The council must compensate the owner of the article for any 
 damage in consequence of their exercising this power if the 
 condition of the article is not attributable to any act or default 
 by him. (S. 56, P. H. Act, 1907.) 
 
 N.B. — This section is only in force when it or Part IV. has 
 been applied to the district by L. Q-. B. Order. 
 
 The district council can order bedding, clothing or other 
 articles which have been exposed to infection to be destroyed, 
 and can compensate their owner. (S. 121, P. H. Act, 1875.) 
 
 In case of dispute as to the amount it must be settled by 
 arbitration as provided by s. 180, P. H. Act, 1875 (see p. 16) ; 
 
INFECTIOUS DISEASE. 227 
 
 or if the amount claimed does not exceed 20/., the amount 
 payable may be ascertained by a Court of summary jurisdiction. 
 (S. 308, P. H. Act, 1875.) 
 
 The medical officer, unless he has been generally or specially 
 directed by the council, has no riglit to order infected articles 
 to be destroyed. {Garlick v. Enottingley U. D. C. (1904), 2 
 L. Gr. E. 1345.) But in districts where the 1890 Prevention 
 Act is in force, the council or their medical officer, if he is so 
 empowered, can take a less drastic step with regard to infected 
 articles. They can by notice in writing require the owner of 
 infected bedding, &c. to hand it over to an officer of the council 
 for removal in order that it may be disinfected. 
 
 Failure to comply with this notice entails a 10/. penalty. 
 
 The bedding, &c. must be disinfected by the council, who 
 must return it to the owner free of charge, and must compensate 
 him for any unnecessary damage caused to the articles. 
 
 The amount of compensation is recoverable in and, in case of 
 dispute, must be settled by a Court of summary jurisdiction. 
 (S. 6, Prevention Act, 1890.) 
 
 The district council can provide a place and the apparatus 
 necessary for the purpose of disinfection. (S. 122, P. H. Act, 
 1875.) 
 
 The owner or driver of a public conveyance must imme- 
 diately cause it to be disinfected after it has, to his knowledge, 
 carried a person suffering from infectious disease ; and there is 
 a 5/. penalty if he neglects to do so. (S. 127, P. H. Act, 1875.) 
 
 An infectious disease patient who enters a public conveyance 
 without previously notifying the owner or driver is liable to a 
 penalty of 5/., and to pay in addition any loss and expense 
 caused to the owner from having to have the vehicle disinfected. 
 (S. 126, P. H. Act, 1875.) 
 
 A public vehicle, other than a hearse, which has been used to 
 carry the body of a person who has died from an infectious 
 disease, must be immediately disinfected. 
 
 It is an offence against this Act to hire such conveyance 
 without notifying the owner or driver that the person died of 
 an infectious disease. (S. 11, Prevention Act, 1890.) 
 
 In districts where s. 64, P. H. Act, 1907, is in force, the 
 following enactment applies : The owner or driver of a publio 
 
 q2 
 
238 DISTRICT COUNCILS. 
 
 vehicle, as soon as it comes to his knowledge that an infectious 
 disease patient has been conveyed in it, must give notice to the 
 medical officer and must have the vehicle disinfected. If he 
 fails to do so he is liable to a penalty of 5/. The owner or 
 driver can recover in a summary manner from the patient, or 
 from the person who placed the patient in the vehicle, a sum 
 suflficient to cover any loss or expense incurred by him over such 
 disinfection. But the council, when so requested by the owner 
 or driver, must provide for the disinfection of the vehicle free 
 of charge, except where the owner or driver conveyed a person 
 knowing that he was suffering from an infectious disease. 
 (S. 64, P. H. Act, 1907.) 
 
 A person, including an innkeeper, who knowingly lets a 
 house or room which has been occupied by a person suffering 
 from an infectious disease without having had the place and 
 the things in it disinfected to the satisfaction of a qualified 
 medical practitioner (as testified by a certificate signed by the 
 medical practitioner) is liable to a 20/. penalty. (S. 128, 
 P. H. Act, 1875.) 
 
 A person letting, or showing for the purpose of letting, a 
 house or part of it, who knowingly makes a false answer to a 
 question put by the person negotiating for the hire of it as to 
 whether anyone suffering fi*om an infectious disease is therein, 
 or has been there within the previous six weeks, is liable to a 
 penalty of 20/., or to a month's imprisonment with or without 
 hard labour. (S. 128, P. H. Act, 1875.) 
 
 In districts where the Prevention Act, 1890, has been adopted, 
 the following provision will be in force as regards tenants and 
 lodgers : A person who ceases to occupy a house or room, in 
 which, within the previous six weeks, there has been a person 
 suffering from infectious disease (i.) without first having it 
 disinfected to the satisfaction (as testified by a certificate) of a 
 quahfied medical practitioner; or (ii.) without notifying the 
 owner of the premises of the existence of the case of infectious 
 disease ; or (iii.) who makes a false answer to questions put by 
 the owner or by a person negotiating for the hire of the house 
 or room as to whether there has been any case of infectious 
 disease there, is liable to a penalty of 10/. (S. 7, Prevention 
 Act, 1890.) 
 
INFECTIOUS DISEASE. 229 
 
 J^.B. — When the above section is in force in a district, the 
 council must, on becoming aware that there is a case of infectious 
 disease in a house, give notice to the occupier of the provisions 
 of the section. (S. 14, Prevention Act, 1890.) 
 
 A person who gives, lends, sells, transmits, or exposes, without 
 previous disinfection, any bedding, clothing, rags, or other 
 things which have been exposed to infection, is liable to a 
 penalty of 51. But no proceedings are to be taken against 
 persons transmitting, with proper precautions, any bedding or 
 other things for the purpose of having them disinfected. 
 (S. 126, P. H. Act, 1875.) 
 
 It is an offence (the penalty is 61. and there is a daily penalty) 
 to throw any infected matter, without previous disinfection, 
 into an ashpit or a receptacle for rubbish. (S. 13, Prevention 
 Act, 1890.) 
 
 H.B. — This section is only in force in districts where it has 
 been adopted, and when it is in force the council must give 
 notice of its provision to the occupier of any house on becoming 
 aware that there is a ease of infectious disease in the house. 
 (S. 14, Prevention Act, 1890.) 
 
 In districts where ss. 56 and 59 of !Part IV., P. H. Act, 
 1907, are in force, the following p^o^^sions will apply : — 
 
 A person must not take or send to a public washhouse or 
 laundrj' any bedding, clothes, &c. which have been exposed to 
 infection from any infectious disease, imless they have been 
 disinfected by or to the satisfaction of the council, or their 
 medical officer, or of a qualified medical practitioner, or unless 
 they are sent to a laundry, with proper precautions, for the 
 purpose of disinfection, with notice that they have been exposed 
 to infection. 
 
 There is a 40.s. penalty for contravention of this provision. 
 
 The council may, on the application of any person, pay tlie 
 expenses of disinfecting any such bedding, &c. if the disinfection 
 is carried out by or under the direction of the council. (S. 55, 
 P. U. Act, 1907.) 
 
 A person must not return to a public or (circulating library a 
 book which he knows has been exposed to infection ; but he 
 must give notice to the council that the book has been so 
 exposed, and the council must have the book disinfected and 
 
230 DISTRICT COUNCILS. 
 
 returned to the library, or destroyed. If the book is destroyed 
 the council must pay its value to the proprietor of the library. 
 
 A person must not permit any book taken from a public or 
 circulating library, and which is under his control, to be used 
 by a person whom he knows to be suffering from an infectious 
 disease. 
 
 There is a penalty of 406\ for contravention of the provisions 
 of this section. (S. 59, P. H. Act, 1907.) 
 
 (ii.) Infected Persons. 
 
 The council must from time to time provide, free of charge, 
 temporary shelter or house accommodation, with any necessary 
 attendants, for the members of any family in which an infectious 
 disease has appeared, who have been compelled to leave their 
 dwelling in order that it may be disinfected by the council. 
 (S. 15, Prevention Act, 1890.) 
 
 The above provision only applies in districts where this 1890 
 Act has been adopted ; but in districts where s. 61 of Part TV., 
 P. H. Act, 1907, is in force, the council can exercise the powers 
 of s. 15 of the Prevention Act, 1890, whether the Act has been 
 adopted or not, and further, the council can provide temporary 
 accommodation for persons leaving a house after an infectious 
 disease has appeared therein. 
 
 For the purpose of providing temporary shelter or accom- 
 modation, the council can borrow money subject to the provisions 
 of the P. H. Acts. (See p. 27.) 
 
 When the council have provided a temporary shelter or house 
 accommodation, they may, on the appearance of any infectious 
 disease in a house (" house " includes a tent, van, shed, or boat 
 used for human habitation), and on the certificate of the medical 
 officer, cause any person tcho is not sick and who consents to 
 leave the house, or, in the case of a child, whose parent or 
 guardian consents to his leaving the house, to be removed to the 
 temporary shelter or house accommodation. 
 
 Similarly on the certificate of the medical officer, and on the 
 order of two justices, the council can cause any such person who 
 does not consent to leave the house to be removed to a temporary 
 shelter. There is a 5/. penalty for disobeying or obstructing 
 
INFECTIOUS DISEASE. 231 
 
 the execution of the justices' order. In every case the removal 
 must be at the council's cost. (S. 61, P. H. Act, 1907.) 
 
 The district council can provide a carriage for the conveyance 
 of persons suffering from infectious disease, and can pay tlie 
 expense of conveying a patient to a hospital or other place of 
 destination. (S. 123, P. H. Act, 1875.) 
 
 When a person suffering from an infectious disease is without 
 proper lodging, or is lodged in a room occupied by more than 
 one family, or is on board a ship, the council can, on the certifi- 
 cate of a medical practitioner, and on an order of a justice of 
 the peace, remove the patient to a hospital, provided the hospital 
 consents to receive him. 
 
 It is not necessary to get a justice's order to remove a patient 
 from a common lodging-house. 
 
 There is a penalty of 10/. for obstructing the execution or for 
 disobeying an order. (S. 124, P. H. Act, 1875.) 
 
 This 8. 124 is directed not only to the protection of the 
 patient, but to protecting other persons from infection. ( Warwick 
 v. Graham, (1899) 2 Q. B. 191 ; 68 L. J. Q. B. 1001.) In 
 that case a boy ill with scarlet fever was isolated in a room, but 
 it was proved that there was danger of infection to the other 
 members of the family who had to pass the door of the patient's 
 room when entering or leaving the house. It was held that the 
 justices ought to have made an order for the boy's removal to 
 hospital. 
 
 Where s. 65 of Part IV., P. H. Act, 1907 is in force, s. 124, 
 supra, will apply to all cases where persons suffering from an 
 infectious disease in a house or premises where they cannot be 
 effectually isolated. (S. 65, P. H. Act, 1907.) 
 
 The district council can make regulations (to be approved by 
 the L. Gr. B.) for removing to and detaining in hospital an 
 infectious disease patient who has been brought into the district 
 by a ship or boat. (S. 125, P. H. Act, 1875.) Similarly, a 
 person suffering from an infectious disease on board a canal 
 boat may be removed to hospital, and the coimcil may detain 
 the boat for such time as is necessary for cleansing and dis- 
 infecting it. The removal must be at the expense of the oounoil. 
 (S. 4, Canal Boats Act, 1877.) 
 
 An officer authorised to do bo by the council or by a justice 
 
232 DISTRICT COUNCILS. 
 
 can enter a canal boat (s. 7, Canal Boats Act, 1877) or a tent 
 or van (at any time between 6 a.m. and 9 p.m.) on showing his 
 authority if he has reason to believe that there is a person 
 suffering from an infectious disease within. (S. 9, Housing of 
 "Working Classes Act, 1885.) 
 
 A justice can order the detention in hospital of a person 
 suffering from an infectious disease who would not on leaving 
 hospital be provided with lodging or accommodation where proper 
 precautions could be taken for preventing the spread of infection. 
 This detention will be at the expense of the council. An officer 
 of the council or of the hospital or a police inspector in the 
 district can do all that is necessary to enforce the execution of 
 the order. The justice can extend the period of detention fixed 
 in the order as often as he may deem it necessary. (S. 12, 
 Prevention Act, 1890.) There is a 5/. penalty for obstructing 
 the execution of the justice's order. (S. 16.) 
 
 N.B. — The Prevention Act, 1890, is only in force in a district 
 where it has been adopted by the council. 
 
 The council may provide nurses for attendance on patients 
 suffering from infectious disease in the district who, owing to 
 the want of accommodation at the hospital or danger of infection, 
 cannot be removed to hospital, or where removal to hospital 
 might endanger the patients' health. The council may charge 
 a reasonable sum for the services of nurses provided by them. 
 (S. 67, P. H. Act, 1907.) 
 
 N.B. — This section is only in force in districts to which it or 
 Part IV. of the P. H. Act, 1907, has been applied by L. G. B. 
 Order. 
 
 A person who — (i.) while suffering from any dangerous 
 infectious disorder, exposes himself without proper precau- 
 tions against spreading the disease, in a street, public place, 
 shop, inn, or public conveyance ; or (ii.) being in charge of a 
 person suffering from a dangerous infectious disorder so exposes 
 the sufferer, or causes or permits such sufferer to he so exposed, is 
 liable to a penalty of bl (S. 126, P. H. Act, 1875.) 
 
 N.B. — The words in italics only form part of the section 
 when s. 62 of Part IV., P. H. Act, 1907, is in force in the 
 district. (S. 62, P. H. Act, 1907.) 
 
 A person suffering from an infectious disease who enters a 
 
INFECTIOUS DISEASE. 233 
 
 public conveyance without previously notifying to the owner, 
 conductor or driver that he is so suffering is liable to the same 
 penalty. (S. 126, P. H. Act, 1875.) But s. 63, P. H. Act, 
 1907, prohibits the conveyance of infected persons in public 
 vehicles and prohibits infected persons from entering any such 
 vehicles — the penalty for an offence against the section being 
 40s. (S. 63, P. H. Act, 1907.) 
 
 N.B. — S. 63 is only in force when it or Part IV., P. H. Act, 
 1907, has been applied to the district by L. Gr. B. Order. 
 
 A person who knows that he is suffering from an infectious 
 disease must not carry on any trade or business unless he can 
 do so without risk of spreading the disease. There is a 40s. 
 penalty for an offence against this section. (S. 52, P. H. Act, 
 1907.) 
 
 A person knowing that he is suffering from an infectious 
 disease must not take any book, or use or cause any book to be 
 taken for his use, from a public or circulating library. There 
 is a 40s. penalty for an offence against this section. (S. 59, 
 P. H. Act, 1907.) 
 
 If^.B. — The above two sections are only in force when they or 
 Part IV., P. H. Act, 1907, have been applied to the district by 
 L. G. B. Order. 
 
 A parent or person having charge of a child, which child is 
 or has been suffering from an infectious disease or has been 
 exposed to infection, must not, after receiving notice from the 
 medical officer that the child is not to be sent to school, permit 
 the child to attend school without having procured a certificate 
 from the medical officer (the certificate is to be granted free of 
 charge on application for it) that in his opinion the child may 
 attend school without undue risk of communicating the disease 
 to others. There is a 40s. penalty for an offence against this 
 section. (S. 57, P. H. Act, 1907.) 
 
 When a scholar is suffering from an infectious disease in a 
 school, the principal {i.e., the person in charge of the school, or, 
 if the school is divided into departments and there is no single 
 head of the school, the head of a department) must, if required 
 by the council, furnish them with a list of the names and 
 addresses of the day scholars attending the school or any depart- 
 
234 DISTRICT COUNCILS. 
 
 ment of it. There is a penalty of 40s. for non-compliance with 
 the council's requirement. 
 
 The council must pay the principal for every list furnished 
 by him the sum of 6d., and, if the list contains not less than 
 twenty-five names, a fm*ther sura of 6d. for every twenty-five 
 names contained in the list. (S. 58, P. H. Act, 1907.) 
 
 N.B. — The above ss. 57 and 58 are only in force in districts 
 to which they or Part IV., P. H. Act, 1907, have been applied 
 by L. G. B. Order. 
 
 The body of a person who has died from infectious disease 
 must not, without the consent of the medical officer or of a 
 qualified medical practitioner, be retained for more than forty- 
 eight hours elsewhere than in a mortuary or in a room not used 
 at the time as a dwelling or sleeping-room. (S. 8, Prevention 
 Act, 1890.) If the medical officer or a medical practitioner 
 certifies that it is desirable, in order to prevent infection, that 
 the corpse of a person who has died in hospital from an infectious 
 disease should not be removed except for burial, it must not 
 be removed except for burial or unless it is taken to a mortuary. 
 The penalty for ofPending against this section is 10/. (S. 9, 
 Prevention Act, 1890.) 
 
 A justice, on the certificate of a medical practitioner that the 
 body of a person who has died from an infectious disease is 
 retained in a room where persons live or sleep, or that it is in a 
 state dangerous to the health of the inmates, can order its 
 removal, at the council's expense, to a mortuary, and that it be 
 buried within the time specified in the order. If the friends of 
 the deceased do not bury the body within the time specified in 
 the justice's order, the relieving officer must cause it to be 
 buried at the expense of the poor rate, but he can recover the 
 expense summarily from any person liable to pay for the burial. 
 (S. 142, P. H. Act, 1875.) 
 
 An order for the removal of a corpse of an infectious disease 
 patient can also be made by a justice on the application of the 
 medical officer, if it has remained for more than forty-eight 
 hours in a place used at the time as a dwelling or sleeping-room 
 without the sanction of the medical officer or of a medical 
 practitioner, or if it is likely to endanger the health of the 
 inmates. (S. 10, Prevention Act, 1890.) 
 
INFECTIOUS DISEASE. 235 
 
 iV.-B. — The Prevention Act, 1890, is only in force in districts 
 where the Act has been adopted. There is a penalty of bl. for 
 obstructing the execution of a justice's order under s. 142 or 
 s. 10, supra. 
 
 A wake must not be held over the body of a person dying of 
 an infectious disease. A person attending or permitting such 
 wake to be held is liable to a penalty of 40s. (S. 68, P. H. 
 Act, 1907.) 
 
 (iii.) L. G-. B.'s Powers with regard to Epidemics. 
 
 The L. G-. B. can make regulations for the treatment of 
 persons suffering from cholera and other epidemic diseases, and 
 for preventing the spread of infection (s. 130, P. H. Act, 1875) ; 
 and whenever England appears to be threatened by a formidable 
 infectious disease the L. Gr. B. can make regulations for — (i.) the 
 speedy interment of the dead ; (ii.) a house-to-house visitation ; 
 (iii.) the provision of medical aid and accommodation, and 
 generally for preventing the spread of the disease. (S. 134, 
 P. H. Act, 1875.) 
 
 A person who wilfully neglects to carry out, or who obstructs 
 the execution of regulations made by the L. G. B. in pursuance 
 of 8. 130 or s. 134, supra, is liable to a penalty of 100/., and, in 
 the case of a continidng offence, to a further penalty of 50/. a 
 day. (S. 1, sub-s. 3, P. H. Act, 1896.) 
 
 The district council can borrow money for putting into force 
 regulations made by the L. G-. B. under s. 134. Money may 
 be borrowed from the Public Works Loans Commissioners ; and 
 if the L. Gr. B. thinks it expedient for the prompt and effective 
 execution of the regulations, the preliminary notice and public 
 inquiry may be dispensed with. (S. 2, Epidemic Diseases 
 Prevention Act, 1883.) 
 
 The L. GI-. B. Order relating to Cholera, Yellow Fever, and 
 Plague, Nov. 9th, 1896, may be summarized as follows : — 
 
 The district council, on receiving notice from an officer of the 
 Customs that he suspects a ship to be infected with cholera, 
 &c., must send their medical officer, or a medical practitioner 
 appointed for the purpose, to visit the ship. 
 
 By an amending Order of 25th December, 1902, a ship with 
 
236 DISTRICT COUNCILS. 
 
 cholera, &c. on board must signal, as prescribed bj the Order, 
 when three miles from the coast. 
 
 If the medical officer is satisfied that the ship is infected, he 
 must send a certificate to that effect to the council ; and the 
 ship must be detained at the moorings set apart for that 
 purpose. 
 
 When a ship is certified to be infected, the medical officer 
 must examine everybody on board ; and he must certify to the 
 council every case of cholera, &c., and every case of illness which 
 he suspects to be cholera. (Art. 12.) 
 
 A person certified by the medical officer to be suffering from 
 cholera must be removed, if his condition admit of it, to hospital 
 or other suitable place, and detained there until the medical 
 officer certifies that he is free from disease. If the patient cannot 
 be removed from the ship, the ship must remain subject, for 
 the purposes of the Order, to the control of the medical officer. 
 (Art. 13.) 
 
 A person certified by the medical officer to be suffering from 
 illness which he (the medical officer) suspects to be cholera, may 
 be detained for two days, either on board ship or in a hospital 
 to which he can be taken. (Art. 14.) 
 
 No person is to land from a ship with cholera on board until 
 the Customs officer or medical officer has been on board (1902 
 Order), nor unless a person who has not been certified to be 
 suffering from illness satisfies the medical officer as to his name, 
 destination and address. These particulars must forthwith be 
 sent by the medical officer to the clerk of the council, who must 
 thereupon transmit them to the local authority of the person's 
 place of destination. 
 
 Every such person, on arriving at a place other than the 
 address given by him to the medical officer, must, within forty- 
 eight hours of his landing, notify in writing his address to the 
 medical officer or to the local authority of the district where he 
 is. (Art. 15.) 
 
 If a cholera, &c. patient dies on board, the local authority or 
 their medical officer can direct the master of the ship to take the 
 body out to sea and sink it, or to hand it over to them for burial 
 or cremation. (Art. 17.) 
 
 The master must disinfect the ship and articles on board under 
 
INFECTIOUS DISEASE. 237 
 
 the direction of the medical officer. The medical officer or the 
 local authority can order him to disinfect and destroy infected 
 bedding, clothes, &c. used hy cholera patients ; and if he fail to 
 comply with this order within a reasonable time they can do the 
 necessary work themselves. (Arts. 16, 18, 19.) 
 
 If a ship not certified to be infected with cases of cholera has 
 come from a place infected with cholera, or has on board persons 
 who are in a filthy or otherwise unwholesome condition — the 
 medical officer may, if he think it desirable, give a certifi- 
 cate (in the form in the order, and in duplicate — one to the 
 master and one to keep himself or to send to the local authority) 
 that the persons on board should not be allowed to land unless 
 they can satisfy him as to their names, destinations, and 
 addresses. When this certificate has been given to the master, 
 no person must land until he has satisfied the medical officer in 
 the above manner. The same procedure must then be followed 
 as under Article 15, supra. (Arts. 20, 21.) 
 
 The medical officer, if he has reason to believe that a ship is 
 infected or has come from a place infected with cholera, &c., can 
 order all bilge water or water ballast to be pumped out before 
 she enters a dock or basin ; but if this proceeding would en- 
 danger the safety of the ship, he can order all water tanks, &c. 
 to be sealed up. 
 
 On the council providing a proper supply of water for drinking 
 and cooking, the medical officer can order all casks and vessels 
 containing water for these uses to be emptied and cleansed. 
 (Art. 22.) 
 
 A district council can appoint one or more legally qualified 
 medical practitioners to act in execution of this order, either in 
 place of or to assist the medical officer, and can pay them a 
 reasonable remuneration. (Art. 24.) 
 
 Precautions as to the Milk Supply. 
 If the medical officer has evidence that a case of infectious 
 disease in the district is attributable to milk, whether supplied 
 from a dairy in or without the district, or that the consumption 
 of milk from any dairy is likely to cause infectious disease in 
 the district — the medical officer can, on getting an order from a 
 justice who has jurisdiction in the place where the particular 
 
238 DISTRICT COUNCILS. 
 
 dairy is situated, inspect the dairy. If accompanied by a 
 veterinary surgeon, an inspection can be made of the cattle. 
 (S. 4, Prevention Act, 1890.) The veterinary surgeon can be 
 remunerated for his services : in rural districts his fees are pay- 
 able as " general " expenses. (S. 20.) 
 
 If, as a result of this inspection, the medical officer is of 
 opinion that infectious disease is caused by the consumption of 
 milk from that dairy, he must report to the council, and any 
 report made by the veterinary surgeon must be sent in with it, 
 and the council must then give written notice to the dairyman 
 to appear before them within twenty-four hours to show cause 
 why he should not be ordered to cease to supply the district with 
 milk. 
 
 If the dairyman fails to satisfy the council when so summoned 
 before them, they can make an order prohibiting him from 
 supplying their district with milk for such time as they think 
 necessaiy. When such an order has been made the council 
 must give notice of the facts to the councils of the district and 
 of the county in which the dairy is situated, and also to the 
 L. Gr. B. The order of prohibition must be immediately with- 
 drawn on the dairyman satisfying the council or their medical 
 officer that the milk supply has been changed or that the cause 
 of infection has been removed. 
 
 A dairyman against whom this order of prohibition is made 
 is not liable to any action for breach of contract. 
 
 A person who refuses to admit the medical officer to inspect a 
 dairy, or who supplies milk to the district after the order has 
 been made, is liable to a penalty of 5/. and a daily penalty of 
 40*'. if the oifence is a continuing one. Proceedings against a 
 dairyman must be taken before justices having jurisdiction in 
 the place where the dairy is. (S. 4, Prevention Act, 1890.) 
 
 N.B. — The above powers given to a council by s. 4 can only 
 be exercised in districts where the Act has been adopted. It 
 will also be noticed that, while the medical officer can inspect a 
 dairy if he has some evidence that the milk from it is Ukehj to 
 cause infectious disease, it is only if he reports that infectious 
 disease is caused by the milk that the council can stop the 
 supply. 
 
 If the medical officer certifies to the council that any person 
 
INFECTIOUS DISEASE. 239 
 
 m the district is suffering from infectious disease, whicli the 
 medical officer has reason to suspect is attributable to milk 
 supplied within the district, the council may require the dairy- 
 man supplying the milk to furnish the medical officer (within a 
 reasonable time fixed by the council) with a complete list of all 
 farms, dairies, or places from which his supply of milk is or has 
 been derived during the last six weeks. If the supply or any 
 part of it is obtained through any other dairyman, the council 
 can make a similar requisition upon that other dairyman. 
 
 The council must pay sixpence to the dairyman for every list 
 supplied by him, and, if the list contains not less than twenty- 
 five names, a further sum of sixpence for every twenty-five 
 names. A dairyman who fails to comply with the council's 
 requisition to supply a list is liable to a penalty of 5/. and a 
 daily penalty of 40s. (S. 53, P. H. Act, 1907.) 
 
 N.B. — S. 53 is only in force in districts to which it or 
 Part IV., P. H. Act, 1907, has been applied by L. G. B. Order. 
 It is important to note, in reference to how far the council's 
 powers under this section extend, the definitions of " dairy " 
 and " dairyman " in the 1907 Act. 
 
 A " dairy " as defined by the Prevention Act, 1890, includes 
 any farm, farmhouse, cowshed, milk store, milk shop, or other 
 place from which milk is supplied, or in which milk is kept for 
 the purposes of sale ; and " dairyman " is defined to mean cow- 
 keeper, purveyor of milk, or occupier of a dairy. 
 
 The expressions " dairy " and " dairyman " have the same 
 meaning given to them by s. 13 (the interpretation section), 
 P. H. Act, 1907, with this exception, that for the purposes of 
 the 1907 Act the dairy must be, or must be occupied " within 
 (unless otherwise expressed) the district of the local authority." 
 That is to say, that while s. 54, P. H. Act, 1907, expressly 
 requires a dairyman supplying milk within a district to notify 
 to the medical officer of that district all cases of infectious 
 disease among his servants engaged in his dairy from which the 
 milk is supplied, whether the dairy is u-it/iin or outside that 
 particular district, the power of requiring a list given by s. 53 
 can only be exercised by the council in the case of a dairy within 
 the district. 
 
 One effect of s. 53 will be to supply evidence to the medical 
 
240 DISTRICT COUNCILS. 
 
 officer on which he can act under s. 4, Prevention Act, 1890, 
 sf(pra. 
 
 See further as to the district council's control over the milk 
 supply of the district, Milk Supply. 
 
 Legal Proceedings. 
 
 Proceedings by the Council. 
 
 All offences under the P. H. Acts, and the penalties, 
 forfeitures, costs and expenses which are directed to be re- 
 covered in a summary manner, may be prosecuted and recovered 
 before a Court of summary jurisdiction. (S. 251, P. H. Act, 
 1875.) 
 
 Offences and penalties under the P. H. Act, 1890, may be 
 similarly prosecuted and recovered (s. 6, P. H. Act, 1890) ; 
 more than one sum may be included in one information or 
 summons under the 1890 or other P. H. Acts. (S. 8, P. H. 
 Act, 1890.) 
 
 Proceedings may be instituted by the clerk or any other 
 officer, or by a member generally or specially authorised by 
 resolution of the council to do so. (S. 259, P. H. Act, 1875.) 
 
 Offences under the P. H. Act, 1907, or against any bye-law 
 made under that Act, are recoverable in the same manner as 
 provided above. (S. 6, P. H. Act, 1907.) 
 
 The complaint must be made or the information laid within 
 six calendar months from the time when the matter of the 
 complaint arose. (S. 11, Summary Jurisdiction Act, 1848.) 
 
 N.B. — S. 252, P. H. Act, which provided a similar time 
 limit, has been repealed by the Summary Jurisdiction Act, 
 1884. In proceedings for recovery of a water rate levied by a 
 district council, it was held that the matter of complaint arose 
 when payment of the rate was demanded by the council. 
 {Elliott v. Bussell, (1902) 2 K. B. 748 ; 72 L. J. K. B. 15.) 
 
 Where the council are empowered by this Act to recover 
 demands summarily, they may at their option, if the demand is 
 under 50/., recover it by an action of debt in the County Court. 
 (S. 261, P. H. Act, 1875.) 
 
 A justice of the peace may act in cases arising under the 
 
LEGAL PROCEEDINGS. 241 
 
 P. H. Act, even though he is a member of the district council 
 instituting the proceedings. (S. 258, P. H. Act, 1875.) 
 
 A person wilfully damaging works or property belonging to 
 a district council, where no other penalty has been provided by 
 the Act, shall be liable to a penalty of 5/. (S. 307, P. H. Act, 
 1875.) 
 
 S. 253, P. H. Act, 1875, imposes restrictions on proceedings 
 for the recovery of penalties under the P. H. Acts. According 
 to Lord Bramwell's interpretation, proceedings can only be 
 taken by the local authority, or by a party aggrieved, or by a 
 person who has obtained the consent of the Attorney- Greneral. 
 {Fletcher v. Hudson (1880), 5 Ex. D. 287 ; 49 L. J. Ex. 793.) 
 
 A " party aggrieved " must be a person who has suffered 
 some legal loss or injury by the act done in respect of which 
 the penalty is given {per Lush, L. J., in Robinson v. CiDtey 
 (1881), 7 Q. B. D. 465 ; 50 L. J. Q. B. 561) ; and a candidate 
 at a municipal election was held to be a party aggrieved by the 
 fabrication of a voting paper. {Verdin v. Wrai/ (1877), 2 
 Q. B. D. 608 ; 46 L. J. M. C. 170.) But " a patriotic person 
 {e.g., in his capacity of ratepayer) who comes forward to sue, 
 but who is only aggrieved as the whole public are, is not 
 entitled to sue." (Maule, J., Boyce v. Higgins (1864), 23 
 L. J. C. P. 5.) 
 
 Where the application of a penalty is not otherwise provided 
 for, half is to go to the informer and half to the district council ; 
 but if the council are the informer they are to receive the whole 
 of the penalty, which must be carried by the treasurer to the 
 account of the district fund. (S. 254, P. H. Act, 1875.) 
 
 All penalties under any Acts incorporated with this Act are 
 to be similarly recovered and applied. (S. 316, P. H. Act, 1875.) 
 If a person assessed to any rate made under this Act by an 
 urban council fails to pay it when due and for fourteen days 
 after demand has been made in writing, or if a person quits, or 
 is about to quit, premises in respect of wliich a rate is then due 
 and refuses to pay it after written demand, he can be summoned. 
 If he fails to appear, or if no suflBcient cause is shown for non- 
 payment, the Court can make an order for payment of the rate, 
 and in default of compliance with the order, can by warrant 
 
242 DISTRICT COUNCILS. 
 
 cause it to be levied by distress of the defaulter's goods. The 
 costs of the levy may be included in the warrant. (S. 256, 
 P. H. Act, 1875.) See supra ^ as to time limit. 
 
 N.B. — In rural districts, the precepts of the council to the 
 overseers will be conclusive evidence of the amount which the 
 overseers must levy, and for non-payment the council have a 
 remedy against the overseers under s. 231. 
 
 Where an owner of premises is liable either under the P. H. 
 Acts, or by agreement with the council, to repay the expenses 
 incurred by the council in respect of those premises, these 
 expenses can be recovered by the council, together with interest 
 at the rate of 5 per cent, per annum from the date of service of 
 the demand till payment. 
 
 This sum can be recovered from the person who was owner 
 at the time when the works were completed. 
 
 Until payment, this sum will be a charge on the premises. 
 
 The time within which {i.e., six months) summary proceedings 
 may be taken by the council to recover expenses incurred by 
 them in works of private improvement, is to be reckoned from 
 the date of the service of notice of demand! 
 
 When these expenses have been settled and apportioned by 
 the surveyor as payable by an owner, the apportionment will 
 be conclusive unless within three months from service of notice 
 upon him by the council of the apportionment, the owner 
 disputes it by notice in writing. 
 
 The council may, by order, declare any such expenses to be 
 payable by annual instalments within a period not exceeding 
 thirty years, with interest not exceeding 5/. per cent, per annmn, 
 until the whole amount is paid. The council can recover an 
 instalment and interest, or any part of them, in a summary 
 manner from the owner or occupier for the time being when 
 they fall due. 
 
 If an occupier is so called upon, he can deduct the amount he 
 has paid from his rent in the same proportion as is allowed in 
 the case of private improvement rates. (S. 257, P. H. Act, 1875.) 
 
 S. 107 of the P. H. Act, 1875, provides that if, in their 
 opinion, summary proceedings for the abatement or prohibition 
 of a nuisance would not afford an adequate remedy, the council 
 
LEGAL PROCEEDINGS. 243 
 
 maj take proceedings in a superior Court, either by an action 
 for an injunction or by indictment. But in an action, unless 
 the nuisance causes damage to the private property of the council, 
 they must obtain the Attorney- General's fiat. {Tottenham 
 U. D. C. V. Wil/iamson, (1896) 2 Q. B. 353 ; 65 L. J. Q. B. 
 591.) The action will then be brought in the name of the 
 Attorney- General, with the council as relators. 
 
 When a nuisance appears to the council to be caused by two 
 or more persons, the council may institute proceedings against 
 any one of them, or may include all or any of them in one 
 proceeding. The proceedings can be carried on even though a 
 person included in them dies. In any proceedings for nuisances, 
 whenever it is necessary to refer to the owner or occupier of 
 premises, it is sufficient to designate him "owner" or "occupier" 
 without name or further description. (S. 255, P. H. Act, 1875.) 
 
 The district council are empowered by s. 26, sub-s. 4, Local 
 Government Act, 1894, to take proceedings for preserving rights 
 of way, rights of common, and for preventing unlawful encroach- 
 ments on road-side wastes. 
 
 The three courses open to the council recommended in the 
 L. G. B. Memorandum on the Act, in case of an unlawful 
 obstruction or encroachment, are — (1) to direct its removal; 
 (2) to indict the offender; or, (3) to bring an action against 
 him in the name of the Attorney- General, for which the 
 Attorney-General's fat must be obtained. 
 
 But in this last case, if damage is done to the property of the 
 council, they can sue alone. An action for trespass in throwing 
 down a post which the local authority had put up to prevent a 
 footpath from being used by wheeled traffic, was held to be an 
 action for damages for interference with the council's property, 
 to which it was not necessary to make the Attorney-General a 
 party. {Shcringham U. D. C. v. Hohey (1904), 91 L. T. 225.) 
 
 Proceedings against the Council. 
 
 District councils come within the protection given by the 
 Public Authorities Protection Act, 1893. 
 
 No action or proceeding will lie against a district council for 
 any act done by them or for any alleged neglect on their part 
 in the execution of their statutory duties and powers, unless 
 
 r2 
 
244 DISTRICT COUNCILS. 
 
 proceedings are begun within six months next after the act or 
 neglect complained of ; or, in case of a continuance of injury or 
 damage, within six months after it has ceased. 
 
 The six months' limit applies in an action imder Lord Camp- 
 bell's Act notwithstanding the twelve months' limit fixed by 
 that Act {Mnrkey v. Tolworth Joint Hospital Board, (1900) 2 
 Q. B. 454; 69 L. J. U. B. 738). The continuance of the 
 injury or damage means the continuance of the act which 
 caused the damage {Carey v. Bermondsey Borough Council 
 (1903), 20 T. L. K. 2). In this case the plaintiff met with an 
 accident causing her personal injuries, the effect of which con- 
 tinued for more than six months after the occasion on which 
 they were caused. It was held that her action would not lie. 
 
 S. 264, P. H. Act, 1875, which required notice of action to 
 be given to a local authority, has been repealed by this Act ; 
 but it benefits a council in another way. It provides that the 
 council, when sued in an action for damages, can tender amends. 
 If the plaintiff proceeds with his action after tender and does 
 not recover more than the sum tendered, their council will get 
 their costs from the time of making the tender. And the Court 
 may give costs to the defendant council if of opinion that 
 sufficient opportunity has not been given them for tendering 
 amends. 
 
 The Act applies not only to acts done in pursuance of the 
 P. H. Acts but where the council have acquired and are 
 working tramways under the Tramways Act {Parker v. L. C. C, 
 (1904) 2 K. B. 501 ; 73 L. J. K. B. 561) ; or under an Order 
 in pursuance of the Light Railways Act, 1896 {Lyles v. South- 
 end Corporation, (1905) 2 K. B. 1 ; 74 L. J. K. B. 484) ; and 
 where the local authority have by statute been constituted a 
 harbour authority {The Ydun, (1899) P. 236; 68 L. J. P. 101); 
 or are supplying electricity under a Provisional Order which has 
 been duly confirmed. {Ambler v. Bradford Corporation, (1902) 
 2 Ch. 585 ; 71 L. J. Ch. 744.) 
 
 The Act does not, however, apply to an action against a 
 district council for the price of goods sold and delivered and for 
 work and labour done {Milford Boek Co. v. Milford Haven 
 U. D. C. (1901), 65 J. P. 483), as an obligation to pay under a 
 contract is not a statutory duty of the Council. Nor does it 
 
LEGAL PROCEEDINGS. 245 
 
 apply to an action for damage from extraordinary traffic under 
 the Highway and Locomotive Act, where the damage is caused 
 by the carts of the contractors working for the local authority. 
 {Kent a C. V. Folkestone Corporation, (1905) 1 K. B. 620 ; 74 
 L. J. K. B. 352.) The Locomotives Act, 1898, fixes the time 
 limit in which such an action can be brought. (See Highways, 
 p. 146.) 
 
 The district council, of course, are liable as employers under 
 the Workmen's Compensation Acts, and also for injury caused 
 to other persons by the negligence of their employes. The 
 council will not be liable for the negligence of an independent 
 contractor (as to what amount of control over contractor will 
 make them liable, see Penn// v. Wimbledon U. I). C, Highways, 
 p. 144), or of that contractor's servant. {JoncH v. Mayor of 
 Liverpool (1885), 14 Q. B. D. 890 ; 54 L. J. Q. B. 345.) In 
 this case the corporation hired from a contractor a driver and 
 horse for one of their water carts. Beyond telling the driver 
 what streets he was to water, the corporation exercised no other 
 control over him — the man being paid by the contractor. In 
 an action against the corporation for injuries caused by this 
 driver's negligence, it was held that the corporation were not 
 liable, 
 
 A district councillor or an officer of the council acting under 
 the council's authority will not be personally liable for anything 
 done by him or the council, or for any contract entered into by 
 the council or by a Joint Board for the purposes of carrying 
 out the P. H. Acts. Any expenses incurred by them in so 
 acting are to be borne by the rates or district fund. But a 
 member of a council will not be exempt from liability to be 
 surcharged by the district auditor with the amount of a payment 
 disallowed by the auditor which the member has authorized or 
 joined in authorizing. (S. 265, P. H. Act, 1875.) 
 
 Appeals. 
 
 A person who deems himself aggrieved by the decision of the 
 district council in any case in which the council are empowered 
 (a) to recover in a summary manner any expenses incurred by 
 them or (b) to declare such expenses to be private improvement 
 
246 DISTRICT COUNCILS. 
 
 expenses, may, within twenty-one days after notice of that 
 decision, appeal to the L. G. B. 
 
 His appeal must take the form of a memorial to the L. Gr. B., 
 stating the grounds of his complaint, and a copy of it (within 
 the above period) must be delivered by him to the council. 
 
 The L. G. B.'s Order on this memorial will be conclusive. 
 
 The council, on receiving a copy of this memorial, must stay 
 any proceedings that have been begun against him for the 
 recovery of such expenses ; and the L. G. B. has power by its 
 order to direct the council to pay to him such sum as the Board 
 thinks to be a just compensation for the loss, damage or grievance 
 sustained by that person on account of proceedings having been 
 taken against him. (S. 268, P. H. Act, 1875.) 
 
 A person who deems himself to be aggrieved by a rate made 
 by the council or by an order, conviction or judgment by a 
 Court of summary jurisdiction can appeal to Quarter Sessions. 
 (S. 269, P. H. Act, 1875.) 
 
 There is also an appeal to Quarter Sessions given to a person 
 who is aggrieved (a) by an order, judgment, determination or 
 requirement of the district council ; (b) by the withholding of 
 any order, certificate, license, consent or approval which may be 
 made, granted or given by the council ; (c) by a conviction or 
 order of a Court of summary jurisdiction under the P. H. Acts, 
 1890 or 1907, except where this last-mentioned Act expressly 
 provides to the contrary. (S. 7, P. H. Acts, 1890 and 1907.) 
 
 But in cases where the council are empowered to recover 
 expenses in a summary manner or to declare the expenses to be 
 private improvement expenses, under either of these Acts, the 
 person aggrieved can only appeal to the L. G. B. and not to 
 Quarter Sessions. (S. 7, P. H. Acts, 1890 and 1907.) 
 
 In appeals against a rate the Court of Quarter Sessions have 
 the same powers of amending or quashing the rate or assess- 
 ment and of awarding costs between the parties as they have 
 with respect to appeals against the poor rate. 
 
 Notice of appeal must be given within fourteen days from 
 demand of payment. 
 
 Appeals, whether under the 1875 or other P. H. Acts, must 
 be in accordance with the Summary Jurisdiction Acts by which 
 the greater part of s. 269, P. H. Act, 1875, has been repealed. 
 
LEGAL PROCEEDINGS. 247 
 
 Notice of appeal must be given within seven days of con- 
 viction, order, &c., complained of. 
 
 The decision of Quarter Sessions will be binding on all 
 parties; but the Court may state the facts of the case specially for 
 the determination of a superior Court. (S. 269, P. H. Act, 1875.) 
 
 A person who is dissatisfied with a conviction or a determina- 
 tion by a Court of summary jurisdiction as being erroneous in 
 point of law can apply to the justices to state a case for the 
 determination of the High Court. (Summary Jurisdiction Act, 
 1879.) 
 
 Under the Quarter Sessions Act, 1849, the parties may con- 
 sent, and with the leave of a judge, after notice of appeal has 
 been given, to a special case being stated for the consideration 
 of the High Court. 
 
 Miscellaneous. 
 
 The L. G. B. is empowered by s. 293 of the Act to hold those 
 inquiries which are directed by the Act and by other Acts {e.g.^ 
 Housing of Working Classes Act, 1890, s. 85) to be made in 
 certain specified instances. The Board is given a discretion in 
 determining the parties by whom, or the rates out of which, the 
 costs of the inquiry shall be borne. An order as to the costs 
 can be made a rule of Court. (S. 294.) An order of the 
 L. G. B. will be conclusive in respect of the matters to which it 
 refers. (S. 295.) L. G. B. inspectors, for the purpose of the 
 inquiry, have the power to summon witnesses, to require them 
 to give evidence on oath, and can require the production of 
 documents. (S. 296, P. H. Acts, 1875.) 
 
 The costs of a district council, as sanctioned by the L. G. B., 
 incurred in promoting or opposing a Provisional Order, must be 
 defrayed out of the district fund or rates ; and the council, 
 with the consent of the L. G. B., can borrow money for defraying 
 such costs. (S. 298, P. H. Acts, 1875.) 
 
 Before a Provisional Order can be made by the L. G. B., 
 public notice of the purport of the proposed order must be 
 advertised by the council in two successive weeks in some local 
 newspaper. The L. G. B. can, if necessary, hold an inquiry 
 into the subject of the order. (8. 297, P. U. Act, 1875.) 
 
 N.B. — In some instances, e.g.^ for providing electric lighting 
 
248 DISTRICT COUNCILS. 
 
 or tramways, the council must get the Provisional Order from 
 the Board of Trade. 
 
 Notices given by Council. 
 
 Notices, orders, and other such documents which the council 
 are required to give on the occasions specified must he in writing 
 or print ; and if they require authentication by the council, the 
 signature by the clerk, or the surveyor, or inspector of nuisances 
 is sufficient authentication. (S. 266, P. H. Act, 1875.) 
 
 Any notice required to be given to the owner or occupier of 
 premises may be addressed by the description of the " owner " 
 or " occupier " of the premises (naming the premises) without 
 further name or description. 
 
 Notices, orders, &c. may be served by delivering them to or 
 at the residence of the person to whom they are addressed ; or 
 where they are addressed to the " owner " or " occupier," by 
 delivering them, or a true copy, to some person on the premises ; 
 or if there is no person on the premises who can be served, by 
 fixing it on some conspicuous part of the premises. 
 
 A notice sent by post is to be deemed to have been served at 
 the time when the letter containing it would be delivered in the 
 ordinary course of post. In proving such service it will be 
 sufficient to prove that the notice was properly addressed and 
 put into the post. (S. 267, P. H. Act, 1875.) 
 
 Licenses and Begistration. 
 
 Licenses granted by Council. 
 
 S. 27, Local Government Act, 1894, transferred from justices 
 to the district council the powers and duties of licensing gang- 
 masters, game dealers, passage brokers and emigrant runners, 
 knackers' yards, and of granting pawnbrokers' certificates, and of 
 licensing the storage of petroleum. 
 
 S. 171, P. H. Act, 1875, incorporates the provisions of the 
 Towns Police Clauses Acts, 1847 and 1889, relating to hackney 
 carriages, and enables an urban district council to license 
 hackney carriages and their drivers. 
 
 A gangmaster wishing to employ women or children in 
 agricultural labour, not on land occupied by himself, must get 
 
LICENSES AND REGISTRATION. 249 
 
 a license for the purpose from tlie district council. The license 
 will be in force for six months, and the fee payable in respect 
 of it is one shilling. (Agricultural Gangs Act, 1867.) 
 
 A game dealer's license is granted annually, and expires in 
 July. (Game Act, 1831.) 
 
 A knacker's license continues in force for one year. (Knackers 
 Act, 1844.) And see Slaughter-Houses, p. 334. 
 
 A certificate for a pawnbroker's license must be taken out 
 yearly. The applicant must give the requisite notices of his 
 intention to apply. The application can only be refused on the 
 grounds (1) that the applicant has failed to produce satisfactory 
 evidence of good character ; (2) that his shop, or any adjacent 
 place owned or occupied by him, is frequented by persons of 
 bad character ; or (3) that he has not given the notices required 
 by s. 42 of the Act. (Pawnbrokers Act, 1872.) 
 
 A passage broker is a person concerned in the sale or letting 
 of steerage passages in a ship proceeding from the British Isles 
 to any place out of Europe, not in the Mediterranean. He 
 must enter into a bond to the Crown in the sum of 1,000/. 
 The bond must be executed in duplicate ; one part must be 
 deposited with the emigration officer, and the other with the 
 Board of Trade. 
 
 The license must be granted to the applicant on his proving 
 that the bond has been made and deposited as required, and 
 that he has given fourteen days' notice to the Board of Trade 
 of his intention to apply for a license. 
 
 The council must send notice of the grant of the license to 
 the Board of Trade. 
 
 An emigrant runner is a person who solicits or recommends 
 an intending emigrant to any passage broker, shipmaster, 
 lodging-house keeper, or dealer, for any purpose connected with 
 preparation for a passage, or who gives, or pretends to give, 
 information relating to emigration to an intending emigrant. 
 
 The license can only be granted to him on his own application, 
 and on the written recommendation of the emigration officer, 
 or of the chief constable, or head of police in the place where he 
 proposes to carry on his business. The license will continue in 
 force till 31st December. (Merchant Shipping Act, 1894.) 
 
 Petroleum must not be kept without the license of the district 
 
250 DISTRICT COUNCILS. 
 
 council, except for private use or for sale, and then only if the 
 following conditions are complied with : (1) that it is kept in 
 separate vessels, securely stopped, each of which does not con- 
 tain more than one pint ; and (2) that the aggregate amount 
 kept does not exceed three gallons. 
 
 A person licensed under the Petroleum Hawkers Act, 1881, 
 may hawk, by himself, or by his servants, petroleum for sale. 
 
 A license must be signed by two or more councillors. It may 
 be granted for a limited time, and subject to conditions for the 
 safe keeping of petroleum as the council think proper. 
 
 A fee not exceeding 5s. may be charged for each license. 
 
 If the council refuse to gran^ a license, or the applicant is 
 dissatisfied with the conditions attached to it by the council, he 
 can require the council to give him a certificate of the grounds 
 of their refusal, or of the conditions they have chosen to annex 
 to its grant. He can then memorialize a Seoretary of State, or 
 the Lord-Lieutenant, who, after inquiry, can grant the Kcense, 
 with or without conditions. 
 
 An officer of the district council, on showing his authority, 
 can require a dealer in petroleum to show him the vessels in 
 which it is kept, and he can take samples for testing. 
 
 There is a penalty for obstructing an officer, and justices may 
 grant him a search warrant if satisfied that petroleum is being 
 kept on any premises in contravention of the Act. (Petroleum 
 Acts, 1871 and 1879.) 
 
 An urban council may license the proprietors and men in 
 charge of horses or donkeys standing for hire in the district 
 in the same manner as in the case of hackney carriages. Bye- 
 laws may be made regulating the stands and fixing the rates of 
 hire, and as to the qualifications of the persons in charge, and 
 for securing their orderly conduct. (S. 172, P. H. Act, 1875.) 
 
 An urban district council can license hackney carriages to ply 
 for hire in their district. 
 
 "Hackney carriage" includes an omnibus, char-a-banc, or 
 any other vehicle plying or standing for hire to carry passengers 
 at separate fares ; but it does not include a vehicle starting from 
 and previously hired by the particular passengers at a job- 
 master's yard, if the vehicle is his bond fide property and does 
 not ply for hire in the district ; nor does it include a tram-car, 
 
LICENSES AND REGISTRATION. 251 
 
 nor railway company's omnibus for taking passengers and their 
 luggage to or from the railway station, nor an omnibus starting 
 from outside the district and not plying for hire in the district. 
 
 The license of a proprietor of a hackney carriage must state 
 his name and place of abode. It must not relate to more than 
 one carriage. It must be under the council's seal, signed by 
 two or more members, registered in a book kept for the purpose, 
 and will be in force for a year or a less period if the council 
 choose. A fee, not exceeding 5s., must be paid for this license. 
 
 A driver, which includes a " conductor," of a licensed hackney 
 carriage must also get a license. It will remain in force until 
 revoked for misconduct. The fee to be paid for this license 
 is Is. (S. 171, P. H. Act, 1875.) 
 
 A district council must exercise an unfettered discretion in 
 dealing with applications for licenses. They cannot agree with 
 some proprietors of carriages to grant licenses to them and to 
 no others. {E. v. JBarri/ U. D. C. (1900), 16 T. L. E. 565.) 
 
 See p. 65 for council's power to make bye-laws for regulating 
 hackney carriages, horses and donkeys standing for hire ; also 
 see as to power to license drivers and conductors of tram-cars 
 (p. 340). 
 
 The district council may grant licenses to persons whom they 
 think fit to carry on the calling of a luggage porter, light 
 porter, public messenger, or commissionaire, and may charge a 
 fee of Is. for such license. 
 
 The council can make bye-laws for regulating the conduct of 
 persons so licensed. 
 
 The license may be granted for a year or less period, and 
 may be suspended, revoked or endorsed by the council whenever 
 they deem such action desirable in the interests of the public or 
 for breach of such bye-laws. But this power of suspending, 
 revoking, &c. must be plainly set forth in the license itself. 
 
 Every license, whensoever issued, is to expire on the Slst day 
 of March next following the date of its issue. 
 
 The license may contain conditions as to the badge which the 
 licensee shall wear. 
 
 If an unlicensed person represents himself as licensed, he is 
 liable to a penalty of 20s. (S. 84, P. U. Act, 1907.) 
 
 N.B. — This section is only in force in districts to which it or 
 
252 DISTRICT COUNCILS. 
 
 Part VII. of the P. H. Act, 1907, has been applied by order of 
 a Secretaiy of State. 
 
 The bye-laws made under this section must be submitted to a 
 Secretary of State for confirmation. (S. 9, P. H. Act, 1907.) 
 
 The district council may license pleasure boats and vessels to 
 be let for hire, or used for carrying passengers for hire, and 
 boatmen or persons assisting in the charge or navigation of such 
 boats. These licenses may be granted on such terms and 
 conditions as the council think fit, and the council can charge 
 for such licenses, in respect of a boat, an annual fee not exceeding 
 5s., and in respect of a boatman a fee of Is. 
 
 The license may be granted for such period as the council 
 think fit, and it can be suspended or revoked, if the council 
 think such a course desirable in the interests of the public ; but 
 the existence of this power to suspend or revoke the license 
 must be plainly set forth in the license itself. 
 
 In districts where this section is in force, a person must not 
 let for hire, or carry passengers in, a boat that is not licensed, 
 nor during the suspension of the license. 
 
 A license under this section is not, however, required for any 
 boat or vessel duly licensed by or under any regulation of the 
 Board of Trade. 
 
 A person must not carry or permit to be carried in a pleasure 
 boat a greater number of passengers for hire than is specified in 
 the license. The owner, before permitting a pleasure boat to 
 be used, must paint, in letters and figures not less than one 
 inch in height and three-quarters of an inch in breadth, on a 
 conspicuous part of the boat, his own name and the number of 
 persons it is licensed to carry, in the form *' Licensed to carry 
 persons." 
 
 There is a penalty of 40s. for contravening this section. 
 
 A person may appeal to a petty sessional Court against the 
 withholding, suspension or revocation of a license by the council. 
 The appeal cannot be made until after the expiration of two 
 clear days after such withholding, suspension, &c., and the 
 appellant must give twenty- four hours' notice in writing to the 
 clerk of the council of such appeal and the ground of it. The 
 Court can make such order as it thinks fit and can award costs, 
 
LICENSES AND REGISTRATION. 253 
 
 which costs can be recovered summarily as a civil debt. (S. 94, 
 P. H. Act, 1907.) 
 
 ]Y.B. — This section is only in force in districts to which it or 
 Part X., P. H. Act, 1907, has been applied by order of the 
 L. G. B. 
 
 See p. 65 as to council's power to make bye-laws for regu- 
 lating the use of pleasure boats. 
 
 Registration by Council. 
 
 Every person who carries on, for the purpose of private gain, 
 the business of keeper of a female domestic servants' registry, 
 must register his (or her) name and place of abode, and also the 
 premises where the business is carried on, in a book to be kept 
 at the council's offices for the purpose. 
 
 The council can make bye-laws prescribing the books to be 
 kept and the entries to be made therein, and any other matter 
 which the council may deem necessary for the prevention of 
 fraud or immorality in the conduct of such business. 
 
 The person registered must keep a copy of the bye-laws made 
 by the council under this section hung up in a conspicuous place 
 in the registered premises. 
 
 Any officer of the council, or other person duly authorized in 
 writing by the council, must, on producing his authority, at all 
 reasonable times be afforded full and free power of entry into 
 the registered premises in order to inspect them and the books 
 which the keeper of the business is required to keep. 
 
 A person carrying on the business unregistered or con- 
 traveniDg the section, or any bye-law made under it, is liable to 
 a penalty of 5/. and a daily penalty of 40s., and the Court may 
 order the suspension or cancellation of the registration. A 
 person carrying on the business while the registration has been 
 suspended is liable to the same penalties. 
 
 The council must give public notice of the provisions of this 
 section by advertisement in two newspapers circulating in the 
 district, and by handbills, &c. (S. 85, P. H. Act, 1907.) 
 
 N.B. —Thia section is only in force in districts to which it or 
 Part VII. of the P. H. Act, 1907, has been applied by order of 
 a Secretary of State. The bye-laws made under it must be 
 
254 DISTRICT COUNCILS. 
 
 submitted for confirmation to a Secretary of State. (S. 9, P. H. 
 Act, 1907.) 
 
 A person carrying on business as a dealer in old metal or as a 
 marine store dealer must register his name, place of abode, 
 every place of business, and every warehouse, store, and place of 
 deposit occupied or used by him for the purpose of the business, 
 in a book to be kept for the purpose at the oiBces of the district 
 council. 
 
 A person carrying on such a business must correctly enter in 
 a book to be kept by him for the purpose, the description and 
 price of all articles purchased or otherwise acquired by him, and 
 the name, address, and occupation of the person from whom he 
 purchased or acquired the articles. 
 
 A person carrying on such business unregistered, or without 
 keeping such book and making such entries, is liable to a penalty 
 of 5/. and a daily penalty of 40s. 
 
 An officer of the council, or other person duly authorized in 
 writing by the council, can at all reasonable times enter any 
 such place of business, &c. to inspect it and the books required 
 to be kept. There is a penalty of 5/. for obstructing or hindering 
 an officer. 
 
 The council must give notice of the provisions of this section 
 in the same manner as is required by s. 85, supra. (S. 86, P. H. 
 Act, 1907.) 
 
 If.B. — This section is only in force in districts to which it or 
 Part VII., P. H. Act, 1907, has been applied by order of a 
 Secretary of State. 
 
 See p. 193 as to the registration of common lodging-house 
 keepers, and p. 261 as to registration of purveyors of milk. 
 
 Lighting. 
 
 An urban council (and a rural council if so empowered by the 
 L. G. B.) may contract with any person for the supply of gas, 
 or other means of lighting the streets, markets, and public 
 buildings in their district. The council may provide the 
 necessary lamps, lamp-posts, and other apparatus. 
 
 If there is no company authorized by Act of Parliament 
 supplying gas in their district or any part of it, the district 
 
LIGHTING. 255 
 
 council can themselves undertake to supply gas. A district 
 council must not compete with a gas company within the com- 
 pany's limits of supply. 
 
 For this purpose, the district council must obtain a Provisional 
 Order of the L. G. B., to be confirmed by Parliament. 
 
 In applying for a Provisional Order the regulations of the 
 L. G. B. made September 7th, 1891, under the Gas and Water- 
 works Facilities Acts, 1870 and 1873, must be observed. (S. 161, 
 P. H. Act, 1875.) 
 
 Or the district council, with the sanction of the L. G. B., can 
 purchase the undertaking of a gas company in the district, if the 
 company is willing to sell, on such terms as may be agreed upon 
 between them. (S. 162, P. H. Act, 1875.) 
 
 In rural districts the parish lias the exclusive right of adopting 
 the Lighting and Watching Act, 1833 ; but when any place 
 in which the Lighting and Watching Act, 1833, has been 
 adopted becomes included in an urban district, or if a rural 
 district council are invested by L. G. B, Order with power to 
 supply their district under s, 161, supra, the 1833 Act becomes 
 superseded and all lamps, posts, pipes, fire-engines and hose, 
 and other property vested in the parochial authority under that 
 Act, vest in the district council. (S. 163, P. H. Act, 1875.) 
 
 A district council can apply to the Board of Trade for a 
 license to supply electricity in their district for any public 
 {e.g., street lighting) or private purposes. 
 
 Or, again, they may proceed by Private Bill, or they may be 
 authorized to supply electricity by Provisional Order of the 
 Board of Trade. This order must be confirmed by Act of 
 Parliament before it becomes of any effect. (Electric Lighting 
 Acts, 1882 and 1899.) 
 
 The district coimcil in whose area an electric lighting com- 
 pany has been established by a Provisional Order or by special 
 Act can purchase the undertaking after the expiration of forty- 
 two years, or after such other or shorter periods as are specified 
 in the Provisional Order or special Act. 
 
 The council have compulsory powers of purchase. They must 
 pay the then value of the undertaking, including the lands, 
 buildings, and plant. In case of disagreement as to the amount, 
 it must be settled by arbitration. In determining the amount 
 
206 DISTRICT COUNCILS. 
 
 payable no calculation is to be made for good- will, or on account 
 of the sale being compulsory, or for any prospective profits. 
 
 The Board of Trade may fix the date from which the pur- 
 chase is to take effect, and may determine various questions 
 arising out of the purchase of the undertaking. (Electric 
 Lighting Act, 1888.) 
 
 A district council are given powers by s. 150, P. H. Act, 
 1875, and by s. 6, Private Street Works Act, 1892, for ensuring 
 that private streets in their district shall be lighted to their 
 satisfaction. 
 
 S. 161, P. H. Act, 1875, enables an urban council to light 
 the roads in the district, and the district council, or, in a rural 
 district where the 1833 Lighting Act has been adopted, the 
 parish council are the authority, and not the County Council, 
 for lighting the main roads. (S. 11, sub-s. 11, L. Gr. Act, 1888.) 
 
 Markets and Fairs. 
 
 An urban district council can establish a market in their 
 district if a resolution in favour of it is passed at a meeting of 
 the ratepayers and owners of the district. (S. 166, P. H. 
 Act, 1875.) 
 
 This meeting must be held in accordance with the provisions 
 of Schedule III., P. H. Act, 1875 :— 
 
 The chairman of the council must summon the meeting on 
 the requisition of twenty ratepayers or owners in the district. 
 
 The persons making the requisition may be required to give 
 security for payment, in the event of the resolution not being 
 passed, of the cost incurred in relation to the meeting or the 
 poll following on it. The amount of this security and the cost 
 may be agreed upon between the twenty and the summoning 
 officer {i.e., the Chairman), or in case of dispute settled by 
 a Court of summary jurisdiction. 
 
 The summoning officer, on the requisition being made, must 
 fix a time and place for the meeting, and must give notice of it 
 by advertisements in the local newspapers and by notices affixed 
 to the principal doors of the churches and chapels in the 
 district. 
 
 The summoning officer will preside at the meeting unless 
 
MARKETS AND FAIRS. 257 
 
 unable or unwilling to do so ; in which case the meeting wiU 
 choose a chairman. 
 
 The chairman must propose the resolution, and the meeting 
 will then decide for or against it. But if any owner or rate- 
 payer demands a poll, a poll must be taken ; and the summon- 
 ing officer will be the returning officer for the purposes of this 
 poU. 
 
 If no poU is demanded, or the demand for it is withdrawn, 
 a declaration by the chairman wiU, in the absence of proof to 
 the contrary, be sufficient evidence of the meeting's decision. 
 
 A person who '* seconds " a demand for a poll " demands 
 a poll," and a poll must be held even though the original 
 demand has been withdrawn after the meeting. {E. v. Dover 
 Corporation, (1903) 1 K. B. 668; 72 L. J. K. B. 210.) 
 Darling, J., expressed the opinion that a demand for a poll can- 
 not be withdi'awn after the meeting has come to an end. 
 
 The summoning officer must send a copy (signed by him) of 
 the resolution which has been passed to the L. G. B. ; and for 
 three successive weeks he must have a copy of the resolution 
 published by means of advertisements in the local newspapers 
 and notices on the church and chapel doors. 
 
 When a resolution has been passed, all costs incurred in 
 connection with it by the summoning officer will be paid out of 
 the general district rate. (Schedule III., P. H. Act, 1875.) 
 
 For the purpose of establishing a market the council may 
 provide a market place, and construct a market house and all 
 other conveniences necessary for holding a market ; make 
 convenient approaches to the market ; purchase or take on 
 lease land, and public and private rights in markets and tolls ; 
 and may take stallages, rents, and tolls in respect of the use 
 of the market. 
 
 But a council cannot establish a rival market so as to interfere 
 with the rights and privileges of any other person having a 
 market in the district without his consent. (S. 166, P. H. 
 Act, 1875.) 
 
 A market company has power to sell its undertaking to the 
 district council. (S. 168, P. H. Act, 1875.) 
 
 When a district council establish a market under s. 166, 
 supra, certain provisions of the Markets and Fairs Clauses Act, 
 
 c. s 
 
258 DISTRICT COUNCILS. 
 
 1847, are incorporated with this P. H. Act, 1875, to enahle 
 the council to regulate the market. These provisions are as 
 follows : — 
 
 (i) With respect to the holding of the market. 
 
 At least ten days' notice of the opening of the market must 
 be given by the council by advertisements in the local papers 
 and by posters before the market is opened. 
 
 After the market is opened, persons, other than licensed 
 hawkers, who sell or expose for sale in any place except their 
 own dwelling-place or shop withia the district, articles in 
 respect of which tolls are levied in the market, are liable to 
 a 40s. penalty. 
 
 ]}f.B. — A licensed hawker does not incur this penalty for 
 selling goods for which a license is not required by the Hawkers 
 Act, 1888, i.e., fish, fruit, victuals, and coals, even though tolls 
 are levied on those goods in the local market. (Llandudno 
 U. D. C. V. JIughes, (1900) 1 Q. B. 472 ; 69 L. J. Q. B. 303.) 
 
 The council can prescribe on what days the market shall be 
 held, and may by bye-laws appoint other market days. 
 
 There are penalties for exposing for sale in the market 
 unwholesome meat or provisions and for obstructing a market 
 keeper. (Ss. 12 — 16, Markets and Fairs Clauses Act, 1847.) 
 
 (ii) With respect to weighing goods and carts. 
 
 Weighing-houses and machines for the weighing and 
 measuring of commodities sold in the market, and for weighing 
 carts laden with goods must be provided by the council. And 
 persons must be appointed to attend to the weighing at all 
 times during which the market is held. 
 
 There are penalties for frauds in connection with the weighing 
 by the buyer, seller, or person in charge of the weighing- 
 machine. 
 
 The "Weighing of Cattle Acts, 1887 and 1891, require every 
 market authority, unless exempted by order of the Board of 
 Agriculture, to provide in a market where tolls are levied on 
 the cattle brought there a machine and accommodation for 
 Aveighing cattle. " Cattle " includes sheep and swine. The 
 order of exemption may be obtained on the Board being 
 
MARKETS AND FAIRS. 259 
 
 satisfied that the sale of cattle at the market is small. (Ss. 21 — 
 30, Markets and Fairs Clauses Act, 1847.) 
 
 (iii) TFith respect to stallages, rents and tolls. 
 
 These charges must not be demanded before the market is 
 completed and fit for use ; and a certificate of two justices is to 
 be conclusive evidence of the completion of the market. 
 
 Lists of the tolls, &c. are to be painted or printed on boards 
 set up in the market place. 
 
 The council can alter these charges from time to time. Any 
 dispute as to a charge is to be settled by a justice. 
 
 Stallages, rents and tolls must be paid on demand to the 
 person appointed by the council to receive them. 
 
 Tolls for weighing or measuring goods or carts are to be paid 
 at the time of weighing. 
 
 Tolls in respect of a cattle market become due when the cattle 
 are brought into the market place and before they are penned 
 or tied up there. If cattle are not removed within one hour 
 after the close of the market another toll can be levied for them. 
 (Ss. 31 — 41, Markets and Fairs Clauses Act, 1847.) 
 
 N.B. — All tolls levied by a district council as the market 
 authority must be approved by the L. Gr. B. (S. 167, P. H. 
 Act, 1875.) 
 
 " Stallage " is a sum payable by a person to the owner of the 
 market for the exclusive occupation by him of a portion of the 
 soil of the market-place by means of a stall, table or chair there. 
 But baskets capable of being moved about cannot be charged 
 with stallage. {A.-G. v. Tynemouth Corporation (1900), 17 
 T. L. R. 77.) In this case the corporation established a fish 
 market on some quays built by them. Berths were allotted 
 to the fishing-boats as they came in, and their owners were 
 given 8j)aces on the quay on which to spread their fish. The 
 corporation proposed to license fish-salesmen and to charge for 
 the license. The L. G. B. refused to approve of this charge as 
 a " toll." It was held that the charge could not be justified as 
 a " rent," because anyone was at liberty to go on to the quay 
 and sell fish ; nor as " stallage," because the fish-salesman 
 occupied no portion of the market so as to render them liable 
 for this charge. 
 
 82 
 
260 ' DISTRICT COUNCILS. 
 
 The council can make bye-laws to regulate a market belonging 
 to them for any of the purposes mentioned in s. 42, Markets 
 and Fairs Clauses Act, 1847. These include — for regulating 
 the use of the market-place and the buildings, stalls, pens, &c., 
 and for preventing nuisances and obstructions in the market or 
 its immediate approaches ; for fixing the days and the hours 
 each day on which the market is held ; for fixing the rates for 
 canying articles from the market ; for regulating the use of the 
 weighing machines ; and for preventing the sale or exposure 
 for sale of unwholesome provisions. 
 
 Copies of the bye-laws must be conspicuously exhibited in the 
 market. The approval of the L. G. B. will be necessary before 
 they come into force (Confirmation of Bye-laws Act, 1884), and 
 the council may from time to time alter and repeal them. 
 (S. 167, P. H. Act, 1875.) 
 
 The Board of Agriculture's Markets and Sales Order, 1903, 
 requires that market-places, pens, hiu'dles and fittings used for 
 sales of cattle must be effectually cleaned and disinfected as 
 soon as practicable after the close of the market ; and that all 
 sweepings should be mixed with quicklime and removed from 
 contact with animals. 
 
 S. 27, Local Government Act, 1894, transfers to the district 
 council the duties and powers of justices in relation to the 
 abolition of fairs under the Fairs Act, 1871, and the alteration 
 or abridgment of fair days under the Fairs Act, 1873. 
 
 The Home Secretary, on the representation of a district 
 council and with the consent of the owner (if any) of the fair, 
 can order it to be abolished ; and on the representation of the 
 district council or of the owner of the fair that it would be for 
 the convenience or to the advantage of the public that the fair 
 days should be altered or abridged, can make an order to that 
 effect. 
 
 In both cases notice of the representation to the Home 
 Secretary must be published once in the London Gazette and in 
 three successive weeks in a local newspaper. And after the 
 order has been made, notice of it must be published in the 
 London Gazette and once in a local newspaper. 
 
 In the case of the owner of the fair applying for an altera- 
 tion of the fair days, he must give notice in writing of his 
 
MILK SUPPLY. 261 
 
 representation to the Home Secretary to the clerk of the district 
 council. 
 
 " Owner " means any person or persons entitled to hold a fair 
 by any authority whatever, whether in respect of ownership of 
 lands, or by charter, or otherwise. (Fairs Acts, 1871 and 1873.) 
 
 Milk Supply. 
 
 The Dairies, Cowsheds and Milkshops Order, 1885, gives 
 district councils a control over the milk supply of their district. 
 This Order was made under s. 34, Contagious Diseases (Animals) 
 Act, 1878. Its provisions are to the following effect : — 
 
 A person must not carry on the trade of a cowkeeper, dairy- 
 man or purveyor of milk unless he is registered by the local 
 authority. 
 
 But a person who makes butter and cheese and does not sell 
 milk need not be registered, nor need a person who sells milk 
 of his own cows in small quantities to his workmen or neigh- 
 bours for their accommodation. 
 
 The council must fi-om time to time give notice by means of 
 placards or by advertising in the local newspaper that registra- 
 tion is necessary and of the mode of registration. (Art. 6.) 
 
 Before occupying a new dairy {i.e., one not in existence in 
 1885), a person must give one month's notice to the district 
 council of his intention, and he must provide, to their reason- 
 able satisfaction, for the ventilation (including air space), 
 lighting, drainage and water supply of the place. (Art. 7.) 
 
 A building must not be occupied as a dairy if the ventilation, 
 cleansing arrangements, &c. are not proper for the health of the 
 cattle, the cleanliness of the milk vessels, and for protecting 
 milk from infection or contamination. (Art. 8.) 
 
 A person who is suffering from an infectious disease, or who 
 has recently been in contact with a patient, must not milk cows 
 nor handle milk vessels, nor in any way take part in the 
 business as far as regards the production, distribution or storage 
 of milk. (Ai-t. 9.) 
 
 A person, on receipt of a month's notice in writing from the 
 council, must not allow a privy, cesspool or urinal to commu- 
 nicate directly with or to ventilate into a dairy. (Art. 10.) 
 
262 DISTRICT COUNCILS. 
 
 A dairy must not be used as a sleeping apartment, or for any 
 other purpose incompatible with cleanliness, or which is likely 
 to contaminate the milk. (Art. 11.) 
 
 Pigs must not be kept in a shed used for cows, or in any 
 place where milk is kept. (Art. 12.) 
 
 Under Article 13 the district council may (it is optional) 
 make regulations — 
 
 (a) for the inspection of cattle in dairies ; 
 
 (b) for prescribing and regulating the lighting, ventilation, 
 
 drainage and cleansing arrangements of dairies and 
 cow-sheds occupied by persons who are required to be 
 registered by Article 6, supra ; 
 
 (c) for securing the cleanliness of milk-shops and vessels used 
 
 for containing milk for sale ; 
 
 (d) for prescribing precautions to be taken by pm'veyors of 
 
 milk against infection and contamination. (Art. 13.) 
 
 N.B. — Model regulations were framed by the L. Gr. B., and 
 published in the London Gazette, 10th February, 1899. 
 
 A copy of the regulations made by the council must be sent 
 to the L. G. B. one month before they are to come into 
 operation. (Art. 14.) 
 
 The council can revoke their regulations. (Art. 16.) 
 
 When making regulations the council can impose by them 
 penalties for breach of the regulations, which penalties can be 
 recovered summarily by the council from the offender. (S. 9, 
 Contagious Diseases (Animals) Act, 1886.) 
 
 When disease exists among the cattle, milk from a diseased 
 cow must not — (a) be mixed with other milk ; or (b) be sold or 
 used for human food ; or (c) without being boiled, be fed to 
 pigs or other animals, or sold for that purpose. (Art. 15.) 
 
 The prohibitions contained in (a) and (b) also apply to the 
 milk from a cow which a veterinary surgeon has certified to be 
 suffering from tubercular disease of the udder. (Order of 1899.) 
 
 A person guilty of an offence against the 1885 Order is liable 
 to a penalty of 5/., and to a daily penalty of 40s. for every day 
 the offence continues after he has received notice in writing of 
 the offence from the district council. (Art. 3, Order of 1886.) 
 
 See Infectious Disease (p. 237) fui-ther as to precautions 
 for preventing infection from milk. 
 
NOTIFICATION OF BIRTHS. 263 
 
 Notification of Births. 
 
 In districts where the Notification of Births Act, 1907, is in 
 force, the following provisions apply : — 
 
 The father of every child born in the district, if he is actually 
 residing in the house where the birth takes place at the time of 
 its occurrence, and any other person in attendance upon the 
 mother at the time of the birth, or within six hours after it, 
 must give notice in writing to the medical officer of the district. 
 If, however, the County Council have adopted the Act for any 
 district in the county, this notice must be given to the county 
 medical officer. 
 
 The notice must be by means of a prepaid letter or postcard, 
 addressed to the medical officer at his office or residence, or must 
 be by means of a written intimation delivered at his office or 
 residence ; and the notice must be given to him within thirty- 
 six hours of the birth. 
 
 There is a penalty of 206'. for non-compliance with the 
 provisions of the Act. 
 
 The council must furnish, free of charge, to any medical 
 practitioners and midwives residing or practising in the district 
 who apply for the same, addressed and stamped postcards 
 containing the form of the notice. 
 
 A rural district council's expenses under the Act are "general" 
 expenses. 
 
 The Act can be adopted by a County Council for the whole 
 of the county or for any county district, or by an urban or 
 rural district council. When the Act has been adopted by the 
 County Council for a district, the district council can apply, or 
 when the Act has been adopted by a district council, the County 
 Council can apply, to the L. G. B., to be made the local authority 
 for administering the Act in the district. 
 
 The L. G. B. can also, by Order, declare the Act to be in force 
 in any area or district where it has not been adopted. 
 
 The adoption of the Act must be by resolution to be passed at 
 a meeting of the council. One month's notice of the meeting, 
 and of the proposed resolution, must be given to every member. 
 The resolution, when passed, must be advertised in the local 
 newspapers circulating in the district. A copy of the resolution 
 
264 DISTRICT COUNCILS. 
 
 must be sent to the L. G. B., and the resolution will he of no 
 effect until the L. Gr. B.'s consent to it has been given. When 
 this consent has been obtained, the council must give notice of 
 the provisions of the Act to the medical practitioners and 
 midwives in the district. The Act will come into force at such 
 time, not less than one month after first advertisement, as the 
 L. G. B. fixes. 
 
 Nuisances. 
 Nuisances defined. 
 
 S. 91, P. H. Act, 1875, defines a number of nuisances which 
 may be dealt with as such in the manner pro\dded by the Act. 
 The following things are to be deemed nuisances : — 
 
 Premises which are in such a state as to be a nuisance or 
 injurious to health. 
 
 N.B. — A smell from a manufactory which, though it does 
 not affect persons in good health, causes those who are ill to 
 become worse, is a nuisance. {Malton L. B. v. Malton Manure 
 Co. (1879), 4 Ex. D. 302 ; 49 L. J. M. C. 90.) 
 
 A house in a filthy condition may also be dealt with under 
 s. 46, P. H. Act, 1875. This section provides that if, on the 
 certificate of the medical officer, or of any two medical practi- 
 tioners, it appears to the district council that a house is in such 
 a filthy condition as to be dangerous to health, or that white- 
 washing or cleansing would tend to prevent infectious disease, 
 the council can give notice in writing to the owner or occupier 
 to whitewash or cleanse it. If he makes default, he becomes 
 liable to a daily penalty of 10s., and the council can do the 
 work and recover the expense summarily from the defaulter. 
 (S. 46, P. H. Act, 1875.) 
 
 In proceedings for the abatement of a nuisance, if the Court 
 is of opinion that a house is unfit for human habitation owing 
 to the nuisance, it may order that the house be not inhabited 
 until made fit for that purpose. When the required work has 
 been done, the Court may determine its former order and make 
 an order declaring the house to be habitable. (S. 97, P. H. 
 Act, 1875.) 
 
 A pool, ditch, gutter, privy, urinal, cesspool, drain or ashpit 
 
NUISANCES. 265 
 
 which is in such a state as to be a nuisance or injurious to 
 health. 
 
 S. 47, P. H. Act, 1875, makes provision with regard to 
 sanitary matters of a like nature. It provides that if a person 
 in an urban district — (a) allows stagnant water to remain in the 
 cellar or other place in his house for twentj-four hours after 
 receiving written notice from the council to remove it; or 
 (b) allows the contents of a privy or cesspool to overflow or soak 
 therefrom, he will be liable to a penalty of 40s. and a daily 
 penalty of 5s. while the offence continues, and the council can 
 abate the nuisance and recover their expenses summarily from 
 the occupier of the premises. (S. 47, P. H. Act, 1875.) 
 
 When there is an offensive ditch on the boundary of two 
 adjoining districts, either council can summon the other before 
 a Court of summary jurisdiction, which can make an order as to 
 which of the two are to cleanse the ditch, and what must be 
 done to keep it clean. (S. 48, P. H. Act, 1875.) 
 
 An animal so kept as to be a nuisance or injurious to health. 
 
 I^.B. — An offensive smell from a pig-sty, though nobody's 
 health may be injured thereby, is a nuisance. {Banbury 
 U. 8. A. V. Page (1881), 8 Q. B. D. 97 ; 51 L. J. M. C. 21.) 
 
 A person who in an urban district keeps swine or a pig-sty 
 in a dwelling-house, or so as to be a nuisance, can also be pro- 
 ceeded against under s. 47, P. H. Act, 1875. The offender is 
 liable to the penalties prescribed by the section, and the district 
 council can abate the nuisance. 
 
 An accumulation or deposit which is a nuisance or injurious 
 to health. But no penalty is to be imposed when such accumu- 
 lation is necessary for the carrying on of any business, and the 
 Court before which proceedings are taken is satisfied that the 
 accumulation has not been kept longer than is necessary for 
 the purposes of the business, and that the best means available 
 have been taken to prevent injury to the public health. 
 
 Ss. 49 and 50, P. H. Act, 1875, make further provision, 
 in respect of urban districts, for the removal of filth and for the 
 periodical removal of manure from mews : — 
 
 If an accumulation of filth or manure appears to the sanitary 
 inspector to be a nuisance, he can give notice to the owner of it 
 or to the occupier of the premises where it is deposited, to 
 remove it within twenty-four hours. If the notice is not com- 
 
266 DISTRICT COUNCILS. 
 
 plied with, the council can have the accumulation removed and 
 sold. Any surplus after deducting their expenses from the 
 price realized must be handed to the owner by the council, and 
 any deficit can be recovered from him summarily. (S. 49, 
 P. H. Act, 1875.) 
 
 An urban council can give notice by placards or other forms 
 of announcement requiring the periodical removal of manure 
 from mews and stables. A person who fails to remove it at 
 the intervals specified in the notice is liable, without further 
 notice, to a penalty of 20s. for each day he allows the manure 
 to accumulate. (S. 50, P. H. Act, 1875.) 
 
 A house or room so overcrowded as to be dangerous or 
 K^ injurious to the health of the inmates, whether or not they are 
 members of the same family. 
 
 H.B. — " House " includes a night-shelter {R. v. Mead 
 (1805), 64 L. J. M. 0. 169) ; also a day school. {Wimbledon 
 U. D. C. v. Hastings (1902), 87 L. T. 118.) 
 
 A ship, except a vessel of the Eoyal Navy or a foreign ship, 
 lying in a river or harbour within the district of the local 
 authority, is to be deemed to be a " house." (S. 110, P. H. 
 Act, 1875.) 
 
 Where there have been two convictions in three months 
 against the provisions of any Act relating to overcrowding 
 (whether the persons convicted are the same or not), a Court of 
 summary jurisdiction can, on the application of the council, 
 order that house to be closed for such period as the Court deems 
 proper. (S. 109, P. H. Act, 1875.) 
 
 A factory (this section only applies to a " domestic " factory, 
 as defined by the Factories Act, 1901, p. 109), a workshop, or 
 workplace (see p. 109) not kept in a clean state, or which is 
 overcrowded, or which is not properly ventilated so as to render 
 harmless the manufacturing vapours and other impurities. 
 
 N.B. — A workshop is to be deemed to be overcrowded so as 
 to be dangerous or injurious to the health of the persons 
 employed therein if there is less than 250 cubic feet of space 
 for every person employed in each room, or, during a period of 
 overtime, 400 cubic feet of space. The Secretary of State may 
 modify these proportions of air-space to employees. (S. 3, 
 Factory Act, 1901.) 
 
 A fire-place or furnace used for working engines by steam, or 
 
NUISANCES. 267 
 
 in a mill, brewery, gas works, or in any manufacturing or trade 
 process, which does not as far as practicable consume its own 
 smoke ; and a chimney (not of a private dwelling-house) which 
 emits black smoke in quantities so as to be a nuisance. 
 
 The Court may, however, dismiss the summons if satisfied 
 that the furnace has been properly constructed and carefully 
 attended to by the person in charge of it. (S. 91, P. H, 
 Act, 1875.) 
 
 JV.B. — It is the duty of the district council to enforce any 
 Act in force within the district requiring furnaces to consume 
 their own smoke. (S. 92, P. H. Act, 1875.) 
 
 A tent, van, shed, or similar structure used for human habita- 
 tion which is in such a state as to be a nuisance or injurious to 
 health, or which is so overcrowded as to be injurious to the 
 health of the inmates, is to be deemed a nuisance under s. 91, 
 P. H. Act, 1875. (S. 9, Housing Act, 1885.) The district 
 council can make bye-laws for the proper cleanliness of these 
 structures and generally to prevent nuisances in connection 
 with them. An officer of the council duly authorized for the 
 purpose can enter these structures if he has reason to believe 
 a nuisance exists or that there is therein a person suffering from 
 infectious disease. There is a 40.s'. penalty for obstructing the 
 officer. (S. 9, ibid.) 
 
 S. 35 of Part III., P. H. Act, 1907, defines other things 
 which are to be deemed nuisances within the meaning of the 
 P. H. Act, 1875. These are the three following : — 
 
 Any cistern used for the supply of water for domestic pur- 
 poses so placed, constructed, or kept as to render the water 
 therein liable to contamination causing or likely to cause risk 
 to health. 
 
 Any gutter, drain, shoot, stack-pipe, or down-spout of a 
 building which, by reason of its insufficiency or its defective 
 condition, causes damp in the building or in an adjoining 
 building. 
 
 Any deposit of material in or on a building or land which 
 causes damp in the building or in an adjoining building so 
 as to be dangerous or injurious to health. (S. 35, P. H. Act, 
 1907.) 
 
 N.B. — This 8. 35 is only in force in districts to which it or 
 the whole of Part III. has been applied by L. Q-. B. Order. 
 
268 DISTRICT COUNCILS. 
 
 An unfenced quarry, chalk-pit, or sand-pit within fifty yards 
 of a highway or other place of public resort dedicated to the 
 public may be dealt with as a nuisance under the P. H. Act, 
 1875. (Quarry Act, 1887.) 
 
 If a barbed wire fence adjoining a highway is a nuisance, i.e., 
 if it may probably be injurious to persons or animals lawfully 
 using the highway, the district council can serve notice in 
 Avriting on the occupier of the land on which the fence is to 
 abate the nuisance within the time specified in the notice. This 
 time must not be less than one month or more than six months 
 after the date of the notice. 
 
 If the* notice is not complied with, the council can apply to 
 a Court of summary jurisdiction, which, on being satisfied that 
 the fence is a nuisance, can make an order for its abatement. 
 If this order is not obeyed, the council can do whatever is 
 necessary in execution of the order, and recover their expenses 
 from the defaulter. 
 
 Where the district council are the occupiers of the land, any 
 ratepayer can proceed under this Act, and the notice to abate 
 the nuisance must be served on the clerk to the council. 
 
 The council's expenses incurred in the execution of this Act 
 are to be defrayed in the same manner as highway expenses. 
 (Barbed Wire Act, 1893.) 
 
 Abatement of Nuisances. 
 
 It is the duty of a district council to cause their district to be 
 inspected from time to time to ascertain what nuisances exist 
 and require abatement, and to enforce the provisions of the 
 P. H. Act, 1875, in order to abate them. (S. 92, P. H. Act, 
 1875.) The L. Gr. B., if satisfied that a council have neglected 
 their duty with regard to a nuisance, may authorize a police 
 ofiBcer in the district to take the necessary proceedings under 
 the Act; but this officer must not enter a person's house 
 without leave, or without a justice's warrant. (S. 106, P. H. 
 Act, 1875.) 
 
 Information of a nuisance can be given to the council by any 
 person aggrieved by it, or by two inhabitant householders, or 
 by one of the council's officers, or by the relieving officer, or by 
 any police officer of the district. (S. 93, P. H. Act, 1875.) 
 
 On receiving information of a nuisance, the council must, if 
 
NUISANCES. 269 
 
 satisfied of its existence, serve a notice on the person responsible 
 for it, requiring him to abate the nuisance, and to do such 
 works as may be necessary within a specified time. (S. 94, 
 P. H. Act, 1875.) 
 
 iV.-B. — A notice to abate which does not specify what must 
 be done to abate the nuisance, when no works are required for 
 that purpose, is a valid notice. In the case of a notice to abate 
 a smoke nuisance, " there is no more need of specifying on the 
 notice the work to be done to abate this nuisance than there 
 would be in specifying the means to be taken to remove a pig 
 if it were a nuisance." (Lawrance, J., Millard v. Wastall, 
 (1898) L Q. B. 342 ; 67 L. J. Q. B. 277.) 
 
 When the nuisance arises from any structural defect, or when 
 there is no occupier of the premises, notice to abate must be 
 served on the owner. (S. 94, P. H. Act, 1875. See also p. 324 
 as to the powers given to the district council on receipt of 
 complaint that a drain, &c. is a nuisance.) When, however, 
 the person causing the nuisance cannot be found, and it is clear 
 to the council that it is not due to any act or sufferance of the 
 owner or occupier, the council can abate the nuisance without 
 any further order. (S. 94, P. H. Act, 1875.) 
 
 If the notice to abate the nuisance is not complied with, or it 
 appears to the council that the nuisance, though abated, is likely 
 to recur, complaint may be laid before a justice, and the person 
 on whom the notice was served may be summoned to appear 
 before the Court. The Court, if satisfied that the nuisance 
 exists or is likely to recur, can make an order directing what 
 work must be done to abate the nuisance or to prevent its 
 recurrence. And, further, the Court can impose a penalty of 
 51. and direct the person on whom the order is made to pay the 
 costs incurred up to the time of the hearing and the making of 
 the order. (S. 96, P. H. Act, 1875.) 
 
 N.B. — Any works which the justices direct shall be done 
 must be specified in their order. {R. v. Wheatley (1885), 
 16 Q. B. D. 34.) The order must be in writing, and must be 
 signed by at least two justices present at the hearing of the 
 summons. {Wing v. Epsom U. D. C, (1904) I K. B. 798; 
 73 L. J. K. B. 389.) 
 
 It is no answer to proceedings on account of non-compliance 
 
270 DISTRICT COUNCILS. 
 
 "witli a notice to abate that a pipe or drain (the subject of the 
 notice) is a " sewer," and therefore repairable by the district 
 council. But the person served with the notice in such a case 
 could recover fi'om the council the expenses he incurred in 
 complying with the notice, if able to show that the drain was 
 in fact a sower. {Wincanton R. D. C. v. Parsons, (1905) 
 2 K. B. 34 ; 74 L. J. K. B. 533.) 
 
 If the person by whose act or default the nuisance arises, or 
 if the owner or occupier of the premises, cannot be found, the 
 Court may direct its order to the council, who must then do the 
 necessary works. (S. 100, P. H. Act, 1875.) 
 
 A person neglecting to obey the Court's order to comply with 
 an abatement notice is liable to a penalty of 10«. for each day 
 he makes default. A person who wilfully contravenes an order 
 of prohibition made by the Court is liable to a penalty of 20s. 
 a day during such contrary action ; moreover, the council can 
 enter his premises, abate the nuisance, and recover their expenses 
 summarily from the offender. (S. 98, P. H. Act, 1875.) 
 
 There is an appeal to Quarter Sessions against the justices' 
 order, and pending the determination of the appeal no pro- 
 ceedings must be taken against the appellant, and no work done 
 in pursuance of the order. (S. 99, P. H, Act, 1875.) 
 
 Anything removed by the council in abating a nuisance can 
 be sold by them at public auction, and the council can deduct 
 their expenses from the proceeds of the sale, handing over any 
 surplus to the owner if he so demands. (S. 101, P. H. Act, 
 1875.) 
 
 All reasonable costs and expenses incurred in laying a com- 
 plaint, or giving notice to abate, or in obtaining an order in 
 relation to a nuisance, or in carrying out that order, can be 
 recovered summarily, together with any penalties, from the 
 person on whom the order is made. 
 
 Any costs recoverable by the council from the " owner " of 
 the premises can be recovered by them from the " occupier " for 
 the time being ; but an occupier is not to be required to pay 
 any sum beyond a sum equal to the amount of rent due from 
 him to the owner. The burden of proving that the sum 
 demanded by the council exceeds the amount due for rent from 
 
NUISANCES. 271 
 
 him to the owner is on the occupier. (S. 104, P. H. Act, 
 1875.) 
 
 When a nuisance within the district arises outside the district 
 the council can take proceedings for its abatement before a 
 Court having jurisdiction in the place where the nuisance arises. 
 (S. 108, P. H. Act, 1875.) ■ 
 
 If the council consider that summary proceedings would not 
 afford an adequate remedy, they can take proceedings to abate 
 a nuisance in a superior Court (s. 107, P. H. Act, 1875), e.g.^ 
 they can bring an action for an injunction. But in such a case 
 the Attorney-General's sanction is required, and the action must 
 be brought in the name of the Attorney- General with the 
 council as relators. {Tottenham U. D. C. v. Willimmon, (1896) 
 2 Q. B. 353 ; 65 L. J. Q. B. 591.) 
 
 The council's officers can enter premises for the purpose of 
 examining a nuisance there at any time between the hours of 
 9 a.m. and 6 p.m. ; or, in the case of a nuisance arising out of 
 any business, at any time when the business is in progress. 
 They must be admitted from time to time when an abatement 
 order has been made by the Court in respect of the premises, 
 and also when this order has not been complied with. (S. 102, 
 P. H. Act, 1875.) 
 
 The council or their officers have no right, however, to enter 
 premises without first obtaining the leave of the owner or 
 occupier of the premises. {Comett U. D. C. v. Crawford, (1903) 
 2K. B. 183; 72 L. J. K. B. 571.) 
 
 If admission is refused, the officer of the council, after giving 
 reasonable notice of his intention to the owner or occupier, can 
 make a complaint on oath before a justice, who may then make 
 an order for the officer's admission to the premises. This order 
 remains in force until the nuisance has been abated. (S. 102, 
 P. H. Act, 1875.) A justice has a discretion in making this 
 order : he is entitled to be satisfied by evidence that the object 
 for which an entry to the premises is required is one that comes 
 within the nuisances defined by s. 91, P. II. Act, 1875 (see 
 supra). {Wimbledon U. D. C. v. Hastings (1902), 87 L. T. 
 118.) 
 
 There is a 5/. penalty for disobeying a justice's order for 
 admission. (S. 103. P. H. Act, 1875.) 
 
272 DISTRICT COUNCILS. 
 
 Bye-Laws for Prevention of Nuisances. 
 
 An urban council can make bye-laws for the prevention of 
 nuisances ai'ising from snow, filth, dust, ashes and rubbish. 
 (S. 44, P. H. Act, 1875.) 
 
 An urban council can make bye-laws for the prevention of 
 the keeping of animals on any premises so as to be injurious to 
 health. (S. 44, P. H. Act, 1875.) 
 
 If.B. — A rural council can be invested by the L. G. B. with 
 the powers given by this section. 
 
 A bye-law made by a rural authority prohibiting the keeping 
 of swine within the distance of fifty feet from a dwelling-house 
 was held to be bad as being unreasonable. 
 
 " It seems to me unreasonable to say that in country districts 
 nobody shall keep a pig within fifty feet of his dwelling-house." 
 {Per Lord Coleridge, IJeap v. Burnley Rural Sanitary Authority 
 (1884), 12 Q. B. D. 617 ; 53 L. J. M. C. 76.) On the other 
 hand, a bye-law made by an urban authority prohibiting the 
 keeping of swine within 100 feet of a dwelling-house was held 
 to be a reasonable and valid bye-law. " Such a rule may be 
 most reasonable in a populous place." {Per Lord Blackburn, 
 WansteaclL. B. v. Woostcr (1873), 38 J. P. 21.) 
 
 A district council, in districts where s. 26, sub-s. 1, of 
 Part III., P. H. Act, 1890, has been adopted, can make bye- 
 laws prescribing the times for the carriage through the streets 
 of any fsecal or offensive matter or liquid, whether it is in 
 course of transit from within or without the district ; also for 
 providing that the vessel or cart used shall be so constructed 
 and covered as to prevent the escape of the stuff ; and, further, 
 for compelling the cleansing of any place on which such stuff 
 may have been dropped in the course of its removal. (S. 26, 
 sub-s. 1, P. H. Act, 1890.) 
 
 N.B. — This sub-section of s. 26 cannot be adopted by a rural 
 council. 
 
 Offensive Trades. 
 
 It is an offence — there being a penalty of 50/. and a daily 
 penalty of 40s. — to establish in an urban district, without the 
 consent in writing of the coimcil, any of the following trades : 
 
OFFENSIVE TRADES. 273 
 
 blood-boiler, fellmonger, bone-boiler, soap-boiler, tallow-melter, 
 tripe-boiler, or any other noxious trade, bminess or manufacture. 
 (S. 112, P. H. Act, 1875.) 
 
 N.B. — The trades above mentioned are essentially offensive 
 trades by reason of the impossibility of carrying them on without 
 producing offensive smells. A business which is not necessarily 
 an offensive business, e.g., a fried-fish shop, cannot be dealt with 
 under this section. {Braintree L. B. v. Boy ton (1884), 52 L. T. 
 99.) A smallpox hospital is not a " noxious business " to which 
 the section applies. ( Withington L. B. v. Manchenter Corporation, 
 (1893) 2 Ch. 19 ; 62 L. J. Ch. 393.) And where a company 
 established a bone-steaming business which caused no offensive 
 smell, it was held that no offence had been committed against 
 s. 112. {Cardiff Manure Co. v. Cardiff Union (1890), 54 J. P. 
 661.) 
 
 In districts where s. 51, Part III., of the P. H. Act, 1907, is 
 in force, a district council, subject to the sanction of the L. G. B., 
 can by order declare what businesses are to be considered offen- 
 sive trades and businesses. S. 51 provides that the words " any 
 other trade, business or manufacture, which the local authority 
 declare by order confirmed by the L. G. B., and published in 
 such manner as the Board direct, to be an offensive trade," 
 shall be substituted for the words in italics contained in s. 112, 
 P. H. Act, 1875, supra. Of course, the powers given by s. 51, 
 P. H. Act, 1907, are not confined to urban councils ; the section 
 will be in force in any district to which it or the whole of 
 Part III. of the Act has been applied by order of the L. Gt. B. 
 
 Bye -laws can be made by the council with respect to offensive 
 trades established with their consent in the district, and whether 
 the trade was established before or after s. 51, P. H. Act, 1907, 
 came into force in the district, in order to prevent or diminish 
 any noxious or injurious effects of the trade. (S. 113, P. H. 
 Act, 1875, and s. 67, sub-s. 2, P. H. Act, 1907.) 
 
 If a candle-house, melting-place, soap-house, slaughter-house, 
 or any place for boiling offal or blood, or for boiling, burning 
 or crushing bones, or a place used for any business causing an 
 offensive smell, is certified by the medical officer of an urban 
 council, or by any two medical practitioners, or by ten in- 
 
 c. T 
 
274 DISTRICT COUNCILS. 
 
 habitants of tlie district, to be a nuisance or injurious to healtb, 
 the council must lay a complaint before a justice. 
 
 The person responsible can then be summoned, and a penalty 
 of 5/. can be imposed for a first offence, the penalty being 
 doubled for each subsequent offence until it may amount to 200/, 
 
 The Court may, however, on the person summoned under- 
 taking to abate the nuisance as far as is reasonably practicable, 
 suspend its final determination. (S. 114, P. H. Act, 1875.) 
 
 N.B. — A certificate is valid if it states that the trade is a 
 "nuisance" without stating that it is "injurious to health"; 
 for there might be a " nuisance " which is not injurious to 
 health, and there might be something " injurious to health " 
 which is not a nuisance. {Houlder&liaw v. Martin (1885), 1 
 T. L. E. 323.) 
 
 The council can take similar proceedings where the nuisance 
 in the district is created by an offensive trade carried on outside 
 the district ; but in such case the proceedings must be before a 
 Court having jurisdiction in the place where the trade or business 
 is established. (S. 115, P. H. Act, 1875.) 
 
 Nothing in the P. H. Acts is to be construed to extend to 
 mines of different descriptions so as to interfere with or obstruct 
 their efficient working ; nor to the smelting of ores or minerals, 
 nor to the calcining, puddling and rolling of iron and other 
 metals, nor to the conversion of pig-iron into wrought -iron, so 
 as to obstruct or interfere with any of such processes. (S. 334, 
 P. H. Act, 1875.) 
 
 S. 334 does not take away a district council's common law 
 rights in respect of a nuisance caused by any of the above- 
 mentioned works and processes. {A.-G. v. Logan, (1891) 2 
 a B. 100.) 
 
 Officers. 
 
 An urban district council must from time to time appoint fit 
 and proper persons to be Medical Officer of Health, surveyor, 
 inspector of nuisances, clerk and treasurer, and must appoint 
 or employ such assistants, collectors and other officers and 
 servants as may be necessary for the efficient execution of the 
 P. H, Act. Subject to the control of the L. Gr. B. under the 
 General Order of March 23rd, 1891 {infra), relating to the 
 
OFFICERS. 275 
 
 appointment, salary and duties of medical officers and sanitary 
 inspectors, towards whose salaries the County Council contribute, 
 the district council may pay to their officers and servants such 
 reasonable salaries, wages and allowances — "allowances" 
 include extra payment for extra work {Echcards v. Salmon 
 (1889), 23 Q. B. D. 531 ; 58 L. J. Q. B. 571)— as the council 
 think proper. 
 
 Subject, again, as above, officers and servants appointed under 
 this Act are removable at the pleasure of the council. (S. 189, 
 P. H. Act, 1875.) This section enables the council to dismiss 
 a servant (in the particular case, the matron of a hospital who 
 had been engaged by resolution of the council at a salary of 
 II. a week) at pleasure, and at any time, and without assigning 
 any reason. ( JFood v. East Ham U. D. C. (1907), 71 J. P. 129.) 
 
 A rural district council must also appoint a medical officer 
 and an inspector of nuisances, and employ such other officers 
 and servants as are necessary. The clerk and the treasurer will 
 also be the officers of the district council in the capacity of 
 Board of Gruardians ; and these officers may be paid an increased 
 salary, such as the council, with the approval of the L. Gr. B., 
 think reasonable for their additional duties. If the clerk of 
 the union is unwilling to undertake such additional duties, the 
 assistant clerk of the union must be appointed to dischai'ge the 
 duties of clerk to the district council. (S. 190, P. H. Act, 1875.) 
 
 The same person may be appointed both surveyor and 
 inspector of nuisances. But the treasurer (or his partner, or 
 any persMi in his employment) cannot hold the office of, or 
 officiate as, clerk, nor can the clerk (or his partner, or any 
 person in his employment) hold the office of, or act as, treasurer. 
 There is a penalty of 100/. for breach of this enactment, which 
 may be recovered by any person, with full costs, by an action of 
 debt. (S. 192, P. H. Act, 1875.) 
 
 With the sanction of the L. G. B. the same person may be 
 appointed medical officer or inspector of nuisances for two or 
 more districts by the councils of those districts ; and in such 
 case the appointment and the proportions in which the salary 
 and charges of that officer are to be paid by the councils will 
 be prescribed by L. G. B. Order. (S. 191, P. H. Act, 1875.) 
 
 t2 
 
276 DISTRICT COUNCILS. 
 
 The person appointed medical officer must be a legally 
 qualified medical practitioner. 
 
 In case of the medical officer's illness or inability to act, the 
 council can appoint and pay a deputy medical officer, subject 
 to the approval of the L. G. B. (S. 191, P. H. Act, 1875.) 
 But a district council may aiTange with the County Council 
 that the services of a medical officer in the employment of the 
 County Council may be regularly available in the district, on 
 such terms as may be agreed upon by the two councils. In 
 such a case, the district council need not appoint a medical 
 officer as required by ss. 189 and 190, supra. (S. 17, Local 
 Government Act, 1888.) 
 
 Further, the L. G, B., if it appears that the appointment of 
 a medical officer for two or more districts situated wholly or 
 partly in the same county would diminish expense, or be other- 
 wise advantageous, can, on representation being made to the 
 Board, by order unite the districts for that purpose. The 
 L. G. B. can prescribe the mode of appointment and removal 
 of this officer, and also the proportion in which the expenses of 
 this officer are to be borne by the several councils. No other 
 medical officer can be appointed in a constituent district except 
 as an assistant to the ofl^cer appointed for the united districts. 
 No urban district containing a population of 25,000, or a borough 
 with a separate Court of Quarter Sessions can be included in 
 such union of districts imless the council of such district consent. 
 The L. G. B. must give at least twenty-eight days' notice of 
 the proposal to make this order to the council of every district 
 proposed to be included in the union, and if within twenty-one 
 days a council give notice to the L. G. B. that they object, the 
 L. G. B. can only include that district in the union by means 
 of a Provisional Order confirmed hj Act of Parliament. 
 (S. 286, P. H. Act, 1875.) 
 
 The County Council, or a County Borough Council (s. 3-i, 
 Local Government Act, 1888), may contribute to an urban or 
 rural district council half the salary of the medical officer or of 
 the sanitary inspector. (S. 24, Local Government Act, 1888.) 
 But in such case the appointmont of these officers will be 
 governed by the provisions of the L. G. B. Orders of 
 March 2'3rd, 1891. The appointment, the period of the 
 
OFFICEES. 277 
 
 appointment, and the salary to be paid must then be approved 
 by the L. Gr. B., and, without the Board's approval, these 
 officers cannot be removed from their posts or suspended from 
 employment. A person must not be appointed who does not 
 agree to give one month's notice previous to resigning office, or 
 to forfeit such sum as is agreed upon by way of liquidated 
 damages. When, however, any change in the duties or salary 
 of such an officer are deemed necessary, and he declines to 
 acquiesce in such change, the council may, with the consent of 
 the L. Gr. B., and after he has been given six months' notice in 
 writing signed by the clerk, determine his office. 
 
 The duties of medical officers are set out in Art. 18, L. G. B 
 Orders of March 23rd, 1891. 
 
 (1) The medical officer must keep himself informed respecting 
 
 the influences affecting, or threatening to affect, in- 
 juriously the public health of the district. 
 
 (2) He must inquire into the causes and distribution of 
 
 disease in the district, and ascertain how far they 
 have depended on conditions capable of removal or 
 mitigation. 
 
 (3) He must by inspection, systematic and as the occasion 
 
 requires, keep himself informed of the conditions 
 injurious to the health of the district. 
 
 (4) He must be prepared to advise the council on all matters 
 
 affecting the health of the district, and on all sanitary 
 points ; and in cases requiring it, he must certify for 
 the guidance of the council or justices as to any 
 matter in respect of which a medical certificate is 
 required as a basis of sanitary action. 
 
 N.B. — This certificate is required, for example, 
 before the council can take steps under s. 46, P. H. 
 Act, 1875, for purifying a house with a view to 
 checking infectious disease, and justices are empowered 
 to order the removal of a corpse to a mortuary on a 
 medical certificate by s. 142, P. 11. Act, 1875. 
 
 (5) He must advise the council on any question relating to 
 
 health involved in the framing and working of bye- 
 laws, and as to the adoption by the council of the 
 
278 DISTRICT COUNCILS. 
 
 Infectious Diseases Prevention Act, 1890, or of any 
 sections of it. 
 
 (6) He must, on receiving information of the outbreak of an 
 
 infectious disease of a dangerous character, without 
 delay, visit the spot where the outbreak has occurred ; 
 must inquire into its causes and circumstances ; must 
 advise as to the measures to be taken to prevent the 
 spread of the disease, and must take such steps as he 
 is authorised to take by any statute or resolution of 
 the council. 
 
 I^.B. — See p. 230 as to the removal of patients from 
 premises in which isolation would not be possible, and 
 also as to the disinfection of premises and articles 
 exposed to infection. 
 
 (7) Subject to the council's instructions, he must direct or 
 
 superintend the work of the inspector of nuisances in 
 the manner and to the extent that the council approve. 
 On receiving information from the inspector that his 
 intervention is required, owing to the existence of a 
 nuisance injurious to health or owing to the over- 
 crowding of a house, the medical officer must take, as 
 early as practicable, such steps as he is by statute or 
 by resolution of the council legally authorised to take, 
 and as the circumstances of the case so require. 
 
 (8) In any case in which it may appear to him advisable, or 
 
 in which he is so directed by the council, he must 
 himself inspect any carcase, meat, game, fish, vege- 
 tables, bread, milk, &c. exposed for sale and intended 
 for the food of man. If he finds such food unfit for 
 the food of man, he must give directions that it may 
 be dealt with by a justice according to ss. 116 and 1 17, 
 P. H. Act, 1875. (See Unsound Food, p. 341.) 
 
 (9) He must perform all duties lawfully imposed upon him 
 
 by the bye-laws and regulations of the council. 
 
 (10) He must inquire into any ofPensive process of trade in 
 
 the district, and report on the means appropriate for 
 preventing a nuisance or injury to health therefrom. 
 (See p. 273.) 
 
 (11) He must attend at the office of the council and at any 
 
 other place at such times as the council direct. 
 
OFFICERS. 279 
 
 (12) He must report from time to time, in writing, to the 
 
 council his proceedings and the measures necessary to 
 be taken for improving or protecting the health of the 
 district. He must likewise report on the sickness and 
 mortality of the district, so far as he is able to ascertain 
 the cause. 
 
 (13) He must keep books, to be provided by the council, 
 
 recording his visits and observations and instructions 
 thereon ; also the date and nature of applications made 
 to him, the date and result of action taken by him 
 thereon, and of any action taken on previous reports. 
 He must produce these books when required by the 
 council. 
 
 (14) He must make an annual report to the council, up to 
 
 the end of December in each year, comprising a 
 summary of the action taken, or which he has advised 
 the council to take, during the year to prevent the 
 spread of disease, and an account of the sanitary state 
 of the district generally. The report must also contain 
 an account of inquiries made by him as to conditions 
 injurious to health existing in the district, and of the 
 proceedings relating to those conditions ; and also an 
 account of the supervision exercised by him, or on his 
 advice, for sanitary purposes over places and houses 
 which the council have power to regulate, with the 
 nature and results of any proceedings. The report 
 must also record the action taken by him, or on his 
 advice, in regard to offensive trades, factories and 
 workshops, and dairies, cowsheds and milkshops. It 
 * must also contain tabular statements (on forms supplied 
 by the L. Gr. B. or to like effect) of the sickness and 
 mortality in the district, classified according to diseases, 
 . ages and localities. 
 
 If the medical officer ceases to hold office before the 
 3 let December, he must make the report for so much 
 of the year as has expired when he ceases to hold office. 
 
 N.B. — The annual report must also contain a specific 
 report on the administration of the Factory and Work- 
 shop Act, 1901, in the district as regards the workshops 
 and workplaces there ; and he must send a copy of the 
 
280 DISTRICT COUNCILS. 
 
 report, or so much of it as deals with this subject, to 
 the Home Office. (S. 13i, Factory and Workshop 
 Act, 1001.) 
 
 (15) He must give immediate information to the L. Gr. B. of 
 
 any outbreak of a dangerous epidemic disease, and 
 must send to the L. G. B. a copy of his annual report 
 and of any special report. He must make a special 
 report to the L. G. B. of the grounds of any advice 
 ^iven by him to the council with a view to their 
 requiriog the closing of any school in pursuance of 
 the Board of Education's Code of Regulations in force. 
 
 (16) He must send to the County Council information, or a 
 
 copy of a report, of any dangerous infectious disease 
 when he sends such information, &c. to the L. G. B. 
 
 JV.B. — The medical oflScer is required by s. 19, 
 Local Government Act, 1888, to send to the County 
 Council a copy of every periodical report that he is 
 required by the regulations of the L. G. B. to send to 
 the L. G. B. 
 
 (17) He must observe and execute the instructions issued by 
 
 the L. G. B. and the lawful orders of the council 
 applicable to his office. 
 
 (18) He must, when regulations have been made by the 
 
 L. G. B. under s. 134, P, H. Act, 1875 (see Infectious 
 
 Disease, p. 235), observe them so far as they relate to 
 
 or concern his office. (Art. 18, L. G. B. Order, 1891.) 
 
 The medical officer must, on becoming aware that a woman, 
 
 young person or child, is employed in a workshop in which no 
 
 abstract of the Factory and Workshop Act is affixed, as required 
 
 by the Act, give written notice thereof to the factory inspector 
 
 of the district. (S. 128, Factory and Workshop Act, 1901.) 
 
 N.B. — This section does not apply to institutions (factories) 
 which are carried on for charitable or reformatory purposes. 
 (S. 5, Factory and Workshop Act, 1907.) 
 
 The duties of the inspector of nuisances are set out in 
 Art. 19 of the L. G. B. Orders of March 23rd, 1891. 
 
 (1) The inspector must perform the duties imposed upon 
 him by the P. H. Act, 1875, and other Acts, or by 
 L. G. B. Orders, either under the special direction of 
 the council or of the medical officer (so far as this 
 
OFFICERS. 281 
 
 officer is authorised so to do by the council), or without 
 such directions if none are given. 
 
 (2) He must attend all meetings of the council when 
 
 required. 
 
 (3) He must, by systematic and occasional inspection of the 
 
 district, inform himself of nuisances requiring abate- 
 ment. 
 
 (4) On receiving notice of a nuisance or of breach of bye- 
 
 laws for the suppression of nuisances, he must visit 
 the spot and inquire into the nuisance or breach of 
 the bye-law as early as possible. 
 
 (5) He must report to the council any noxious or offensive 
 
 trade established in the district, and the breach of any 
 bye-laws made in respect of such trades. 
 
 (6) He must report to the council any damage done to works 
 
 of water supply or other works belonging to the 
 council, also any case of wilful or negligent waste of 
 water supplied by the council, or any fouling of water 
 for domestic purposes. 
 
 (7) He must from time to time, and forthwith on receipt of 
 
 a complaint, visit and inspect shops and places kept 
 and used for the preparation or sale of meat, fish, 
 game, fruit, bread, milk, &c., and examine any article 
 there. In case any article appears to him to be 
 intended for the food of man and to be unfit, he must 
 seize it and take steps that it may be dealt with by a 
 justice under sects. 116 and 117, P. H. Act, 1875 (see 
 Unsound Food, p. 341). But in case of doubt he 
 must report the matter to the medical officer to obtain 
 his advice on the matter. 
 
 (8) He must, when and as directed by the council, procure 
 
 and submit samples of food, drink, and drugs suspected 
 to be adulterated, to be analyzed imder the Sale of 
 Food and Drugs Act, 1875, and on receiving a 
 certificate that the article is adulterated, he must cause 
 a complaint to bo made, and take the other pro- 
 ceedings prescribed by the Act. 
 
 N.B. — The local authorities for the execution of the 
 Food and Drugs Acts are the County Council and the 
 councils of boroughs with a population of 10,000 
 
282 DISTRICT COUNCILS. 
 
 according to the 1881 census. (S. 39, Local Govern- 
 ment Act, 1888.) 
 
 (9) He must give immediate notice to the medical officer of 
 
 the occurrence of any infectious disease ; and whenever 
 he considers the intervention of the medical officer 
 necessary in consequence of a nuisance injurious to 
 health or of the overcrowding of a house, he must 
 inform that officer of it. 
 
 (10) He must, subject to the council's directions, attend to the 
 
 medical officer's instructions with regard to measures 
 for preventing the spread of infectious disease. 
 
 (11) He must enter from day to day, in a book provided by 
 
 the council, particulars of his inspections and of any 
 action taken by him in execution of his duties. He 
 must also keep a book or books, to be provided by the 
 council, so arranged as to form a continuous record of 
 the sanitary conditions of any premises in respect of 
 which any action under the P. H. or other Acts has 
 been taken ; and he must keep any other systematic 
 records that the council require to be kept. 
 
 (12) He must, at all reasonable times, when applied to by 
 
 the medical officer, produce to him his books and give 
 him such information as he can in respect to any 
 matter relating to the duties of the inspector. 
 
 (13) He must, if directed by the council, superintend the 
 
 due execution of all works undertaken by the council 
 for the suppression or removal of nuisances. 
 
 (14) He must, if directed by the council, act as the council's 
 
 officer under the Contagious Diseases (Animals) Act, 
 1886, and any orders or regulations made under it, 
 
 N.B. — The local authorities for enforcing the 
 Diseases of Animals Acts are the County Council and 
 the councils of boroughs with a population of over 
 10,000. (Diseases of Animals Act, 1894.) 
 
 (15) He must observe and execute all lawful orders and 
 
 directions of the council and orders of the L. Gr. B. 
 
 applicable to his office. (Art. 19, L. Gr. B. Orders, 
 
 1891.) 
 
 Officers or servants of the district council must not in anywise 
 
 be concerned or interested in any bargain or contract with the 
 
OFFICERS. 283 
 
 district council made by the council for any of the purposes of 
 the P. H. Acts. (S. 193, P. H. Act, 1875.) 
 
 But the P. H. (Members and Officers) Act, 1885, introduces 
 certain exceptions. An officer or servant of the council may, if the 
 council consent, be lawfully concerned or interested in a contract 
 with the council for the sale, purchase, lease, or hiring of any lands, 
 rooms, or offices, or as a shareholder in any joint stock company. 
 
 In the case of a sale or hiring, &c. of land, rooms, or offices 
 this consent must be given by two-thirds of the members of the 
 council present at a meeting held after seven days' notice has 
 been published in a local newspaper and given to every member, 
 stating the nature of the contract, and the time of the meeting 
 at which the question is to be considered. (Members and 
 Officers Act, 1885.) 
 
 If an officer or servant is concerned or interested in a contract 
 with the district council, or under colour of his office exacts or 
 accepts any fee or reward whatsoever other than his proper 
 salary, wages and allowances, he is incapable of afterwards 
 holding or continuing in any office or employment under the 
 P. H. Act, and is liable to forfeit 50/., which any person — pro- 
 vided he has the written consent of the Attorney- General 
 (P. H. Officers Act, 1884) — can recover by an action of debt. 
 (S. 193, P. H. Act, 1875.) 
 
 A contract made by a district council with one of their 
 officers, or in which an officer in their employment is concerned 
 or interested, is void. {Mellisn v. Shirley L. B. (1885), 16 
 Q. B. D. 446 ; 55 L. J. Q. B. 143.) 
 
 This section is not only aimed at the secret taking of bribes 
 or commissions by officers of the local authority, but includes 
 any advantage which an officer may receive from a contract 
 made by the district council, however honest his conduct in the 
 matter may be. In Whitehnj v. Barleij ( 1888), 21 Q. B. D. 154 ; 
 57 L. J. Q. B. 643, the local authority had contracted with 
 builders for the execution of an improvement scheme. The 
 council's surveyor was employed to take out the bills of quantities, 
 and the contracts provided that for these services he was to be 
 paid a percentage on the amount of the contract by the contractors. 
 It was held that he was concerned or interested in the contracts, 
 and therefore liable to the penalties ; and Lopes, L. J., expressed 
 the opinion that if the percentage had been payable by the local 
 
284 DISTRICT COUNCILS. 
 
 authority instead of by the contractors, tlie section would equally 
 apply. ■ 
 
 But the district council can lawfull}^ remunerate an officer for 
 extra services he has performed beyond the usual scope of his 
 employment. In Edwards v. Sa/mon (1889), 23 Q. B. D. 531 ; 
 58 L. J. Q. B. 571, the clerk of the local authority was paid a 
 fixed salary which was to include " all legal charges except for 
 contentious business matters and out-of-pocket expenses." On 
 the completion of a sewerage scheme, as an acknowledgment of 
 his services in connection with the successful promotion of the 
 scheme, the local authority by resolution awarded him 500 
 guineas for his services. It was held that this payment was a 
 perfectly lawful one for the authority to make, and that it did 
 not constitute an acceptance by the clerk under colour of his 
 office of a reward other than his proper salary, &c. 
 
 H.B. — In case of doubt, the council can apply to the L. Gr. B. 
 for their approval of the payment being made ; and if the 
 Ij. G. B. gives its sanction the district auditor cannot disallow 
 the payment. (Local Authorities Expenses Act, 1887.) 
 
 An officer entrusted with money must give sufficient security 
 to the local authority for the faithful execution of his office and 
 for duly accounting for all moneys which may be entrusted to 
 him. (S. 194, P. H. Act, 1875.) 
 
 Every officer and servant must when required to do so account 
 for all moneys received by him, and must deliver the vouchers 
 for all payments made by him and pay over to the treasurer all 
 moneys owing by him on the balance of accounts. 
 
 Rate collectors must within seven days after the receipt of 
 money on account of rates pay it over to the treasurer, and 
 must also, as the council direct, deliver a signed list con- 
 taining the names of persons who have neglected or refused to 
 pay the rates, and the sums respectively due from them. (S. 195, 
 P. H. Act, 1875.) 
 
 If an officer or servant of the council fails to render accounts 
 or pay over moneys, or fails within five days after written notice 
 in that behalf to deliver up any books, documents, &c. relating 
 to the execution of this Act or belonging to the local authority, 
 he may be summoned on the complaint of the council. The 
 Court has the power to commit the defaulter to gaol until he 
 has rendered the accounts, &c. (S. 196, P. H. Act, 1875.) 
 
PROMOTION OF BILLS. 285 
 
 Promotion of Bills. 
 
 The Borough Funds Acts, 1872 and 1903, which provide for 
 the promotion of and opposition to Bills by district councils, do 
 not affect the provisions of any local Act giving a council power 
 to promote Bills in Parliament. The council can, however, 
 resolve to adopt the procedure provided by the Borough Funds 
 Act, 1903, instead of that provided by the local Act. (S. 4, 
 Borough Funds Act, 1903.) 
 
 No expense in relation to the promotion of a Bill is to be 
 charged by an urban district council on the local funds unless 
 the promotion is sanctioned by the ratepayers at a special 
 meeting called for the purpose. (S. 1, Borough Funds Act, 
 1903.) 
 
 The sanction of the ratepayers is not necessary for the 
 opposition by the council to a Bill, (S. 7, Borough Funds Act, 
 1903.) 
 
 N.B. — The Borough Funds Acts give no power to a rural 
 council to promote a Bill ; and see the case of Clererton v. St. 
 Germans R. S. A., ubi infra ; but there is nothing prohibiting a 
 rural council from opposing a Bill. 
 
 The cost of promoting or opposing a local Bill in Parliament 
 is chargeable on the district funds in the proportion the council 
 ma}^ determine. (S. 2, Borough Funds Act, 1872.) 
 
 No payment is to be made out of these funds to a member of 
 the couucil who has acted as counsel or Parliamentary agent in 
 respect of the Bill. (S. 3, Borough Funds Act, 1872.) 
 
 Nor can the district funds be charged with the expenses 
 incurred in proceeding by Bill for an object which was attain- 
 able by means of a L. Gr. B. Provisional Order. (S. 10, Borough 
 Funds Act, 1872.) 
 
 Where a rural council, with the object of providing their 
 district with a water supply, instructed their solicitor to take 
 steps for promoting a Bill to enable them to acquire some land 
 and rights of water, it was held that the council could not charge 
 the costs payable to iho solicitor to the local funds, and that the 
 council ought to have proceeded by means of a L. Q-. B. Order 
 under s. 176, P. H. Act, 1875, for acquiring the necessary land, 
 &c. {Ckverfon v. St. Germans li. S. A. (1886), 56 L. J. Q. B. 83.) 
 
286 DISTRICT COUNCILS. 
 
 Procedure to be followed by Council when promoting 
 
 A Bill. 
 
 AVhen the Bill has been deposited, the council must give 
 notice, by means of placards and by advertisements in a local 
 newspaper in two successive weeks, stating : (a) the title of the 
 Bill; (b) a brief statement of its objects; (c) that the Bill has 
 been deposited, and the date on which it was first deposited in 
 either House ; (d) that copies of the Bill may be inspected and 
 purchased, at some place in the district specified, for fourteen 
 days after the first advertisement, and that extracts may be 
 taken free of charge ; and (e) that a public meeting of electors 
 {i.e., parochial electors) will be held on a day named — which 
 must not be less than fourteen days nor more than twenty- 
 eight after the first advertisement — for considering the promo- 
 tion of the Bill ; and the resolutions which will be submitted to 
 the meeting must be indicated. (Art. 1.) 
 
 The first advertisement must be made within seven days from 
 the first deposit of the Bill in either House, and the placards 
 must be posted within the same time. (Art. 2.) 
 
 A public meeting of electors must be held in accordance with 
 the notice. The chairman of the council is to preside ; but if 
 he is unwilKng or unable to do so, the council may appoint a 
 president. But if neither the chairman nor the person appointed 
 by the council is present within ten minutes after the time 
 appointed for the meeting, a president must be chosen from the 
 electors present at the meeting. (Art. 3.) 
 
 The president may, with the consent of the majority of 
 electors present, adjourn the meeting for not more than seven 
 days. (Art. 4.) 
 
 On opening the meeting the president, or a member or officer 
 of the council, is to give such explanation of the Bill as he 
 thinks expedient. (Art. 5.) 
 
 The question of the promotion of the Bill must be put by tiro 
 president to the meeting either by a single resolution in favour 
 of the promotion of the whole Bill, or by separate resolutions in 
 favour of separate clauses of the Bill. 
 
 The president must explain the resolution he proposes to put 
 to the meeting, and the question of the promotion of the Bill 
 must be put in the manner proposed. 
 
PROMOTION OF BILLS. 287 
 
 If the meeting requests the president to put any resohitioii 
 separately, he must do so. (Art. 6.) 
 
 The decision of the meeting on a resolution, as declared by 
 the president, is to be final, unless a poll is demanded. (Art. 7.) 
 
 A poll may be demanded with respect to any resolution by 
 not less than 100 electors, or one-twentieth in number of the 
 electors, whichever is less ; and if the decision of the meeting is 
 against the resolution, the council can require a poll. (Art. 8.) 
 
 A requisition for a poll made by electors must be in writing 
 and signed by them, and must be delivered to the chairman of 
 the council within seven days after the meeting. (Art. 9.) 
 
 N.B. — A form of requisition has been settled by L. G. B. 
 Order. 
 
 A requisition for a poll by the council must be authorised by 
 a resolution of the council ; and a copy of this resolution must 
 be delivered to the chairman within seven days after the 
 meeting. (Art. 10.) 
 
 The poll must then be taken on the resolution to which the 
 requisition relates, unless the requisition, or the Bill, or any 
 part of it in respect of which the requisition for a poll was 
 made, is withdrawn. (Art. 11.) 
 
 The poll may be taken on any number of resolutions at the 
 same time, and on the same voting paper. (Art. 12.) 
 
 The chairman must declare the result of the poll as soon as 
 practicable after the counting of the votes. (Art. 13.) 
 
 His decision on any question arising in respect of a voting 
 paper is to be final. (Art. 14.) 
 
 If he is unwilling to perform any duty in respect of a poll, 
 the council must appoint some one else for the task. (Art. 15.) 
 
 The L. G. B. is given power by Art. 16 to make regulations 
 for taking polls and for prescribing forms, which are contained 
 in a L. G. B. Order, 1903. (Schedule I. of Borough Funds 
 Act, 1903.) 
 
 If the result of the poll, or the decision of the meeting (and 
 no poll is demanded), is against the promotion of the Bill, or 
 any parts of it, the council must take the necessary steps to 
 withdraw the Bill or those parts of it. 
 
 In the event of the votes being equal, the question is to be 
 
288 DISTRICT COUNCILS. 
 
 deemed to be decided against the promotion. (S. 2, Borough 
 Funds Act, 1903.) 
 
 No further expense must be incurred by the council in respect 
 of a Bill or any part of it that is withdrawn. But all expenses 
 incurred and incidental to it up to the time of its withdrawal, 
 after being taxed by a taxing officer of one of the Houses of 
 Parliament, and examined and allowed by the L. Gr. B. (S. 6, 
 Borough Funds Act, 1872), can be charged to the local funds. 
 (S. 3, Borough Funds Act, 1903.) If the requirements of the 
 Act have been substantially complied with, an informality as to 
 the giving of notices, or the procedure at the meeting, or the 
 taking of the poll, which has not affected the result of the 
 proceedings, will not render the charging of the expenses to the 
 local funds invalid. (S. 6, Borough Funds Act, 1903.) 
 
 Qualifications and Disqualifications. 
 Qualifications. 
 
 A person to be qualified to be an urban district councillor 
 must (a) be a parochial elector of some parish within the 
 district, or (b) must have resided in the district during the 
 whole of the twelve months preceding his election to the council. 
 (S. 23, Local Government Act, 1894.) A person to be qualified 
 to be a rKr((l district councillor must be qualified to be a 
 guardian. (S. 2\.) In rural districts the district councillors 
 for a parish or other area are the representatiACS of that parish 
 or area on the board of guardians. 
 
 N.B. — Though the member of a rural district council 
 fulfils a double capacity, the functions of the two offices, 
 councillor and guardian, are distinct. 
 
 A person to be qualified for election to a board of guardians 
 must (a) be a parocliial elector of some parish within the Poor 
 Law Union, or (b) have resided in the Union for the whole of 
 the twelve months preceding the election, or (c), in the case of 
 a guardian for a parish wholl}'- or partly within the area of a 
 borough, he must be qualified for a borough councillorship. 
 (S. 20, Local Government Act, 1894.) A person disqualified 
 for being a guardian is also disqualified for being a rural district 
 councillor. (S. 46, sub s. o. Local Government Act, 1894.) 
 
QUALIFICATIONS AND DISQUALIFICATIONS. 289 
 
 A person ceasing to hold office as a district councillor is, 
 unless otherwise disqualified, re-eligible. (S. 37, Municipal 
 Corporations Act, 1882, adapted to district councils by s. 48, 
 Local Grovernment Act, 1894, and by Urban District Councils 
 Election Order, 1898.) 
 
 N.B. — The parochial electors are the persons registered in 
 such portion either of the local government register or of the 
 parliamentary register of electors as relates to the parishes 
 within the particular district. Persons entitled to be on the 
 local government register are the occupiers of property. 
 
 A woman is entitled to be on the local government register, 
 and to vote. But a husband and wife cannot both be qualified 
 in respect of the same property. A woman can be a district 
 councillor or a guardian. (S. 43, Local Government Act, 1894.) 
 
 Urban district councillors are elected by the parochial electors 
 of the parishes in the district, and, if the district is divided into 
 wards, by those electors who are registered in respect of quali- 
 fications in a ward. (S. 23, Local Grovernment Act, 1894.) 
 
 Eural district councillors are elected by the parochial electors 
 of parishes or other areas for the election of guardians in the 
 district. The rural district councillor for any parish or other 
 area is the representative of that area on the board of guardians. 
 (S. 24, Local Government Act, 1894.) 
 
 The term of office of a district councillor is three years. 
 
 One-third, as nearly as may be, of the council (and if the 
 district is divided into wards, one-third, as nearly as may be, of 
 the councillors of each ward) must go out of office on the 15th 
 April in each year. 
 
 The County Council, however, may, on the request made by 
 means of a resolution of a district council, passed by two-thirds 
 of the members voting on the resolution, order that all the 
 councillors shall retire together on the 15th April in every third 
 year. (S. 20, sub-s. 6 ; s. 23, sub-s. 6 ; s. 24, sub-s. 3, Local 
 Government Act, 1894.) 
 
 The County Council, on a similar application being made, can 
 rescind such an order by another order, which must, however, 
 require all the councillors in office at the date of this second 
 order to go out of office, and their places to be filled up by the 
 
 c. u 
 
290 DISTRICT COUNCILS. 
 
 newly-elected councillors on the 15tli April following. (District 
 Councillors and Gruardians Term of Office Act, 1900.) 
 
 Disqualifications. 
 A person is disqualified for being elected to or for being a 
 member or chairman of a district council or a board of guardians 
 if— 
 
 (a) He is an infant or an alien. 
 
 I{.B. — An alien is qualified on becoming a naturalised 
 British subject. 
 
 (b) He has, within twelve months before election, or has 
 
 since election, received union or parochial relief. 
 (S. 46, sub-s. 1, Local Government Act, 1894.) 
 
 N.B. — Belief given to or on account of a wife or child under 
 the age of sixteen, such child not being blind or deaf and dumb, 
 is to be considered as given to the husband or parent. (4 & 5 
 "Will. 4, c. 76, s. 56.) 
 
 Certain specified forms of parochial relief are excepted from 
 carrying a disqualification : — 
 
 Vaccination by the public vaccinator does not disqualify. 
 (S. 26, Vaccination Act, 1867.) A person who has received for 
 himself and his family surgical assistance or any medicine at 
 the expense of the poor rate is not disqualified for being an 
 urban district or borough councillor, but he cannot be a guardian. 
 (S. 2, Medical Relief Disqualification Removal Act, 1885.) 
 Treatment in an isolation hospital is not to disqualify. (S. 23, 
 Isolation Hospitals Act, 1893.) A person who has availed 
 himself of the apparatus (if any) provided by the council under 
 the Cleansing of the Person Act, 1897, is not disqualified. 
 
 (c) He has, within five years before his election, or has since 
 
 his election, been convicted either on indictment or 
 summarily of any crime, and sentenced to imprison- 
 ment with hard labour without the option of a fine, 
 or to any greater punishment {e.g., penal servitude), 
 and has not received a free pardon. (S. 4t>, sub-s. 1, 
 Local Government Act, 1894.) 
 A person therefore convicted and receiving a sentence of the 
 character mentioned will be disqualified for five years from the 
 
QUALIFICATIONS AND DISQUALIFICATIONS. 291 
 
 date of the conviction, unless he receives a free pardon, in 
 which case the disqualification would cease immediately. 
 
 (d) A person is also disqualified if he has, within five years 
 before his election, or has since his election, been 
 adjudged bankrupt, or has made a composition or 
 arrangement with his creditors. (S. 46, sub-s. 1, 
 Local Grovernment Act, 1894.) 
 
 This disqualification, however, ceases at once on a debtor's 
 adjudication being annulled, or on his getting his discharge, 
 with a certificate to the effect that his bankruptcy was due to 
 misfortune, and not to any misconduct on his part ; and in the 
 ease of composition or arrangement with creditors, the dis- 
 qualification will cease immediately on the payment of the debts 
 in full. (S. 46, sub-s. 4, Local Government Act, 1894.) Other- 
 wise, disqualification lasts five years from the adjudication, or 
 from the date when the composition was made. 
 
 There is also a disqualification by virtue of s. 32 and s. 9 of 
 the Bankruptcy Acts, 1883 and 1890 respectively. S. 32 
 disqualifies a person who is adjudged bankrupt for membership 
 of a board of guardians, sanitary authority, borough council, 
 and burial board, inter alia. S. 9 limits this disqualification to 
 a period of five years from the date of the bankrupt's discharge. 
 
 In most cases, where discharge follows close upon adjudication, 
 no difficulty would aiise ; but when a bankrupt's discharge is 
 suspended (say) for two years, it is a doubtful point whether 
 the period of his disqualification would date from the adjudica- 
 tion or from his discharge. S. 89 of the Local Government 
 Act, 1894, repeals "so much of any Act .... as is inconsistent 
 with this Act " ; but whether these provisions of the Bankruptcy 
 Acts are inconsistent with the Local Government Act, 1894, 
 and are therefore repealed, is not a matter on which there has 
 been any decision of a Court. 
 
 " A composition is an arrangement by which the debtor gives 
 and his creditors accept something which falls short of payment 
 in full in satisfaction of the whole of the debt." (Hawkins, J., 
 in li. V. Coohan (1886), 18 Q. B. D. 275 ; 56 L. J. M. C. 33.) 
 
 A debtor against whom judgment had been obtained, and 
 who applied to the County Com-t for an administration order 
 under s. 122, Bankruptcy Act, 1883, was held to have made a 
 
 u2 
 
292 DISTRICT COUNCILS. 
 
 composition with his creditors, and therefore to be disqualified 
 imder s. 46, Local Government Act, 1894. [Bradfield v. 
 Cheltenham Guardians (1906), 75 L. J. Ch. 618.) Buckley, J., 
 expressed the opinion that the words " composition or arrange- 
 ment " were wide enough to cover every composition, however 
 made, which the debtor had effected with his creditors, and did 
 not refer exclusively to compositions made under the Bankruptcy 
 Acts. 
 
 When a partnership makes an arrangement with creditors, 
 the disqualification attaches to every member of the partnership. 
 {JFardY. Radford (1895), 11 T. L. E. 587.) 
 
 (e) He holds any paid office under the council or board of 
 
 guardians, as the case may be. (S. 46, sub-s. 1, Local 
 Government Act, 1894.) 
 
 N.B. — This disqualification only applies to membership of 
 the particular body under which the paid office is held. 
 
 No person while holding office as assistant overseer, and no 
 paid officer engaged in the administration of the poor law, can 
 serve as a guardian. (S. 14, Poor Law Amendment Act, 1842.) 
 Such person is therefore disqualified from being a rural district 
 councillor. 
 
 A medical practitioner receiving a fee from the council for 
 a certificate notifying an infectious disease is not disqualified. 
 (S. 11, Infectious Disease Notification Act, 1889.) 
 
 (f) He is concerned in any bargain or contract entered into 
 
 with the council or board, or participates in the profit 
 of any such bargain or contract, or of any such work 
 done under the authority of the council or board. 
 (S. 46, sub-s. 1, Local Government Act, 1894.) 
 The extent of interest in a contract with a council or board of 
 guardians that will disqualify, is best illustrated by examples : — 
 A guardian who had collected rent due to the board, and had 
 retained a small sum as commission, was held to have " parti- 
 cipated in a profit," and to be disqualified — and none the less 
 disqualified though he had refunded this sum before the board 
 had declared his office vacant, {li. v. Roidands, (1906) 2 K. B. 
 292 ; 75 L. J. K. B. 501.) 
 
 A member of a council who had lent money to a contractor 
 and had taken as a security for his loan an assignment of a 
 
QUALIFICATIONS AND DISQUALIFICATIONS. 293 
 
 contract which the contractor had with the council, was held to 
 be disqualified. {Hiinnings v. Williamson (1888), 11 Q,. B, D. 
 633 ; 52 L. J. Q. B. 416.) 
 
 Where a gas-fitter entered into a contract with a council to 
 make certain alterations in the town hall, and he employed one 
 of the councillors, who was a builder, to erect the necessary 
 scaffolding, this councillor was held to be disqualified. {Tonikins 
 V. Jolliff-e (1887), 51 J. P. 247.) 
 
 A councillor who had not resigned his post of chemist to the 
 corporation before his election to the council, and who after his 
 election supplied the fire brigade with four pennyworth of oil, 
 was held by Cave, J., to be disqualified for voting at the mayoral 
 election on the ground of being interested in a contract with 
 the corporation ; and to the objection that the amount of the 
 bargain was trifling, the learned judge answered that the Court 
 had no dispensing power. {Nell v. Longbottom, (1894) 1 Q,. B. 
 767 ; 63 L. J. Q. B. 490.) 
 
 In a former case, Lopes, L.J., expressed a doubt as to whether 
 disqualification would follow a trifling deal over the counter. 
 (Nutton V. Wilson (1889), 22 Q. B. D. 749 ; 58 L. J. Q. B. 443.) 
 
 A candidate for election who is disqualified at the date of his 
 nomination, is disqualified for election even though he assigns 
 his contract before the poll {Harford v. Linshey, (1899) 1 Q. B. 
 852 ; 68 L. J. Q, B. 599) ; and a resolution of the council, 
 subsequent to the date of nomination, releasing a candidate 
 from his contract with the council will not remove the dis- 
 qualification. {Ford V. Newth, (1901) 1 K. B. 683; 70 L. J. 
 K. B. 459.) 
 
 A person is still " concerned in " a contract, even though it 
 has been completed, if he has not been paid. {0^ Carroll v. 
 Hastings, (1905) 2 Ir. 599.) 
 
 See infra (p. 295), as to exceptions from disqualification in 
 the case of contracts of certain descriptions. 
 
 (g) A person convicted of an offence against the Public 
 Bodies Con-upt Practices Act, 1889, or the Corrupt 
 and Illegal Practices Acts, 1883 and 1884, is dis- 
 qualified for seven years from membership of a district 
 council. 
 
204 DISTRICT COUNCILS. 
 
 (h) If a member of a district council (or board of guardians) 
 is absent from meetings of the council for more than 
 six months consecutively, except for illness or some 
 other reason approved by the council (or board), his 
 oflBce becomes vacant. (S, 46, sub-s. 6, Local Govern- 
 ment Act, 1894.) 
 
 jY.B. — A person disqualified for being a guardian is also dis- 
 qualified for being a rural district councillor, so a member of i\ 
 rural district council who has been absent from the meetings of 
 the board of guardians, so that his office of guardian will 
 become vacant, will also have to vacate his office of district 
 councillor, even though he may have attended the meetings of 
 the council. 
 
 " Month " means a calendar month. The absence must begin 
 to be reckoned after the first meeting from which the member 
 was absent. So when a councillor was absent from a meeting 
 on June 6th and was absent from all meetings up to November 
 21st, on which occasion he was present, it was held that he had 
 not been absent for more than six months. {Kershaic v. Mayor 
 ofShoredUch (1906), 22 T. L. E. 302.) 
 
 An officer or soldier of the auxiliary forces or of the reserve 
 on active service is not to be disqualified by reason of absence. 
 (Members of Local Authorities Relief Act, 1900.) 
 
 When a member becomes disqualified or vacates his seat for 
 absence, the council (or board) must thereupon declare the office 
 to be vacant, and signify that fact by a notice signed by three 
 members and countersigned by the clerk. This notice must be 
 published in such way as the council think fit, and then the 
 office becomes vacant. (S. 46, sub-s. 7, Local Government Act, 
 1894.) 
 
 A person acting as a councillor or guardian when disqualified, 
 or voting when prohibited, is liable on summary conviction to a 
 fine of 20/. for each offence. (S. 46, sub-s. 8, Local Govern- 
 ment Act, 1894.) 
 
 Anyone may prosecute, but the penalty will not go to the 
 informer. 
 
 The only means of unseating a disqualified councillor who at 
 the date of election is disqualified, is by an election petition. 
 
QUALIFICATIONS AND DISQUALIFICATIONS. 295 
 
 A person is not disqualified by reason of being interested — 
 
 (i) In the sale or lease of any lands ; or in the loan of any 
 
 money to the council or board of guardians ; ox in any 
 
 contract with the council for the supply from land 
 
 of which he is the owner or occupier, of stone, gravel, 
 
 or other materials for making or repairing highways 
 
 or bridges ; or for the transport of materials for the 
 
 repair of roads and bridges in his own immediate 
 
 neighbourhood. (S. 46, sub-s. 2, Local Government 
 
 Act, 1894.) 
 
 A sale or lease of land by a council is within the exception ; 
 
 as when a council leased a sewage farm to a member of the 
 
 council, it was held that he was not disqualified for remaining 
 
 on the council. {R. v. Gaskarth (1880), 5 Q. B. D. 324 ; 49 
 
 L. J. Q. B. 509.) 
 
 The letting of a building for the purpose of a polling-station 
 for a municipal election was held to be a " lease of land " within 
 the exception. [Nell v. Longhottom, supra.) 
 
 A district councillor must not vote on any question arising in 
 pursuance of Part I. or II., Housing of the Working Classes 
 Act, 1890, if it relates to any dwelling-house, building or land 
 in which he is beneficially interested. 
 
 There is a penalty of 50/. for so contravening this section. 
 (S. 88, Housing of the Working Classes Act, 1890.) 
 
 (ii) In any newspaper in which advertisements relating to 
 
 the affairs of the council or board are inserted, 
 (iii) In any contract with the council (or board of guardians) 
 as a shareholder in a joint stock company ; but he 
 must not vote on any question in which such company 
 is interested, except that, in the case of a water 
 company or other company established for the carrying 
 on of works of a like public nature this prohibition 
 against voting may be removed by the County Council. 
 (S. 46, 8ub-8. 2, Local Government Act, 1894.) 
 It will be necessary for the councillor so interested to apply 
 to the County Council for this dispensation. 
 
296 DISTRICT COUNCILS. 
 
 Becreation Grounds. 
 
 Lands may be purchased or leased and laid out and main- 
 tained as public walks and pleasure grounds by an urban district 
 council, who may also contribute to the support, or support such 
 places which have been provided by some other person. The 
 council can make bye-laws for the regulation of such places 
 which may provide for the removal of persons infringing the 
 bye-laws by an officer of the council or by a constable. (S. 164, 
 P. II. Act, 1875.) 
 
 In those districts where Part III. of the P. H. Act, 1890, 
 has been adopted the council have further powers : they can 
 contribute towards the cost of laying out public walks and 
 pleasure grounds which have been permanently set apart as 
 such by some person, and towards the purchase of lands by a 
 person if they are to be set apart for public recreation ; nor does 
 it matter if these lands are outside the district, if they are so 
 situated as to be conveniently used by the inhabitants of the 
 district. (S. 45, P. H. Act, 1890.) 
 
 The council may, on not more than twelve days in one year 
 nor for more than four consecutive days, close to the public any 
 park or pleasure ground provided by them, and may grant the 
 use of it, gratuitously or for payment, to any public charity or 
 institution, or for an agricultural or other show, or for any 
 public purpose. The persons to whom the place is granted 
 may charge for admission to it if the council so consent. Put 
 no such park or pleasure ground must be closed on a Sunday or 
 public holiday. 
 
 The council may either themselves provide and let for hire, 
 or may license other persons to do so, pleasure boats on any 
 lakes in a public park or pleasure grounds. Bye-laws may be 
 made for regulating the numbering and naming of such boats, 
 the number of persons to be carried in them, the boat-houses 
 and mooring places, and for fixing the rates of hire and the 
 qualifications of the boatmen. (S. 44, P. H. Act, 1890.) 
 
 J^'JB. — The above provisions only apply to urban districts, 
 but the L. Gr. B. can invest a rural council with like powers. 
 Bural councils, as well as urban, can acquire open spaces to be 
 
RECREATION GROUNDS. 297 
 
 used for the purposes of public recreation, however, under the 
 Open Spaces Act, 1906 (infra). 
 
 In districts where Part VI., P. H. Act, 1907, is in force, the 
 district council, in addition to other powers, and subject to any 
 regulations made by the L. Gr. B. in pursuance of s. 76 of the 
 Act, have the following powers with respect to any public park 
 or pleasure ground provided by the council or under their 
 management and control : — 
 
 (a) To enclose during a frost any part of the ground for the 
 
 purpose of protecting ice for skating and to charge 
 admission to the part enclosed, but only on condition 
 that three-quarters of the ice available for skating is 
 open to the use of the public free of charge. 
 
 (b) To set apart part of such ground, as may be described on 
 
 a notice board, for the purpose of cricket, football or 
 other game, and to exclude the public from this part 
 while it is in actual use. 
 
 (c) To provide any apparatus for games, and charge for the 
 
 use, or let the right of providing such apparatus for a 
 term not exceeding three years. 
 
 (d) To provide or contribute towards the expenses of a band 
 
 of music to perform in the pleasure ground. (See 
 infra as to limit on expense to be incurred over a band.) 
 
 (e) To enclose any part, not exceeding one acre, for the con- 
 
 venience of persons listening to the band, and charge 
 admission to the enclosure. 
 
 (f) To place, or authorize any person to place, chairs or seats 
 
 in the ground, and charge for, or authorize any person 
 to charge for, their use. 
 
 (g) To provide and maintain reading-rooms, pavilions, or 
 
 other buildings and conveniences, and to charge for 
 admission to them ; but in the case of a reading-room 
 this charge must not be made on more than twelve 
 days in the year, nor on more than four consecutive 
 days, 
 (h) To let any pavilion or other building provided by the 
 council to any person for the purpose of entertain- 
 ments, and authorize such person to charge for 
 admission. 
 
298 DISTRICT COUNCILS. 
 
 (i) To provide and maintaia refreshment rooms in the ground, 
 and either manage them themselves or let them to any 
 person for a term not exceeding three years, (S. 76, 
 P. H. Act, 1907.) 
 
 The council can appoint officers for securing the observance 
 of this Part of the Act and of any regulations or bye-laws made 
 under it. The council can procure officers to be sworn in as 
 constables for the purpose, but no such officer is to act as a 
 constable unless in uniform or provided with a warrant. (S. 77, 
 P. H. Act, 1907.) 
 
 No powers given by s. 76 are to be exercised so as to contra- 
 vene any covenant or condition to which the gift or lease of a 
 public park or pleasure ground has been made subject, without 
 the consent of the persons entitled to the benefit of such 
 covenant or condition. 
 
 The expenses incurred in the exercise of the powers given by 
 this section are to be defrayed out of the fund or rate from 
 which the expenses of the park or ground are payable, and any 
 receipts arising from the exercise of these powers are to be 
 carried to the credit of that fund or rate. 
 
 With regard to a band, the expenses incurred by the council 
 must not exceed in one year an amount to be approved by the 
 L. G. B., and. must not exceed the amount producible by a rate 
 of a penny on the property assessed for the purpose of the rate 
 out of which the expenses of the park or ground are paid. 
 (S. 76, P. H. Act, 1907.) 
 
 N.B.—Ss. 76 and 77, P. H. Act, 1907, are only in force in 
 districts to which Part VI. of the Act has been applied by order 
 of the L. G. B. 
 
 A recreation ground is also to be deemed an open and public 
 place for the purposes of the Vagrancy Act, 1824, and for certain 
 specified purposes of the Towns Police Clauses Act, 1847, ss. 28 
 and 29. (S. 81, P. H. Act, 1907.) 
 
 N.B. — This section only applies in districts to which it or 
 Part VIL, P. H. Act, 1907, has been applied by order of a 
 Secretary of State. 
 
 The Open Spaces Act, 1906, consolidates the former enact- 
 ments relating to open spaces and their acquisition by urban 
 
RECREATION GROUNDS. 299 
 
 and rural district councils for the purpose of public recreation 
 and enjoyment. 
 
 An " open space " is defined as any land, whether enclosed or 
 not, on which there are no buildings, or of which not more than 
 one-twentieth is covered by buildings, and which is land laid 
 out as a garden, or is used for purposes of recreation, or lies 
 waste. The definition is very wide ; it also includes a garden 
 square and a disused burial ground or churchyard. (S. 20.) 
 
 The district council can acquire from the owner by agreement 
 an open space or burial ground for public recreation. The 
 freehold, or a limited interest, or merely the management of the 
 place may be acquired ; and it may be for a valuable or nominal 
 consideration or by gift. The place may be within or without 
 the district. (S. 9.) Two local authorities, i.e., County Council, 
 borough council, district council (and a parish council if invested 
 by the County Council with the requisite power) may combine 
 for the puri)ose. (S. 16.) 
 
 The " owner " of a disused burial ground, who can transfer it 
 to the district council, is the person (or persons) in whom the 
 freehold is vested, whether as appurtenant to any benefice or 
 otherwise. (S. 20.) The incumbent of a church is the free- 
 holder of the churchyard. 
 
 A " disused burial ground " means any burial ground, church- 
 yard or cemetery no longer used for interments, whether it has 
 been closed wholly or partially under any statutory provisions 
 or by Order in Council. (S. 20.) 
 
 Trustees of land to be preserved as an open space (s. 2), or 
 held upon trust for purposes of recreation (s. 3), or for charitable 
 purposes (s. 4), can transfer it to the district council, to be held 
 by them subject to the conditions of the trust and for the 
 purposes of the trust. 
 
 The owner of an open space, e.g., a garden square, which is 
 subject to the right of user for recreation by the owners and 
 occupiers of the houses round or near it, may, with the consent 
 of those persons, transfer it or its management to the district 
 council for the use of the public. This consent must be given 
 through a special resolution at a meeting of the owners and 
 occupiers, and s. 8 of the Act prescribes the formalities that 
 must be observed in the matter ; but this concerns rather the 
 
300 DISTRICT COUNCILS. 
 
 owners and occupiers of the houses, and not the district council. 
 (S. 5.) 
 
 The council must pay compensation to any person, unless he 
 consents, deprived of any interest of a profitable or beneficial 
 nature in an open space or burial ground acquired by the 
 council, (S. 13.) 
 
 The council can enclose with suitable rails and gates an open 
 space or burial ground acquired by them, and they may drain, 
 level, plant, ornament, light it and provide it with seats. (S. 10.) 
 
 In the case of a disused burial ground, however, no powers of 
 management must be exercised by the council with reference to 
 consecrated ground without a license or faculty of the bishop of 
 the diocese. (S. 1 1 .) The license or faculty can be granted subject 
 to such restrictions as the bishop thinks fit, (S. 11, sub-s, 5.) 
 
 No buildings must be erected on a disused burial ground. 
 (Disused Burial Grounds Act, 1884,) 
 
 No games must be played on a disused burial ground without 
 (a) in the case of consecrated ground, the bishop's license or 
 faculty ; or (b) in the case of unconsecrated ground, the 
 sanction of the persons from whom it has been acquired, and 
 subject to the conditions they may impose. (S, 11, sub-s, 2.) 
 
 Tombstones or monuments on consecrated ground must not 
 be removed or have their position changed without the license 
 or faculty of the bishop, (S. 11, sub-s. 4.) At least three 
 months before moving any tombstones from a disused burial 
 ground acquired by them, the council must — 
 
 (a) Prepare a statement of the names and dates on the tomb- 
 
 stones, which statement must be deposited with the 
 clerk and be open to inspection ; 
 
 (b) Insert an advertisement at least three times in some local 
 
 newspaper of the proposed removal of the tombstones, 
 and intimating where and when the statement of 
 names and dates is deposited and can be inspected ; 
 
 (c) Place a notice in terms similar to the advertisement on 
 
 the door of the church (if any) to which the burial 
 ground is attached, and deliver a notice to any person 
 known or believed by the council to be a near relative 
 to anyone whose death is recorded on a tombstone. 
 (S. 11, sub-s. 3.) 
 
RIVERS POLLUTION. 301 
 
 The council cannot apply for the bishop's faculty until after one 
 month after the appearance of the last of the above-mentioned 
 advertisements. There is a proviso, which recognizes that it 
 may be impossible for the council to discover any near relatives 
 on whom to serve the notice required by para, (c), that the 
 bishop may grant the necessary faculty or license if satisfied 
 that reasonable steps have been taken to bring the intended 
 removal of tombstones to the knowledge of any persons having 
 a family interest in tliem. (S. 11, sub-s. 4.) 
 
 Bye-laws, to be approved by L. G. B., can be made by the 
 council for regulating the use of these open spaces, for fixing 
 the days and hours of admission, &c. (S. 15.) 
 
 The necessary officers and servants for the care of these places 
 can be employed by the council. (S. 10.) 
 
 A district council's expenses under this Act will be defrayed 
 as under the P. H. Act, 1875. The expenses of a rural district 
 council are to be deemed " special " expenses. (S. 17.) A 
 council have the same powers of borrowing as under the P. H. 
 Act, 1875. (S. 18, Open Spaces Act, 1906.) 
 
 Rivers Pollution. 
 
 A district council, in the exercise of their powers under the 
 P. H. Act, 1875, cannot make or use a sewer, &c. so as to 
 convey sewage or filthy water into any natural stream, canal 
 or pond, until it has been freed from all excrementitious or 
 other noxious matter that would affect or deteriorate the water 
 in such stream, &c. (S. 17, P. H. Act, 1875.) The section 
 means that at no one point is the water of the stream to be 
 affected or deteriorated by such matter being put into it. 
 (A.-G. v. Birmingham, 8fc. Drainage Board (1908), 72 J. P. 21.) 
 
 It is an offence against the Rivers Pollution Prevention Act, 
 1876, to put or to knowingly permit to be put into a stream 
 any sewage (s. 3, Eivers Pollution Prevention Act, 1876) ; and 
 when a stream is polluted by sewage, and the sewage has at 
 any point of its flow pas?ed through a channel or pipe vested in 
 the district council, the council will be deemed to have knowingly 
 permitted the sewage to flow into the stream. (IS. 1, Rivers 
 Pollution Prevention Act, 1893.) If there is an appreciable 
 
302 DISTRICT COUNCILS. 
 
 pollution through sewage being permitted to flow into the 
 stream, it is no answer to proceedings for an order prohibiting 
 the pollution that the stream is already polluted by sewage 
 flowing into it elsewhere. (Sfq/fbrdshire C. C. v. Seisdon R. D. C. 
 (1907), 96 L. T. 328.) 
 
 " Pollution " does not include discolouration. 
 
 "Stream" includes rivers, canals, lakes and watercourses 
 (except watercourses which were mainly used as sewers and 
 which emptied into the sea at the time this Act was passed), 
 also such parts of the sea and of tidal waters as may be deter- 
 mined by the L. Gr. B. by Order published in the London 
 Oazette. (S. 20, Eivers Pollution Prevention Act, 1876.) 
 " Tidal waters " are those '' which rise and fall, not because 
 they have come up from the sea or estuary and must flow down 
 again, but because when flowing down from their source towards 
 the sea they are arrested in their course and compelled to rise 
 by the action of the tide properly so called, and fall when that 
 pressure is withdrawn." (Darling, J., Wed Riding of Yorks. 
 Rivers Board v. Tadcmter R. D. C. (1907), 71 J. P. 429.) 
 
 If a council have been empowered by Act of Parliament to 
 discharge sewage into the sea or tidal waters, they will not be 
 deemed to have offended against this Act. (S. 19, Rivers 
 Pollution Prevention Act, 1876.) 
 
 Though the L. Gr. B. has not made any order under s. 20 
 including any part of the sea or tidal waters in the definition 
 of a " stream," a council will be restrained from dischargiog 
 sewage so as to cause injury to a " several " fishery, e.g., oyster 
 beds {Hohart v. Southcnd-oii-Sca Corporation (1906), 75 L. J. 
 K. B. 305), and will be liable for any loss caused thereb}"- to 
 the owner of the fishery. {Foster v. Warhliiigton U. D. C, 
 (1906) 1 K. B. 648; 75 L. J. K. B. 514.) 
 
 N.B. — Under the Sea Fisheries Regulation Act, 1888, the 
 Board of Trade can, on the application of a County Council or 
 borough council, appoint a local fishery committee, with powers 
 [inter alia) to make bye-laws for prohibiting or regulating the 
 deposit or discharge into the sea of any solid or liquid substance 
 detrimental to sea-fish or sea-fishing. 
 
 In districts where s. 47, P. H. Act, 1890, is in force (this 
 section cannot be adopted by a rural council), it is an ofPence, 
 
RIVERS POLLUTION. 303 
 
 carrying a penalty of 40.s\, to throw into a river or watercourse 
 any cinders, bricks, stones, rubbish, dust or other matter which 
 is likely to cause annoyance. (S. 47, P. H. Act, 1890.) 
 
 It is an offence against the Rivers Pollution Act to put or 
 knowingly permit to be put into a stream solid refuse, cinders 
 or putrid solid matters so as, either singly or in combination 
 with other similar acts by the same or other persons, to interfere 
 with the due flow or to pollute the water of the stream. In 
 proceedings under this Act, in order to prove interference vdth 
 the flow of the stream or the pollution by reason of solid matters 
 having been put into it, evidence may be given of repeated acts 
 which together cause the interference or pollution, though each act 
 taken separately would not be sufficient. (S. 2, Rivers Pollution 
 Prevention Act, 1876.) 
 
 " Solid matter " does not include particles of matter in sus- 
 pension in water. (S. 20, Rivers Pollution Prevention Act, 
 1876.) This definition is explained in Ribhk Joint Committee 
 V. HaUiwell, (1899) 2 Q. B. 385 ; 68 L. J. Q. B. 984. A 
 manufacturer impounded in a reservoir water from the river, 
 but owing to the presence of vegetable substances which had 
 been turned into the river from mills higher up the stream, this 
 water could not be used until these substances had had time to 
 settle. The water in the reservoir was then drawn off and 
 used in the factory. The deposit which settled at the bottom 
 of the reservoir in a short time became " putrid solid matter," 
 and once a week the reservoir was flushed and the deposit 
 washed into the river. A sample of the effluent from the 
 reservoir where it went into the river was analj'^sed as consisting 
 of 97"6 per cent, water and 2 4 per cent, solids. It was held 
 that no offence had been committed, as the deposit, when it was 
 turned into the river, was so mixed with water as to consist 
 of "particles in suspension in water." 
 
 It is an offence against the Act to put or knowingly permit to 
 be put into a stream polluting liquids from factories or manu- 
 facturing processes. But in the case of factories which were 
 turuiug polluting manufacturing liquids into a stream at the 
 time when the Act was passed, no offence is to be deemed to be 
 committed if the manufacturer satisfies the Court that he is 
 using the best practicable and leasonably available means for 
 
304 DISTRICT COUNCILS. 
 
 preventing pollution. (S. 4, Eivers Pollution Prevention Act, 
 1876.) This exemption only refers to noxious liquids produced 
 in the process of a manufactui'e, and it does not apply to factories 
 established after 1876. {Midlothian C. C. v. Pumpherton Oil Co. 
 (1901), 6 Fraser, 387.) 
 
 It is also an offence to put into a stream solid matters from a 
 mine so as to prejudicially affect the flow, or solid or liquid 
 pollutions from a mine. But water in the same condition in 
 which it has been drained or raised from a mine may be turned 
 into a stream, although it may prejudicially affect the flow or 
 cause pollution. And in the case of polluting matter, no offence 
 is committed if the mine-owner satisfies the Court that the means 
 he is using for rendering the matter innocuous are the best 
 practicable and reasonably available. (S. 5, Rivers Pollution 
 Prevention Act, 1876.) 
 
 A certificate granted by a L. Gr. B. inspector after holding 
 an inquiry that the means used for rendering pollutions 
 innocuous from factories or mines are the best practicable and 
 reasonably available is conclusive evidence of the fact in any 
 proceedings. The certificate may be granted for a period not 
 exceeding two years. Any person (which of course would 
 include the local authority) aggrieved by the grant or refusal of 
 a certificate can appeal to the L. Gr. B. against the inspector's 
 decision. (S. 12, Rivers Pollution Prevention Act, 1876.) 
 
 The district council (s. 8, Rivers Pollution Prevention Act, 
 1876) and the County Council or a joint committee of County 
 Councils formed by L. G. B. Order (s. 14, Local Government 
 Act, 1888) are the local authorities for enforcing the provisions 
 of the Act in relation to any stream within their jurisdiction. 
 A council's expenses in the matter are to be defrayed as if 
 incurred under the P. H. Act, 1875. But any person aggrieved 
 by the pollution of a stream (except in the case of factory or 
 mine pollutions) can take proceedings under this Act. (S. 8.) 
 And further, the Act does not deprive riparian owners and 
 others of their Common Law rights in respect of the pollution 
 of streams, whatever the manner in which the pollution is 
 caused. (S. 16, Rivers Pollution Prevention Act, l<*?7d.) 
 
 The Lee Conservancy Board has the exclusive right of en- 
 
EIVERS POLLUTION. 305 
 
 forcing the Act in relation to all streams within the Board's 
 jurisdiction. (S. 9, Rivers Pollution Prevention Act, 1876.) 
 
 A local authority only can take proceedings under the Act in 
 the case of factory and mine pollutions. Any other person 
 cannot. But if the local authority, on being informed by any 
 person of such a pollution, fail to proceed in the matter, that 
 person can apply to the L. Gr. B., and the L. Gr. B,, after an 
 inquiry, can direct the local authority to take proceedings. 
 
 The local authority cannot take proceedings with regard to 
 factory or mine pollutions without the consent of the L. Gr. B. 
 This consent can only be given after the L. G. B. has held an 
 inquiry, and must not be given when the district is the seat of 
 a manufacturing industry, unless the Board is satisfied that there 
 are means reasonably available and practicable for rendering 
 the pollutions harmless, and that no material injury will be 
 inflicted on the industry. (S. 6, Rivers Pollution Prevention 
 Act, 1876.) 
 
 Proceedings can only be taken against a person for the same 
 offence by one local authority at a time. In the case of any 
 offence against the Act, the local authority must give the 
 offender two months' notice in writing of their intention to 
 proceed against him. (S. 13, Rivers Pollution Prevention Act, 
 1876.) In the case of factory or mine pollutions this notice 
 can only be given after the necessary consent of the L. Gr. B. 
 has been obtained, and a notice given prior to the L. Gr. B.'s 
 consent will be invalid. ( West Hiding of Yorks. Rivers Board v. 
 Robinson, (1907) 1 K. B. 431 ; 76 L. J. K. B. 426.) The 
 person on receiving this notice may make his objection to the 
 proposed proceedings before the local authority, even though 
 the L. G. B. has given its consent, and the local authority must 
 give him and his witnesses a hearing before deciding whether 
 to proceed against him. (S. 13, Rivers Pollution Prevention 
 Act, 1876.) 
 
 Proceedings under the Act must be taken in the County 
 Court. The Court can, by summary order, require a person to 
 abstain from committing an offence, and when such offence 
 consists in a default to perform a duty under this Act, e.g.y 
 failure by the district council to afford facilities for factories to 
 empty manufacturing liquids into the council's sewers, the 
 
306 DISTRICT COUNCILS. 
 
 Court can require that duty to be performed in the manner 
 specified in the order. Non-compliance with the order of the 
 Court entails a penalty of 50/. a day. (S. 10.) A plaint 
 entered in the County Court may be removed into the High 
 Court by leave of a High Court judge. There is, also, an 
 appeal from an order of a County Court judge to the High 
 Court. The appeal must be in the form of a special case. (S. 11, 
 Rivers Pollution Prevention Act, 1876.) 
 
 A person (person includes a company) engaged in the manu- 
 facture of gas who causes the water in a stream, reservoir, pond, 
 or any drain or pipe communicating therewith, to be corrupted 
 by gas washings or other substance produced in the making or 
 supply of gas, is liable for every offence in the sum of 200/., 
 and, after receiving twenty-four hours' notice of the offence 
 from the council or the person to whom the water belongs, a 
 further sum of 20/. for every day the offence continues. These 
 penalties are not recoverable unless sued for during the con- 
 tinuance of the offence or within six months after it has ceased. 
 They are recoverable in any of the superior Courts, with full 
 costs of suit, in the case of water belonging to the district 
 council, by the council, and in the case of other water, if the 
 owner does not proceed, by the district council on the council 
 giving notice to the owner of their intention to take proceedings. 
 (S. 68, P. H. Act, 1875.) 
 
 The Cemeteries Clauses Act, 1847, contains provisions similar 
 to the above in the case of pollutions from cemeteries. 
 
 Scavenging. 
 
 A district councU can undertake (i) the cleansing of foot- 
 ways and pavements adjoining premises; (ii) the removal of 
 house refuse from premises ; (iii) the cleansing of earth-closets, 
 privies, ash-pits, and cesspools belonging to premises. 
 
 If the council do not undertake or contract for the perform- 
 ance of such duties, they can make bye-laws for these duties to 
 be performed by the occupier of the premises at such intervals 
 as the council think fit. (S. 44, P. H. Act, 1875.) 
 
 In districts where s. 26, sub-s. 2, of Part III., P. H. Act, 
 1890, has been adopted, and where the council undertake or 
 
SEWEES, DEAINSj SANITARY ARRANGEMENTS. 307 
 
 contract for the removal of house refuse, the council can make 
 bye-laws imposing on the occupiers of premises the duty of 
 faciKtating the work of removal. (S. 26, sub-s. 2, P. H. Act, 
 1890.) 
 
 JY.B. — Eefuse from a hotel, consisting of ashes, lemon peel, 
 empty bottles, &c., was held to be " house refuse " ( West- 
 minster Corporation v. Gordon Hotels, (1906) 2 K. B. 39; 75 
 L. J. K. B. 438) ; but not so clinkers from a steam laundry. 
 {London and Provincial Laundry Co. v. Willesden L. B., (1892) 
 2 Q. B. 271.) 
 
 In districts where s. 48 of Part III., P. H. Act, 1907, is in 
 force, the council, on being requested by the owner or occupier 
 of any premises to do so, must remove trade refuse other than 
 sludge. The person making the request must pay the council 
 a reasonable sum for so doing. The amount to be paid must, 
 in case of dispute, be settled by a Court of summary jurisdic- 
 tion ; and if any question arises in any case as to what is to be 
 considered as trade refuse, that question may be decided on the 
 complaint of either party by a Com't of summary jurisdiction, 
 whose decision is to be final. (S. 48, P. H, Act, 1907.) 
 
 An iirban council may provide receptacles for the temporary 
 deposit and collection of dust and rubbish, and also buildings 
 and places, e.g., dust destructors, for the deposit of rubbish 
 collected by the council. (S. 45, P. H. Act, 1875.) 
 
 Sewers, Drains, Sanitary Arrangements. 
 Distinction between a " Drain " and a " Sewer." 
 
 A "drain" is " any drain of and used for the drainage of one 
 building only, or premises within the same curtilage, and made 
 merely for the purpose of communicating therefrom with a 
 cesspool, or other like receptacle for drainage, or with a sewer." 
 (S. 4, P. H. Act, 1875.) 
 
 A pair of semi-detached houses which had been built at the 
 same time, which had separate gardens, and which had always 
 been separately occupied, were held to be separate buildings not 
 within the same curtilage. {Hiimphery v. Young, (1903) 1 
 K. B. 44 ; 72 L. J. K. B. 6.) " Cartilage " means the garden, 
 yard, or enclosure belonging to the building. The term 
 
 x2 
 
308 DISTRICT COUNCILS. 
 
 "curtilage" cannot be applied to anything whicli is common 
 to more than one house. {Per Phillimore, J., Harris v. Scurfield 
 (1904), 91 L. T. 536.) In this case a block of separate 
 dwellings with a common access and a certain amount of privy 
 accommodation in common were held not on that account to be 
 premises within the same curtilage. 
 
 The Lowther Arcade, too, was held not to be " one building " 
 or " premises within the same curtilage." {St. Martinis Vestry 
 V. Bird, (1895) 1 U. B. 428 ; 64 L. J. U. B. 230.) 
 
 A "sewer" includes a sewer or drain of any description 
 except a drain to which the above definition of " drain " applies. 
 (S. 4, P. H. Act, 1875.) The definition may be summed up as 
 follows : A pipe or conduit (to use a neutral term) is a " drain " 
 if it conducts the drainage from one building only or from 
 premises within the same curtilage, and a " sewer " if it 
 conducts the drainage from more than one building not being 
 within the same curtilage. 
 
 The distinction is important, because " sewers " (with certain 
 exceptions) are repairable by the district council, whereas a 
 "drain" is repairable by the owner or occupier of the house 
 using it. As to when a sewer is to be treated as a " drain," 
 see s. 19, P. H. Act, 1890, infra. 
 
 The term " sewer " is not confined to conduits which receive 
 fsecal matter only, but includes a system for carrying off surface 
 water from roads. {Durrant v. Branksome U. D. C, (1897) 
 2Ch. 291; 66 L. J. Ch. 653.) 
 
 A channel at the side of a road for carrying off surface water 
 drainage, which also received the rain water from the roofs of 
 the houses abutting on the road, and conveyed the water through 
 gratings into a sewer under the road, was held to be a " sewer." 
 {Wilkimon v. Llandaff B. D. C, (1903) 2 Ch. 695 ; 72 L. J. 
 Ch. 8.) 
 
 A bm-n which for many years had received the sewage of a 
 number of houses and had become very filthy, was held to be a 
 "sewer" {Falconer v. South Shields Corporation (1895), 11 
 T. L. E.. 223) ; but it is a question of fact in each case, and 
 the mere fact that sewage has been allowed to discharge into a 
 stream does not make the stream a " sewer." ( West Biding of 
 Forks. Bivers Board v. Gaunt (1903), 1 L. G-. K. 133.) 
 
SEWERSj DRAINS, SANITARY ARRANGEMENTS. 309 
 
 A cesspool is not a " sewer." {Header v. West Cotces L. B., 
 (1892) 3 Ch. 18; 61 L. J. Ch. 561.) 
 
 In districts where Part III. of the P. H. Act, 1890, has been 
 adopted, a construction which, according to the definition in 
 8. 4, P. H. Act, 1875, is a "sewer" is to be treated as a 
 "drain " for the purposes of s. 19 of the P. H. Act, 1890. 
 
 This s. 19 provides that where two or more houses belong to 
 different owners and are connected with a public sewer by a single 
 private drain, that single private drain, if found to be defective, 
 is repairable at the expense of the owners of the houses. 
 
 The council can serve a written notice on the owners or 
 occupiers of the houses calling on them to effect the necessary 
 repairs. If they make default, the council can execute the 
 necessary work and recover their expenses from the owners of 
 the houses in such proportions as are settled by the surveyor, 
 or, in case of dispute, by a Court of summary jurisdiction. 
 These expenses may be recovered summarily, or be declared by 
 the council to be " private improvement expenses." 
 
 The expenses must be apportioned by the surveyor before the 
 council can recover them from the owners. {Haedicke v. Friern 
 Barnet U. D. C, (1904) 2 K. B. 807.) 
 
 It is an anomaly that the section should only apply when the 
 houses belong to different owners. But the section does not 
 mean that each house should be in a separate ownership. {Per 
 Channell, J,, in Thompson v. Eccles Corporation, (1905) 1 K. B. 
 110; 74L. J. K. B. 130.) 
 
 " The ' public sewer ' is meant here to indicate a sewer which 
 serves the public generally .... whereas the ' private drain,' 
 serving two or more houses, is that of which the natural use is 
 confined to those bouses." (Wills, J., Eastbourne Corporation 
 V. Bradford, 65 L. J. Q. B. 571.) 
 
 " What, then, is the ' single private drain ' to which s. 19 
 applies ? I think it is a drain constructed on private ground 
 to which the public have no access. The public are relieved 
 by the section from the cost of repairing that which they cannot 
 use." (Cave, J., Seal v. Merthp- Tydvil U. D. C, (1897) 2 
 Q. B. 543 ; 67 L. J. Q. B. 37.) 
 
 Two cases illustrating s. 19 follow : — 
 
 JacUon V. Wimbledon TJ. D. C, (1905) 2 K B. 27; 74 
 
310 DISTRICT COUNCILS. 
 
 L. J. K. B. C41. Of a row of sixteen houses, Jackson owned 
 twelve (Nos. 51 — 73). The remaining four houses (Nos. 75 — 81) 
 belonged to two other owners. At the back of the houses, on 
 private ground, ran a pipe, A. B., into which each house drained 
 separately. Between No. 73 (the last of Jackson's houses) 
 and No. 75, under some vacant private ground, there ran at 
 right angles to the pipe A. B. a connecting pipe, which con- 
 veyed the sewage from the pipe A. B. into the public sewer 
 under the road in front of the houses. This connecting pipe 
 was admitted to be a " single private drain " connecting with 
 the " public sewer." On complaint being made to the council, 
 the surveyor found that the pipe A. B. was out of repair, and 
 served notices on Jackson and the other owners to effect the 
 necessary works. The two owners of Nos. 75 — 81 made good 
 that part of the pipe A. B. into which their four houses drained 
 — there was no dispute as to their liability, because that part of 
 the pipe received the drainage of two or more houses belonging 
 to different owners, and was connected hy a single private drain 
 with a public sewer. Jackson disputed his liability on the 
 ground that that part of the pipe A. B. into which his twelve 
 houses drained was a sewer. The Court held that it was a 
 " sewer," and that the council could not recover the expenses 
 of repaii'ing it from Jackson. " It is of no use," said 
 Collins, M.R., " for a local authority to point to repairs effected 
 on a pipe which is not, at the place where the repairs were 
 effected, a single private drain ; and the local authority cannot 
 bring that pipe within the definition of a single private drain 
 merely by virtue of the fact that that pipe ultimately falls into 
 a single private drain, and that the sewage from it is carried on 
 a part of its course through a private single drain." 
 
 In Wood Green U. D. C. v. Joseph, (1907) 1 K. B. 182 ; 76 
 L. J. K. B. 173, a row of houses, in different ownerships, all 
 drained in pairs by means of a Y-shaped arrangement of pipes 
 into a single pipe A. B. in private ground, which in turn com- 
 municated with the district council's sewer. It was admitted 
 that each pipe forming the tail of the Y was a sewer. The 
 dispute was as to the liability to repair the single pipe A. B. 
 It was held that the council were liable, as the conditions 
 required by s. 19 to put the liability on the owner of the house 
 
SEWEES, DKAINS, SANITARY ARRANGEMENTS. 311 
 
 were not fulfilled in this instance, " There is no connection 
 with the public sewer by a single private drain ; but the con- 
 nection is by a sewer passing into a single private drain and 
 thence into the public sewer." (Collins, M.R.) 
 
 All sewers, with three exceptions, within the district, together 
 with all the buildings, works, materials belonging to the sewers, 
 vest in and are under the control of the district council. (S. 13, 
 P. H. Act, 1875.) But a person who finds a drain in a highway 
 and turns his sewage into it, does not thereby make it a sewer, 
 so as to throw on the local authority the liability for any nuisance 
 that follows ; and it seems that a person has no right to empty 
 slops or other dirty matter into a sewer only used for conveying 
 surface water. {Kinson Pottery Co, v. Poole Corporation^ (1899) 
 2 a. B. 44 ; 68 L. J. Q. B. 819.) And if a person surrep- 
 titiously runs a pipe through another person's land, he cannot 
 make it a sewer so as to vest in and be repairable by the district 
 council. {Hedley v. Wehh, (1901) 2 Ch. 126 ; 70 L. J. Ch. 663.) 
 
 " Buildings, works, materials belonging to sewers," includes 
 man-holes, inspection chambers, &c. 
 
 " Vest in " means " not a giving of the property in the sewer, 
 and in the soil surrounding it, to the local authority, but giving 
 such ownership and such rights only as are necessary for the 
 purpose of carrying out the duties of the local authority." 
 (Lord Russell of Killowen, C.J., Eastbourne Corporation v. 
 Bradford, (1896) 2 Q. B. 205 ; 65 L. J. U. B. 571.) 
 
 The three exceptions of sewers that do not vest in and come 
 under the control of the district council are — 
 
 (i) Sewers made for profit. 
 
 When the object of making the sewer is not either for sanitary 
 or ordinary drainage purposes, but to enable land to be occupied 
 more profitably {e.g., agricultural drains), or to avoid an expen- 
 diture which would otherwise have to be incurred in order that 
 the occupation of the land may be equally beneficial, the sewer 
 is made for the profit of the occupier. {Per Stirling, J., 
 Croysdale v. Sunbury-on- Thames U. D. C, (1898) 2 Ch. 515 ; 
 67 L. J. Ch. 585.) In this case the tenant of land had made a 
 sewer for carrying surface water to a pond for watering his 
 cattle. 
 
312 DISTRICT COUNCILS. 
 
 But wliere a landowner, as part of the development of a 
 building estate, made sewers in order to enhance the value of 
 the estate, which he let out in building plots, it was held that 
 the sewers were not made for profit, for to bring them within 
 the exception would make " the exception eat up the rule." 
 {Voicks V. Colmer (1895), 64 L. J. Ch. 414.) 
 
 The word "profit" is not restricted to a direct money pay- 
 ment {Si/kes V. Soicerbi/ U. D. C, (1900) 1 Q.- B. 584; 69 
 L. J. Q,. B. 464) ; in which case a conduit for preventing surface 
 water from running into and flooding a quarry, which water 
 was not used by the quarry owner, was held not to be a sewer 
 made for profit. 
 
 (ii) Sewers made and used for the purpose of draining, 
 preserving, or improving land under any local or 
 private Act of Parliament, or for the purpose of 
 irrigating land. Drains and ditches made by a railway 
 company under their special Act, which incorporated 
 the Railways Clauses Consolidation Act, 1845, are 
 sewers made under a private Act. [L. 8f N. W. 
 Bail. Co. V. Runcorn R. D. C, (1898) 1 Ch. 561 ; 67 
 L. J. Ch. 324.) 
 
 (iii) Sewers under the authority of any Commissioners of 
 Sewers appointed by the Crown. (S. 13, P. H. Act, 
 1875.) S. 13 contains the proviso preserving sewers 
 that have been constructed by or transfen-ed to 
 any sewage board or other authority, under any Act 
 of Parliament, before the passing of the 1875 Act 
 under the control of that board or authority. 
 
 The use of sewers (though vested in the district council) 
 which are used in connection with the draining of main roads 
 is preserved for that purpose to the County Council. (S. 11, 
 sub-s. 6, Local Government Act, 1888.) 
 
 Council's Povters and Duties with regard to Sewers. 
 
 The district council may purchase any sewers which do not 
 vest in them, or the right to make or use a sewer. But anyone 
 who had the right to use the sewer before its purchase by the 
 
SEWERSj DRAINS, SANITARY ARRANGEMENTS. 313 
 
 council is to have the same right afterwards to use that sewer 
 or any other sewer substituted for it. (S. 14, P. H. Act, 1875.) 
 
 The district council must keep in repair all sewers belonging 
 to them, and must make such sewers as are necessary for 
 effectually draining the district. (S. 15, P. H. Act, 1875.) 
 
 The proper course to be followed when the council neglect 
 this duty to keep sewers in repair, or to provide an effective 
 sewerage system, is to apply to the L. G. B. under s. 299, 
 P. H. Act, 1875. No action will lie against the district council 
 for non-fulfilment of their duty to provide necessary sewers 
 {Pasmore v. Oswaldticktle U, D. C, (1898) A. C. 387; 67 L. J. 
 Q,. B. 635) ; though, of course, the local authority will be liable 
 in an action for damage due to the improper construction of a 
 sewer or use of a sewer, e.g., where the local authority made 
 sewers which polluted a lake, injuring the fishing and water 
 supply of a house. [Harrington v. Derby Corporation, (1905) 1 
 Ch. 205; 74 L.J. Ch. 219.) 
 
 If the County Council are satisfied, on the complaint of the 
 parish council, that a rural district council have made default in 
 providing the parish with sufficient sewers or in maintaining the 
 existing sewers, the County Council can imdertake the district 
 council's duties at the district council's expense. (S. 16, Local 
 Government Act, 1894.) 
 
 The duty imposed by s. 15 does not mean that the council 
 are bound to provide a sewer for every house in the district, 
 e.g., for an outlying cottage {per Channell, J., Kinson v. Foole 
 Corporation, (1899) 2 Q. B. 44 ; 68 L. J. Q. B. 819). A council 
 cannot evade their obligation to provide sufficient sewers ; and 
 where a number of houses drained into a sewer and, owing to 
 its insufficiency, a nuisance was created, it was held that tlie 
 local authority could not call on the householders to disconnect 
 their drains with the sewer, so as to abate the nuisance. {Fordom 
 V. Parsons, (1894) 2 Q. B. 780 ; 64 L. J. M. C. 22.) 
 
 A rural district council, by resolution to be approved by the 
 L. G. B., may constitute any portion of their district a " special 
 drainage district " for the purpose of charging on it exclusively 
 the expenses of works of sewerage {inter alia) in that area. 
 That area will thereupon become a contributory place. (S. 277, 
 P. H. Act, 1875.) 
 
314 DISTRICT COUNCILS. 
 
 When the rural district council have determined to adopt 
 plans for the sewerage of any contributory place, they must 
 give notice to the council of the parish where the works are to 
 be executed and before any contract for the carrying out of the 
 works is made by the district council. (S. 16, Local Govern- 
 ment Act, 1894.) 
 
 The district council must keep their sewers properly cleansed, 
 emptied and ventilated, so that they do not create a nuisance. 
 (S. 19, P. H. Act, 1875.) There is a distinction between the 
 council's duties under this section and under s. 15, mpra. 
 S. 299 [supra) does not touch the council's duty under this 
 section, and if they neglect to cleanse a sewer and a nuisance is 
 created, the persons who suffer from it have a right of action 
 against the council. {Baron v. Portslade U. D. C, (1900) 2 
 Q. B. 588 ; 69 L. J. Q. B. 899.) 
 
 The council can carry a sewer through, across or imder a road 
 or street, or any place intended for a street ; or under a cellar 
 or vault which is beneath the pavement or carriage-way of a 
 street ; or, after giving reasonable notice in writing to the 
 owner or occupier, and if on the report of their surveyor it 
 appears necessary, they may carry a sewer into, through or under 
 any lands whatsoever in the district. (S. 16, P. H. Act, 1875.) 
 
 " Into, through or under " does not mean that the sewer 
 must be wholly underground. {Roderick v. Aston L. B. (1877), 
 5 Oh. D. 328 ; 46 L. J. Oh. 802.) 
 
 N.B. — A sewer can be carried by the council under a street 
 or under a cellar which is below the pavement or carriage-way of 
 the street without having to give notice to the owner of the 
 street or of the vault. But notice in writing to the owner or 
 occupier and a report of the necessity of the work from the 
 surveyor are necessary when a sewer is to be carried into or 
 under any building or private lands. 
 
 " Lands " includes buildings (s. 4, P. H. Act, 1875) and also 
 land covered by water. {Durrani v. Branksome U. D. C, (1897) 
 2 Ch. 291 ; 66 L. J. Ch. 653.) 
 
 The surveyor on whose report the council are to act must be 
 the surveyor appointed by the council under s. 189 or ss. 190 
 and 192, P. H. Act, 1875, and not a person temporarily 
 appointed to discharge the duties of surveyor during a vacancy 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 315 
 
 in the office. {Lewis v. Weston-super-Mare L. B. (1888), 40 
 Ch. D. 55 ; 58 L. J. Ch. 39.) 
 
 A manhole is a " work " which may be constructed on private 
 property by virtue of this section {Swansfon v. Ttcickenham 
 L.B. (1879), 11 Ch. D. 838; 48 L. J.Ch. 623), but a pumping- 
 station is not. {King's Coll., Camb. v. JJxhridge R. D. C, (1901) 
 2 Ch. 768 ; 70 L. J. Ch. 844.) This latter is a work " for the 
 purpose of disposing of sewage" within the meaning of s. 27 
 {infra, p. 316), and the local authority must get the land 
 required for it by purchase or lease as provided by that section. 
 
 In exercising their powers under s. 16, the council must pay 
 compensation for any damage done. (S. 308, P. H. Act, 1875.) 
 
 The council must not empty sewage or filthy water into any 
 stream, canal, lake or pond, unless such polluting matter has 
 been rendered innocuous. (S. 17, P. H. Act, 1875.) Eoad- 
 surface water, though discolouring a stream, is not a pollution. 
 {Bur rant v. Branksome U. D. C, supra.) 
 
 For the purpose of laying sewers the district council can 
 break open a main road, but they must restore the road to the 
 satisfaction of the County Council. (S. 11, sub-s. 12, Local 
 Government Act, 1888.) 
 
 In connection with the power of carrying sewers into private 
 lands (or in fact the execution of any other works), s. 327, P. H. 
 Act, 1875, provides that a district council cannot disturb or 
 interfere with lands or other property vested in the Admiralty 
 or War Office, or interfere with any navigation or water rights 
 or with a towing-path so as to interrupt the traffic {N.B. — 
 The fact that the interruption of traffic on the towing-path will 
 be slight or only temporary makes no difference {Conservators 
 of River Thames v. Walton-on- Thames U. D. C, "The Times," 
 February 11th, 1907)), or execute any works through or under 
 wharves, quays, docks, harbours or basins vested in any body 
 by Act of Parliament, without the consent of that body. 
 
 The council can alter or discontinue a sewer, provided that 
 they supply the persons using it with another, and that the 
 alteration or discontinuance of the sewer does not create a 
 nuisance. (8. 18, P. H. Act, 1875.) 
 
 For the purpose of disposing of sewage, the district councU 
 can (a) construct the necessary works within their district or 
 
816 DISTRICT COUNCILS. 
 
 (subject to 8. 32, infra) outside their district ; (b) contract for 
 the use or purchase of, or can take on lease, lands, buildings, 
 machinery and materials, either within or without the district ; 
 (c) contract to supply any person with the sewage (for him to 
 deal with it) for any period not exceeding twenty-five years, 
 and the council can contract for the execution of the works 
 necessary for such supply. (See infra, s. 30.) 
 
 In the exercise of any of these powers no nuisance must be 
 created. (S. 27, P. H. Act, 1875.) 
 
 A district council may be restrained by injunction from 
 creating a nuisance ; but a nuisance arising from a local 
 authority's sewage- works cannot be dealt with under s. 91 
 (see Nuisances, p. 264), P. H. Act, 1875. {R. v. Parlby 
 (1889), 22 Q. B. D. 520; 58 L. J. M. 0. 49.) 
 
 A district council can by agreement, and with the sanction 
 of the L. Gr. B., connect their sewers with the sewers of the local 
 authority of an adjoining district, on such terms as may be 
 agreed upon between them, or, in case of disagreement, as may 
 be settled by the L. Gr. B. But the first-mentioned council 
 must not allow (as far as practicable) storm- water from their 
 district, and must not permit sewage from other districts, to flow 
 into the sewers of the last-mentioned authority, unless that 
 local authority give their consent. (S. 28.) 
 
 Land appropriated for sewage purposes may be let by the 
 council as a sewage-farm for any period not exceeding twenty- 
 one years, or the council can farm it. But in dealing with 
 land used as a sewage farm, provision must be made for the 
 effectual disposal of all sewage brought on to it without creating 
 a nuisance. (S. 29.) 
 
 When the council have made an agreement with a person 
 for the supply of sewage (see s. 27, supra), and have contracted 
 for the works necessary for that supply, they can contribute to 
 that person's expenses in carrying out all or any of the pur- 
 poses of the agreement, and they can become a shareholder in 
 a company with which such agreement has been made, or to 
 which it may have been transferred, (S. 30.) 
 
 Before beginning the construction or extension of sewers or 
 other works for sewage purposes outside their district, the 
 council must give at least three months' notice of their intention 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 317 
 
 by advertizing it in the local newspapers of the district in which 
 the work is to be carried out. The notice must describe the 
 nature of the work, must name the parishes, streets and other 
 lands (if any) in which the work will be executed, and must 
 also name a place where a plan of the proposed work can be 
 inspected. 
 
 A copy of this notice must be served on all owners, lessees 
 and occupiers of lands, on the overseers of the parishes, and on 
 the highway authorities affected by the intended works. 
 (S. 32.) 
 
 The concreting of the bottom of a pool into which sewage- 
 farm effluent flowed, in order to prevent an accumulation of 
 sewage fungus, was held to be a " work for sewage purposes." 
 {Wimbledon L. B. v. Croydon Sanitary Authority (1886), 32 
 Ch. D. 421 ; 56 L. J. Ch. 159.) 
 
 If any body on whom this notice is served objects to the 
 proposed works and serves notice of objection on the council 
 within the three months' period, the works must not be begun 
 without the sanction of the L. G. B., after an inquiry. (S. 33.) 
 The council can apply to the L. G. B. to hold the inquiry. 
 (S. 34, P. H. Act, 1875.) 
 
 The P. H. (Support of Sewers) Amendment Act, 1883, 
 makes provision for the support of a local authority's sewers 
 and other sanitary works constructed in mining districts, 
 
 " Sanitary works " includes any works of sewerage, drainage, 
 sewage disposal, lighting, water supply, and all fixtures, pipes 
 and other apparatus used in connection with such works and 
 belonging to the local authority. (S. 2.) 
 
 " Support " includes vertical and lateral support. (S. 2.) 
 
 A district council can purchase land over a mine or the right 
 to make sanitary works over it. They must serve notice to 
 treat, as under the Waterworks Clauses Act, 1847, on the mine- 
 owner; and in this notice they can specify the nature and 
 extent of the support they require for their works. 
 
 The amount of compensation payable to the mine-owner may 
 be agreed upon or settled by arbitration in accordance with the 
 provisions of the P. H. Act, 1875, relating to arbitration. 
 
 This sum, together with all expenses incurred by the council 
 in settling it, are to be defrayed as expenses incurred under the 
 
318 DISTRICT COUNCILS. 
 
 P. H. Act, 1875 ; and the council have the powers of borrowing 
 money under that Act. 
 
 The provisions of the Waterworks Clauses Act, 1847, relating 
 to the support of waterworks by mines are applied by this 
 Support of Sewers Act, 1883, to the support of sewers, &c. 
 The council's powers in the matter may be briefly summarized 
 as follows : — 
 
 The council, when they purchase land over a mine for 
 sanitary works, are not entitled to the minerals (unless ex- 
 pressly purchased), except such minerals as are dug out during 
 the construction of the work. 
 
 When laying down pipes or doing any underground work 
 over a mine, the council must make a map showing the position 
 of the works. The map must be on a scale not less than 1 inch 
 to the mile, and must be open to inspection at the council's 
 offices. Copies of it must be deposited with the Clerk of the 
 Peace. 
 
 Unless otherwise arranged by agreement, a mine-owner must 
 not work that part of the mine which is subjacent to a sanitary 
 work or within forty yards of it without giving thirty days' 
 notice to the council. The council are not in their notice to 
 treat limited to a forty yards " danger zone " ; they may extend 
 or lessen the distance as they think expedient. On receiving 
 this notice the council can have the mine inspected, and if they 
 think that danger may result to their works from the mine 
 being worked there, they can compensate the mine- owner for 
 not working it. The amount of compensation, in case of dis- 
 agreement, is to be settled by arbitration. 
 
 If on receipt of this notice the council do not within the 
 thirty days express to the mine-owner their willingness to make 
 compensation, he can work that part of the mine, but he will 
 be liable for damage wilfully caused to the council's works or by 
 reason of the mine being worked in an unusual manner. 
 
 Though the mine-owner may be prevented from working the 
 mine within the danger zone, he may cut air- ways, gate- ways, 
 and water-levels within the prescribed area for the purpose of 
 ventilating or working the mine outside that area ; but in so 
 doing he must not injure the council's sanitary works. 
 
 The council must from time to time compensate the mine- 
 
SEWERSj DRAINS, SANITARY ARRANGEMENTS. 319 
 
 owner for any restrictions they impose upon him in working his 
 mine : the amount to be paid being settled by arbitration in 
 case of disagreement. 
 
 The council will be liable for damage done to the mine by 
 their sanitary works. 
 
 On giving twenty-four hours' notice the council can enter 
 and inspect a mine, and must be provided by the mine-owner 
 with the necessary facilities for so doing, in order to see whether 
 it is being worked in a manner likely to injure their sanitary 
 works. 
 
 Connection with and Draining into Sewers. 
 
 Every owner or occupier of premises within the district has 
 the right to connect the drains of those premises with the 
 council's sewers on giving the notice required by the council, 
 and subject to the council's regulations and supervision in respect 
 to the method of connection. If a connection is made without 
 the notice having been given there is a penalty of 20/., and the 
 council can close the communication between the drain and the 
 sewer. (S. 21, P. H. Act, 1875.) 
 
 N.B. — A district council cannot authorize a third party to 
 connect the drains of his premises with a sewer in private 
 property (in this case a private road) though that sewer is vested 
 in the council, and they could enter on the private property for 
 repairing it. {Wood v. Ealing Tenants, Ltd., (1907) 2 K. B. 
 390; 76 L. J. K. B. 764.) 
 
 The owner or occupier of premises outside the district has a 
 similar right subject to the payment and conditions agreed 
 upon between him and the council, or, in case of dispute, as 
 may be settled, at the option of the owner or occupier, by a 
 Court of summary jurisdiction or by arbitration. (S. 22, 
 P. H. Act, 1875.) 
 
 In districts where Part III., P. H. Act, 1890, is in force the 
 council, on being requested to do so and on payment of the cost 
 in advance, must make the connection. The cost is to be esti- 
 mated by the surveyor. But if the person making the request 
 is dissatisfied with the estimate, he can, if it is under 50/., apply 
 to a Court of summary jurisdiction to fix the amount ; if it is 
 
320 DISTRICT COUNCILS. 
 
 over 50/., he can have the amount settled by arbitration. 
 (S. 18, P. H. Act, 1890.) 
 
 In districts where s. 38 of Part III., P. H. Act, 1907, is in 
 force, the council can require a drain which was in existence 
 before the section came into force in the district and does not 
 communicate with a sewer of the council to be laid open for the 
 inspection of the surveyor before connection is made with the 
 sewer. The drain will not be allowed to communicate with the 
 sewer until the surveyor has certified that such communication 
 may properly be made. (S. 38, P. H. Act, 1907.) 
 
 It is an offence for a person to allow to pass into a sewer of 
 the district council, or into a drain communicating with it, any 
 substance by which the free flow of sewage, or storm- or surface- 
 water may be interfered with, or by which the sewer or drain 
 may be injured. The offender is liable to a penalty of 10/. and 
 a daily penalty of 20s. (S. 16, P. H. Act, 1890.) 
 
 It is also an offence to turn into the council's sewer or into a 
 drain connecting with it — (a) chemical refuse; or (b) waste 
 steam or heated liquids of a higher temperature than 110° 
 Fahrenheit, which, either alone or in combination with the 
 sewage, causes a nuisance or is injurious to health. The offender 
 is liable to a penalty of 10/. and to a daily penalty of 5/. But 
 no person is to be liable until the council have given him notice 
 of this section or for an offence committed by him against it 
 within seven days after receiving the notice. But this notice 
 need not be given to the same person more than once. 
 
 The council's oflBcers, who have been authorized in writing 
 for that purpose, either generally or specially, can enter any 
 premises to see whether the provisions of this section are being 
 contravened. If an entry is refused, a justice on sworn com- 
 plaint being made by the officer, after reasonable notice in 
 writing of the intended complaint has been given to the person 
 in charge of the premises, can make an order requiring that 
 person to admit the officer. If any offence against the section 
 is found to be committed, the order will remain in force until 
 the offence has ceased or the work necessary to prevent its 
 recurrence executed. (S. 17, P. H. Act, 1890.) 
 
 N.B. — The above ss. 16 and 17 only apply in districts where 
 Part III. of the P. H. Act, 1890, has been adopted. 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 321 
 
 In Graham v. WrougJdon, (1901) 2 Ch. 451 ; 70 L. J. Cli. 
 673, the question was discussed whether a person who had a 
 right to turn slops into a sewer could also send faecal and solid 
 matter into it. The Court expressed an opinion that no such 
 right could be claimed. 
 
 When a person has the right to turn fsecal matter into a 
 sewer, it is for the council to see that the sewer is so arranged 
 that no pollution of a stream is caused thereby. {Ainley v. 
 Kirkheaton L. B. (1891), 60 L. J. Ch. 734.) 
 
 The district council must give facilities for enabling manu- 
 facturers in the district to drain the liquids proceeding from the 
 factories or manufacturing processes into the council's sewers. 
 There are, liowever, two provisoes : — 
 
 (i) the council are not to be compelled to admit into their 
 sewers any liquid which would prejudicially affect their 
 sewers or the disposal of sewage, or which from its 
 temperature or otherwise would be injurious from a 
 sanitary point of view ; and 
 
 (ii) The council are not to be required to give such facilities 
 where their sewers are only sufficient for the require- 
 ments of their district. (S. 7, Rivers Pollution Act, 
 1876.) 
 
 This duty on the part of the council can be enforced by an 
 order of the County Court judge of the district. (S. 10, Rivers 
 Pollution Act, 1876.) 
 
 Apparently, where a factory has been given facilities for 
 turning its trade effluents into the council's sewers, the council 
 can withdraw those facilities if they find that their sewers are 
 prejudicially affected by the liquids, or that the sewers are not 
 sufficient for the purpose. (See judgment of Stirling, L. J., in 
 Eadwood v. Ilonlcy U. D. C, (1901) 1 Ch. 645 ; 70 L. J. Ch. 
 313.) 
 
 The object of the second proviso is to protect small districts 
 from the burden of having to alter a sewerage system which is 
 sufficient for the district in order to provide for the refuse of a 
 factory which may be established in its midst. {Pasmore v. 
 0.vcahlt,ciHtl€ U. D. C, (1898) A. C. 397 ; 67 L. J. Q. B. 635.) 
 
 An urban council may provide a map of the system of 
 sewerage in the district. This map must be kept in the council 
 
 c. Y 
 
322 DISTRICT COUNCILS. 
 
 office, and be open to the inspection of the ratepayers. (S. 20, 
 P. H. Act, 1875.) 
 
 Sanitary Arrangements of Houses. 
 
 If a house in the district is without a drain, or the drains are 
 not sufficient for the effectual drainage of the house, the council 
 can require, by notice in writing, the owner or occupier to make 
 a covered drain to empty into the council's sewer, if there is a 
 sewer not more than 100 feet from the house. If there is no 
 sewer within this distance, the council can require that the drain 
 shall empty into a cesspool or other receptacle (not under a 
 house) as they may direct. 
 
 The council can also direct what the level, fall and size of a 
 drain shall be, and of what material it is to be composed. If 
 their requirements are not complied with, they can do the work 
 themselves and recover the expenses from the " owner " of the 
 house, or may declare the expenses to be private improvement 
 expenses. 
 
 But if when dealing with two or more houses under this 
 section the council think it would be less expensive to make a 
 new sewer and cause the houses to di-ain into it than to require 
 them to drain into an existing sewer, the council can construct 
 the new sewer and cause the houses to drain into it. The 
 expense of making the new sewer can be apportioned among 
 the owners of the houses, or the council can declare them to be 
 private improvement expenses. (S. 23, P. H. Act, 1875.) 
 
 N.B. — Though the notices under this section may be served 
 by the council on the owner or occupier of the house, unless the 
 expenses are not declared private improvement expenses, the 
 owner is the person liable to the council for their expenses. 
 
 " Owner" is defined by s. 4, P. H. Act, 1875, as the person 
 for the time being receiving the rack-rent of the premises {i.e., 
 a rent which is not less than two-thirds of the net annual value 
 of the property), whether on his own account or as agent or 
 trustee for any other person, or who would receive this rent if 
 the premises were let. 
 
 If the council consider that a house drain connected with a 
 sewer, though sufficient for the effectual drainage of the house, 
 is not adapted to the general sewerage system of the district. 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 323 
 
 they can close up the old drain on suhstituting for it a new 
 drain or drains equally effectual and communicating with a 
 sewer. The work must be done at the expense of the local 
 authority. (S. 24, P. H. Act, 1875.) 
 
 The council can agree with an owner of premises who is 
 required (e.g., as supra), or who desires to make, alter, or enlarge 
 a sewer or drain, to do the work themselves (s. 18, sub-s. 3, 
 P. H, Act, 1890), at the expense, to be agreed upon, of the owner. 
 
 N.B. — This section only applies in districts where Part III., 
 P. H. Act, 1890, has been adopted. 
 
 In an urban district (a rural council can be invested by 
 L. G. B. with powers under the section), no new house must be 
 erected, and no house which has been pulled down must be 
 rebuilt, without drains being constructed for it. The council, 
 acting on the report of their surveyor, can decide what shall be 
 the level, fall, size and material of the drains. These drains 
 must empty into a sewer of the council if there is one within 
 100 feet from the site of the house ; and, if there is no sewer 
 within this distance, into such cesspool or place, not under a 
 house, as the council direct. 
 
 A person erecting a house without providing it with drains is 
 liable to a penalty of 50/. (S. 25, P. H. Act, 1875.) 
 
 The council can require a person erecting houses to connect 
 each house with the sewer by means of a separate drain — other- 
 wise the council might have foisted upon them a construction, 
 such as a combined drain, which might be a " sewer " repairable 
 by them. ( Woodford U. D. C. v. Stark (1902), 18 T. L. E. 439.) 
 But the council cannot require a builder to lay two separate 
 drains from a house — one for sewage and the other for surface 
 water — to connect with two separate sewers when one sewer is 
 sufficient to carry off the drainage of the house. {Mattheus v. 
 Strachan, (1901) 2 K. B. 540 ; 70 L. J. K. B. 806.) 
 
 Pain- water pipes used for carrying off water from a roof must 
 not be used for carrying off tlie soil or drainage from a privy or 
 water-closet. A person offending against this section is liable to a 
 penalty of bl. and a 40«. daily penalty, (S. 36, P. H. Act, 1907.) 
 
 No water-pipe, stack-pipe, or down-spout used for conveying 
 surface water from any premises must be used as a ventilating 
 shaft to a drain. A person who, after receiving fourteen days' 
 
 t2 
 
324 DISTRICT COUNCILS. 
 
 notice from the council of the provisions of this enactment, 
 offends against the section is liable to a penalty of 40s. and a 
 daily 20s. penalty. (S. 37, P. H. Act, 1907.) 
 
 If on the report of the surveyor, medical officer, or inspector 
 of nuisances it appears to the council that any building is not 
 provided with a proper sink or drain, or other necessary 
 appliance for carrying off refuse water from the building, the 
 council can by notice in writing require the owner or occupier 
 to provide what is necessary. The notice must specify the 
 manner and time (not less than twenty-eight days) in which 
 the sink, &c. must be provided. Should the person served with 
 the notice make default he is liable to a 5/. penalty and a 40s. 
 daily penalty, and the council can provide the required sink, &c. 
 and recover the expense of so doing from the defaulter sum- 
 marily as a civil debt. (S. 49, P. H. Act, 1907.) 
 
 JV.JB. — Ss. 36, 37 and 49, supra, are only in force in districts 
 to which they or the whole of Part III., P. H. Act, 1907, have 
 been applied by order of the L. G. B. 
 
 S. 41, P. H. Act, 1875, empowers a district council, on 
 receiving a written complaint from any person that a drain, 
 privy, cesspool, &c. of any premises in the district is a nuisance 
 or injurious to health, to examine the subject of the complaint. 
 This section has been extended by s. 34, P. H. Act, 1907, so as 
 to enable the council, in districts where s. 34 of Part III. of the 
 1907 Act is in force, to exercise the powers given bys. 41 of the 
 1875 Act when, on the report in writing of their surveyor or 
 inspector of nuisances the council have reason to suspect that a 
 drain, water-closet, earth-closet, privy, ashpit, or cesspool is 
 a nuisance or injurious to health. 
 
 The procedure to be followed by the council on receiving the 
 complaint or the report above-mentioned is as follows : The 
 council can give authority in writing to their surveyor or 
 sanitary inspector to enter the premises, open the ground, and 
 to examine the drain, &c. Twenty -four hours' notice in writing 
 must, however, first be given to the occupier of the premises, 
 except in a case of emergency, when this notice may be 
 dispensed with. If on examination the drain, &c. is found to 
 be in proper condition, then any damage caused by the examina- 
 tion must be made good by and at the expense of the council. 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 325 
 
 But should the drain, &e. require alteration or amendment, the 
 council must forthwith give written notice to the owner or 
 occupier to do the work needful, either immediately or within 
 the time specified in the notice. 
 
 If the notice is not complied with, the defaulter is liahle to a 
 lO.s. penalty for each day he continues to make default, and the 
 council can execute the work and recover the expenses from the 
 owner of the premises or else declare them to he private improve- 
 ment expenses. (S. 41, P. H. Act, 1875.) 
 
 N.B. — There is an appeal against the district council's 
 requirements to the L. G. B. (S. 268, P. H. Act, 1875.) 
 
 A joint notice may be served on the owners of several houses 
 reqmring them to do jointly the works specified in the notice. 
 {Lancaster v. Barnes U. D. C, (1898) 1 U. B. 855 ; 67 L. J. 
 Q,. B. 744.) Where a person served with this notice disputes 
 his liability, but does the work required under protest, he can 
 recover the cost from the council if it is subsequently found that 
 the council were liable to do the work — e.g., that the drain was 
 a sewer, {ffaedicke v. Friern Barnet U. D. C, (1904) 2 K. B. 
 807.) 
 
 The twenty-four hours' notice which the section requires 
 should be given by the council to the occupier of the premises 
 before the sanitary inspector can enter on those premises need 
 not be given by the council to the owner before they can recover 
 from the owner the expenses incurred by the council in making 
 good the drain, &e. which the occupier has not put into repair. 
 {Bromley Corporation v. Cheshire, " The Law Times," Jan. 4th, 
 1908.) 
 
 If the medical officer, surveyor or inspector of nuisances 
 reports to the council that he has reasonable grounds for 
 believing that any drains of a building are so defective as to 
 be injurious or dangerous to health, the council can authorize 
 him to apply the smoke test or coloured water test or other 
 similar test, but not a test by water under pressure. But this 
 power can only be exercised if the owner or occupier of the 
 building consents to, or an order of a Court of summary juris- 
 diction having jurisdiction in the place where the building is 
 situate authorizes, the application of the test. 
 
 If, on the application of the test, the drains are found to be 
 
326 DisTRicrr councils. 
 
 defective, the council may, by notice specifying generally the 
 defect, require the owner to remedy it within a reasonable time 
 to be named in the notice. If he makes default, the council 
 can do the work and recover the expenses from the owner 
 summarily as a civil debt, or declare them to be private improve- 
 ment expenses. 
 
 The owner or occupier of the building must give all reason- 
 able facilities for the application of the test which has been 
 consented to by him or authorized by justices. Should he fail 
 to do so, he is liable, for each offence, to a penalty of 40s., and 
 a daily penalty of 20s. (S. 45, P. H. Act, 1907.) 
 
 A person can appeal to Quarter Sessions from the order of 
 justices ordering the application of the test. (S. 7, P. H. Act, 
 1907.) 
 
 N.B. — S. 45 is only in force when it or Part III., P. H. Act, 
 1907, has been applied to the district by L. G. B. order. 
 
 If, by the report of the medical officer, surveyor, or inspector 
 of nuisances, it appears to the council that any cesspool or other 
 receptacle, used or formerly used as a receptacle for obnoxious 
 matter or for the drainage of a house, or that any ashpit, well, 
 or disused well, belonging to a house is prejudicial to health or 
 otherwise objectionable for sanitary reasons, the council may, by 
 notice in writing, require the owner or occupier of the house to 
 fill up or remove the cesspool, &c. or to have it so altered as to 
 remove any sanitary objection to it, and to have any drain 
 connecting with it to be effectually disconnected or destroyed. 
 If such cesspool, &c. is used in common by the occupiers of two 
 or more houses, or parts of houses, it will be sufficient to serve 
 the notice for the filling up or removal on any one or more of 
 the owners or occupiers. 
 
 If default is made, the council may carry out the requisitions 
 of their notice, and can recover the expenses from the defaulters 
 summarily as a civil debt, or, where the owners are the persons 
 liable, as private improvement expenses. (S. 46, P. H. Act, 
 1907.) 
 
 A person can apppal to the L. Gr. B. against the council's 
 requisitions imder this section. (S. 7, sub-s. 2, P. H. Act, 1907.) 
 
 iV.5. — S, 46 is only in force in districts to which it or 
 Part III. of the 1907 Act has been applied by L. G. B. order. 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 327 
 
 It is an offence, entailing a 20/. penalty, to erect or to rebuild 
 a house without a sufficient water-closet, earth-closet, or privy, 
 or ashpit, furnished with proper doors and coverings. (S. 35, 
 P. H. Act, 1875.) This section does not mean that each 
 individual house must have a separate closet ; two houses may 
 have a closet in common if it is sufficient. {Clntton v. Pointing 
 (1879), 4 Q. B. D. 340 ; 48 L. J. M. C. 135.) 
 
 If a house appears to the council, on the report of the surveyor 
 or inspector of nuisances, to be without a sufficient closet or privy, 
 the council can give written notice to the owner or occupier 
 requiring him to provide a sufficient one. Two or more houses 
 may have one closet or privy in common if the council are 
 satisfied that it will be sufficient. 
 
 If the notice is not complied with, the council can do the 
 necessary work, and recover the expenses from the owner, or 
 declare them to be private improvement expenses. (S. 36, 
 P. H. Act, 1875.) 
 
 N.B. — The council cannot make use of this section to enforce 
 the carrying into effect of a general scheme for altering all 
 earth-closets in the district into water-closets. ( Wood v. Widnes 
 Corporation, (1898) 1 U. B. 463 ; 67 L. J. U. B. 254.) They 
 can, however, require the owner or occupier of a house to pro\ide 
 a different form of accommodation to the one in existence, e.g., 
 a water-closet for an earth-closet, should the surveyor or sanitary 
 inspector have reported it not to be sufficient {NichoU v. 
 Epping V. D. C, (1899) 1 Ch. 844 ; 68 L. J. Ch. 393) ; but the 
 council cannot insist on the adoption of any particular pattern 
 of sanitary appliance. ( Wood v. Widnes Corporation.) 
 
 Any enactment {e.g., a bye-law) in force in the district 
 requiring the construction of a water-closet may be deemed to 
 be satisfied, if the council approve, by the construction of an 
 earth-closet. When the council have approved of an earth- 
 closet, instead of a water-closet, being provided for a house, 
 they can agree with the water contractors for dispensing with a 
 supply of water to that house for water-closet purposes. 
 
 The council can undertake to supply, or can contract for the 
 supply of, dry earth or other deodorizing substance for earth- 
 closets in the district. 
 
 "Earth-closet" means, for the purposes of this section, any 
 
328 DISTRICT COUNCILS. 
 
 place for the reception and deodorization of fascal matter, wliicli 
 has been constructed to the council's satisfaction. (S. 37, 
 P. H. Act, 1875.) 
 
 With respect to any sanitary convenience used in common hy 
 the occupiers of two or more separate dwelling-houses, the 
 following provisions will have effect in districts where s. 21 of 
 Part III., P. H. Act, 1890, has been adopted :— 
 
 (i) A person improperly fouling or injuring such place is 
 liable to a 10s. penalty. 
 
 (ii) If such place, or the approaches to it, or its walls, floors, 
 seats, or fittings, are, in the opinion of the council or 
 their officer, a nuisance for want of proper cleansing, the 
 persons having the use of it are liable to a penalty of 
 10s. and a 5s. daily penalty. Alternatively, such a 
 place might be dealt with as a nuisance under s. 91, 
 P. H. Act, 1875 (p. 264). 
 
 The council must provide that all drains, water-closets, pri-vies, 
 ashpits, and cesspools in the district are constructed and kept so 
 as not to be a nuisance or injurious to health (s. 40, P. H. Act, 
 1875) ; and see as to the council's powers to make bye-laws 
 with regard to these matters, pp. 34, 306. 
 
 In districts where s. 39, Part III., P. H. Act, 1907, is in 
 force the council are given still further powers with regard to 
 the provision of closet accommodation : — 
 
 (a) On the deposit of building plans, the council can require 
 
 that the intended building shall be provided with such 
 number of water — or slop — closets as the council may 
 consider necessary. 
 
 (b) If on the report of the medical officer, or the surveyor, or 
 
 the inspector of nuisances, the council are satisfied 
 that a building has not been provided with sufficient 
 closet accommodation, and the case is not one in which 
 sufficient accommodation can be provided by the 
 alteration of any existing closet accommodation (see 
 sub-s. 4 sequifur), and where there are a sufficient 
 water supply and sewer, the council can, by notice in 
 writing, require the owner or owners to provide such 
 number of water- and slop-closets, or such one or 
 
SEWERS, DRAINS, SANITARY ARRANGEMENTS. 329 
 
 more of either class of closet as the cireumstances of 
 
 the case may render necessary. 
 
 If default is made, the council may, after the expiration of 
 
 the time (which must not he less than fourteen days) prescribed 
 
 in the notice, do the work and recover the cost summarily as a 
 
 civil debt from the defaulter. (S. 39, sub-s. 3.) 
 
 (o) The council, where there are a sufficient water supply and 
 sewer, may, by written notice to the owner or owners 
 of a building, require any existing closet accommoda- 
 tion to be altered, so as to be converted into a water- 
 closet or slop-closet. 
 If default is made, the council may, at the expiration of the 
 time (which must not be less than fourteen days) specified in 
 the notice, do the work themselves. 
 
 With regard to the payment of the expenses in case of 
 default being made by the owners, where the work of alteration 
 is done by the council in respect of a pail-closet, the expenses 
 must be borne by the council ; where the work of alteration is 
 done by the council in respect of any other existing closet 
 accommodation, half the expense must be borne by the council 
 and the other half by the owners, and is recoverable summarily 
 as a civil debt. 
 
 Every notice given by the council under sub-s. 4 requiring 
 the alteration of any existing closet accommodation must state 
 the effect of the sub-section. (S. 39, sub-s. 4.) 
 
 (d) A district council cannot exercise any of the powers 
 given by this s. 39 with regard to slop-closets unless 
 and until the L. G-. B. has been satisfied by the 
 council, and has by Order declared, that the circum- 
 stances of the district are such as to render it 
 necessary or expedient that the section should have 
 effect with respect to slop-closets. (S. 39, sub-s. 5.) 
 N.B. — Sub-s. 1 of s. 39 contains definitions of the expressions 
 used in the section : — 
 
 " Closet accommodation " includes a receptacle for human 
 excreta, together with the structure comprising such receptacle 
 and the fittings and apparatus connected with it. 
 
 " Pail-closet " means closet accommodation including a move- 
 able receptacle for human excreta. 
 
330 DISTRICT COUNCILS. 
 
 " Water-closet " and " slop-closet " mean closet accommoda- 
 tion used or adapted to be used in connection with the water 
 carriage system, and having proper communication with a 
 sewer, and having provision for the flushing of the receptacle, 
 in the case of a water-closet by means of a fresh water supply, 
 and, in the case of a slop-closet, by means of slops or waste 
 liquids of the household or rain water. 
 
 " A sufficient water supply and sewer " means a water supply 
 and a sewer which are sufficient and reasonably available for 
 use in, or in connection with, the efficient flushing and the 
 efficient removal of excreta from such number of water-closets 
 or slop- closets as the council require to be provided in any 
 particular case. (S. 39, sub-s. 1.) 
 
 When the council do any work under this s. 39 for the 
 common benefit of two or more buildings in different owner- 
 ships, the expenses which are recoverable by the council shall 
 be paid by the owners in such proportions as the surveyor, or, 
 in case of dispute, a petty sessional Court, may determine. 
 (S. 40, sub-s. 1.) 
 
 Expenses not recoverable by the council (see supra, s. 39, 
 sub-s. 4) are to be paid by the council as expenses incurred in 
 the execution of the P. H. Act, 1875. (S. 40, sub-s. 2.) 
 
 The council may declare the expenses recoverable from the 
 owners to be private improvement expenses. (S. 40, sub-s. 3.) 
 
 Any person duly authorized in writing by the coimcil must, 
 on production of his authority, be admitted on to premises for 
 the purposes of s. 39. If admission is refused, he can make 
 complaint on oath before a justice, who can thereupon make an 
 order for his admission. A refusal to obey this order to admit 
 entails a penalty of 5/. (S. 41.) 
 
 A person who deems himself aggrieved by any requirement 
 of the council under s. 39, supra, or who objects to the reason- 
 ableness of any expenses recoverable from him, may appeal, 
 within fourteen days after service of the notice or after demand 
 for payment, to a Court of summary jurisdiction. The order 
 of the Court is conclusive. 
 
 But a person, after demand for payment of the expenses has 
 been made, can only appeal as to the reasonableness of the 
 expenses, and cannot then raise any other question. Pending 
 
SKY-SIGNS. 331 
 
 the decision of the Court upon the appeal the council must not 
 execute any works to which their notice relates, and any pro- 
 ceedings which may have been commenced for the recovery of 
 the expenses must be stayed. (S. 43.) 
 
 iN^.^.— The above ss. 39 to 43 of Part III., P. H. Act, 1907, 
 are in force only in such districts to which they or the whole of 
 Part III. have been applied by L. Gr. B. Order. 
 
 A district council may undertake or contract for the cleansing 
 of earth-closets, privies, ashpits, and cesspools. (S. 42, P. H. 
 Act, 1875.) The word "and" is used distributively in the 
 section : the council can undertake the duty of cleansing all or 
 any of these different kinds of receptacle in the district. 
 {Sta inland Industrial Co. v. Stainland U. D. C, (1906) 1 K. B. 
 233 ; 76 L. J. K. B. 190.) 
 
 If the council undertake this duty, either by themselves or 
 by a contractor, and, after seven days from receiving notice 
 from the occupier of any premises that the privy or other 
 receptacle needs cleansing, they make default, the council are 
 liable to a daily penalty of 5s. (S. 43, P. H. Act, 1875.) 
 
 If any inn, public-house, beer-house, eating-house, refresh- 
 ment-house, or place of public entertainment has no urinal 
 attached to it, the council may, by notice in writing, require 
 the owner of the premises to provide and maintain on them one 
 or more proper and sufficient urinals in a suitable position. 
 
 If the owner fails to comply with the notice within a reason- 
 able time, he is liable to a penalty of 20s. and a 10s. daily 
 penalty. (S. 44, P. H. Act, 1907.) 
 
 N.B. — This section is only in force in districts to which it or 
 Part III., P. H. Act, 1907, has been applied by L. G. B. Order. 
 
 An owner of the above-mentioned premises can appeal to 
 Quarter Sessions against the council's requirements. (S. 7, 
 P. H. Act, 1907.) 
 
 (See further, with regard to a district council's powers in 
 respect of public urinals, p. IGO.) 
 
 Sky-signs. 
 
 In districts where Part IX., P. H. Act, 1907, is in force, a 
 sky-sign must not be erected or fixed to or upon any building, 
 
332 DISTRICT COUNCILS. 
 
 nor must any existing sky-sign be retained for a longer period 
 than three years after the date when this Part IX. comes into 
 force in the district, and then not without the license of the 
 council, which may be granted subject to such conditions as the 
 council think fit. 
 
 The license will become void : — 
 
 (i) If any addition to the sky-sign is made except for the 
 purpose of making it secure under the direction of the surveyor ; 
 (ii) if any change is made in the sky-sign ; (iii) if the sky- 
 sign or any part of it falls either through accident, decay 
 or other cause ; (iv) if any addition or alteration is made to or 
 in the building on, over, or to which the sky-sign is placed or 
 attached, if such alteration or addition involves the disturbance 
 of the sky-sign or any part of it; (v) if the building over, 
 on, or to which the sky-sign is placed or attached becomes 
 unoccupied or is destroyed. 
 
 If a sky-sign is erected or retained contrary to the above 
 provisions, the council can give the owner of the sky-sign 
 fourteen days' notice to remove it, and if he fails to do so, they 
 can have it removed, and can recover the expenses incurred by 
 them from the defaulter. A person contravening any of these 
 provisions or the conditions of a license, is also liable to a 
 penalty of 5/. and a daily penalty of 20<s. 
 
 " Sky-sign " means any word, letter, model, sign, device or 
 representation in the nature of an advertisement, announcement 
 or direction supported on or attached to any post, pole, standard, 
 framework, or other support wholly or in part upon, over, or 
 above any house, building or structure, which sky-sign, or any 
 part of it, shall he visible against the shy from some point in a street 
 or public way, and includes all and every part of such post, pole, 
 standard, framework, or other support. 
 
 " Sky-sign " also includes any balloon, parachute, or other 
 similar device employed wholly or in part for the purposes of 
 any advertisement or announcement on, over, or above any 
 house, building, structure, or erection of any kind, or on or 
 over any street or public way. 
 
 " Sky-sign " does not include — 
 
 (a) Any flagstaff, pole, vane or weathercock, unless adapted 
 
SLAUGHTEE-HOUSES. 333 
 
 or used wholly or in part for the purpose of any 
 advertisement or announcement ; 
 (b) Any sign or any board, frame, or other contrivance 
 securely fixed to or on the top of the wall or parapet 
 of a building, or on the cornice or blocking course of 
 a wall, or to the ridge of a roof. But such board, 
 frame, or other contrivance must be of one continuous 
 face and not open work, and must not extend in 
 height more than three feet above any part of the 
 wall, parapet, or ridge to, against, or on which it is 
 fixed or supported ; 
 (cj Any word, letter, &c, &c. relating exclusively to the 
 business of a railway or canal company, and placed 
 wholly upon or over the railway, canal, station, wharf, 
 quay, yard, platform, or approach to a station, wharf, 
 or quay belonging to the company, and so placed that 
 it cannot fall into a street or public place. (S. 91, 
 P. H. Act, 1907.) 
 N.B. — The above provisions will only be in force in districts 
 
 to which Part IX., P. H. Act, 1907, has been applied by order 
 
 of a Secretary of State. 
 
 Slaughter-houses. 
 
 An urban district council may provide their district with 
 slaughter-houses ; and if they do so, must make bye-laws for 
 their regulation and charges for their use. (S. 169, P. H. Act, 
 1875.) 
 
 An urban district council have the following powers of 
 regulating slaughter-houses in the district not provided by the 
 council : — 
 
 All slaughter-houses must be registered by the council. 
 
 Bye-laws may be made for their regulation by the council. 
 
 No new slaughter-house or knacker's yard (e.e., premises not 
 used as such in 1875, or at the date of a special Act, <?.</., a 
 local Improvement Act, incorporating the Towns Improvement 
 Clauses Act, 1847) must be used without the license of tlie 
 council. 
 
 N.B. — This license is a personal one, and does not attach to 
 
334 DISTRICT COUNCILS. 
 
 the premises, so that a fresh license is required on the death 
 of the licensee. {Goodwin v. Sale, (1907) 2 K. B. 278 ; 76 
 L. J. K. B. 654.) 
 
 The council's officers may enter a slaughter-house to inspect 
 it, the cattle, the carcases, and the meat there. Any meat 
 appearing to be unfit for human food may be seized and taken 
 before a justice, who can order its destruction. (S. 169, P. H. 
 Act, 18'^5, incorporating ss. 126 — 131, Towns Improvement 
 Clauses Act, 1847.) 
 
 The owner or occupier of a slaughter-house which has been 
 licensed or registered must, within one month from obtaining 
 the license or having his place registered, affix and keep on a 
 conspicuous part of the premises a notice, " Licensed slaughter- 
 house," or " Registered slaughter-house," as the case may be. 
 
 Failure to put up or to renew this notice after a written 
 requisition to that effect from the council entails a. 51. penalty, 
 and a penalty of 10s., after conviction, for every day while the 
 offence continues. (S. 170, P. H. Act, 1875.) 
 
 In districts where Part III., P. H. Act, 1890, has been 
 adopted, further provisions relating to slaughter-houses will 
 apply:— 
 
 A license for the use of a place as a slaughter-house is to 
 remain in force for such time, not less than twelve months, as 
 the council specify in the license. (S. 29, P. H. Act, 1890.) 
 
 JS'.B. — The council have no power to impose any condition 
 limiting the duration of the license to less than twelve months. 
 {Taylor V. Wimfovd U. D. C, (1907) 2 K. B. 396 ; 76 L. J. 
 K B. 897.) 
 
 When there is a change of occupier of a licensed or registered 
 slaughter-house, the person becoming the occupier or joint 
 occupier must give written notice of the change to the sanitary 
 inspector. If this notice is not sent within one month after the 
 change, there is a 5/. penalty. But notice of this requirement 
 must be endorsed on all licenses granted by the council after 
 the adoption of Part III. of the Act in the district. (S. 30, 
 P. H. Act, 1890.) 
 
 Justices can revoke a license if the licensee is convicted of 
 selling, or having on his premises, meat unfit for human food. 
 (S. 31, P. H. Act, 1890.) 
 
TELEPHONES AND POSTAL ARRANGEMENTS. 335 
 
 N.B. — Ss. 29, 30, 31 are only applicable to urban authorities, 
 unless a rural council are invested with urban powers by the 
 L. G. B. 
 
 " Slaughter-house " includes any building or place used for 
 slaughtering cattle, horses, or animals of any description for 
 sale. (S. 4, P. H. Act, 1875.) Premises where cattle were 
 "pined " or fasted previous to being slaughtered, were held to 
 be a slaughter-house, although the beasts were killed at some 
 other place. [Hides v. Littlejohn (1896), 74 L. T. 24.) 
 
 A knacker's yard, which must be licensed annually, is a place 
 kept for slaughtering horses and other cattle not killed for 
 butcher's meat. The licensing of knackers' yards was trans- 
 ferred from Quarter Sessions to the district council by s. 27, 
 sub-8. 2, Local Government Act, 1894. 
 
 Telephones and Postal Arrangements. 
 
 The Postmaster-General has the exclusive right of transmitting 
 public telegrams and telephone messages ; but he may authorize 
 other persons, e.g., a district council, by special license to esta- 
 blish a telephone system in the district. (S. 4, Telegraph Act, 
 1869.) 
 
 An urban district council, which have obtained a license from 
 the Postmaster- General to provide a system of public telephonic 
 communication, may, defray the expenses incurred by them in 
 the matter as though incurred in the execution of the P. H. 
 Act, 1875, and may also borrow money as under that Act. 
 (S. 2, Telegraph Act, 1899.) 
 
 An urban district council may make a money grant so that a 
 new post office proposed to be established in the district by the 
 Postmaster-General shall be on a more expensive site, or of a 
 larger size, or more ornate a building than the Postmaster- 
 General would otherwise provide. Or, with the consent of the 
 L. G. B., the council may appropriate land belonging to them, 
 or may purchase land for this purpose. The costs of the council 
 can be charged on the rates or district fund, and money can be 
 borrowed for the purposes of exercising their powers under this 
 Act as under the P. II. Act, 1875. (S. 7, Post Office Act, 1891.) 
 
 A rural district council (Post Office Guarantee Act (No. 1), 
 
336 DISTKICT COUNCILS. 
 
 1891) and an urban council (Post Office Guarantee Act (No. 2), 
 1898) may undertake to pay to the Postmaster-General any loss 
 he may sustain by the establishment of a post office or by pro- 
 viding additional postal facilities which the council consider 
 would be for the benefit of any contributory place or places. 
 (S. 8, Post Office Act, 1891.) It makes no difference that the 
 post or telegraph office, or that the postal facilities, should be 
 established or provided outside the boundary of the district, if 
 the district council consider that the contributory place proposed 
 to be charged will be benefited. (Post Office Act (No. 1), 1 898.) 
 A rural council's expenses in the matter will be " special " 
 expenses, and must be apportioned among the contributory 
 places, if more than one is to be benefited by these postal 
 arrangements. (S. 8, Post Office Act, 1891.) 
 
 Tramways. 
 
 A tramway undertaking may be promoted either by means of 
 a private Bill or by means of a Provisional Order of the Board 
 of Trade, which Order must be confirmed by Parliament. 
 
 A Provisional Order authorizing the construction of a tram- 
 way may be obtained (a) by the district council, or (b) by any 
 other person or company with the consent of the council of the 
 district in which the tram-road is proposed to be laid. (S. 4, 
 Tramways Act, 1870.) 
 
 But if the local authority of the district or districts in which 
 two-thirds of the length of tramways is proposed to be laid do 
 consent, the Board of Trade may ignore the refusal of a 
 particular local authority to consent. (S. 5.) 
 
 N.B. — The same rule applies in the case of a promotion by 
 means of a tramway Bill. 
 
 A tramway Bill may be opposed on compliance with the 
 Standing Orders of Parliament with regard to private Bills. 
 
 See Promotion of Bills as to council's powers of opposing 
 Bills. 
 
 Two or more local authorities may make a joint application 
 for a Provisional Order, and the Board of Trade may empower 
 them to jointly construct and own the tramway. (S. 17, 
 Tramway Act, 1870.) 
 
TRAMWAYS. 337 
 
 An application for a Provisional Order must not be made by 
 a district council unless a resolution approving of the intention 
 to make such application has been passed at a special meeting 
 of the council, of which one month's notice must have been 
 given, and at which two-thirds of the members must have been 
 present and have voted. (S. 4, Tramways Act, 1870.) 
 
 The promoters' powers under a Provisional Order will cease, 
 unless the Board of Trade permits an extension of time, in 
 three events — (i) if they do not, within two years from the date 
 of the Provisional Order, complete the tramway and open it for 
 public traffic ; (ii) if within one year, or such shorter time 
 prescribed in the Order, the works are not substantially comr 
 menced ; or (iii) if the works, having been begun, are, in the 
 opinion of the Board of Trade, suspended without sufficient 
 reason. (S. 18, Tramways Act, 1870.) 
 
 A local authority with powers under a Provisional Order 
 which had purchased some lands (on which no buildings had 
 been erected) and which had entered into two contracts (under 
 which nothing had been done) were held not to have made a 
 substantial commencement of works, and consequently their 
 powers under the Order ceased. {A.-O. v. Bournemouth 
 Corporation, (1902) 2 Ch. 714; 71 L. J. Ch. 730.) 
 
 When a district council have completed a tramway, instead 
 of working it themselves, they may, with the approval of the 
 Board of Trade, lease it for a period not exceeding twenty-one 
 years. (S. 19, Tramways Act, 1870.) 
 
 A local authority's expenses in connection with the construc- 
 tion of a tramway are payable out of the rates, and they can 
 borrow money subject to the sanction of the Board of Trade. 
 (S. 20, Tramways Act, 1870.) 
 
 Before opening or breaking up a road for the purposes of 
 tramway construction, the promoters must give seven days' 
 notice to the council. The work must be done under the super- 
 intendence of the council, unless they decline to exercise a 
 superintendence; and the promoters must pay the council the 
 reasonable expense of such superintendence. Without the 
 council's consent a greater length than 100 yards of a road 
 which is not more than a quarter of a mile in length must not 
 be broken up at a time ; and in the case of a road exceeding 
 
 c. z 
 
338 DISTRICT COUNCILS. 
 
 that length, not more than 100 yards at a stretch are to be 
 opened, and an interval of at least a quarter of a mile must be 
 left between two places where the road has been so broken open. 
 (S. 26.) The work must be completed with all convenient 
 speed within four weeks, unless the council otherwise consent in 
 writing, and the road reinstated, and the promoters must bear 
 the reasonable expenses of repairing the road for six months 
 after it is restored, so far as those expenses have been increased 
 by the breaking open of the road. There are penalties for 
 failure to comply with this section. (S. 27, Tramways Act, 1870.) 
 
 When the tramway, or work connected with it, will interfere 
 with a sewer, watercourse, subway, or with the sewerage or 
 drainage of the district, the promoters must not begin the work 
 until they have given fourteen days' notice, in writing, of their 
 intention to the council, nor until the council have, within those 
 fourteen days, signified their approval or have allowed that 
 period to elapse without signifying their disapproval. (S. 31, 
 Tramways Act, 1870.) 
 
 The promoters must give seven days' notice to a company 
 (this includes a council supplying their district with water or 
 gas) owning gas or water mains and pipes, together with a plan 
 of the proposed work, before the tramway is laid down. The 
 company, if they think that the proposed work will endanger 
 any main, or interfere with the supply of gas or water, can give 
 a counter-notice to the promoters, requiring them to lower or 
 otherwise alter the position of the pipes. Any difPerence of 
 opinion as to the necessity of lowering or altering pipes is to be 
 settled by arbitration. (S. 30, Tramways Act, 1870.) 
 
 N.B. — There is no time limit, as in the case of a notice under 
 s. 31, supra, for serving a counter- notice to a notice under this 
 B. 30. [Hastings Tramway Co. v. Hastings Gas Co. (1907), 
 76 L. J. Ch. 60.) 
 
 The district council may break up a tramway along a road 
 vested in them for any of the purposes connected with their 
 powers and duties as the highway or sanitary authority of the 
 district. Except in a case of emergency, eighteen hours' notice 
 must be given to the tramway company. If necessary, the 
 council can require the traffic to be stopped, and they will not 
 be liable to the company for compensation for loss of trafiic. 
 
TRAMWAYS. 339 
 
 The work must be done to the reasonable satisfaction and under 
 the superintendence of the tramway company ; but the company 
 must bear any additional expense imposed on the local authority 
 by reason of the tramway having been laid where mains, pipes, 
 wires, &c. were in the road before the tramway was constructed. 
 (S. 32, Tramways Act, 1870.) 
 
 Any difference or dispute arising between the local authority 
 and the tramway promoters in relation to tramway works under 
 the above sections is, on the application of either party, to be 
 settled by a referee appointed by the Board of Trade. (S. 33, 
 Tramways Act, 1870.) 
 
 N.B. — This section does not apply to a dispute between the 
 tramway company and the council as to the liability to repair 
 the junction between the roadway and the tramway. [Noncich 
 Corporation v. Noncich Electric Tramways Co.^ (1906) 2 K. B. 
 119; 75 L. J. K. B. 636.) 
 
 A district council may, by special resolution, decide to pur- 
 chase a tramway undertaking in their district. This power 
 may be exercised within six months after the expiration of 
 twenty- one years from the time when the promoters were 
 empowered to construct the tramway ; or within six months 
 after the expiration of every subsequent seven years ; or within 
 three months after a Board of Trade Order terminating the 
 promoters' powers on account of their insolvency or by reason of 
 their discontinuance for three months to work the tramway. 
 (S. 43, Tramways Act, 1870.) 
 
 The special Act or Provisional Order may, however, prescribe 
 other periods in which this compulsory power of purchase may 
 be exercised by the council. 
 
 The same requirements as in the case of a resolution to apply 
 for a Provisional Order must be complied with in the case of a 
 resolution to buy a tramway undertaking. Notice in writing 
 must be served on the tramway company requiring them to sell, 
 and thereupon they must sell on payment of the then value 
 (exclusive of any allowance for past or future profits or com- 
 pensation for compulsory sale or other consideration) of the 
 tramway, buildings, works and plant suitable to and used by 
 them for the purpose of the undertaking within the district. 
 (8. 43, Tramways Act, 1870.) 
 
 22 
 
340 DISTRICT COUNCILS. 
 
 If^.B. — A depot for tramcars situated outside the district is a 
 building used by the promoters for the purposes of their under- 
 taking within the district. {Manchester Tramway Co. v. Swinton 
 and Pendlehury U. D. C. (1904), 90 L. T. 795.) 
 
 In case of a difference between the parties, this value is to be 
 determined by a referee appointed by the Board of Trade. 
 
 The purchase-money may be paid from the rates, and the 
 council may borrow the money necessary, with the sanction of 
 the Board of Trade. 
 
 When the sale has been made, all the rights and powers of 
 the promoters are transferred to the council. (S. 43, Tramways 
 Act, 1870.) 
 
 The council cannot take possession of the undertaking until 
 the purchase-money has been actually paid. {Manchester Tram- 
 ways Co. V. Manchester Corporation and Strctford U. D. C. (1902), 
 87 L. T. 678.) 
 
 The above section deals Avith a compulsory sale, but the 
 promoters, after a tramway has been opened for traffic for six 
 months, may, with the consent of the Board of Trade, sell the 
 undertaking to the local authority. 
 
 The same special resolution must be passed by the council to 
 purchase, and the council have similar powers as to providicg 
 the purchase-money as in the case of a compulsory purchase 
 under s. 43, suj)ra. (S. 44, Tramways Act, 1870.) 
 
 Subject to the provisions of the special Act authorizing a 
 particular tramway, the district council can make bye-laws as 
 to : (i) the rate of speed of tramcars ; (ii) the distances at which 
 trams are to follow one another; (iii) the stopping of cars; 
 and (iv) the traffic on the roads where the tramway is laid. 
 These bye-laws must be approved by the Board of Trade, and a 
 copy of them must be sent to the promoters. The bye-laws 
 must also be advertised for two successive weeks in the local 
 newspapers within one month after having been made. A copy 
 of the regulations which the promoters are authorized to make 
 must be sent by them to the council. (S. 46, Tramways Act, 
 1870.) 
 
 A council have the same powers of licensing the drivers and 
 conductors of trams as they have • with respect to hackney 
 carriage drivers. (S. 48, Tramways Act, 1870.) 
 
UNEMPLOYED WORKMEN — UNSOUND FOOD. 341 
 
 Unemployed Workmen. 
 
 The Unemployed "Workmen Act, 1905, whicli Act is in force 
 for three years only (s. 8), provided for the establishment, by 
 L. G. B. Order, of a distress committee for each municipal 
 borough and urban district with a population of not less than 
 50,000. But the council of an urban district with a population 
 of less than 50,000, and more than 10,000, may apply to the 
 L. Gr. B. for the establishment of a distress committee, and, if 
 the Board consents, this committee may be formed. The 
 L. Gr. B., moreover, can, on or without any application being 
 made by a County Council, district council, or board of guardians, 
 form a central body and distress committees for any particular 
 area. (S. 2.) Power was given to the L. Gr. B. to make 
 regulations as to the powers and duties of a distress committee, 
 and to provide in its Order for the constitution and proceedings 
 of these committees. (S. 4.) In pursuance of these powers the 
 L. G. B. has promulgated "The Urban Distress Committees 
 (Unemployed Workmen) Order, 1905," and " The Eegulations 
 (Organization of Unemployed), 1905." 
 
 A district councillor, a member of a distress committee 
 established under this Act, who was appointed registrar and 
 inquiry agent, at a weekly salary, by the committee, was held 
 to hold a paid office under the council, and therefore to be 
 disqualified for membership of the district council under s. 46, 
 Local Government Act, 1894. {Crump v. Leiris, " The Times," 
 Feb. 12th, 1908.) 
 
 Unsound Food. 
 
 The medical officer or inspector of nuisances may at all 
 reasonable times inspect any animal, carcase, meat, poultry, 
 flesh, fish, fruit, vegetables, com, bread, flour or milk *' exposed 
 for sale, or deposited in any place for the purpose of sale, or of 
 preparation for sale and intended for the food of man." If any 
 such article of food appears to the officer to be unfit for human 
 food, he may seize it and have it removed in order that it may 
 be dealt with by a justice. (S. 116, P. H. Act, 1875.) The 
 justice, if satisfied that it is unfit for human food, can order it 
 
342 DISTRICT COUNCILS. 
 
 to be destroyed. (S. 117, P. H. Act, 1875.) It is not necessary 
 to give notice to the owner before applying to the justice to 
 condemn the article seized. ( White v. Redfcrn (1879), 5 Q. B. D. 
 15 ; 49 L. J. M. C. 19.) In districts where s. 28 of Part III., 
 P. H. Act, 1890, has been adopted, s. 116, snpro, applies to 
 " all articles intended for the food of man sold or exposed for 
 sale, &c." ; and a justice may condemn and order the destruction 
 of such an article as under s. 117, if satisfied on complaint being 
 made to him that it is unfit for human food, although it has not 
 been seized as mentioned in s. 116. (S. 28, P. H. Act, 1890.) 
 The word " sold " in this section does rot create a new offence. 
 {Firth V. McPhail, (1905) 2 K. B. 300 ; 74 L. J. K. B. 458.) 
 Compensation is payable if the food ordered to be destroyed is 
 not in fact unsound. (See pp. 18, 19.) 
 
 The person to whom the condemned article " belongs or did 
 belong at the time of exposure for sale, or in whose possession 
 or on whose premises " it was found, is liable to a penalty of 20/. 
 for each article, or to imprisonment for three months. (S. 1 17.) 
 It is only the person who is exposing the article for sale, or has 
 it in his possession or on his premises for the purpose of sale 
 for human food at the time it is seized, who is liable to the 
 penalty under this section. So where a customer, who had 
 bought for his own consumption some unsound meat from a 
 butcher, handed it over to the sanitary inspector, it was held 
 that the butcher could not be convicted, as the conditions of the 
 section had not been fulfilled. (Vinter v. Hind (1883), 10 
 Q. B. D. 63 ; 52 L. J. M. C. 93.) Nor can a consignor of 
 unsound meat {e.g., a farmer sending up a carcase to a meat 
 salesman), although in a sense the meat is deposited by him for 
 the purpose of sale on the consignee's premises, be convicted 
 under this section if the meat is seized on the consignee's 
 premises. The only penalty such a person is liable to is that 
 his consignment may be ordered to be destroyed. {Bartow v. 
 Terrett, (1891) 2 Q. B. 107 ; 60 L. J. M. C. 104 ; Firth v. 
 McPhail {ubi supra).) Exposure for sale is not a necessary 
 ingredient of the offence. A person may be convicted in whose 
 possession unsound food is found deposited in any place for the 
 purpose of pr» paration for sale {Mallimon v. Carr, (1891) 1 Q.B. 
 48 ; 60 L, J. M, C. 34), in which case a quantity of unsound 
 
WATER SUPPLY. 343 
 
 meat, admittedly intended by a butclier for human food, was 
 seized when it was in his cart which was in an outhouse on 
 somebody else's premises. 
 
 The bui'den of proof that the article of food seized was not 
 exposed or deposited for sale and was not intended for human 
 food is on the person charged with the offence. (S. 116.) It 
 is not necessary for a conviction that the person should have 
 actual knowledge that the article of food was unsound. {Blaker 
 V. Tilhtone, (1894) 1 Q. B. 345 ; 63 L. J. M. C. 72.) But 
 where a butcher had on Saturday night put sound meat away 
 in a safe, and on Monday morning, before the safe had been 
 opened, the inspector entered the shop and asked to see the 
 meat in the safe, some of which had become unsound, it was 
 held on the evidence that whatever the butcher's intention may 
 have been on the Saturday night, he did not intend on the 
 Monday to expose this meat for sale until he had examined it. 
 {Wieland v. Butler-Hogan (1904), 73 L. J. K. B. 513.) 
 
 There is a penalty of 61. for preventing an officer from 
 inspecting food (s. 118) ; and a justice, on sworn complaint by 
 an officer of the council that he has reason to believe that there 
 is on any premises unsound food intended for sale for human 
 consumption, may grant a search warrant. There is a penalty 
 of 20/. for obstructing an officer who has this warrant. (S. 119, 
 P. H. Act, 1875.) 
 
 Water Supply. 
 
 Council's Obligations as Sanitary Authority. 
 
 Public wells, pumps, conduits, &c. used for the gratuitous 
 supply of water to the inhabitants of the district vest in and are 
 under the control of the district council. 
 
 The council can provide for there being a plentiful supply of 
 wholesome water from these sources of supply, or they may 
 substitute other equally convenient sources of supply. 
 
 Subject to the restrictions imposed by ss. 52 and 53, P. H. 
 Act, 1875, infra, the council can construct other similar works 
 for supplying water gratuitously to the inhabitants for their 
 own personal use, but not that they may sell it. (S. 64, P. H. 
 Act, 1875.) 
 
344 DISTRICT COUNCILS. 
 
 If it is represented to the district council that the water in a 
 well, tank, or cistern, public or private, or that the water sup- 
 plied from a public pump is polluted so as to be unfit for use for 
 domestic purposes, the council can take steps for remedying it. 
 
 They must apply to a Court of summary jurisdiction, and 
 the Court, after summoning before it the persons interested, can 
 make a closing order or an order for preventing injury to the 
 health of persons drinking the water. 
 
 The Court may order the water to be analysed at the council's 
 expense. 
 
 If the person on whom the order is made fails to comply with 
 it, the Court, on their application, can authorize the council to 
 carry the order into effect. 
 
 The expense so incurred can be recovered summarily from 
 the defaulter. 
 
 In a rural district these expenses, when not recovered or 
 recoverable by the district council, are to be " special " expenses. 
 (S. 70, P. H. Act, 1875.) 
 
 It is the duty of a rural district council to make a periodical 
 inspection of the water supply of the district. (S. 7, P. H. A.ct, 
 1878.) 
 
 If the rural district council or their officers have reason to 
 believe that a house has not a proper water supply, they can 
 enter the premises and make an inspection. 
 
 Ss. 102 and 103, P. H. Act, 1875 (see Nuisances, p. 271), 
 apply to entries by the council's officials in pursuance of their 
 powers under this section. (S. 7, P. H. Act, 1878.) 
 
 A house which is newly erected or rebuilt in a rural district 
 must not be occupied unless the owner has obtained a certificate 
 from the council (to be given on the report of the surveyor or 
 medical officer) that there is a sufficient water supply available 
 within a reasonable distance from the house. There is a 10/. 
 penalty on an owner who permits a house to be occupied without 
 having obtained this certificate. 
 
 If the council refuse the certificate the owner can apply to a 
 
 Court of summary jurisdiction for an order that the house may 
 
 be occupied without the certificate, which order the Court may 
 
 make after hearing both parties. (S. 6, P. H. Act, 1878.) 
 
 S. 62 of the P. H. Act, 1875, empowers any district council. 
 
WATER SUPPLY. 345 
 
 and s. 3 of the P. H. (Water) Act, 1878, a rural district council, 
 to compel houses to be provided with a proper supply of water. 
 The two sections, however, refer to different processes. S. 62 
 proceeds on the assumption that there is a water supply (whether 
 provided by the council or not) within a reasonable distance of 
 the house ; and the council can make the owner pay the cost of 
 connecting his house with this water supply. S. 3, on the other 
 hand, applies to the bringing of water {e.g., in mains) to within 
 a reasonable distance of the house, and then the owner can be 
 saddled with the cost of connecting his house with the water 
 supply, and also of bringing the mains within a reasonable 
 distance of his house. But there is a limitation as to the amount 
 of the costs which can be recovered from the owner by the local 
 authority laying down the mains. This limitation of cost 
 does not apply to proceedings under s. 62. ( West Lancashire 
 R. D. C. V. Ogilvy, (1899) 1 a B. 377 ; 68 L. J. Q. B. 215.) 
 
 On the report of their surveyor that a house is without a 
 proper water supply and such supply can be provided — 
 
 (a) At a cost not above the water rate authorized by any local 
 
 Act in force in the district ; or 
 
 (b) Where there is no such local Act, at a cost not exceeding 
 
 twopence a week ; or 
 
 (e) At a cost determined by the L. (x. B. on the council's 
 application, 
 the council can by notice in writing to the oimer of the jiouse 
 require him to furnish the house with a supply of water. 
 
 N.B. — The L. G. B. can, when a council apply under this 
 8. 62, make a general scale of charges for supplying water in 
 the district. (S. 8, P. H. Act, 1878.) 
 
 If the owner ignores the notice the council can execute the 
 necessary works themselves, or can arrange with a water com- 
 pany to make the connections, &c. ; and whichever of the two 
 supply the water can levy a water rate on the house. 
 
 The expenses of carrying out the requirements of their notice 
 can be recovered summarily from the owner, or the council can 
 declare them to be private improvement expenses. If an 
 owner is required under this section to take a supply of water 
 from an unreasonable distance his only remedy is to appeal to 
 
346 DISTRICT COUNCILS. 
 
 the L. Gr. B. under s. 268; P. H. Act, 1875. {West Lancashire 
 Ji. D. C. V. Ogilvi/y supra.) 
 
 S. 3 of the 1878 Act makes it the duty of a rural district 
 council to see that every occupied dwelling-house has within a 
 reasonable distance an available and sufficient supply of whole- 
 some water for household purposes. 
 
 If the sanitary inspector or medical officer reports that a 
 house is without such supply, and the council are of opinion 
 that it can be furnished at a reasonable cost, and that this cost 
 ought to be paid by the owner or defrayed as private improve- 
 ment expenses, they can proceed as specified below. 
 
 N.B. — The section limits the reasonable cost to a capital sum 
 the interest on which, at 5 per cent, per annum, would amount 
 to twopence or threepence a week, as may be determined by 
 the L. Gr. B. on the application of the council. This is rather a 
 roundabout way of saying that the cost is limited to a sum 
 of 13/. 
 
 The council must serve on the owner a notice in writing 
 requiring him within a specified time, not exceeding six months, 
 to provide his house with a proper water supply. This notice 
 can be withdrawn or modified if the council are satisfied by the 
 owner that their requirements are unnecessary. 
 
 If the first notice is ignored, a second notice must be served ; 
 and if within a month of its service this second notice has not 
 been complied with, the council can do the work themselves, 
 recovering the expenses from the owner, or they can declare the 
 expenses to be private improvement expenses. 
 
 Forms of the notices are set out in the Schedule of the Act. 
 
 The council can enter premises in order to execute these 
 works, and the provisions of ss. 102 and 103, P. H. Act, 1875 
 (see Nuisances, p. 271), apply in such a case. (S. 3, P. H. 
 Act, 1878.) 
 
 In the case of two or more houses whose owners have ignored 
 the notices under this section the council may, if it appears 
 desirable and not more expensive, provide a joint supply of 
 water to the houses and apportion the expenses among the 
 owners in such manner as the council think just. 
 
 Notice of apportionment must be served on the owners, and 
 an owner can within twenty-one days object to the apportion- 
 
WATER SUPPLY. 347 
 
 ment and apply to a justice to determine whether it is a 
 reasonable one or not. (S. 5, P. H. Act, 1878.) 
 
 If the owner who has been served with a notice under s. 3 
 objects — 
 
 (1) that the supply of water is not required ; or 
 
 (2) that the time limit specified in the notice is not sufficient ; 
 
 or 
 
 (3) that it is impracticable to provide a water supply at a 
 
 reasonable cost ; or 
 
 (4) that the council ought to supply the water or render it 
 
 wholesome; or 
 
 (5) that the whole or a part of the expense ought to be a 
 
 charge on the district or contributory place in which 
 
 his house is situated, 
 he can, within twenty-one days from receiving the second notice 
 under s. 3, address a memorial of his objections to the council, 
 and they must not in that case proceed to execute any works 
 until authorized to do so by a Court of summary jurisdiction or 
 by the L. G. B. 
 
 If his objections do not include (4) or (5), the Court, after 
 hearing both parties, can, on the council's application, give the 
 necessary leave to proceed with the work. If they do include 
 (4) or (5) the council must send a copy of the memorial to the 
 L. Gr. B. The Board, inter alia^ has power to order the expense 
 of providing this water supply to be apportioned between the 
 owner and the council. If the L. G. B. cancels the council's 
 notice on the ground that they ought to provide the supply, this 
 memorial is to be treated as a complaint (p. 82) imder s. 299, 
 P. H. Act, 1875. (S. 4, P. H. Act, 1878.) 
 
 A district council can be compelled to provide a proper water 
 supply by the L. G. B. or by the County Council on complaint 
 being made to those bodies that the district council have failed to 
 provide a supply of water when danger arises to the health of 
 the inhabitants from the insufficiency or unwholesomeness of the 
 existing supply of water, and a proper supply can be got at a 
 reasonable cost. (See p. 82.) 
 
 Any person may complain to the L. G. B. on this score ; but 
 a complaint of the neglect of a rural district council made to 
 
348 DISTRICT COUNCILS. 
 
 the County Council must be by means of a resolution of the 
 parish council. 
 
 N.B. — Though a parish council can utilize wells, springs or 
 streams in the parish and provide facilities for obtaining water 
 therefrom (s. 8, sub-s. 1 [e]), the exercise of these powers by the 
 parish council will not relieve the district council of any 
 obligation with respect to the water supply. (S. 8, sub-s. 3, 
 Local Government Act, 1894.) 
 
 Water Supply by District Council. 
 
 A district council, urban or rural, can undertake to supply 
 their district, or a part of it, with water. With this object the 
 council can (a) construct and maintain waterworks ; (b) take 
 waterworks on lease, and, with the consent of the L. G. B., 
 purchase waterworks or the right to take water in or outside the 
 district, or the rights and powers of a water company ; or (c) con- 
 tract for a supply of water. (S. 51, P. H. Act, 1875.) 
 
 " Water company " includes any local authority who have 
 acquired the power to supply water. (S. 4, P. H. Act, 1875.) 
 
 "Waterworks" includes streams, wells, pumps, reservoirs, 
 tanks, cuts, mains, pipes, engines, and all machinery, lands and 
 buildings used for supplying water. (S. 4, P. II. Act, 1875.) 
 
 A district council, on undertaking the water supply of the 
 district, must not injuriously affect other persons' rights over 
 streams and water (s. 332), e.g., the council, on becoming 
 riparian owners of part of a stream, must not interfere with the 
 flow of the water so as to prejudice another riparian owner. 
 (Roberts v. Gmjrfai R. D. C, (1899) 2 Ch. 608 ; 68 L. J. Ch. 
 757.) 
 
 Before beginning to construct waterworks within the limits 
 of supply of a water company, the council must give the 
 company notice in writing stating for what purposes and to 
 what extent they require water. If the company is able and 
 willing to provide a proper and efficient supply for the council's 
 requirements, the council cannot construct waterworks within the 
 company's limits of supply. (S. 52, P. H. Act, 1875.) 
 
 Any dispute on this subject is to be settled by arbitration, as 
 provided by the P. H. Act. (See p. 16.) 
 
 N.B. — This restriction only refers to a supply of water for 
 
WATER SUPPLY. 349 
 
 domestic purposes ; works for getting water to flush sewers are 
 not " waterworks " to which the requirements of s. 52 apply. 
 {West Surretj Water Co. v. Chertsey Union, (1894) 3 Ch. 513; 
 63 L. J. Ch. 806.) 
 
 The laying down of mains in their district not previously 
 supplied with water by the district council, which district 
 formed part of the limits of supply of another local authority, 
 was held to be a " construction " of waterworks prohibited by 
 s. 52. {Huddersfield Corporation v. Ravensthorpe U. D. C, (1897) 
 2 Ch. 121 ; 66 L. J. Ch. 581.) But the enlargement of existing 
 waterworks is not a " construction " to which the section applies. 
 {Cleveland Water Co. v. Redcar L. £., (1895) 1 Ch. 168; 64 
 L. J. Ch. 64.) 
 
 When the council supply their district with water they have 
 the same powers and are subject to the same restrictions for 
 carrying water mains as in the case of sewers under ss. 16 and 
 32—34, P. H. Act, 1875. (S. 54, P. H. Act, 1875.) (And 
 see pp. 80, 316.) 
 
 The council for the purpose of laying down water mains can 
 enter on and open a private street without the owner's consent 
 being necessary, but compensation (under s. 308, P. H. Act, 
 1875) must be paid by them to him for any damage done. 
 {milY. Wallasey L. B., (1894) 1 Ch. 133 ; 63 L. J. Ch. 1.) 
 
 Before beginning to construct a reservoir (other than a service 
 reservoir or tank which will not hold more than 100,000 
 gallons), the council must give at least two months' notice of 
 the intended work by advertisements in the local newspapers. 
 If any person who will be affected by the proposed works gives, 
 within that period, written notice to the council of his objection, 
 the work must not be begun without the sanction of the L. Or. B., 
 after an inquiry into the matter. (S. 53, P. H. Act, 1875.) 
 
 Two justices, if satisfied on complaint being made to them 
 (or without complaint) that a reservoir is dangerous, can order 
 it to be repaired. The form of the order is contained in the 
 Schedule to the Act. (Ss. 3 — 8, Waterworks Clauses Act, 
 1863.) 
 
 There is an appeal to Quarter Sessions against the order. 
 (S. 9, Act, 1863, incorporated with P. H. Act by s. 57, P. H. 
 Act, 1875.) 
 
350 DISTRICT COUNCILS. 
 
 "Water may be supplied from the council's waterworks to 
 public baths and washhouses or for manufacturing and trading 
 purposes on such special terms as may be agreed upon. 
 
 The council can also construct works for the gratuitous supply 
 of water to public baths and washhouses not established for 
 private profit, and for gratuitously supplying with water baths 
 and washhouses established by the council under the Baths and 
 Washhouses Acts. (S. 65, P. H. Act, 1875.) 
 
 If the council supply their district with water, they can, with 
 the consent of the L. Gr. B., undertake to supply the council of 
 an adjoining district with water. The terms are to be such as 
 are agreed upon, or, in case of dispute, as are settled by 
 arbitration under this Act. (S. 61, P. H. Act, 1875.) 
 
 N.B. — The L. G. B. may limit its consent to allowing water 
 to be supplied to a part only of an adjoining district ; and in 
 such case no further supply of water can be made for an 
 increased area without the further consent of the L. Gr. B. 
 {Soothill U. D. a V. Wakefield R. D. C, (1905) 2 Ch. 516 ; 
 74 L. J. Ch. 703.) 
 
 A landowner who has contributed money towards the expenses 
 of a rural district council in supplying his lands with water 
 can, with the sanction of the Board of Agriculture, charge the 
 contribution on his land, as under the Improvement of Land 
 Act, 1864. This charge can be granted in favour of the district 
 council in order to secure payment when they and the land- 
 owner agree that the contribution shall be payable in half- 
 yearly instalments. This payment is in addition to any water 
 rates or rents the council may levy. A charge must not be 
 made for a term over twenty- five years. (District Councils 
 Water Facilities Act, 1897.) 
 
 A rural district council may, by a resolution to be approved 
 by the L. G. B., constitute any portion of their district a 
 separate contributory place for bearing the expenses of a water 
 supply there. (S. 277, P. H. Act, 1875.) When the council 
 have determined to adopt any plans for the water supply of a 
 contributory place they must give notice to the parish council 
 of the place before any contract for the carrying out of the 
 plans is entered into. (S. 16, sub-s. 3, Local Government Act, 
 1894.) 
 
WATER SUPPLY. 351 
 
 Where a rural district council supplied water to a village 
 which formed part of a contributory place, borrowing money 
 for the purpose, and in order to repay overdue instalments of 
 the loan levied a rate on the ichole contributory place, it was 
 held that the rate was rightly made, and that the ratepayers 
 within the contributory place were liable to pay the rate, even 
 though they did not themselves receive the benefit of the water 
 supplied to a particular village. {Horn v. Skaford R. D. C, 
 (1898) 2 a B. 358 ; 67 L. J. Q. B. 724.) 
 
 Rights and Obligations of Consumers. 
 
 A district council can compel houses to be provided with a 
 sufiicient water supply, see supra, s. 62, P. H. Act, 1875, and 
 s. 3, P. H. Act, 1878. 
 
 But when the council have laid down water pipes in a street 
 for supplying water, the council must lay down communication 
 pipes between a house and their pipe, when the house is of an 
 annual value not exceeding 10/,, on the request of the owner or 
 occupier, and on payment or tender of a quarter's water rate. 
 A charge, by way of an annual rent and in addition to the 
 water rate, may be made for these communication j)ipes. The 
 council are liable to a penalty if they neglect within seven days 
 after the above request, and payment or tender has been made, 
 to lay down a communication pipe. (Ss. 44 and 45, Waterworks 
 Clauses Act, 1847.) 
 
 Or the owner or occupier of a house may make the com- 
 munication with the council's main on giving fourteen days' 
 notice of his intention to do so, and two days' notice of the day 
 and hour when the work will be begun. The work must be 
 done under the superintendence of the surveyor, and the bore 
 of the pipe must not exceed the prescribed limits, and not more 
 than a half-inch when no Kmits are prescribed, without the 
 consent of the council. 
 
 For the purpose of making the connection the street can be 
 broken open. 
 
 The owner of the pipes may remove them on giving six days' 
 notice to the council of his intention and of the time when the 
 work will be begun, and subject to his paying compensation to 
 
352 DISTRICT COUNCILS. 
 
 the council for any injury caused to their pipes by such removal. 
 (Ss. 48—52, Waterworks Clauses Act, 1847.) 
 
 When the communication has been made between a house 
 and the council's main, and payment or tender has been made 
 of a quarter's water rate, the owner or occupier is entitled to 
 demand and receive a sufficient supply of water for domestic 
 purposes. (Ss. 44 and 53, Waterworks Clauses Act, 1847.) 
 
 A supply of water for " domestic purposes " does not include 
 a supply of water for cattle, or for horses, or for washing 
 carriages when the horses and carriages are kept for sale or hire, 
 or by a common carrier, or a supply for any trade, manufacture 
 or business, or for watering gardens, or for fountains, or for any 
 ornamental purposes. (S. 12, Waterworks Clauses Act, 1863.) 
 
 Water used for washing a private motor car belonging to a 
 doctor and used by him in connection with his practice, is water 
 used for a " domestic purpose " {Harrogate Corporation v. 
 Machay, (1907) 2 K. B. 611 ; 76 L. J. K. B. 977) ; and water 
 supplied for the use of the boarders in a boarding-house is a 
 supply for domestic purposes. The words " a supply of water 
 for any trade, manufacture or business," mean some more direct 
 use of the water in that business than the mere use of it by the 
 inmates of the house. {Per Channel!, J., in Pidgeon v. Great Yar- 
 mouth Watcncorl-s Co., (1901) 2 K. B. 310; 71 L. J. K. B. 61.) 
 
 But water supplied to a swimming-bath at a boys' school was 
 held not to be supplied for a " domestic purpose," though 
 Stirling, L.J., doubted whether water for a swimming-bath 
 used by the owner and his family would not be supplied for a 
 " domestic purpose." {Barnard Castle U. D. C. v. Wilson, 
 (1902) 2 Ch. 746.) 
 
 Water, of course, may be supplied for «o«-domestic purposes 
 subject to an agreed charge, and there is no liability, unless 
 there is an express stipulation to that effect, for failure by the 
 council to supply water other than for domestic purposes, if the 
 failure is due to frost, or unusual drought, or other unavoidable 
 cause. (S. 13, Waterworks Clauses Act, 1863.) 
 
 There is a penalty on the consumer for using water for non- 
 " domestic purposes " when the water is not supplied for such 
 purposes, or for using water supplied for non-^^ domestic 
 
WATER SUPPLY. 363 
 
 purposes " in a manner contrary to the agreement under which 
 it is so supplied. 
 
 In addition to the penalty, the council can recover the value 
 of the water misused. (S. 18, Waterworks Clauses Act, 1863.) 
 
 ])f.B. — The above enactments of the Waterworks Clauses Acts 
 are incorporated with the P. H. Act. (S. 57, P. H. Act, 1875.) 
 
 The water in the council's pipes may be constantly laid on 
 at a pressure that will carry it to the top storey of the highest 
 dwelling-house in the district. (S. 55, P. H. Act, 1875.) 
 
 And the water kept in the council's waterworks must be pure 
 and wholesome. (S. 55, P. H. Act, 1875.) 
 
 It is an offence, entailing a penalty of 51., for a person to 
 send a dog or other animal, or to put noisome things or filthy 
 water into " waterworks " belonging to the council. (S. 64, 
 Waterworks Clauses Act, 1847.) 
 
 There is a similar penalty if the consumer (a) wilfully or 
 negligently suffers or causes a pipe, valve, cock, cistern, soil-pan, 
 "w.c, or other apparatus to be out of repair, or so used that 
 water is wasted or contaminated ; (b) makes any alteration to a 
 service pipe or apparatus connected with it without the council's 
 consent ; and (c) there is a like penalty on a person who is not 
 a consumer taking water from a reservoir, cistern, or pipe 
 belonging to the council. (Ss. 17, 19, 20, Waterworks Clauses 
 Act, 1863.) 
 
 Further, if a consumer does anything or fails to do anything 
 which results in the waste, undue consumption, or contamination 
 of the water, the council can cut off the water supply, and cease 
 to supply him with water while the injury remains unremedied. 
 (S. 16, Waterworks Clauses Act, 1863.) 
 
 N.B. — The above enactments of the Waterworks Clauses 
 Acts are incorporated with the P. H. Act. (S. 57, P. H. Act, 
 1875.) 
 
 The council may (as to when they must, see infra) make a 
 water rate for water supplied by them to any premises. Or 
 they may supply water by measure — the council providing the 
 meter — at an agreed upon rent. (Ss. 56 and 58, P. H. Act, 
 1875.) 
 
 If ten ratepayers in an urban district, or five ratepayers of ^ 
 contributory place in a rural district, demand it, the council 
 
 C. A A 
 
354 DISTRICT COUNCILS. 
 
 must charge a rate or rent for the supply of water. (S. 10, 
 P. H. Act, 1878.) 
 
 The water rate is assessed on the net annual value of the 
 premises in the same manner as the general district rate. (S. 56, 
 P. H. Act, 1875.) 
 
 When several houses or parts of houses in separate occupation 
 by several persons are supplied with water by one common pipe, 
 the several owners or occupiers are each to pay as if the supply 
 was by a separate pipe. (S. 69, Waterworks Clauses Act, 1847.) 
 
 Water rates are payable in advance quarterly at Christmas 
 Day, Lady Day, Midsummer Day and Michaelmas Day ; and 
 the first payment is to be made at the time when the com- 
 munication pipe is laid down, or when the agreement to take 
 water is made. (S. 70, Waterworks Clauses Act, 1847.) 
 
 An occupier removing between two quarter days must pay 
 the rate to the next quarter day following his quitting the 
 premises. (S. 71, Waterworks Clauses Act, 1847.) 
 
 Owners of houses or parts of houses occupied as separate 
 tenements, of which (house or tenement) the annual value does 
 not exceed 10/., are liable (and not the occupiers) for payment 
 of the water rate. (S. 72, Waterworks Clauses Act, 1847.) 
 
 A water rate is a rate made under the P. H. Act, 1875 
 (p. 2'10), and can be recovered in the manner provided by that 
 Act for the recovery of rates. [Elliott v. Russell, (1902) 2 
 K. B. 748.) Moreover, if the rate is not paid when it is due, 
 the council can cut off the water supply of the premises, and 
 recover the expenses so incurred in addition to the rate. (S. 7, 
 Waterworks Clauses Act, 1847.) 
 
 When water is supplied by measure, the council must provide 
 the meter, and can agree as to the rent that is to be paid by the 
 consumer for the use of the meter. 
 
 The council must at their own expense keep the meter in 
 proper order, and for this purpose the council's officers can enter 
 premises at all reasonable hours to test, inspect, and remove and 
 replace meters. The consumer is not liable for rent for the 
 meter so long as the council suffer it to be out of order. (S. 58, 
 P. H. Act, 1875.) 
 
 The council's officers can also enter premises to inspect a 
 meter and to measure the quantity of water supplied and 
 
WATER SUPPLY. 355 
 
 consumed. This entry, except witli the sanction of a justice, 
 can only be made between 10 a.m. and 4 p.m. ; and there is a 
 penalty for obstructing the officer. (S. 15, Waterworks Clauses 
 Act, 1863.) 
 
 The register of the meter is prima facie evidence of the 
 quantity of water used, but any dispute on this matter between 
 the council and the consumer is to be settled, on the application 
 of either party, by a Court of summary jurisdiction. (S. 59, 
 P. H. Act, 1875.) 
 
 There is a penalty of 40s. for injuring a meter. (S. 60, 
 P. H. Act, 1875.) 
 
 Eents for water and for the use of meters can be recovered in 
 the same manner as water rates. (S. 56, P. H. Act, 1875.) 
 
 N.B. — The above enactments of "Waterworks Clauses Acts 
 are incorporated with P. H. Act. (S. 57, P. H. Act, 1875.) 
 
 A rural district council who provide a stand-pipe for the 
 supply of water can charge a water rate or rent for its use on 
 the owners or occupiers of the houses within 200 feet of it. 
 But if a house within these limits has a sufficient supply from 
 other sources, no charge must be made unless the inmates of the 
 house use the stand-pipe. (S. 9, P. H. Act, 1878.) 
 
 A a2 
 
INDEX. 
 
 Absence fbom Meetings, 
 
 when office vacant by reason of, 294. 
 
 Acceptance of Office, 
 
 declaration of, to be made by councillor, 94, 95. 
 fine for non-acceptance, 95. 
 
 fine for acting without having made declaration of, 95. 
 persons exempt from, 95. 
 
 Accounts, 
 
 audit of. See Audit. 
 
 financial statement of, and when to be made up, 20, 85. 
 
 to be open to inspection, 21. 
 
 under Housing of Working Classes Acts, 217. 
 
 under Private Street Works Act, 179. 
 
 Act, Local, 
 
 L. G. B. may repeal or alter, 81. 
 
 P. H. Acts not in derogation of, 81. 
 
 replaced by Infectious Diseases Notification Act, 224. 
 
 Adjustment of Property, &o. 
 
 on alteration of district, 71 — 73. 
 
 under Allotments Act, 1907, of E. D. C, 7. 
 
 Admiralty, 
 
 property of, d. c. cannot interfere with, 315. 
 
 Adoptive Acts, 
 
 what are, 4 — 6. 
 
 mode of adoption, 5, 6. 
 
 that parish can exclusively adopt, 4. 
 
 Advertisements, 
 
 control over, by d. c, 64, 65. See also Sky-signs. 
 
 Agricultural Land, 
 rating of, 99. 
 
 Agricultural Rates Act, 
 
 reduced assessments under, 107. ' 
 
 do not applv to general district 
 rate, 99. 
 
358 INDEX. 
 
 Alien, 
 
 disqualification of, 290. 
 
 Allotments, 
 
 accounts in connection with, 14. 
 acquisition of land for, restrictions on, 7, 9, 10. 
 compulsory purchase, 8. 
 compulsory hiring, 9. 
 buildings that may be erected upon, 11. 
 C. C, powers and duties of, as to, 7, 8. 
 d. c, when to acquire land for, 6, 7. 
 expenses of, 14, 15. 
 extent of, to be held by one tenant, 12. 
 
 to be provided by d. c, 7. 
 glebe land may be leased for, 8. 
 improvements by d. c. to, 10, 13. 
 
 compensation payable by d. c. to tenant, 12 — 14. 
 landlord to d. c, 13. 
 land superfluous or unsuitable may be sold or exchanged by 
 
 d.c, 11. 
 landlord, resumption of land by, 10. 
 letting of, 12. 
 management of, 11. 
 
 parish council to provide, in rural districts, 7. 
 pasture maybe acquired by d. c, 8. 
 
 regulations for use of, 11. 
 rates on, payable by d. c, 12. 
 rating of, 99, 107. 
 rent, calculation of, 12. 
 
 recovery of, 14. 
 tenancies, register to be kept by d. c, 11. 
 tenancy, when d, c. can terminate, 14. 
 tenant, removal of fruit trees, &c. by, 12. 
 Wardens allotment, may transfer management to d. c, 11. 
 
 Ambulance, 
 
 provision of, by d. c, 15, 231. 
 
 by Hospital Committee, 185, 187. 
 
 Animals, 
 
 bye-laws to prevent nuisance from, 272. 
 when a nuisance, 265. 
 
 Appeal 
 
 to Court of sum. jurisdict. against refusal of d. c. to certify use 
 
 of bakehouse, 115. 
 • refusal or suspension of 
 license for pleasure boats, 
 252, 
 requirement of d. c. as to 
 closet accommodation, 38, 
 330. 
 
INDEX. 359 
 
 Appeal — contin ued. 
 
 to L. Q-. B., procedure under P. H. Acts, 246. 
 
 against order or requirement of d. c. under P. H. 
 Acts, 1875, 1890, 1907, when it lies, 245, 246, 325. 
 against surcharge or allowance by auditor, 21, 22. 
 against formation of "hospital district," 183, 184. 
 against inspector's certificate under Rivers Pollu- 
 tion Act, 304. 
 by overseers against apportionment of expenses, 
 
 106. 
 by person aggrieved, when appeal lies, 167, 245, 
 
 246. 
 by ratepayers under Housing of Working Classes 
 Act, 198, 205. 
 to Quarter Sessions against demolition order under H. "W. 0. 
 
 Act, 208. 
 certificate of justices for stopping 
 
 or diverting highway, 134. 
 conviction, order, or judgment of 
 
 Court, 175, 246. 
 order of a Court to abate a 
 
 nuisance, 270. 
 order of a Court that a highway 
 
 is unnecessary, 121. 
 order or requirement of d. c. under 
 P. H. Acts, 1890 and 1907. .38, 
 246. 
 rate, 102, 246. 
 
 refusal of a license or consent by 
 d. c. under P. H. Acts, 1890 and 
 1907.. 246. 
 notice of, when to be given, 246, 247. 
 Apportionment 
 
 of expenses. See Private Streets and Surveyor. 
 
 Abbitration, 
 
 matters referable to, 9, 68, 72, 111, 122—124, 148, 150, 204, 
 212. 
 under P. H. Act, 15, 16, 18, 19, 44, 138, 
 165, 226, 317, 320. 
 mode of reference to, under P. H. Act, 16. 
 
 Arbitrator, 
 
 appointment of, under P. H. Act, 16, 17. 
 award of, 17, 18, 167. 
 costs of reference in his discretion, 1 7. 
 powers of, 17 — 19. 
 
 Arch 
 
 under carriage-way or pavement of street, restriction on build- 
 ing, 41. 
 repair of, 42. 
 
360 INDEX. 
 
 Art Gallery, 
 
 U. D. C. can provide, 87. 
 
 Ash-pit, 
 
 bye-laws as to, 34. 
 
 cleansing of, 306, 331. 
 
 infectious matter not to be put into, 229. 
 
 room over, not to be used as a dwelling, 189. 
 
 when a nuisance, 264, 324, 325. 
 
 when reported objectionable for sanitary reasons, 326. 
 
 Assessment, See Rate. 
 
 Attorney-General, 
 
 consent of, when required to recover penalty, 241. 
 when to be a party in proceedings by d. c, 129, 243. 
 
 Audit 
 
 of d. c.'s accounts, 20, 89. 
 
 of d. c.'s officers' accounts, 23. 
 
 of solicitors' bills of costs, 23. 
 
 ratepayers and owners may attend, 21. 
 
 may object to and appeal against allow- 
 ances, 21. 
 surcharge and disallowance by auditor, 21, 22. 
 recovery of, by d. c, 22, 23. 
 
 Auditor, 
 
 appointment of, 20. 
 
 can require production of accounts, &c., 21. 
 
 declaration of correctness of accounts, 21. 
 disallowance and surcharge by, 21, 22. 
 
 appeal against, 21, 22. 
 report of, on completion of audit, 23. 
 
 Bakehouse, Eetail, 
 what is a, 114. 
 sanitation, &c. of, 113 — 115. 
 underground, restrictions on use of, 115. 
 
 Balcony, 
 
 safety of, 49. 
 
 Ball-room, 
 
 safety of, 48, 49. 
 
 Band 
 
 in recreation ground, 297, 298. 
 
 Bank, 
 
 dangerous, 46. 
 
 Bankruptcy, 
 
 disqualification for membership ofd. c, 291, 292. 
 
INDEX. 361 
 
 Baebed Wire, 
 
 when a nuisance adjoining highway, 268. 
 
 Basin 
 
 vested in body by Act of Parliament, restriction on d. c.'s 
 powers as to, 315. ' 
 
 Bathing, 
 
 bye-laws as to public, 26, 27. 
 
 bathing sheds, &c. may be provided by d. c, 27. 
 
 life-saving apparatus, 27. 
 
 Baths and Wash-houses, 
 U. D. C. can provide, 23. 
 bye-laws as to, 24, 25. 
 charges for, 25, 26. 
 
 closing of swimming-bath in winter, 24. 
 expenses of, 26. 
 
 labouring classes, proportion of baths, &c. for, 26. 
 management of, 24, 25. 
 sale of unnecessary or too expensive, 26. 
 wash-houses with conveniences for drying clothes, 26. 
 
 detention of clothes to recover charges for use of, 26. 
 wash-tubs, charges for, 26. 
 water supply to, on favourable terms, 350. 
 
 Baths and Wash-house Acts, 
 adoptive Acts, 4, 23. 
 
 Beach, 
 
 taking of, for road repairs, 155. 
 
 Bedding, 
 
 infected, destruction of, 226. 
 
 disinfection of, 227, 229. 
 
 Bill in Parliament, 
 
 opposition to, by d. c, 285. 
 promotion of, by d. c, 285 — 288. 
 
 expenses of, 285, 288. 
 
 Bishop, 
 
 consecration of burial ground by, 55. 
 control over monumental inscriptions, 54. 
 
 use of disused burial ground and removal of tomb- 
 stones, 300, 301. 
 
 Board of Education, 
 
 grant by, to art and science school, 87. 
 
 Boats, Pleasure, 
 
 bye-laws as to, 65, 296. 
 
 d. 0. can provide, in recreation grounds, 296. 
 
 licensing of, 252, 296. 
 
362 INDEX. 
 
 Books, 
 
 exposure to infection, 229, 230, 233. 
 
 Borough Funds Acts, 285 — 288. 
 
 Borrowing by D. C. 
 
 for purposes of Baths and Wash-house Acts, 24. 
 
 burial ground, 52, 53, 
 
 Commons Act, 68. 
 
 Highways and Bridges Act, 1891 . . 136. 
 
 Housing of the Working Classes Act, 205, 213, 
 217. 
 
 Locomotives Act, 1898. . 148. 
 
 L. Q. B.'s regulations as to epidemics, 235. 
 
 Post Office Act, 335. 
 
 Public Library Acts, 89. 
 
 Small Dwellings Acquisition Act, 221. 
 
 Telegraph Act, 1 899 . . 335. 
 
 Tramways Act, 1870. .337, 340. 
 from Public Works Loans Commissioners, 28, 29. 
 regulations as to, 29. 
 security for loan, 27, 28, 30, 31. 
 
 Boundary Stones, 
 erection of , 1 53. 
 
 Bridge 
 
 a highway, 117. 
 
 carrying a main road vests in C. C, 122. 
 d. c.'s powers as to building, 127, 136, 153. 
 d. c. can agree with C. C. for building or improvement of, 136. 
 undertake maintenance of, repairable by other persons, 
 127. 
 locomotives and heavy motor cars on, 148, 149, 150. 
 railway, 126, 127. 
 
 Bridle-way 
 
 a highway, 117. 
 
 may be reserved on stopping up highway, 132. 
 
 Building, 
 
 damp in, caused by defective pipes, &c., 267. 
 
 dangerous, 45, 46. 
 
 d. c. can pull down, when erected contrary to bye-laws or 
 
 plans, 39, 40, 41. 
 must not be erected over sewer or under carriage-way of street, 
 41. 
 on ground filled up with offensive matter, 
 42. 
 "new building," what is the erection of, 33, 34. 
 obstructive, 209, 210, 213. 
 
INDEX. 363 
 
 Building — contmued. 
 
 precautions during building operations, 46. 
 projections from, in street, 43. 
 safety of, used as place of public resort, 48. 
 temporary, d, c.'s control over, 47, 48. 
 
 BurLDiNa Bye-laws, 
 
 as to alteration of building contrary to bye-laws, to prevent, 35. 
 
 chimneys, height and structure, 33. 
 
 closets, privies, and cesspools of buildings, 34. 
 
 closing of building unfit for habitation, 34. 
 
 drainage of buildings, 34. 
 
 house refuse removal, secondary means of access for, 35. 
 
 inspection of building works, 36. 
 
 plans and notice of intended building, 36. 
 
 room, height of, 35. 
 
 street, new, construction, «&c. of, 32. 
 
 structure of walls, «&c. of new buildings, 33. 
 
 structure of floors, hearths, and staircases, 35. 
 
 ventilation of buildings, 34. 
 exemption of railway companies and other public bodies from, 36. 
 when retrospective, 35, 40. 
 
 Building Line, 
 
 d. c.'s powers as to, 44, 45. 
 
 Building Plans, 
 
 approved of by d. c, 39, 40. 
 
 approved plan not to be departed from by builder, 40. 
 
 building erected without, or contrary to d. c.'s approval, may 
 
 be pulled down, 39 — 41. 
 building not described in plan as dwelling-house, not to be 
 
 used as such, 41. 
 deposit of, 36. 
 d. c. may retain, 37. 
 
 d. c. can modify plans of new street, 37, 38. 
 d. c. can require rounding off of proposed corner house, 38. 
 d. c. can require proposed building to have sufficient water- or 
 
 slop-closet, 38, 39. 
 new bye-laws may affect buildings after plans approved, 40. 
 
 Burial, 
 
 body not to be buried under or within 15 feet of chapel in ceme- 
 tery, 55. 
 when not to be buried under a church in an urban district, 
 65. 
 notice of, to be given, 58. 
 of corpse of infectious disease patient, 234. 
 of patient dying in isolation hospital, 187. 
 registration of, 59. 
 
 BUIILA.L Acts, 
 
 adoptive Acts, 4. 
 
364 INDEX. 
 
 BuBiAL Authority, 
 d. c. as the, 50. 
 borrowing powers of, 52, 53. 
 
 BuRiAx Board, 
 
 U. D. C. can take over powers, &c. of, 50. 
 
 Burial Ground, 
 
 d. c. can provide, under Interments Act, 1879. .60, 51. 
 
 Burial Acts, 52. 
 consecration of, 55. 
 
 disused burial ground, acquisition for open space, 299. 
 division of, into consecrated and unconsecrated parts, 55, 56. 
 erection of chapels in, 56. 
 
 exemption of, from private street worts, 167, 176. 
 expenses of, where provided under Interments Act, 1879. .52. 
 
 Burial Acts, 52, 53. 
 transferred to U. D. C from a former 
 Burial Board, 53. 
 fencing of, 54, 55. 
 
 grave in, regulation of position of, 55. 
 Home Office inquiries as to, 60. 
 interments in, charges for, 54. 
 management of, 53, 54. 
 monuments and inscriptions in, 54. 
 pollution of streams by, 306. 
 site of, restrictions on, 3, 51. 
 
 when in a town may be closed by Order in Council, 51. 
 may be outside the district, 52. 
 
 Burial Eate, 
 
 when may be levied, 53. 
 
 Burial Service, 
 
 table of fees to be prepared, 56. 
 
 fees, to whom payable, 57. 
 
 who to conduct service, 57. 
 
 notice as to, to be given, 58. 
 
 burial may be without religious service, 69. 
 
 penalty for disturbing, 59. 
 
 Bye-laws, 
 
 d. c.'s powers as to the making of, 61, 62. 
 
 d. c. cannot ignore their own bye-laws, 62, 63, 165. 
 
 may be made as to — 
 
 advertisements, 64, 65. 
 
 animals, keeping of, 272. 
 
 bathing, public, 26, 27. 
 
 baths and wash-houses, use of, 24, 25. 
 
 boats, 65, 296. 
 
 buildings. See Building Bye-laws. 
 
 closing of, unfit for habitation, 34, 35. 
 
INDEX. 365 
 
 Bye-laws — continued. 
 
 may be made as to — continued. 
 cesspools, 34.* 
 * chimneys, structure and height of, 33. 
 closets, &c. in buildings, 34. 
 
 public, 161. 
 commons, 67. 
 
 donkeys and horses standing for hire, 65. 
 drainage of buildings, 34. 
 esplanades, 64. 
 fire, prevention of, 33. 
 
 means of escape in factories and workshops, 112. 
 flushing of w.c, 35. 
 gymnasium, 86. 
 hackney carriages, 65. 
 hearths, structure of, 35. 
 hop-pickers' accommodation, 192. 
 lavatories, &c., public, 161. 
 library, public, 88. * 
 
 lodging-houses, 192, 194, 216. 
 markets, 258, 260. 
 mortuary, 50. 
 museum, 86. 
 
 nuisances, prevention of, 272. 
 offensive trades, 273. 
 omnibuses, 65. 
 
 porters and public messengers, 251. 
 promenades, 64. 
 recreation grounds, 298, 301. 
 refuse, house, removal of, 35. 
 rooms, height of, 35. 
 seashore, use of, 63, 64. 
 servants' registries, 253. 
 shooting galleries, 66. 
 slaughter-houses, 333. 
 snow, prevention of nuisance from, 273. 
 staircases, structure of, 35. 
 steam whirligigs and swings, 66. 
 streets, new. See Streets. 
 tramcars, 340. 
 ventilation of buildings, 34. 
 wash-houses, 25. 
 
 wires, telegraph and electric lighting, 150, 161. 
 yards, paving of, 35. 
 
 Oab. See Hackney Carriages. 
 
 Cabmbn's Shelters, 
 
 U. D. 0. can provide, 158. 
 bye-laws as to, 63, 158. 
 
366 INDEX. 
 
 Canai,, 
 
 definition of, by Canal Boats Act, 190. 
 
 is a "stream," under Rivers Pollution Acts, 302. 
 
 sewage or filthy water not to be conveyed into, 301, 315. 
 
 Canal Boat, 
 
 used as a dwelling, detention and disinfection of, 231. 
 registration of, 190, 191. 
 removal of infectious disease patient from, 
 231. 
 Canal Company, 
 
 bridges of, building and maintenance, 127. 
 exemption of, from private streets works expenses, 177. 
 from Part IL P. H. Act, 1907 . . 36. 
 
 Canal Path, 
 
 rating of, 99, 107. 
 
 Carriage. See Vehicle. 
 
 CARRLAOE--WAY, PRIVATE, 
 
 may become repairable at expense of parish, 121. 
 
 Cattle, 
 
 inspection of, 237, 238, 262. 
 
 market used for sale of, cleansing of, 260. 
 
 milk from diseased, not to be used, 262. 
 
 regulation as to driving of, through streets, 158. 
 
 straying on highway, 153. 
 
 weighing of, in market, 258. 
 
 Cellar, 
 
 repair of, under a street, 42. 
 restriction on use of, as a dwelling, 189, 190. 
 stagnant water in, 265. 
 
 under carriage-way or pavement of street, restriction on build- 
 ing, 41. 
 d. c. can carry sewer 
 under, 314. 
 Cellar Heads, 
 
 in street, repair of, 42. 
 
 Cemetery. See Burial Ground. 
 
 Cesspool, 
 
 bye-laws as to, 34. 
 
 cleansing of, 306, 331. 
 
 connection of drain with, 322. 
 
 not to communicate direct with dairy, 261. 
 
 not a "sewer," 309. 
 
 overflow from, 265. 
 
 room over, not to be used as a dwelling, 189. 
 
 when a nuisance, 264, 268—270, 324, 325. 
 
 when reported obnoxious for sanitary reasons, 326. 
 
INDEX. 367 
 
 Chairman, 
 
 appointment of, 75. 
 
 vice-chairman, 75, 76. 
 disqualification of. See Disqualijication. 
 has casting vote, 75, 76. 
 J.P. by virtue of office, 76. 
 to preside at meetings, 75, 256, 286. 
 to sign minutes, 75. 
 
 Chapel, 
 
 burials not to take place under, 55. 
 
 erection of, in burial ground, 56. 
 
 exempt from private streets works expenses, 166, 167, 176, 177. 
 
 safety of, 48, 49. 
 
 Chaplain, 
 
 d. c. cannot appoint, for burial ground, 53. 
 
 Chemical Eefuse, 
 
 injury to sewer by, 320. 
 
 Chimneys, 
 
 bye-laws as to, 33. 
 
 Cholera, Yellow Fever and Plaque Order, 235 — 237. 
 
 Church, 
 
 incumbent of, exempt from private street works expenses, 166, 
 
 167, 176, 177. 
 no burials under, in urban districts, 55. 
 safety of, 48, 49. 
 
 Churchyard. See Burial Ground. 
 
 Cistern, 
 
 water in, contaminated, 267, 344. 
 
 Cleansing of Persons Act, 
 no disqualification by, 290. 
 
 Clerk of D. C, 
 
 appointment of, 274, 275 
 
 cannot officiate as treasurer to the d. c, 275. 
 
 Returning Officer at elections, 89. 
 
 Clocks, Public, 
 
 d. c.'s powers as to, 153. 
 
 Closet Accommodation, 
 
 in common lodging-houses, 195. 
 in factories and workshops, 109. 
 in houses, d. c.'s powers as to, 38, 39, 327 — 330. 
 
368 INDEX. 
 
 Closet, 
 
 bye-laws as to, 34, 161. 
 
 condition of, when used in common, penalties for, 328. 
 
 earth-closet. See Earth-closet. 
 
 erection of, in place accessible from street, d. c.'s consent 
 
 required, 161. 
 flushing of water-closet, 35. 
 overflow from, penalty for, 265. 
 pail- closet, what is, 329. 
 public closets provided by d. c, 160 — 162. 
 rain-water pipe not to be used to carry off drainage from, 323. 
 slop- closet, what is, 330. 
 water-closet, what is, 330. 
 when a nuisance, 324, 325. 
 
 Clothes. See Bedding. 
 
 Committee, 
 
 appointment of, 76. 
 
 for purposes of Housing of Working Classes 
 Acts, 218. 
 approval of acts of, by d. c, 76. 
 cannot be authorized to make contracts, 69, 76. 
 make a rate, 76. 
 raise a loan, 76. 
 can be authorized to take legal proceedings, 76. 
 Distress. See Distress Committee. 
 Hospital. See Isolation Hospital. 
 Joint. See Joint Committee. 
 E. D. C. may form parochial, 76. 
 term of office of, 76. 
 
 Common, 
 
 d. c. must maintain rights of, 66, 243. 
 
 may contribute towards expense of recreation ground, &c. 
 
 on, 66. 
 may acquire use or rights of, 66. 
 expense of d. c. with regard to, 66, 68. 
 regulation of, under Commons Act, 66 — 69. 
 
 U. D. C. may contribute towards expenses of 
 other d. c. as to, 68. 
 road material, when may be taken from, 156, 
 
 Common Lodqing-hoxise, 
 bye-laws as to, 194. 
 definition of, 192, 193. 
 deputy keeper of, may be registered, 194. 
 entry into, by d. c.'s officers, 196. 
 infectious disease in, 196, 231. 
 keeper of, registration of, 193, 194. 
 lime- washing of, 196. 
 
INDEX. 369 
 
 Common Lodging-house — continued. 
 management of, 195. 
 notice tliat house is, 194. 
 offences with regard to, 196, 197. 
 registration of, 193, 194. 
 register of, to be kept by d. c, 193. 
 sanitary conveniences in, 195. 
 vagrants received in, report to d. c, 196. . 
 water supply of, 195. 
 
 Company, 
 
 councillor a shareholder in, restrictions on voting, 296. 
 
 Compensation, 
 
 amount payable under P. H. Acts to be settled by arbitration, 
 
 18, 19. 
 if under 20/. can be settled by court of summary juris- 
 diction, 16. 
 payable for allotments, improvements to. See Allotments. 
 
 building Une, setting back of, 44. 
 
 common, acquisition of interest in, 68. 
 
 corner house, rounding off of, 38. 
 
 damage or loss caused by d. c. in exercise of powers 
 under P. H. Acts, 18, 19, 37, 38, 44, 315. 
 
 disinfection, damage or destruction of articles, 226, 
 227. 
 
 land, compulsory acquisition of, for allotments, 9. 
 
 land, compulsory acquisition of, for widening high- 
 way, 135. 
 
 land, compulsory acquisition of, for housing pur- 
 poses, 200, 204, 212, 217. 
 
 mine-owner, for support by mine of sanitary works, 
 317. 
 
 new streets, alterations required by d. c. in pro- 
 posed, 37, 
 
 open space, to person deprived of interest in, 300. 
 
 sub-sod of street taken by d. c. when excavating, 
 138. 
 
 Conference, Public Health, 
 attendance of d. c. at, 80. 
 
 Constables, 
 
 d. c. can procure swearing in of, for duty in recreation ground, 
 298. 
 
 Contract by D. C. 
 
 for over 60/. must be in writing and under seal, 69. 
 
 100/. must be by tender, 24, 52, 70. 
 interest in, when disqualification for member of d. c, 292, 293. 
 not disqualification for member of d. c, 295. 
 by officer of d. c, when unlawful, 282 — 284. 
 
 C. J} IJ 
 
370 INDEX. 
 
 Contract by d. c. — continued. 
 
 matters that must be specified in, 70. 
 surveyor to report on intended, 70. 
 unsealed, confirmation of, 70. 
 
 Kability of d. c. under, 69, 70. 
 
 variation of, 70. 
 
 Contractor, 
 
 d. c. can compound with., for penalties under contract, 71. 
 liability of d. c. for negligence of, 144, 245. 
 
 Contributory Places 
 
 in rural districts, 104, 106, 313, 350, 351. 
 
 Conviction of Crime, 
 
 disqualification for membership of d. c, 290 
 
 Corner-house, 
 
 "front main wall" of, 45. 
 rounding off of, 38. 
 
 Corpse 
 
 of infectious disease patient, removal to mortuary, 234. 
 
 Corrupt Practices 
 
 at election a disqualification for membership of d. c, 293. 
 
 County Council, 
 powers of, 
 
 as to allotments, 7, 8, 11. 
 
 bridges, repair and building of, 122, 136. 
 
 commons, 66. 
 
 district, constitution of, 71. 
 
 district council, when unable to act, 73, 96. 
 
 default by rural, 82, 83, 313, 347. 
 district councillors, 
 
 number of, 71, 73. 
 
 period for retirement of, 129, 214. 
 
 voting of, when shareholders in company, 295. 
 education, 83, 84. 
 
 elections of district councillors, 91, 92, 93, 96. 
 expenses of E. D. C. under Housing Act, 105. 
 highways, 122—124, 136, 142. 
 hospitals, 182—185, 187, 188. 
 housing, 213, 214—217, 219. 
 locomotives on highways and bridges, 147, 148. 
 notification of births, 263. 
 officers of d. c, 276. 
 rivers pollution, 304. 
 
 Court, 
 
 cleansing of, private, 141. 
 may be a street, 117. 
 ventilation of, 43. 
 
INDEX. 371 
 
 CowKEEPEE. See Dairyman. 
 
 Creditors, 
 
 composition or arrangement with, disqualification for member- 
 ship of d. c, 291, 292. 
 
 Cremation, 
 
 charges for, 54. 
 registration of, 60. 
 
 Crematorium, 
 
 d, c. can provide, 50. 
 
 Home Office regulations as to, 60. 
 
 site of, 51. 
 
 Crown Factories, &c., 
 
 d. c. cannot enforce Factory Act with regard to, 111. 
 
 CuL de sac, 
 
 may be a highway, 117. 
 
 Dairies, Cowsheds and Milkshops Order, 261, 262. 
 
 Dairy, 
 
 what is a, 239. 
 
 inspection of, by Medical Officer and V. S., 237, 238, 262. 
 
 new, occupation of, d. c.'s control over, 261. 
 
 regulations by d. c. as to, 262. 
 
 sanitation of, 261, 262. 
 
 Dairyman, 
 
 what is a, 239. 
 
 registration of, by d. c, 261. 
 
 must notify cases of infectious disease, 222. 
 
 when to furnish lists of sources of milk supply, 239. 
 
 Dam, 
 
 d. 0. can purchase, when interfering with drainage, &c., 1. 
 when a source of danger, 46. 
 
 Damp, 
 
 in buildings caused by defective pipes, &c., 267. 
 
 Dancing, 
 
 closed swimming-bath may be used for, 24. 
 
 Dangerous Structures and Places, 45, 46. 
 
 Dealers, 
 
 game, licensing of, 249. 
 
 in old metal or marine stores, registration of, 254. 
 
 Demolition Order, 
 
 making of, by d. c. as regards house, 207, 208. 
 
 bb2 
 
372 INDEX. 
 
 Direction Posts, 
 erection of, 153. 
 
 Disinfection, 
 
 d. c. must provide lodging for persons leaving house on account 
 of, 230. 
 can provide place and apparatus for, 227. 
 can pay for, in case of poverty of owner of premises, 225. 
 
 of clothes, &c. sent to laundry, 229. 
 must compensate for unnecessary damage to articles ruined 
 
 by, 226, 227. _ 
 can destroy or disinfect filthy articles, 226. 
 of house or articles in it under Prevention Act, 1890, or P. H. 
 
 Act, 1875.. 224, 225. 
 P. H. Act, 1907.. 225, 226. 
 of public vehicles, 227, 228. 
 
 when d. c. must pay for, 228. 
 
 Disquaxipications fob Councillor or Chairman, 
 alien, 290. 
 
 bankruptcy, 291, 292. 
 
 composition or arrangement with creditors, 291, 292. 
 contract with d. c, interest in, 292, 293. 
 conviction of crime, 290. 
 corrupt practices at election, 293. 
 infant, 290. 
 
 paid office under d. c, holding, 292, 341. 
 parochial relief, receipt of, 290. 
 
 Distress Committee, 
 
 under Unemployed Workmen Act, 341. 
 
 District, 
 
 alteration of boundaries of, by C. C, 71. 
 
 adjustment of property and liabilities, 71 — 73. 
 conversion of rural into urban, and vice versd, 71. 
 division of, by C. C, 71 
 
 by U. D. C. for purposes of P. H. Act, 101. 
 urban, into wards, 71. 
 formation of new, by 0. C, 71. 
 " special drainage districts " may be formed by E. D. C, 104, 
 
 313, 350, 351. 
 United, may be formed for P. H. purposes, 77, 276. 
 ■works in adjoining, notice to be given by d. c, 79, 80, 316, 317. 
 
 District Council, 
 
 as agents of C. C, 73. 
 
 under Small Holdings Act, 1907. .8. 
 Burial Authority, 50. 
 Education Authority, 83. 
 Port Sanitary Authority, 73. 
 casual vacancy on, 92, 93. 
 
INDEX. 373 
 
 District Cottncil — continued. 
 
 combination of d. c.'s for works of mutual benefit, 79, 299. 
 conferences, public liealth, representation at, 80. 
 default by, L. G. B.'s powers, 82, 313. 
 
 E. D. C, C. C.'s powers, 82, 83, 214, 313. 
 inability to act, C. C.'s powers, 73, 96. 
 meetings of, 74, 75. 
 name, change of, 73. 
 offices of, 74. 
 
 retirement of members of, 289. 
 Eural, may be invested with urban powers, 4, 82. 
 
 no powers under Allotments Acts, 7. 
 Urban, may be invested with right to appoint and powers of 
 
 overseers, 81. 
 powers of parish council, 81. 
 works by, in adjoining district, 79, 80, 316, 317. 
 
 District Councillor, 
 
 by whom elected, 289. 
 disqualification of. See Disqualification. 
 election of. See Election of Councillors. 
 
 may make his choice when elected for more than one ward, 95. 
 must not vote when interested in land or building to be acquired 
 
 under Part I. or II. H. W. C. 
 Act, 217, 295. 
 in a company contracting with d. c. 
 without sanction of C. C, 295. 
 not personally liable for acts of council, 245. 
 number of urban councillors may be altered by C. C, 71. 
 
 rural councillors may be altered by C. C, 73. 
 office of, acceptance of, 94, 95. 
 
 persons exempt from, 95. 
 term of, 289. 
 
 becomes vacant on absence for six months, 294. 
 to be declared vacant on disqualification, or when 
 
 vacant, 294. 
 resignation, 96. 
 penalty for acting when disqualified, 294. 
 
 without declaration of acceptance of office, 95. 
 voting when prohibited, 217. 
 qualification of, 288. 
 resignation of, 95. 
 Eural, a guardian, 288, 289. 
 
 District Fund, 27, 97. 
 
 Disused Burial Ground, 
 what is a, 299. 
 
 acquisition of, by d. c. as an open space, 299, 300. 
 no building to bo erected on, 300. 
 restrictions on use of, for games. 300. 
 
 removal of tombstones, &'c., 300, 301. 
 
374 INDEX. 
 
 DiTCU 
 
 alongside highway, cleansing of, 153, 154. 
 may be part of highway, 128, 154. 
 when a nuisance, 264, 265. 
 
 DrvEKSiON OF A HIGHWAY. See Highway. 
 
 Dock 
 
 vested in body by Act of Parliament, restriction on d. c.'s powers 
 as to, 315. 
 
 Donkeys, 
 
 bye-laws as to, and licensing of proprietors, &c. of, 65. 
 
 DooB 
 
 opening outwards on to street, alteration of, 43. 
 
 Drain, 
 
 what is a, 307. 
 
 alongside a highway, repair and cleansing of, 153, 154. 
 alteration or enlargement of, 323. 
 
 connection of, with d. c.'s sewer, 140, 319, 320, 322, 323. 
 drains not adapted to sewerage system, 322, 323. 
 house not to be built without drains, 323. 
 house without suflB.cient drains, d. c.'s powers as to, 322. 
 injury to, 320. 
 main road drains, 122, 123. 
 of building causing damp to building, 267. 
 refuse water drain or sink in house, 324. 
 repair of, 308, 325. 
 
 single private, connecting with sewer, repair of, 309, 310. 
 testing of, by d. c, 325. 
 
 water pipe not to be used as ventilating shaft of, 323. 
 when a nuisance, d. c.'s powers, 264, 268—270, 309, 310, 324, 
 325. 
 
 Drainage 
 
 of buildings, bye-laws as to, 34. 
 
 rain-water pipes not to carry off drainage of privies, 323. 
 " special drainage district," formation of, by E. D. C, 104, 
 313, 350, 351. 
 
 Deift-way 
 
 may become repairable at expense of parish, 106, 121. 
 
 DiTST, 
 
 bye-laws to prevent nmsance from, 272. 
 not to be put into a stream, 303. 
 
 Dust-bins, 
 
 provision of, by TJ. D. C, 307. 
 
INDEX. 375 
 
 Dust Destructor, 
 
 provision of, by U. D. 0., 307. 
 restriction on site of, 3. 
 
 DWEIiLING, 
 
 small, d. c. can assist resident to acquire ownership of, 218 — 221. 
 unhealthy. See Unhealthy Dwelling. 
 
 Eaeth Closet, 
 
 what is an, 327. 
 
 cleansing of, 306, 331. 
 
 d. c. can undertake supply of earth for, 327. 
 
 when a nuisance, 324, 325. 
 
 See also Closet Accommodation. 
 
 Education, 
 
 Board of, grant to art and science schools, 87. 
 d. c. can provide " Higher education," 84, 85. 
 
 manage school for C. C, 83. 
 U. D. C. as the " local education authority," 83. 
 " minor local authority," 84. 
 can provide school of art or science, 87. 
 
 Election of Councillors, 
 
 agents, counting, may be employed, 92. 
 
 polling, may be employed, 91. 
 candidate, nomination of, 91. 
 
 successful, to receive notice of result, 95. 
 withdrawal of, 91. 
 casual vacancy, when it arises, 92. 
 
 proceedings at election for filling up, 92, 93. 
 rotation of retirement of members elected to 
 fiU up, 93. 
 day of election for ordinary election, how fixed, 91. 
 filling up casual vacancy, 92. 
 holding a first election, 92. 
 difficulties arising at, C. C.'s powers, 96. 
 equality of votes at ordinary election, 92. 
 
 election to fill casual vacancy, 93. 
 expenses of, 94. 
 " First election," what is, 90. 
 nomination papers for, 90, 91. 
 notice of, when to be given, 89. 
 petition to question validity of, 96, 294. 
 poll, when to be taken, 91. 
 
 for guardians may be taken with poll for U. D. C.'s, 94. 
 for parish councillors may be taken with poll for R. D. C'e, 
 94. 
 Beturning Officer at, clerk of d. c. to be, 89. 
 
 powers and duties of, 89 — 95. 
 
376 INDEX. 
 
 Emigrant Eunner, 
 
 licensing of, by d. c, 248, 249. 
 
 Enoroachments on a High-way. See Highway. 
 
 Entry into Premises, 
 
 consent of owner or occupier when necessary, 271. 
 d. c.'s powers of, as to closet accommodation of house, 330. 
 common lodging-houses, 196. 
 disinfection, 225, 226. 
 Factory Act, 111. 
 horseflesh, sale of, 180. 
 Housing of the Working Classes Acts, 
 
 216, 217. 
 marine store and old metal dealers, 254. 
 nuisances, 271, 324. 
 servants' registries, 253. 
 sewers and drains, use of, 320. 
 unsound food, 343. 
 water supply of house, 344, 346. 
 
 to inspect meter, 354. 
 Epidemics, 
 
 L. Q-. B.'s regulations as to, 235. 
 
 Esplanade, 
 
 bye-laws as to, 64. 
 
 Excavation 
 
 near a highway, when dangerous, 46. 
 in street, d. c.'s consent required, 157. 
 
 Expenses, 
 
 d. c.'s, under Allotments Act, 14. 
 
 Barbed Wire Act, 268. 
 
 Baths and Wash-houses Acts, 26. 
 
 Burial and Interments Acts, 52, 53. 
 
 Canal Boats Acts, 191. 
 
 Commons Act, 68. 
 
 Conferences (Public Health) Act, 80. 
 
 Factory Act, HI. 
 
 Housing of the Working Classes Acts, 204, 205, 
 
 213, 216, 217. 
 Isolation Hospital Act, 186. 
 Library, Museum and Gymnasium Acts, 87, 89. 
 Open Spaces Act, 301. 
 P. H. Act, 1907.. 97, 298. 
 Eivers Pollution Prevention Act, 304. 
 Small Dwellings Acquisition Act, 221. 
 "general," in rural district, what are, 78, 79, 94, 104—107, 
 191, 217. 
 how to be defrayed, 104—106. 
 loan for, cannot be applied to "special," 28. 
 
INDEX. 377 
 
 Expenses — continued. 
 
 highway, in urhan districts, how defrayed, 104. 
 rural districts, how defrayed, 106. 
 L. G. B. can sanction expenses of d. c, 22. 
 private improvement, what may be declared, 309, 322, 325, 
 326, 327, 330, 345, 346. 
 how defrayed, 103, 106, 242. 
 recovery of, from owner of premises, 242. 
 Rural District Council's, how defrayed, 104 — 108. 
 
 mode of raising contributions for, 1 06 — 
 108. 
 "special," in rural district, what are, 79, 104—107, 111, 186, 
 188, 301, 336. 
 how to be defrayed, 105 — 107. 
 loan for, cannot be applied to " general," 28. 
 Urban District Council's, how defrayed, 97 — 104. 
 
 Factory, 
 
 what is a, 108. 
 
 Crown, d. c. no control over. 111. 
 
 "domestic," what is, 109. 
 
 overcrowding of, 266. 
 
 when a nuisance, 109, 266, 
 d. c. to provide facilities for draining into sewer, 305, 321. 
 fire, means of escape to be provided. 111. 
 out-work from, d. c.'s control over, 112. 
 pollution of streams by, 303. 
 sanitary conveniences in, 109. 
 
 when a nuisance can only be dealt with by Factory Inspector, 
 109. 
 
 Factory Inspector, 
 
 powers of, on default of d. c, 119. 
 
 Fair, 
 
 abolition or alteration of date of, 260. 
 
 Fence 
 
 when dangerous or out of repair, 46, 155. 
 
 Filth, 
 
 bye-laws to prevent nuisance from, 272. 
 
 Filthy Articles, 
 
 destruction or purification of, 226. 
 
 Finance Acts, 
 
 stamp duty on conveyance of property, 4. 
 
 on issue of stock by U. D. C, 31. 
 Fire, 
 
 bye-laws for preventing, in new building, 33. 
 
 factories and workshops to have means of escape, 111, 112. 
 
378 INDEX. 
 
 FiRE-BRiaADE, 
 
 d. c. can maintain, 116, 255. 
 
 agree for common use of, 117. 
 powers of members of, at fire, 117. 
 recovery of expense of attendance of, at fire, 116. 
 
 Fire-plugs, 
 
 U. D. 0. must provide, 116. 
 
 Floor, 
 
 bye-laws as to structure of, 35. 
 
 Food. See Unsound Food. 
 
 Foot-path 
 
 a "street" or "highway," 117, 122. 
 
 breaking open of , by owner of premises adjoining, 140, 351. 
 
 carriage-way over, 139, 140. 
 
 cleansing of, 306. 
 
 C. C. can contribute towards maintenance, &c. of, 122. 
 
 injury to, penalty, 139. 
 
 may be reserved when highway stopped up, &c., 132. 
 
 parish council can maintain, 121. 
 
 paving of, in private street. See Private Street. 
 
 width of, 136, 165. 
 
 Foundations 
 
 of new buildings, bye-laws as to, 33. 
 
 Fruit-pickers, 
 
 accommodation of , 192. 
 
 Q-AME-DEALER, 
 
 licensing of, by d. c, 248, 249. 
 
 Games, 
 
 d. c. can provide apparatus for, in recreation ground, 297. 
 
 Q-ANGMASTER, 
 
 licensing of, by d. c, 248. 
 
 Gas, 
 
 supply of, by d. c, 254, 255. 
 
 Gas Pipes, &c,, 
 
 interference with, by tramway company, 338. 
 when vesting in d. c, 255. 
 
 Gas Works, 
 
 pollution of stream by, 306. 
 
INDEX. 379 
 
 GENERAii District Eate, 
 
 amendment of, 101, 102. 
 appeal against, 102, 246. 
 assessment for, d. c. can inspect valuation lists, &c., 98. 
 
 reduced, when owner rated instead of occupier, 
 98, 99. 
 properties to be assessed at quarter 
 
 annual value, 99, 100. 
 under Agricultural Eates Act does not 
 apply to general district rate, 99. 
 separate, may be made when district divided 
 into parts, 101. 
 deduction from, on account of sewer, 102. 
 designation of person rated, 102. 
 estimate of amount of, required must be made, 101. 
 exemption of property from, by local Act, 100. 
 levy of, may be made for prospective expenses, 97. 
 
 retrospective expenses incurred not 
 later than six months, 97, 98. 
 not to be on premises while unoccupied, 100, 101. 
 must be in writing and under seal, 97. 
 notice of intended, must be given, 98. 
 occupier, rate to be levied on, 98. 
 owner, when rate may be levied on, 98, 99. 
 proportion of, payable on change of owner or occupier, 100, 101. 
 publication of, 102. 
 rate-book evidence of validity of, 103. 
 recovery of, by d. c, 103. 
 
 reduction or remittance of, on account of poverty, 102. 
 refunding of excess rate paid, 102. 
 
 " GENERAii " Expenses. See Expenses. 
 
 General Improvement Eate 
 
 may be levied by U. D. C. as successors of Improvement Com- 
 missioners, 97. 
 
 General Sewer Eate 
 
 may be levied by U. D. C. as successors of Improvement Com- 
 missioners, 97. 
 
 Gratings 
 
 in pavement, repair of, 42. 
 
 Groynes, 
 
 repair of, when part of highway, 124. 
 
 Guardians, 
 
 board room of, may be used by E. D, C, 74. 
 
 district councillors in rural district, 288. 
 
 number of, may be fixed or altered by C. C, 73. 
 
 officers of, when officers of E. D. C, 275. 
 
 poll for election of, may be taken with that for U. D. C.'s, 94. 
 
380 INDEX. 
 
 Gutter 
 
 causing damp in a building, 267. 
 when a nuisance, 264. 
 
 Gymnasium, 
 
 U. D. 0. can provide and equip, 85, 86. 
 
 bye-laws as to, 86. 
 
 closing of, 86. 
 
 closed swimming bath may be used as, 24, 85. 
 
 expenses of, 87. 
 
 instructor and officers may be employed for, 86. 
 
 management and use of, 85, 86. 
 
 may be sold when unnecessary or too expensive, 86. 
 
 Hackney Caeeiages, 
 bye-laws as to, 65. 
 licensing of, 250, 251. 
 
 Haebour 
 
 vested in body by Act of Parliament, restriction on d. c.'s 
 powers as to, 315. 
 
 Heaese, 
 
 for person dead from an infectious disease, 227. 
 
 Heaeth, 
 
 bye-laws as to structure of, 35. 
 
 Hedge 
 
 prejudicing highway, 159, 160. 
 
 Highway, 
 
 what is a, 117. 
 
 dangerous places and machinery near, 154, 155. 
 
 dedication of, 118, 119. 
 
 district council the highway authority, 118. 
 
 ditches and drains alongside, 153, 154. 
 
 diversion of, 132—135. 
 
 damage to, from extraordinary traffic or excessive weight, 145 — 
 
 148. 
 encroachment on, 129, 243. 
 expenses, 104, 107, 268. 
 . extent of, 128. 
 gate across, 136. 
 heavy motor-cars on, 149, 150. 
 hedges and trees prejudicing, 159, 160. 
 improvements to, 135, 136. 
 interference with, by persons under statutory powers, 150 — 153, 
 
 337. 
 locomotives on, 147 — 149. 
 maintenance of, C. C.'s contribution towards, 121, 123. 
 
INDEX. 381 
 
 Highway — continued. 
 
 main road. See Main Roads. 
 
 materials for repair of, 155, 156, 295. 
 
 non-repair of, d. c.'s liabilities, 142 — 144. 
 
 offences with regard to, 136, 157. 
 
 public right of way. See Public Right of Way. 
 
 rate, when leviable, 104. 
 
 repairable by "inhabitants at large," 118 — 120. 
 
 parish council, 121. 
 
 railway or tramway company, 126 — 128. 
 ratione tenures, 124 — 126. 
 stopping up of, 132 — 135. 
 street. See Street. 
 subsidence of, due to mining, 141. 
 traffic on, d. c.'s control over, 158. 
 trees on, 130, 139. 
 
 unnecessary, d. c. can get rid of liability to repair, 120, 121. 
 widening of, 135. 
 width of, 136. 
 
 Hoardings, 
 
 safety of, 49. 
 
 used for advertisements, d. c.'s control over, 64, 65. 
 not "buildings," 33. 
 
 Home Office Work Order, 112, 113. 
 
 Home Work, 
 
 d. c.'s control over, 112. 
 
 Hop-pickers, 
 
 accommodation of, 192. 
 
 Horseflesh, 
 
 sale of, 180, 181. 
 
 Horses, 
 
 bye-laws as to, 65. 
 
 Hospital, 
 
 d. 0. can build or contract for use of, 181. 
 can provide, outside district, 80, 181. 
 expenses of, C. C. can contribute towards, 187. 
 isolation. See Isolation Hospital. 
 joint hospital board, formation of, 182. 
 liability of d. c. as the hospital authority, 182. 
 may be transferred to C. 0. for use as an isolation hospital, 
 
 183. 
 patients, expenses of, 181. 
 
 obligation to admit, 182. 
 removal and detention of, 231, 232, 236. 
 restriction on site of, 3. 
 small-pox, not a " noxious business," 273. 
 
382 INDKX. 
 
 Hospital Committee. See Isolation Hospital. 
 
 House, 
 
 what is a, 230, 266. 
 
 bye-laws as to closing of, where unfit for habitation, 34, 35. 
 
 dwelling, definition of, for purpose of Housing of Working 
 
 Classes Act, 205, 206. 
 disinfection of, 224—226. 
 numbering of, 156. 
 overcrowding in, 266. 
 
 unhealthy, d. c.'s powers under Housing of Working Classes 
 
 Act. See Unhealthy Dwell- 
 ing-house. 
 P. H. Act, 1875. .264, 268— 
 271. 
 
 Housing of the Woeking Classes Act, 
 accounts of d. c. under, 213, 217. 
 committee may be appointed by d. c. for, 218. 
 compensation to tenants of premises acquired by d. c, 217. 
 entry on premises for survey and valuation purposes under, 
 
 217. 
 expenses under, 204, 205, 213, 216, 217. 
 notices, &c. to be given under, 218. 
 
 " ofiicial representation " by medical officer under, 197, 198. 
 Part I. of Act, 1890, does not apply to rural district, 197. 
 Part III. of Act, 1890, is adoptive, 214. 
 unhealthy areas, U. D. C.'s powers as to, 197 — 205. 
 unhealthy dwelling-houses, d. c.'s powers as to, 205 — 214. 
 working-class lodging-houses, d. c. can provide, 214 — 217. 
 
 Impeovement Scheme 
 
 under Part I. of Housing of Working Classes Act. See Un- 
 healthy Area. 
 Part n. of Housing of Working Classes Act, 211. 
 
 " Income," 
 
 meaning of, 72. 
 
 Infant 
 
 disqualified for membership of d. c, 290. 
 
 Infectious Disease, 
 what is, 223, 224. 
 
 cholera, yellow fever, plague, L. G. B.'s Order as to, 235 — 237. 
 epidemics, L. G. B. can make regulations as to, 235. 
 notification of, to medical officer, 222. 
 
 by whom to be made, 196, 222, 223. 
 
 d. c. must provide and pay for certificates for, 223. 
 
INDEX. 383 
 
 Infectious Disease — continued. 
 
 patient, exposure of, penalty for, 232. 
 
 must not take part in any business, 233. 
 
 take or return book to library, 233. 
 use public vehicle, 234. 
 removal of, and detention in hospital, 181, 231, 232. 
 prevention of spread of, 224 — 240. 
 
 books from libraries, precautions as to, 229, 230. 
 canal boat, detention and disinfection of, 231. 
 corpse of person dying from infectious disease, 234. 
 disinfection of house and articles in it, 224, 225. 
 disinfection or destruction of infected things, 225—227, 229. 
 exposure of infected things, 229. 
 filthy articles, destruction or puri6cation of, 226. 
 laundry, disinfection of clothes sent to, 229. 
 lodgings, penalty for letting infected, 228. 
 milk supply, precautions as to, 238, 239, 261, 262. 
 out-work may be prohibited where case of infectious dis- 
 ease, 113. 
 person not suffering from infectious disease may be removed 
 
 from house, 230. 
 person subjected to infection not to take part in dairy 
 
 business, 261. 
 removal of patients to hospital, 181, 231, 232. 
 schools, infectious disease in, 233. 
 vehicles, public, disinfection of, 227, 228. 
 temporary accommodation for persons leaving infected premises, 
 d. 0. can provide, 230. 
 
 Infectious Disease (Notification) Act 
 replaces local Act, 224. 
 
 Infectious Disease (Prevention) Act 
 an " adoptive " Act, 4, 224. 
 
 Inspector of Nuisances. See Sanitary Inspector. 
 
 Ironworks, 
 
 exemption in the case of, being offensive trade, 274. 
 
 Isolation Hospital, 
 
 C. C. can constitute a " hospital district," 183, 184. 
 
 form a " hospital committee," 184. 
 " establishment expenses," what are, 187, 
 expenses of, how defrayed, 188. 
 
 C. 0. can contribute towards, 187. 
 hospital committee, accounts of, 188. 
 
 powers of, 185 — 188. 
 patient, charges for, 186. 
 
 dying in hospital, burial expenses of, 187. 
 
384 INDEX. 
 
 Isolation Hospital — continued. 
 
 "patient's expenses," wliat are, 187. 
 
 recovery of, when patient a pauper, 186. 
 when patient not a pauper, 
 186. 
 " special patient's expenses," what are, 186. 
 
 recovery of, 187. 
 "structural expenses," what are, 187. 
 treatment in, not to disqualify for membership of d. c, 290. 
 
 Joint Board, 
 
 formation of, 77, 182. 
 expenses of, 77, 78, 182. 
 
 Joint Committee, 
 
 formation of, 78, 79. 
 
 for purposes of a puhlic library, 88. 
 under Isolation Hospitals Act. See Isolation 
 Hospital. 
 expenses of, 78, 79. 
 
 in connection with a burial ground, 79. 
 meetings of, 79. 
 powers of, 78. 
 term of office of, 78. 
 
 Knacker's Yard, 
 what is a, 335. 
 licensing of, by d. c, 249, 335. 
 
 Lake 
 
 is a " stream " under Rivers Pollution Acts, 302. 
 sewage or filthy water not to be conveyed into, 301, 315. 
 
 Lamps, 
 
 d. c. can provide for lighting, 254. 
 when vesting in d. c, 255. 
 
 Land, 
 
 acquisition of, for allotments, 7 — 10. 
 
 baths and wash-houses, 23, 24. 
 
 burial grounds, 51, 52. 
 
 highway purposes, 1, 135. 
 
 Housing of the Working Classes Acts pur- 
 poses, 200, 202, 204, 209, 210, 215, 217. 
 
 museum, gymnasium, or library, 85, 87. 
 
 open space, 299. 
 
 Public Health Acts purposes, 1, 2, 3, 316, 
 317. 
 
 recreation ground, 296. 
 
INDEX. 385 
 
 Land — continued. 
 
 appropriation of, by d. c. for working-class lodgings, 200, 215. 
 
 exchange of, by d. c, 1. 
 
 lease of, by d. c, 1 . 
 
 purchase of, by d. c, duty payable on, 4. 
 
 sale of, when not required, 2. 
 
 " sale or lease " of, interest in contract with d. c. for, not a 
 
 disqualification, 295. 
 use of, different to purpose for which acquired, 2, 3. 
 
 Land coveked by Water, 
 rating of, 99, 100, 107. 
 
 " Lands," 
 
 meaning of, 314. 
 
 Laundry, 
 
 infected clothes, &c. sent to, 229. 
 when a factory, 108. 
 
 Lavatory, Public, 
 
 U. D. C. can provide, 160—162. 
 
 Lecture-room, 
 
 safety of, 48, 49. 
 
 Lee Conservancy Board, 
 
 right of, to enforce Rivers Pollution Acts, 304. 
 
 Legal Proceedings 
 
 against d. c, exemption of members and officers from personal 
 liability, 245. 
 time limit for, under Public Authorities Protec- 
 tion Act, 243—245. 
 appeal. See Appeal. 
 
 by d. c, demands under 50?. recoverable in County Court, 240. 
 may be instituted by clerk or officer of d. c, 240. 
 member of d. c. may act as J.P. in, 240. 
 time limit for, 146, 168, 240. 
 to abate a nuisance, 242, 243. 
 
 maintain public rights of way, 129, 131, 243. 
 
 rights of common, 66, 243. 
 prevent encroachments on highways, 243. 
 recover rates, 241, 242. 
 
 expensesduetoextraordinarytraffic, 145, 146. 
 penalties and expenses, 240. 
 private street works expenses, 168, 169, 177, 
 178, 242. 
 under Rivers Pollution Act, 304, 305. 
 by "party aggrieved," 241. 
 
 c. c c 
 
386 INDEX. 
 
 Library, Public, 
 
 U. D. C. can provide, 87. 
 
 books subjected to infection not to be taken from or returned 
 
 to, 229, 230, 233. 
 bye-laws as to, 88. 
 charges for lending library, 88. 
 expenses of, 89. 
 management of, 88, 
 offences with regard to, 88, 
 
 Library, Public, Acts, 
 adoptive Acts, 4, 87, 
 
 "Library Authority," 
 
 Board of Education grant to, 87, 
 d, c. as, 88. 
 
 Library Pate, 
 
 when leviable, 89, 
 
 Licensing by D. C, 
 
 boats and boatmen, 65, 254, 296. 
 
 game dealers, 249. 
 
 gang masters, 248. 
 
 hackney carriages, 250, 251. 
 
 horses and asses standing for hire, 65. 
 
 knackers' yards, 249, 335. 
 
 passage brokers and emigrant runners, 249. 
 
 petroleum, storage of, 250. 
 
 porters and public messengers, 251, 
 
 sky-signs, 332, 
 
 slaughter-houses, 333, 334. 
 
 tram-car drivers and conductors, 340. 
 
 Life-saving Apparatus 
 at bathing places, 27. 
 
 Lighting, 
 
 d, c.'s powers as to, 254 — 256. 
 of private streets, 162, 170, 
 of roads, 256, 
 
 Lighting and Watching Act, 1833, 
 an adoptive Act, 4, 116, 255, 
 
 Loan to D, C. See Borrowing. 
 
 interest in, no disqualification for membership of d. c, 295. 
 
 "Local Area " 
 
 under Isolation Hospitals Act, what is, 183. 
 
INDEX. 387 
 
 Local Government Board, 
 appeal to. See Appeal. 
 powers of, 
 
 as to borrowing by d. c, 27 — 29. 
 
 construction of a reservoir by d. c, 349. 
 disputes over repair of main roads, 124. 
 
 use of land acquired by d. c, 3. 
 expenses of d. c, 22, 105. 
 local Act, repeal of, 81. 
 water supply, 345, 347, 350. 
 on default by d. c. to perform duty under P. H. Acts, 82, 
 313, 347. 
 
 L. Q. B. Inqihry, 
 
 as to borrowing by d. c, 29. 
 
 compulsory purchase of land by d. c, 2. 
 division or alteration of district by C. C, 71. 
 Housing of the Working Classes Act, 218. 
 " Eivers Pollution Act, 304, 305. 
 
 sewage disposal works outside district, 317. 
 use of lands acquired by d. c, 3. 
 expenses of, 247. 
 
 L. G. B. Inspector, 
 
 certificate of, under Eivers Pollution Act, 304. 
 powers of, 247. 
 
 Locomotives, 
 
 damage to road by, 145 — 147. 
 
 d. c.'s, need not be registered, 149. 
 
 restrictions on \ise by, of highway or bridge, 147 — 149. 
 
 weighing of, 148. 
 
 Lodging, Temporary, 
 
 d. c. can provide, for persons removed from infected premises, 
 230. 
 
 Lodgings, 
 
 bye-laws as to, 192. 
 
 common lodging-houses. See Common Lodging-houses. 
 
 infected, penalty for letting, 228. 
 
 seaman's, 192. 
 
 Lodging-houses for the Working Classes, 
 d. c. can provide, 214—217. 
 
 Main Eoad, 
 
 what is a, 122. 
 
 breaking open of, by d. c, 315. 
 drainage of, 122, 123, 312. 
 lighting of, 256. 
 
 cc2 
 
388 INDEX. 
 
 Main Road — continued. 
 
 maintenance of, 122 — 124. 
 may be made an ordinary highway, 122. 
 ordinary highway may be made a, 122. 
 vests in C. 0., 122. 
 
 Man-hole 
 
 is a ** work belonging to a sewer," 311, 315. 
 
 Manure, 
 
 accumulation of, when a nuisance, 265. 
 removal of, from mews, 266. 
 
 Map 
 
 of sewerage system, U. D. C. may provide, 321. 
 
 Marine Store Dealer, 
 
 registration of, by d. c, 254. 
 
 Market, 
 
 U. D. C. can provide, 256, 257. 
 
 management of, when U. D. C. market authority, 258 — 260. 
 
 used for sale of cattle, cleansing of, 260. 
 
 Market Garden, 
 
 rating of, 99, 100, 107. 
 
 Meat. See Unsound Food. 
 
 Medical Assistance and Medicine, 
 
 U. D. C. can provide, for poorer classes, 182. 
 receipt of, not a disqualification for membership of urban 
 council, 290. 
 
 Medical Officer, 
 
 appointment of, 274, 275. 
 
 for more than one district, 275, 276. 
 when C. C. contribute half his salary, 276, 277. 
 deputy, appointment of, 198, 276. 
 
 d. c. may arrange for services of C. C.'s, in district, 276. 
 dismissal of, 275. 
 
 when L. G-. B.'s consent required for, 277. 
 duties of, 277—280. 
 
 under Factory Act, 110, 113, 114, 280. 
 
 Housing of the Working Classes Acts, 198, 205. 
 infectious disease, powers as to, 113, 224—227, 229, 230, 233 — 
 
 237. 
 may be medical referee of Cremation Company, 60. 
 notification of births to be made to, 263. 
 
 infectious disease to be made to, 222. 
 qualifications of, 276. 
 salary of, 275. 
 
 C. C. can contribute half, 276. 
 
index; 389 
 
 MEETmas 
 
 of committee of d. c, 76. 
 
 district council, exclusion of public from, 75. 
 regulations as to, 74, 75. 
 when to be held, 74. 
 joint committee, 79. 
 
 ratepayers to sanction establishment of a market, 256, 257. 
 promotion of a Bill, 286—288. 
 
 Messenger, Pttblic, 
 
 licensing of, by d. c, 251. 
 
 Meter, Water, 
 
 provision by d. c, 353, 354. 
 recovery of rent for, 355. 
 
 Mews, 
 
 removal of manure from, 266. 
 
 Milk 
 
 exposed for sale, inspection of, 34 1 . 
 
 from diseased cow, not to be used for food, 262. 
 
 purveyor of, registration of, 261. 
 
 Milk Supply, 
 
 dairyman when to furnish lists of sources of, 239. 
 d. c. can stop, in case of infectious disease, 238. 
 d. c.'s control over, 237, 238, 261, 262. 
 
 Mine, 
 
 exemption in favour of, when an offensive trade, 274. 
 pollution of streams by, 304. 
 subsidence of highway due to, 141. 
 support of sanitary works by, 317 — 319. 
 under highway, 136, 140, 141. 
 
 Minutes 
 
 of meetings of d. c, 75. 
 
 Mortgage 
 
 by d, c. of funds or rates, 28, 31 . 
 
 Mortuary, 
 
 d. c. can provide, 50. 
 removal of bodies to, 50, 234. 
 
 Motor Cars, 
 
 heavy, use of highways and bridges by, 149, 150. 
 
 weighing of, by d. c.'s officers, 149. 
 speed of, 159. 
 
 Museum, 
 
 TJ. D. C. can provide, 85, 87—89. 
 bye-laws as to, 86. 
 closing of, 86. 
 
390 INDEX. 
 
 MusKTJM — continued. 
 
 expenses of, 87—89. 
 
 management and use of, 85, 86, 
 
 officials may be appointed for, 86. 
 
 when unnecessary or too expensive may be sold, 86. 
 
 Museums and Gymnasiums Act, 1891, 
 an adoptive Act, 4, 85. 
 
 Name, 
 
 d. c. can change, 73. 
 
 of street, d. c.'s powers as to, 156. 
 
 Navigation Eights, 
 
 d. c. must not interfere with, in exercise of their powers, 315. 
 
 Newspaper, 
 
 interest in contract with d. c. not a disqualification, 295. 
 
 Nomination Papers, 
 
 by whom to be signed, 90. 
 
 contents of, 90. 
 
 to whom to be supplied, 90. 
 
 validity of, 91, 93. 
 
 when to be sent to Eeturning Officer, 90, 91. 
 
 Notice, 
 
 service of, by d. c. under P. H. Acts, 2, 45, 80, 173, 224, 225, 
 227, 248, 325. 
 under Housing of the Working Classes 
 Acts, 200, 207, 218. 
 to abate a nuisance, 269. 
 
 Notification 
 
 of births, 263. 
 
 of infectious disease. See Infectious Disease. 
 
 Notification of Births Act, 
 an adoptive Act, 4, 263. . 
 
 Nuisances, 
 
 what are, 264—268, 273, 274. 
 
 abatement of, proceedings for, 242, 243, 268 — 271, 324, 325. 
 
 when outside district, 271. 
 bye-laws for prevention of, 272. 
 d. c.'s powers when drains, &e. reported to be a nuisance, 324, 
 
 325. 
 d. c. must not create, on lands acquired by them, 3, 316. 
 
 Numbering 
 
 of houses by d. c, 156. 
 
INDEX. ^91 
 
 Ntjesery-gbound, 
 
 rating of, 99, 107. 
 
 NUESES, 
 
 d. c. may provide, for infectious disease patients, 232. 
 hospital, training, &c. of, 185, 186. 
 
 Obstructive Building, 
 
 d. c.'s powers as to, 209 — 213. 
 
 Occupation-way, 
 
 private, may become repairable at expense of parish, 106, 121. 
 
 Occupier, 
 
 levy of rates on, 98, 100, 101. 
 
 liable for repair of road ratione tenurce, 126. 
 
 may redeem "private improvement rate," 103. 
 
 Offensive Matter, 
 
 accumulation of, when a nuisance, 265. 
 
 carriage of, through streets, 272. 
 
 receptacle for, when objectionable for sanitary reasons, 326. 
 
 Offensive Trades, 
 
 bye-laws as to, 273. 
 
 d. c.'s sanction for establishment of, in district, 272, 273. 
 
 trades not to be deemed, 274. 
 
 Office, Paid, 
 
 under d. c. a disqualification, 292, 341. 
 
 Offices, 
 
 provision of, by U. D. C, 74. 
 
 E. D. C. may use, of board of guardians, 74. 
 
 Officers and Servants of D. C, 
 accounts of, 23, 284. 
 appointment of, 274, 275. 
 
 for baths, 24. 
 
 burial grounds, 53. 
 
 museum, gymnasium, and library, 86, 88. 
 
 recreation grounds, 298, 301. 
 dismissal of, 275. 
 
 Inspector of Nuisances. See Sanitary Inspector. 
 interest in contracts with d. c, when unlawful, 282—284. 
 Medical Officer. See Medical Officer. 
 no personal liability for acts of council, 245. 
 posts tenable by same person, 275. 
 remuneration of, 275, 284. 
 security, when to be given by, 284. 
 Surveyor. See Surveyor. 
 
392 INDEX. 
 
 Omnibuses, 
 
 bye-laws as to, 65. 
 licensing of, 250, 251. 
 
 Open Space, 
 
 what is an, 299. 
 
 acquisition of, by d. c, 298, 299. 
 
 bye-laws as to, 301. 
 
 expenses of d. c. under Open Spaces Act, 301. 
 
 management of, 300. 
 
 Orchard, 
 
 rating of, 99, 107. 
 
 Outwork, 
 
 classes of, to which Home Office Work Order applies, 113. 
 
 d. c. can prohibit, in insanitary places, 112. 
 
 where infectious disease, 112, 113. 
 Outworkers, 
 
 lists of, to be sent to d. c, 112. 
 
 Overseers, 
 
 bye-laws of R. D. C. to be sent to, 61. 
 
 complaint by, to L.Gr. B. against apportionment of expenses, 106. 
 levy of rates by, for R. D. C.'s expenses, 107, 108. 
 nomination papers to be supplied to, in rural districts, 90. 
 precept to, by R. D. C, 106. 
 
 by U. D. C. when a Burial Board, 53. 
 U. D. C. may be invested with appointment and duties of, 81. 
 
 Owner, 
 
 who is an, 116, 166, 176, 206, 322. 
 
 of a fair, who is, 261. 
 
 of tithes and tithe commutation rent charge, rating of, 99, 107. 
 
 " private improvement rate," liability of, for, 103. 
 
 rate, when leviable on, instead of occupier, 98, 99, 100. 
 
 recovery of expenses from, 242. 
 
 Parish, 
 
 alteration of boundaries of, by C. C, 71. 
 
 Parish Council, 
 
 Acts adoptable by, 4. 
 
 Allotments Act, authority under, in rural districts, 7. 
 
 commons, management of, may be delegated to, 68. 
 
 may contribute to expense of regulating, 68. 
 complaint by, to C. C. of default by R. D. C, 82, 83, 347. 
 highways, consent of, required for stopping up, &c. of, 120, 
 132. 
 
 may undertake repair of footpaths, 121. 
 
 may represent to d. c, any encroachment on, 129. 
 isolation hospital district, may object to formation of, 184. 
 
INDEX. 393 
 
 Parish Govycijj— continued. 
 
 R. D. C. may delegate powers to, 77. 
 
 may be invested with urban powers on application of, 
 
 82. 
 must give notice to, of proposed sewerage and water- 
 supply, 314, 350. 
 U. D. 0. may be invested with powers of, 81. 
 water-supply, powers as to, 347, 348. 
 
 Pabks and Pleasttee Grounds. See Recreation Ground. 
 
 Parochial Committee, 
 
 formation of, by E. D. C, 76, 77. 
 
 Parochial Elector, 
 who is a, 289. 
 
 Parochial Eelief, 
 
 receipt of, a disqualification for membership of d. c, 290. 
 
 " Party Aggrieved," 
 
 when, may sue to recover penalties, 241. 
 
 Passage 
 
 may be a " street," 33, 117. 
 private, cleansing of, 141. 
 
 Passage Broker, 
 
 licensing of, by d. c, 248, 249. 
 
 Pasture, 
 
 rating of, 99, 107. 
 
 may be acquired for allotment purposes, 8. 
 
 Patients, 
 
 expenses of, in hospital, 181, 186, 187. 
 
 removal and detention of, in hospital, 182, 231, 232. 
 
 Pavement. See Foot-path. 
 
 Paving, &c. of Private Streets. See Private Streets. 
 
 " Paving, Metallino and Flagging," 
 what is, 170. 
 
 Paving of Yards, 
 
 bye-laws as to, 35. 
 
 Pawnbroker, 
 
 certificate of, granted by d. c, 248, 249. 
 
 Penalty, 
 
 application of, under Highway Act, 157. 
 
 P. H. Acts, 241. 
 under P. H. Acts, recoverable summarily, 240. 
 where none provided by P. H. Act, 241. 
 
'694: INDEX. 
 
 Petition, 
 
 election, 96, 294. 
 
 to L. G. B. by d. c. for compulsory purchase of land, 1, 2. 
 
 Peteoleum, 
 
 license for storage of, by d. c, 248, 250. 
 
 Pigs 
 
 not to be kept in a dairy, 262. 
 
 restrictions as to keeping, in urban district, 265. 
 
 when a nuisance, 265. 
 
 Pit, 
 
 unfenced, when a nuisance, 268. 
 
 Places of Public Resort, 
 safety of, 48, 49. 
 
 Plague 
 
 an infectious disease, 223. 
 on board ship, 235—237. 
 
 Plans. See Building Plans. 
 
 Platforms, 
 
 safety of, 49. 
 
 Poll 
 
 for election of councillors, 91, 94. 
 
 when demanded at meeting of ratepayers, 257, 287. 
 
 Pollution. See Rivers Pollution. 
 
 Pond 
 
 adjoining highway, when a source of danger, 46. 
 sewage and filthy water not to be conveyed into, 301, 315. 
 
 Pool, 
 
 when a nuisance, 264. 
 
 Port Sanitary Authority, 
 d. c. as, 73. 
 
 Porter, 
 
 licensing of, by d. c, 251. 
 
 Postal Facilities, 
 
 d. c.'s powers as to, 335, 336. 
 
 Post-mortem, 
 
 d. c. can provide place for, 50. 
 
 Premises, 
 
 when a nuisance, 264. 
 
 " Premises Fronting, Adjoining and Abutting," 
 what are, 163. 
 
INDEX. 395 
 
 Private Carbiage-way 
 
 may become repairable at expense of parish, 121. 
 
 Private Improvement Expenses. See Expenses. 
 
 Private Improvement Rate, 
 levy of, 103, 106, 169. 
 need not be published, 103. 
 owner of premises, when liable for, 103. 
 redemption of, by occupier, 103. 
 
 Private Streets, Paving, &c. of, xjnder P. H. Act, 1875. .162 — 
 170. 
 adoption of street when made up, 169, 170. 
 apportionment of expenses by surveyor, 165, 168. 
 
 appeal to L. G. B. against, 167. 
 objection by owner to d. c. to, 165, 
 
 167. . 
 when conclusive, 168. 
 d. 0. can give notice to frontagers to do works required, 162, 163. 
 do works if notice not complied with, 165. 
 require paving and lighting works to be repeated, 164. 
 cannot require sewering works to be repeated, 164. 
 
 recover expenses for part of street outside district, 
 166. 
 may deal with whole street though only part private, 162, 
 
 163. 
 must observe bye-laws when doing works, 166. 
 "owner" liable for private street works expenses, 166, 167. 
 
 notice may be addressed to, 173, 248. 
 premises "fronting, adjoining and abutting" on street, 163, 
 
 164. 
 private street works expenses are a charge on premises till paid, 
 
 169. 
 exemptions from liability for, 1 66, 
 
 167. 
 may be declared private improve- 
 ment expenses, 165, 169. 
 recovery of expenses, notice to frontager a condition precedent 
 to, 163. 
 written demand for payment necessary, 
 
 163. 
 when apportionment settled by arbitra- 
 tion, 165, 167. 
 no liability for payment till three months 
 
 after apportionment, 167. 
 may be by summary proceedings or in 
 
 County Court, 168. 
 time limit for proceedings, 1 68. 
 by enforcement of charge on premises, 
 169. 
 
396 INDEX. 
 
 Private Steeets, Paving, &c. of, under Private Street Works 
 Act, 170—179. 
 adoption of street when made up, 179. 
 apportionment, provisional, by surveyor, 171 — 173. 
 
 may be amended, 175. 
 must be approved by d. c, 172. 
 notice of, must be served on 
 
 owners, 172, 173. 
 owner can object to, 174. 
 final, when to be made, 175. 
 
 notice of, to be served on owners, 175. 
 owner can object to, 175, 176. 
 d. c. can resolve to do all or any works in street, 170. 
 
 agree that owners do the works, 171. 
 d. c.'s powers as regards sewering, 171. 
 
 plans, specifications, &c. by surveyor, what to contain, 171 — 173. 
 
 approved of by d. c. to be 
 advertised, 173. 
 private street works expenses are a charge on premises, 177, 
 
 178. 
 d. c. must pay, when premises 
 
 exempted, 176. 
 d. c. can pay whole or part of, 1 78. 
 d. c. can borrow for purpose of, 
 
 179. 
 exemptions from, 176, 177. 
 
 Private Streets, Paving, &c. of, under P. H. Act, 1907 . . 179 — 180. 
 adoption of street when made up, 180. 
 d. c.'s powers when urgent repairs required to street, 179. 
 
 Private Street Works Act, 
 
 an adoptive Act, 4, 162, 170. 
 
 Privy, 
 
 bye-laws as to, 34. 
 
 cleansing of, 306, 331. 
 
 not to communicate with a dairy, 261. 
 
 overflow from, 265. 
 
 rain-water pipe not to be used for carrying off drainage of, 323. 
 
 room over, not to be inhabited, 189. 
 
 when a nuisance, 264, 324, 325. 
 
 Profit, 
 
 sewer niade for, 311, 312. 
 
 Projections in Streets, 
 removal of, 43. 
 
 Promenade, 
 
 bye-laws as to, 64. 
 
 Promotion of Bells. See Bill in Parliament. 
 
INDEX. 397 
 
 " Property," 
 
 meaning of, 4. 
 
 Provisional Order, 
 costs of, 247. 
 
 for confirming Improvement Scheme, 201, 202. 
 formation of Joint Board, 77. 
 lighting powers, 255. 
 purchase of land temporarily by d. c, 2. 
 repealing or altering local Act, 81. 
 tramway undertaking by d. c, 336, 337, 339. 
 union of districts for one medical officer, 276. 
 
 Public Attthorities Protection Act, 146, 243, 244. 
 
 Public Hall, 
 
 safety of, 48, 49. 
 
 Public Health Act, 1890, 
 
 parts of, adoptable by d. c, 4. 
 
 Public Health Act, 1907, 
 
 mode in which it comes into force in a district, 5. 
 E. D. C.'s expenses under, 105. 
 U. D. C.'s expenses under, 97. 
 
 Public Right of Way, 
 
 dedication of, 130, 131. 
 
 d. c. must protest, 83, 131, 243. 
 
 must have a definite direction and terminus, 131. 
 
 parish council's consent necessary for stopping up of, 132. 
 
 Public Works Loans Commissioners, 
 
 loans by, to d. c, 24, 28, 29, 221, 235. 
 interest payable on, 28. 
 repayment of, 28. 
 
 Pump, Public, 
 
 closing of, when water polluted, 344. 
 
 construction of, by d. c. for gratuitous water supply, 343. 
 
 vests in d. c, 343. 
 
 PuMPma Station 
 
 not a ** work belonging to a sewer," 315. 
 
 Purchase of Property, 
 
 stamp duty payable on, 4. 
 
 Qualification 
 
 for district councillor, 288. 
 guardian, 288, 289. 
 medical officer, 276. 
 
398 INDEX. 
 
 Quarry, 
 
 unfenced, when a nuisance, 268. 
 
 Quarter Sessions, 
 
 appeals to. See Appeal. 
 case stated by, 247. 
 
 Quay 
 
 vested in body by Act of Parliament, restriction on d. c.'s 
 powers as to, 315. 
 
 Quorum 
 
 at meeting of district council, 74. 
 
 committee of d. c, 76. 
 joint committee, 79. 
 
 Eailway, 
 
 rating of, 99, 100, 107. 
 
 Eailway Bridge, 
 
 building and maintenance of, 126, 127. 
 
 Eailway Company, 
 
 exemption of, from building bye-laws, 36. 
 
 from Part II., P. H. Act, 1907. .36, 49. 
 from private street works expenses, 177. 
 
 Eainwater Pipes 
 
 not to be used for carrying ofE drainage from privy, 323. 
 as ventilating shaft to a drain, 323. 
 
 Eate, 
 
 assessment and levy of, in urban district. See General District 
 Rate. 
 in rural district, 106 — 108. 
 retrospective, when bad, 97, 98, 107. 
 Burial, 53. 
 
 General District, 97—103. 
 General Improvement, 97. 
 General Sewer, 97. 
 Highway, 104. 
 Library, 89. 
 
 Private Improvement, 103, 104, 106. 
 Special Sewer, 97. 
 Water, 240, 353—355. 
 
 Eate Collectors, 
 
 appointment of, 274. 
 duties of, 284. 
 
 Eatione Tenure, 
 
 highway repairable, 124 — 126. 
 
INDEX. 399 
 
 EEADINa-ROOM 
 
 in recreation ground, 297. 
 
 Recreation Q-round, 
 
 d. c. can provide, 296. 
 
 band in, 297, 298. 
 
 bye-laws as to, 298, 301. 
 
 chairs in, 297. 
 
 closing of, 296. 
 
 erection of pavilions, &c. in, 297. 
 
 expenses of, 298, 301. 
 
 games in, 297. 
 
 is a public place for purpose of Vagrancy Act, &c., 298. 
 
 open space may be acquired for, 298 — 301. 
 
 refreshment rooms in, 298. 
 
 Refuse, 
 
 house, removal of, 306, 307. 
 
 bye-laws as to, 35, 306. 
 trade, removal of, by d. c, 307. 
 
 Registration by D. C. 
 
 of canal boats, 190, 191. 
 
 common lodging-houses and keepers, 193, 194. 
 dealers in old metal and marine stores, 254. 
 purveyors of mUk, 261. 
 servants' registries, 253. 
 slaughter-houses, 333, 334. 
 
 Relief, 
 
 receipt of, when a disquahfication, 290. 
 
 Rent- CHARGE 
 
 on premises granted by d. c, 32, 208. 
 
 Reservoir, 
 
 construction of, by d. c, 349. 
 dangerous, 46, 349. 
 rating of, 100. 
 
 Returning Officer 
 
 at election of councillors, 89. 
 at poll of ratepayers, 257, 287. 
 
 Right of Way. See Public Right of Way. 
 
 Rivers Pollution 
 
 by cemeteries, 306. 
 gas-works, 306. 
 sewage, 301, 302, 321. 
 
 solids polluting or impeding flow of stream, 302, 803. 
 manufacturing processes, 303. 
 mines, 304. 
 
400 INDEX. 
 
 EiVEES PoLiiTTTiON — continued. 
 
 certificate of L. G. B. Inspector as to means for preventing, 
 
 304. 
 pollution, what is, 302, 315. 
 stream, what is, 302. 
 
 EiVEES Pollution Prevention Acts, 
 authorities for enforcing, 304. 
 expenses of enforcing, 304. 
 proceedings under, 304, 305. 
 
 restrictions in case of factory or mine, 305. 
 
 EoAD. See Highway and Street. 
 
 EoAD Eepair Materials, 
 
 contract to supply, not to disqualify for membership of d. c, 
 
 295. 
 when may be taken from common, 156. 
 
 private lands, 155. 
 
 EoAD-siDE Waste, 
 
 d. c. must prevent encroachment on, 83, 129. 
 vesting in d. c, 137. 
 
 EooF, 
 
 safety of, when used by sight-seers, 49. 
 structure of, bye-laws as to, 33. 
 
 EooM, 
 
 height of, bye-laws as to, 35. 
 
 overcrowded, 266. 
 
 over privy or cesspool not to be inhabited, 189. 
 
 EUBBISH, 
 
 bye-laws to prevent nuisance from, 272. 
 
 as to removal of, 35. 
 infected, not to be put into receptacles, 229. 
 not to be put into a stream, 303. 
 receptacles, &c. for deposit of, d. c. can provide, 307. 
 
 Sanitary Inspector, 
 
 appointment of, 274, 275. 
 
 for more than one district, 275. 
 when 0. C. contribute half his salary, 276, 277. 
 dismissal of, 275. 
 
 when L. G. B.'s consent required for, 277. 
 duties of, 280—282. 
 
 may hold post of surveyor in addition, 275. 
 salary of, 275. 
 
 0. C. can contribute half, 276. 
 
INDEX. 401 
 
 Scaffolding, 
 
 erection of, 48. 
 
 SoAVENQINa, 
 
 d. c.'s powers as to, 35, 306, 307. 
 
 School, 
 
 a " house," 266. 
 infectious disease in, 233. 
 
 School for Art or Science, 
 U. D. 0. can maintain, 87. 
 
 Schoolmaster, 
 
 when to furnish lists of scholars to d. c, 233. 
 
 Sea, 
 
 sewage discharge into, 302. 
 
 Sea-beach, 
 
 restriction on taking, for road repairs, 155. 
 
 Seaman's Lodgings, 
 
 bye-laws as to, 192. 
 
 Sea-shore, 
 
 bye-laws as to use of, 63, 64. 
 
 Sea-wall, 
 
 repair of, when part of highway, 124. 
 
 Servants' Eegistries, 
 
 bye-laws as to, 253, 254. 
 
 registration and control of, by d. c, 253. 
 
 Sewage, 
 
 disposal of, d. c.'s powers as to, 315, 316. 
 polluting stream, 301, 302, 315. 
 
 Sewage Farm, 
 
 d. c. can use or let land for, 316. 
 restriction on site of, 3. 
 
 Sewage Works, 
 
 d. c. can borrow money on security of, 30. 
 
 execute outside the district, 79, 80, 316, 317. 
 when a nuisance, 316. 
 
 Sewer, 
 
 what is a, 308—310, 315. 
 alteration of, 315, 323. 
 
 building not to be erected over, without d. c.'s consent, 41. 
 connection with, by drains of premises, 140, 319, 320, 322, 323. 
 sewers of adjoining district, 316. 
 
 c. D u 
 
402 INDEX. 
 
 Sewer — continued. 
 
 default by d. c. to provide sufficient sewers or to maintain, 82, 
 313. 
 to cleanse and ventilate, 314. 
 discontinuance of, 315. 
 d. c.'s powers to carry sewers tlirough or into private property, 
 
 19, 314, 315. 
 d. c. can purchase, 312, 
 
 must cleanse and ventilate, 314. 
 repair, 82, 270, 313, 325. 
 provide necessary sewers, 82, 313. 
 enlargement of, 323. 
 
 factories to be given facilities for draining into sewers, 305, 321. 
 injury to, by chemicals, steam, &c., 320. 
 interference with, by tramway co., 338. 
 main road sewers, C. C. to have use of, 122, 312. 
 public sewer, repair of single private drain connecting with, 
 
 309, 310. 
 rate. See Mate. 
 sewer made for profit does not vest in d. c, 311, 312. 
 
 for irrigation or improvement of land does not vest 
 in d. c, 312. 
 under Commissioners of the Crown does not vest in d. c, 
 312. 
 use of, restrictions on, 311, 320, 321, 
 vesting of, in d. c, 311. 
 
 Sewerage 
 
 of new streets, bye-laws as to, 32. 
 
 of private streets, d. c.'s powers as to, 162, 164, 170, 171. 
 
 Sewerage System, 
 
 drains of house not adapted to, d. c's powers, 322, 323. 
 map of, may be provided by U. D. C, 321. 
 parish council to be notified of plans for, 314. 
 
 Shed 
 
 used for human habitation, when a nuisance, 267. 
 
 Ship, 
 
 a house, 230, 266. 
 
 cholera, yellow fever, or plague in, 235 — 237. 
 
 infectious disease in, 222. 
 
 Shooting-gallery, 
 bye-laws as to, 66. 
 
 Shop Hours, 
 
 U. D. C. can fix closing time, 115. 
 
 ** Single Private Drain," 
 repair of, 309, 310. 
 
INDEX. 403 
 
 Sink 
 
 for carrying off refuse water, provision of, 324. 
 
 Sinking Fund 
 
 for repayment of loan, 29,. 103. 
 
 Skating 
 
 on lakes in recreation grounds, 297. 
 
 Sky Signs, 
 
 what are, 332, 333. 
 
 d. c.'s control over, 331, 332. 
 
 Slaughter-house, 
 what is a, 335. 
 bye-laws as to, 333. 
 U. D. 0. can provide, 333. 
 licensing and registration of, 333, 334. 
 when a nuisance, 273, 274. 
 
 Slop CiiOSET. See Closets. 
 
 Small Dwellings Acquisition Act, 
 d. c.'s powers under, 218 — 221. 
 
 Small Holdings, 
 
 U. D. C. as agents for 0. 0. in providing, 8. 
 
 Smell 
 
 injurious to health, a nuisance, 264. 
 
 Smelting- WORKS, 
 
 exemption in case of, being offensive trade, 274. 
 
 Smoke, 
 
 when a nuisance, 267. 
 
 Snow, 
 
 bye-laws to prevent nuisance from, 272. 
 
 removal of, part of maintenance of main road, 124. 
 
 Solid Matter, 
 
 pollution or interference with flow of stream by, 303. 
 put into sewer or drain, 320. 
 
 Special Drainage Districts, 
 
 E. D. 0. can form, 104, 313, 350, 351. 
 
 " Special Expenses," 
 
 what are. See Expenses. 
 
 Special Sewer Rate 
 
 may be levied by U. D. C. as successors of Improvement Com- 
 missioners, 97. 
 
 Sporting Eights, 
 rating of, 99. 
 
 dd2 
 
404 INDEX. 
 
 Stair-case, 
 
 bye-laws as to structure of, 35. 
 
 Stallages 
 
 payable when U. D. C. market authority, 259. 
 
 Stand-pipe, 
 
 rate or rent for, provided by E. D. C, 355. 
 
 Statues 
 
 in streets, 157. 
 
 Steam, 
 
 injury to sewer by, 320. 
 
 Steam Swings and "Whirligigs, 
 bye-laws as to, 66. 
 
 Steps, 
 
 when a spurce of danger, 46. See Projections in Sh-ee/s. 
 
 Stock 
 
 issue of, by U. D. C, 30, 31. 
 
 Stopping up a Highway. See Highway. 
 
 Stoem or Surface Water, 
 
 conduit for, may be a "sewer," 308. 
 
 penalty for interfering with flow of, in sewer, 320. 
 
 restriction on passing, into sewers of adjoining d. c, 316. 
 
 Stream, 
 
 dangerous, 46. 
 
 definition of, by Rivers Pollution Act, 302. 
 
 pollution of. See Rivers Pollution. 
 
 rubbish not to be thrown into, 303. 
 
 sewage and filthy water not to be conveyed into, 301, 315. 
 
 when a " sewer," 308. 
 
 Street, 
 
 what is a, 33, 117. 
 
 cleansing of, 141. 
 
 dangerous places adjoining, 46, 155. 
 
 deposit of building, &c. material in, 157. 
 
 excavations in, d. c.'s control over, 157. 
 
 improvement of, d. c.'s powers as to, 135. 
 
 injury to pavement, &c. of, 139, 141. 
 
 interference with, by persons under statutory powers, 150, 
 
 337—339. 
 level of, d. c. can alter, 138. 
 lighting of, 256. 
 naming of, 156. 
 
INDEX. 405 
 
 Street — continued. 
 
 new street, bye-laws as to construction, &c. of, 32. 
 deposit of plans for, 36. 
 d. c. can alter and fix position of, 37. 
 d. c. can agree with landowner for making of, 119. 
 C. C. for construction of, 136. 
 purchase premises for purpose of making, 
 135. 
 " laying out and construction " of, what is, 38. 
 posts in, d. c. can erect, 138. 
 precautions during works in, 46, 152, 157. 
 private. See Private Streets. 
 projections from buildings in, 43. 
 refuges, 158. 
 
 repair of, duty of d. c, 138. 
 traffic in, d. c.'s control, 158. 
 trees in, 139, 159. 
 
 urinals, &c. in or under, 137, 160—162. 
 vesting of, in d. c, 137. 
 watering of, 141. 
 widening of, 135. 
 wires, &c. in, 137, 150—153. 
 See also Highicay. 
 
 Structure 
 
 used by sightseers, safety of, 49. 
 
 Surcharge 
 
 by auditor, 21, 22, 245. 
 
 appeal against, 21, 22. 
 recovery of, by d. c, 22. 
 
 Surface-Water. See Storm-water and Main Road. 
 
 Surveyor, 
 
 appointment of, 274, 275. 
 
 may hold post of inspector of nuisances, 275. 
 apportionment of expenses by, as to cleaning private court, 141. 
 
 private street works, 165, 
 
 168, 171, 175, 177. 
 repair of single private 
 
 drain, 309. 
 closet accommodation of 
 house, 330. 
 certificate of, as to connection of drains with sewer, 320. 
 
 highway expenses due to extraordinary 
 
 traffic, 145. 
 house made fit for habitation, 208. 
 duty of, to put up hoarding in case of a dangerous building, 
 
 &c., 45. 
 estimate by, of cost of connection of drains with sewer, 319. 
 private street works, 171—173. 
 
406 INDEX. 
 
 Surveyor — continued. 
 
 report of, as to carrying of sewer or main into private lands, 314. 
 sanitary conveniences in factory or workshop, 109. 
 drains of new house, 323. 
 privy accommodation of houses, 327. 
 highway repairable ratione tenura, 126. 
 in writing as to drain, closet, &c. being a nuisance, 
 
 324. 
 as to water-supply of house, 346. 
 intended contract by d. c, 70. 
 
 SwiMMINa-BATH, 
 
 U. D. 0. can provide, 24. 
 
 See also Baths and Wash-houses. 
 
 Swings, Steam, 
 
 bye- laws as to, 66. 
 
 TeIiEgraph Wires and Posts 
 in highways, 137, 150—153. 
 
 Telephones, 
 
 TJ. D. 0. can maintain public service, 335. 
 
 Tent, 
 
 infectious disease patient in, 222, 230, 232. 
 when a nuisance, 267. 
 
 Thames Conservators 
 
 exempt from private street works expenses, 177. 
 
 Theatre, 
 
 safety of, 48, 49. 
 
 Tidal Waters 
 
 may be declared by L. G. B. to be a " stream," 302. 
 what are, for purpose of Eivers Pollution Acts, 302. 
 
 Tithe and Tithe Commutation Eent-charge, 
 rating of owner of, 99, 107. 
 
 Tolls 
 
 payable when U. D. 0. the market authority, 259. 
 
 Towing-path, 
 
 rating of, 99, 107. 
 
 restriction on d. c.'s powers as to, 315. 
 
 Trade. See Offensive Trades. 
 
 Traffic, 
 
 bye-laws as to, where tramways, 340. 
 
 control of, by d. c, 158. 
 
 damage to road by extraordinary, 145 — 147. 
 
INDEX. 407 
 
 Tbam-wat, 
 
 d. c. can break open, for sanitary repairs, 338, 339, 
 
 rating of, 100, 107. 
 
 repair and maintenance of, 127, 128. 
 
 Tramways, 
 
 bye-laws by d. c. as to, 340. 
 
 d. c. can purchase, 339, 340. 
 
 d. c.'s expenses as to, 337. 
 
 licensing of drivers and conductors by d. c, 340. 
 
 promotion of, by d. c, 336, 337. 
 
 opposition to, by d. c, 336, 
 
 Tramway Company, 
 
 breaking up of roads by, 337 — 339. 
 bridges of, building and maintenance of, 127. 
 disputes between d. c. and, 339. 
 road, maintenance of, by, 127, 128. 
 
 Treasurer, 
 
 appointment of, 274, 275. 
 cannot officiate as clerk, 275. 
 
 Trees, 
 
 injury to, in streets, 1 39. 
 prejudicing the highway, 159, 160, 
 U. D. C. can plant, in streets, 159. 
 
 Umpire, 
 
 appointment of, 17. 
 
 Unemployed Workmen Act, 341. 
 
 Unfenced Land, 
 
 adjoining street, when a nuisance, 155. 
 
 Unfenced Quarry. See Quarry. 
 
 Unhealthy Area, 
 
 official representation as to, by medical officer, 197, 198. 
 improvement scheme for, by d. c, 197, 198. 
 
 advertisement and notices of, 200. 
 compensation for lands taken for, 204. 
 compensation to tenants displaced 
 
 by, 217. 
 confirmation of, by L. G. B., 201. 
 completion of, on default by d. c, 
 
 203. 
 contents of, 199. 
 execution of, 202, 203. 
 expenses and accounts, 204, 205, 217. 
 L. G. B. can order d. c. to make, 198. 
 
408 INDEX. 
 
 Unhealthy Aeea — continued. 
 
 improvement scheme for, may include more than one area, 197. 
 modification of, 202. 
 must provide for working-classes dis- 
 placed by, 199, 200. 
 Unhealthy Dwelling-house, 
 
 charging order by d. c. when owner has made house fit for 
 
 habitation, 208. 
 closing order, when d. c. can apply for, 206. 
 demolition order, when can be made by d. c, 207, 208. 
 dweUing-house, definition of, 205. 
 expenses and accounts of d. c. with regard to, 204, 205, 213, 
 
 217. 
 reconstruction scheme when demolition ordered, 211 — 213. 
 representation as to, by medical officer, 205. 
 
 by county medical officer, 214. 
 L. G. B.'s powers if d. c. ignore, 205. 
 E. D. C. must send copy of, to C. C, 213. 
 Unsound Food, 
 
 exposed, &c. for sale intended for human food, 
 burden of proof as to, 343. 
 inspection and seizure of, 341, 342. 
 person liable for, 342. 
 search warrant may be granted for inspection of, 343. 
 wrongful seizure and destruction of food, compensation for, 18, 
 19. 
 
 Ueinal, 
 
 d. c. can provide, in or under street, 137, 160 — 162. 
 
 d. c. can require, to be attached to refreshment house, &c., 331. 
 
 must not commimicate with a dairy, 261. 
 
 when a nuisance, 264. 
 
 Vaccination 
 
 by public vaccinator no disqualification, 290. 
 
 Vagrancy Act, 
 
 application of, to recreation grounds, 298. 
 
 Vagrants 
 
 received in common lodging-house, report to d. c, 196. 
 
 Van, 
 
 infectious disease patient in, 222, 230, 232. 
 
 used for human habitation, when a nuisance, 267. 
 
 Vault, 
 
 burial, may be sold by burial authority, 54. 
 
 not to be built under church in urban district, 55. 
 under street, d. c. can carry sewer or main under, 314, 349. 
 repair of, 42. 
 restriction on building, 41. 
 
INDEX. 409 
 
 Vehicle, Public, 
 
 disinfection of, 227, 228. 
 
 when d. c. must pay for, 228. 
 infections disease patient not to use, 232, 233. 
 
 Ventilation, 
 
 bye-laws as to, of new buildings, 34. 
 obstructive building preventing, 209. 
 of courts, 43. 
 
 Veterinary Surgeon, 
 
 inspection of cattle by, 238, 262. 
 
 Village Green, 
 
 included in the term " common," 69. 
 
 Volunteer Armoury, 
 
 exempt from private street works expenses, 167. 
 
 Vote, 
 
 casting, chairman has, 75, 76. 
 
 district councillor, when not to, 217, 295. 
 
 penalty for illegal voting, 294, 295. 
 equality of votes at election, 92, 93. 
 
 Wake 
 
 not to be held over corpse of infectious disease patient, 235. 
 
 Wall, 
 
 dangerous, 45, 46. 
 
 of new building, bye-laws as to, 33. 
 
 War Op^ice, 
 
 property of, d. c. cannot interfere with, 315. 
 
 Wards, 
 
 alteration of, by C. C, 71. 
 
 apportionment of members among, 7 1 . 
 
 district councillor can only represent one ward, 95. 
 
 division of parishes into, 73. 
 
 urban district into, 71. 
 
 Wash-houses. See Baths and Wash-houses. 
 
 Water, 
 
 land covered by, rating of, 99, 100, 107. 
 
 Wateb-oloset. See Closet. 
 
 Water Company, 
 
 definition of, 348. 
 
 d. c. may purchase undertaking of, 348. 
 
 restriction on d. c. supplying water in company's limits of 
 supply, 348, 349. 
 
 C. E K 
 
410 INDEX. 
 
 Water-course, 
 
 a " stream " under Eivers Pollution Acts, 302. 
 
 Water Main, 
 
 d. c. can carry, in or under private property, 349. 
 into adjoining district, 79, 80, 349. 
 interference with, by tramway company, 338. 
 
 Water Meter. See Meter. 
 
 Water Mill 
 
 interfering with drainage, &c. of district, d. c. can buy, 1. 
 
 Water Pipes. See Rain-water Pipes. 
 
 Water Pate or Pent, 
 assessment of, 354. 
 by whom payable, 354. 
 recovery of, 354. 
 when payable, 354, 
 
 leviable, 363, 355. 
 
 Water Piqhts, 
 
 acquisition of, by d. c. for water supply, 348. 
 vested in body by Act of Parliament, d. c. must not interfere^ 
 with, 315. 
 
 Water Spouts, 
 
 causing damp to building, 267. 
 of buildings, 43. 
 
 Water-supply, * 
 
 common lodging-house to have a sufficient, 195. 
 
 consumers' rights and obligations as to, 351 — 354. 
 
 cutting off of, on non-payment of rate or rent, 354. 
 
 default by d. c. to provide a, powers of L. G. B. and C. C, 82,. 
 347. 
 
 d. c. can compel house to have a sufficient, 
 (i) under P. H. Act, 1875. .344, 345. 
 (ii) under P. H. (Water) Act, 1878. .345— 347. 
 
 d. 0. can undertake water supply of district, 348, 349. 
 
 adjoining district, 350. 
 
 d. c. can lay down communication pipes with premises, 35 1 . 
 
 d. c. can supply public baths, &c. on favourable terms, 350. 
 
 " domestic purposes," d. c. must supply sufficient water for, 352. 
 
 land- owner can give charge to P. D. C. for expense of pro- 
 viding a, 350. 
 
 new house in rural district not to be occupied t^ithout sufficient, 
 344. 
 
 officers of d. c. can enter house to inspect sufficiency of, 344, 346. 
 
 pressure of, 353. 
 
INDEX. 411 
 
 Water - supply — continued. 
 
 public sources of, closing of, by d. c. when polluted, 344. 
 
 construction of, by d. c. for gratuitous supply, 
 
 343. 
 vesting of, in d. c, 343. 
 rate or rent for. See Water Rate. 
 
 E. D. C. can form special districts for purpose of a, 350, 351. 
 muse periodically inspect sources of, 344. 
 
 Water-works, 
 
 construction of, by d. c, 348, 349. 
 definition of, 348. 
 
 Watering of Eoads 
 byd. c, 141. 
 
 Weighing-machines ' 
 
 for locomotives, 148. 
 for markets, 258. 
 
 Weight, Excessive, . ■ 
 
 damage to roads by, 145 — 147. 
 
 Weir 
 
 interfering with drainage, &c., d. c. can buy, I. 
 
 Well, 
 
 closing of, when water impure, 344. 
 dangerous, adjoining street, 46. 
 filling up of, for sanitary reasons, 326. 
 public, vests in d. c, 343. 
 restriction on sinking of, 3. 
 
 Wharf 
 
 vested in body by Act of Parliament, d. c. no power to inter- 
 fere with, 315. 
 
 Whirligigs, Steam, 
 bye-laws as to, 66. 
 
 Wire, Barbed, 
 
 when a nuisance, 268. 
 
 Woman 
 
 may be a district councillor, 289. 
 
 Woodlands, 
 
 rating of, 99, 107. 
 
 Work-place, 
 
 what is a, 109. 
 
412 INDEX. 
 
 Workshop,"' 
 
 what is a, 108. 
 
 cleansing and limewashing of, 110. 
 
 means of escape from fire in. 111. 
 
 out- work from, d. c.'s control over, 112. 
 
 overcrowding of, 266. 
 
 register of, d. c. must keep, 109. 
 
 sanitary conveniences in, 109. 
 
 when a nuisance, 109, 110, 266. 
 
 Working Classes, 
 
 housing of, 199, 200, 212, 214—217. 
 
 Worship, Places of Public, 
 
 exemption from poor rate, 167. 
 safety of, 48, 49. 
 
 Yards, 
 
 paving of, 35, 42. 
 
 PSmXED B7 C. F. BOWOBTH, OBBAT ITEW STBEET, FETTEB LANE, E.C. 
 
T£L£6ffAPH/C ADDRESS— Ifa^ iQno TELEPHONE— 
 "RHODRONS, LONDON." JndJ, lUUO. No. 1388 (HOLBORN). 
 
 CATALOGUE 
 
 OF 
 
 LAW WORKS 
 
 PUBUSHKI) BT 
 
 STfi;VBNS AND SONS, Ltd. ' 
 
 119 & 120, Chancery Lane, London. 
 
 A Catalogue of Modem Law Works, together tdth 
 a complete Chronological List of all tlie English, Irishy 
 and Scotch Reports, an Alphabetical Tahle of Ahhreria- 
 tiorus uaerf in referetice to Law Rejwrts and Text Books, 
 a Legal Remembrance Table, and a Regal and Successional 
 Table from 1760, and an Index of Subjects. Demy %vo. 
 (128 pp.), limp binding, post free. (1908.) Qd. 
 
 A.ctS of Parliament. — Public and Local Acts from an 
 early date may be had of the Publishers of this Catalogue, 
 who have also on sale the largest collection of Private Acts, 
 relating to Estates, Enclosures, Railways, Roads, 8fc., 8fc. 
 
 A. B. C. (The) GUIDE TO THE PRACTICE OF THE 
 SUPREME COURT, I908.-- Sixth Edition, By Feancib 
 A. Steinoee, Esq., of the Central Office of the Supreme Court. 
 Roy. 12iTio. Net, 6«. 
 
 •,* Tells the Legal Practitioner clearly and in few words how, wlien and 
 where he may take such step in procedure as he may decide to take, 
 and defines the mode, time and place with precision. 
 " Of great service to the profession." — Solicitor^ Journal. 
 
 ACCOUNT.— Williams' Law of Account. — Being a concise Treatise 
 
 on the Right and Liability to Account, the taking of Accounts, and 
 
 Accountants' Charges. By Sydney E. WiiiUAMS, Esq., Author of 
 
 " Law relating to Legal Representatives," &c. Demy8vo. 1899. 10». 
 
 "A well-arranged book, which Hhould be very useful to receivers and 
 accountants generally, as well as to both branches of the legal profession." — 
 Law Journal, 
 
 ADMIRALTY.— Roscoe's Admiralty Practice. -A Treatise on 
 
 the Admiralty Jurisdiction and Practice of the High Cnurt of Justice 
 
 and ou the Vice- Admiralty Courts and the Cinque Ports, &c., with 
 
 an Appendix containing Statutes, Rules as to Fees and Costs, Forms, 
 
 Precedents of Pleadings and of Bills of Costs. Third Edition. By 
 
 E. S. RosooK, Registrar, Admiralty Court, and T. Lajcbket Mbabs, 
 
 Esqrs., Barristers-at-Law. Demy 8vo. 1903. 1/. 5s. 
 
 " A reliable g^de to the practice of the High Court in Admiralty matters." 
 
 — Law Journal. 
 
 *,* All »ta>uiard Law Works are kept in Stock, in law ealf atid other bindingt. 
 
 A. 
 
STEVENS AND SONS, LIMITED, 
 
 ADULTERATION. -Bariley's Adulteration of Food.— Statutes 
 and Cases dealiug with Cotfee, Tea, Bread, Seeds, Food and 
 Drugs, MaigariTiP. Milk Blended Butter, Fertilisers and Feeding 
 Stutt's, &c., &o. Third Edition. By Douglas C. Baetlky, Esq., 
 Barrister-at-Law. Roy. 12mo. 1907. 10a. 
 
 " Not only concise but precise." — Law Times. 
 Hall's Law of Food Condemnation.— Being a short Treatise on the 
 Sections of the various Public Health Acts dealing with the subject. 
 By W. Clarke Hall and G. H. Pickeeing, Esqrs., Barristers-at- 
 Law. With Prefatory Note by Willl^m Field, Esq., M.P. Royal 
 8vo. 1906. Net, 2s. 6d. 
 
 ADVOCACY.- Harris' Hints on Advocacy.— Conduct of Cases, 
 Civil and Criminal. Classes of Witnesses and Suggestions for Cross- 
 examining them, &c., &c. By Righabd Haeeis, K.C. Thirteenth 
 Edition, with an Introduction. Royal 12mo. 1906. 7«. 6i. 
 
 " A very complete Manual of the Advocate's art in Trial by Jury." — Sol. Jour. 
 " Deserves to be carefully read by the young barrister whoNe career ih yel 
 before him." — Lnw Magazine. 
 
 " The advice is practical and shrewd, the illustrations are apt." — Law Journal. 
 
 AFFILIATION.— Bott's Manual of the Law and Practice in 
 Affiliation Proceedings, with Statutes and Forms, Table of Q-esta- 
 tion, Forms of Agreement, &c. By W. Hollowat Bott, Solicitor. 
 Demy 12mo. 1894. 6«. 
 
 AGRICULTURAL LAV/.-Dixon.— Ft^ "Farm." 
 
 Spencer's Agricultural Holdings (England) Acts, 1883 — 1900, 
 
 with Explanatory Notes. — Third Edition. By Aubeey J. Spencee, 
 
 Esq., Barrister-at-Law. Demy 8vo. 1906. 7». 6d, 
 
 " We do not hesitate to recommend this book. The value oi the book is 
 
 enhanced by the addition of a large number of useful forms." — Liw Journal. 
 
 ANCIENT WORDS.— Betts' Glossary of Ancient Words.— 
 
 Mostly in connection with Fines and Mulcts. Also with Services 
 and Tributes due to and Rights of the King, the Church, or Lords 
 of Manors, and Privileges claimed by them. Also concerning 
 Punishments for certain Offences and Crimes. Compiled by Aethtje 
 Betts, Gent. Part I., letter A. 4to. 1907. Sewed. Net, 10s. Gd. 
 
 ANNUAL COUNTY COURTS PRACTICE. — The 
 
 Annual County Courts Practice, 1908, — By His Honour Judge 
 Smylt, K.C, assisted by W. J. Beooks, Esq., Barrister-at-Law. 
 2 vols. Demy 8vo. II. 6s. 
 
 *^* A thin paper edition in 1 Vol. may be had, price 25s. ; or, 
 on India paper, 3s. 6d. extra. 
 
 " The prof ession generally have gratefully recognized the very great value of 
 this book. It admirably fullila the essential requisites of a practice book. It is 
 complete without bein? discui-sive or of unwieldy bulk ; it is accurate and easy of 
 reference, and throughout bears the stamp of having been compiled by a man 
 who is thoroughly acquainted with his subject." — Law Times. 
 
 ANNUAL DIGEST.— Mews'.— F«<fe "Digest." 
 ANNUAL LIBRARY, THE LAV/YER'S :- 
 
 (1) The Annual Practice.— Snow, Bueney, and Steinqkr 
 
 (2) The A. B. C. Guide to the Practice. — Steinoee. 
 
 (3) The Annual Digest. — Mews. {Also issued Quarterly/.) 
 
 (4) The Annual Statutes.— Hanbttey Aggs. 
 
 (5) The Annual County Court Practice. — Smyly. 
 
 (6) The Magistrate's General Practice. — Atkinson. 
 
 1^" Annual Subscriptions. («) For Complete Series, as above, delivered on 
 the day of publication, net, '21. 18«. {b) Nos. 1, 2, 3, 4, and 6 onlv, net, 
 21. 8». {c} Nos. 3, 4, 5, and 6 only, net, 21. 5s. {If A. B. C. Gttidk 
 is not wanted 2s. 6d. may be deducted/or subscription to Series {a) or {b).) 
 T/Magisteate's Peacticb is not wanted 10s. may be deducted from any 
 series. {Carriage extra, 2«.) 
 
 •^* All standard Law Works "-re kept t» Stuck, in law calf and other bindings. 
 
tl9 A 120, CHANCERY LANE, LONDON, W.O. 3 
 
 ANNUAL PRACTICE. -The Annual Practice. 1908. Edited 
 by T. Snow, Barrister-at-Law ; C. Btjenkt, a Master of the Supreme 
 Court ; and F. A. Steingek. of the Central Office. 2 vols. 8vo. (A 
 thin paper edition in 1 Vol. may be had, price '25s. net; on India 
 paper, 3«. 6d. extra.) Net, 11. 5s. 
 
 " A book which every practising English lawyer must have." — Law Quarterly. 
 "Every member of the bar, in practiee.and every London solicitor.at all events, 
 finds the last edition of the Annual Practice a necessity."— .foJicttnr*' Journal. 
 
 ANNUAL STATUTES.— Fide "Statutes." 
 
 ARBITRATION.— Russell's Treatise on the Power and Duty 
 of an Arbitrator, and the Law of Submissions and Awards; 
 with an Appendix of Forms, and of the Statutes relatinj;: to 
 Arbitration. Ninth Edition. By Edwabd Pollock, Esq., an OfiBcial 
 Referee of the Supreme Court of Judicature, and Haeold Waeben 
 Pollock, Esq., Barrister-at-Law. Royal 8vo. 1906. 1^. 10«. 
 
 " Every matter likely to arise is here dealt with, and the book deservedly 
 maintains its position as the leading authority on arbitration." — /,aw Times. 
 
 "After a careful examination of the wav in which the work has been done, 
 we may say that nothing which the practitioner will want to know seems to have 
 been omitted." — Law Journal. 
 
 ARGENTINE REPUBLIC, Code of Commerce.— 
 
 Translated by G. Wilson-Rab and Beenaedo dk Speluzzi. Demy 
 8vo. 1904. Net, II. 
 
 AUCTIONEERS. — Hart's Law relating to Auctioneers, House 
 
 Agents and Valuers, and to Commission. — By Hkbeb Haet, Esq., 
 
 LL.D., Barrister-at-Law. Second Edition. Demy Svo. 1903. 15«. 
 
 " Recommended not only to lawyers, but also to auctioneers and property 
 
 agents who wish to inform themselves as to their legal position." — Law Journal. 
 
 AVERAGE.— Hopkins' Hand-Bookof Average. — Fourth Edition. 
 
 By Manlet Hopkins, Esq. Demy Svo. 1884. 1/. 1«. 
 
 Lowndes' Law of General Average. — English and Foreign. 
 
 Fourth Edition. By Richard Lowndes, Average Adjuster, Author 
 
 of " The Law of Marine Insurance," &c. Royal Svo. 1888. II. 10». 
 
 BANKING.— Hart's Law of Banking.— Second Edition. With an 
 Appendix on the Law of Stoik Exchange Transactions. By Hebeb 
 Haet, Esq., LL.D., Barrister-at-Law. Royal Svo. 1906. 1/. 10». 
 
 " Well arranged and clearly written, and its value is enhanced by an excellent 
 index .... of great use both to the lawyer and to the banker."— /^iw Journal. 
 
 " The book is characterised at once by clearness and fulness .... very useful 
 in all matters affecting banks and their customers." — Soliritnrs' Journal. 
 
 " The most comprehensive and most complete ever published on the Law of 
 Banking." — Sank Notfs. 
 
 " The best all-round work on banking law which is in existenco .... excel- 
 lently written, and the arrangement of the various divisions of the work is 
 excellent also." — Financial News. 
 
 Walker's Treatise on Banking Law. — Second Edition. By J. D. 
 Walkee, Esq., K.C. Demy Svo. 1SS6. lft». 
 
 BANKRUPTCY. — Lawrance's Precedents of Deeds of Ar- 
 rangement between Debtors and their Creditors; including 
 Forms, with Introductory Chapters, also the Deeds of Arrangement 
 Acts, 1887 and 1890, with Notes. Fifth Edition. By AethubLaw- 
 BENCE, Esq., Barrister-at-Law. Demy Svo. 1900. 7». 6d. 
 
 " Condae, practical, and reliable."— iaio Times. 
 Pellerin. — Fide "French Law." 
 
 Williams' Law and Practice in Bankruptcy. — Comprising the 
 Bankruptcy Acts, 1883 to 1890, the Bankruptcy Rules and Forms, 
 &c. By the Right Hon. Sir Roland L. Vauqhan Wiluams, a Lord 
 Justice of Appeal. Ninth Edition. By Edwabd Wm. Hanseix. 
 assisted by A. Romee Macklin, Esqr8.,"Barri8ters-at-Law. Royal 
 Svo. 1908. \l. 10#. 
 
 " The leading text-book on bankruptcy."— iatc JounuU. 
 * * All standard Law Works are btpl in Stnek, in late ealf and other hinding^ . 
 
 a2 
 
8TEVTW8 AND SONS, LIMITED, 
 
 BILLS OF EXCHANGE. -Chalmers' Digest of the Law of 
 Bills of Exchange, Promissory Notes. Cheques and Negoti- 
 able Securities. Sixth Edition. By M. D. CHAT.MKfta. C. S- I., 
 Drauffhtsman of the Bills of Exchang-e Act. Demy 8vo. 1903. II. 
 " Tiie leadinfr book on bills of exehanjfe." — I, mv Journal. 
 
 BILLS OF LADING. -Pollock's Bill of Lading Exceptions.— 
 By Hknut R. Pollock. Second Edition. DemySvo. 1896. 10«. 6rf. 
 
 BOR ROWERS.- Alabaster.— 7'«<fe "Money- Lenders." 
 BUILDING ACTS rLondon). — Cohen, C r ales. — Vide 
 
 " London Building Acts." 
 
 BUILDING SOCIETIES.— Wurtzburg on Building Societies. 
 — The Law relating to Building Societies, with Appendices containing 
 the Statutes, Regulations, Act of Sederunt, Forms of Annual Account 
 and Statement, and Prec»ients of Rules and Assurances. Fourth Edit. 
 ByE. A. WuETZBUEO, Esq.,Barrister-at-Law. DemySvo. 1902. 16«. 
 
 CARRIERS. -Carver's Treatise on the Law relating to the Car- 
 riage of Goods by Sea. — Fourth Edition. By Thomas Gilbeet 
 Cabvbr, Esq., K.C. Royal 8vo. 190o. 1^. 16s. 
 
 " The sta:id>ird modem book on Carriage by Sea." — Law Journal. 
 " An able and practical statement of an extremely important branch of the 
 law." — Solicitor'' lourual. 
 
 " Stands in the first rank of Text-books." — Law Quarterly Review. 
 
 Disney's Law of Carriage by Railway — By Henbt W. Disney, 
 
 Esq., Barrister-at-Law. Demy 8vo. 1905. 7«. &d. 
 
 '■ Will be found a real assistance to any person suddenly confronted with 
 
 a knotty question on the carriage of goods or of persons . . . can be cordially 
 
 recommended to the lawyer."- iait; Times 
 
 Macnamara's Law of Carriers of Merchandise and Passengers 
 by Land. — Second Edition. By Waltkh Henbt Maonamaea, Esq., 
 a Master of the Supreme Court, Registrar to the Railway Commis- 
 sion, and W. A. Robebtson, Esq., Barrister-at-Law. Royal Svo. 
 1908. [Nearly ready.) 
 
 Sieveking's German Law Relating to the Carriage of Goods by 
 Sea. — ByDr.ALFEEDSiEVEZiNO, of Hamburg. Demy8vo. 1907. \hs. 
 
 CHANCERY, und Vide •' Equity." 
 
 Oaniell's Chancery Practice.— ITie Prac-ticeof the Chancery Uivision 
 of the High Court of Justice and on appeal therefrom. Seventh 
 Edition, with references to the companion volume of Forms. By 
 Cecil C. M. Dale, Chaeles W. Geeenwood, Sydney E. Williams. 
 Esqrs., Barristers- at- Law, and Feancis A Steinoke, Esq., of the 
 Cfntral Office. 'I vols. Royal Svo. 1901. hi. 5s. 
 
 "With Daniell the practiticmT is 'personally conducted,' and there are very 
 few lawyers who will not. be grateful for such gruidance, carried out as it is by 
 the collaboration of the most competent hand»." — Law Jounvd. 
 
 Oaniell's Forms and Precedents of Proceedings in the Chancery 
 Division of the High Court of Justice and on Appeal there- 
 from Fifth Eilition, with summaries of the Rules of the Supreme 
 Court ; Practical Notes ; and references to the Seventh Edition of 
 Dauiell's Chaiu cry Practice. By CnAKLKe PTTETotY. E.'^q , >i Master 
 of the Supreme Court. Royal J^v.v 1901. 2/. 10s. 
 
 "The book is too well-established in professional fuvuur to stand in need of 
 commendation." — Solicitors' Journal. 
 
 CHILDREN.— Hall's Law Relating to Children.— A Short Treatise 
 on the Personal Statusof Children, including the complete text of the 
 Prevention of Cruelty to Children Act, 1904, and of all Statutes or 
 Sections of Statutes relatmg to the Protection of Children, with 
 Notes and Forms. Second Edition By W. Olaekh Hai.l and Cecil 
 W. LiLLEY, Esqs., Barristers-at-Law. Demy Svo. igo.*). 10s. e,d. 
 
 " A complete! treatise on the personal stitus of children.'' — Law Tim's. 
 
 "A practical and reliable treatise on the law relatinsr to children." — Law Jour. 
 
 "A full and useful guide in questions relating to children."— Solicitors' Journal. 
 
 " Every solicitor should have a copy." — Law Notes. 
 
 *J* All standard haw Worku are kept in Stocky t« law ealf and other himdinq*. 
 
119 ft 120, CHANCERY LANE, LONDON, W.C. 6 
 
 CHURCH LAW. -Whitehead's Church Law. Being a Coucise 
 Dictionary of Statutes, Canons, Regnlaiioiis, and Decided Casee 
 affecting the Clergy and Laity. Second Edition. By Benjason 
 Whitehead, Esq., Barrister-at-Law. Demy 8vo. 1899. 10». 6d. 
 
 CIVIL CODE.— Wang's German Civil Code.— Translated and 
 Annotated, with an Historical Introduction and Appendices By 
 Chung Hui Wang, D.C.L., Esq. Royal Svo. 1907. 11. 1*. 
 
 CIVIL ENGINEERS.— Macassey and Strahan's Law relating 
 to Civil Engineers, Architects and Contractors. — WithaChapter 
 on Arbitrations. Second Edition. By -L. Livingston Maoasset and 
 J. A. Stkahan, Esqrs., Barristers-at-Law. DeraySvo. 1897. 12*. 6d. 
 
 CIVIL LA^V. — Schuster on the Principles of German Civil 
 Law. — By Eenest J. Schuster, Esq., Barrister-at-Law. Demy Svo. 
 1907. Net, Us. 6d. 
 
 COAL. — Cockburn's Law of Coal, Coal Mining, and the Coal 
 
 Trade, and of the Holding, Working, and Trading with 
 
 Minerals generally. — By John Heney Cookbuen, Solicitor. 
 
 Royal Svo. 1902. U. 16<. 
 
 " A book in which the whole law of miues and minerals is discussed fully and 
 with considerable ability." — Law Journal. 
 
 COLLIERIES : (Management and Rating of).— 
 
 Hans Hamilton and Forbes. — Vide *' Rates and Rating." 
 COLLISIONS. — Marsden's Treatise on the Law of Collisions 
 at Sea, — Fifth Edition. By RkoinaldO. Mabsdbn, Esq., Barrister- 
 at-Law. Ro.val Svo, 1904. II. 10s. 
 COLONIAL AND FOREIGN LA^V. -Burge's Commen- 
 taries on Colonial and Foreign Laws Generally and in their 
 Conflict with each other. — New and Enlarged Edition. By 
 A. WoodRenton, Esq. , Puisne Judge, Ceylon, and G. G. Fhillimobe, 
 Esq., Barrister-at-Law, assisted by Experts in the several systems of 
 Law. 5 vols. Royal Svo. {Vol. I., 1907, now ready.) Net, d>l. %s. 
 •),* Full Prospectus on application. 
 Surge's Colonial Laws and Courts. — With a sketch of the Legal 
 Systems of the World and Tables of Conditions of Appeal to the Privy 
 Council. Edited by A. Wood Renton, Esq., Puisne Judge, Ceylon, 
 and G. G. Phillimoee, Esq., Barrister-atrJLaw. Royal Svo. 1907. 
 
 Net, lbs. 
 COMMISSION.- Hart.— Firf« " Auctioneers." 
 
 COMMON LAV^.— Chitty's Forms.— Vide " Forma." 
 
 Pollock's Expansion of the Common Law. — By Sir Feedk. 
 Pollock, Bart., D.C.L., Barrister-at-Law. Demy Svo. 1904. 6«. 
 " Every student should read this last valuable addition to legal literature."— 
 Law TimtB. 
 
 " The lectures treat of the progress of the common law from early times with 
 an eloquence and a wealth of illustration which alone would make tliem fascinating 
 reading for the student of law or history."— /.au- Journal. 
 
 Shirley. — Fi^fo " Leading Cases." 
 
 Smith's Manual of Common Law. — For Practitioners and StudentA. 
 Comprising the Fundamental Principles, with useful Practical Rulec 
 and Decisions. Twelfth Edition. By C. Spueuno, Esq., Barrister- 
 at-Law. Demy Svo. 1906. \hs. 
 " The student might use this work as a first book with considerable advantage." 
 — Law Student^ Journal, 
 
 •^* A U standard Law fVorks are kept in Stock, in law calf and other bindings. 
 
STEVENS AND SONS, LIMITED, 
 
 COMPANY LAVf.— Aggs' Companies Act, T907.— With 
 Explanatory lutrodiiction and Notes. By W. Hanbuey Aqgs, Esq., 
 Barrister-at-Law. Royal 8vo. 1908. Net, \s. 6d. 
 
 Goirand. — Vide "French Law." 
 
 Hamilton's Manual of Company Law. ByW. F. Haiulton, Esq., 
 
 LL.D., K.O. Second Edition. By the Author, assisted by Peeoy 
 
 TiNDAi-RoBEETSON, Esq., Barrister-at-Law. DemySvo. 1901. 11. Is. 
 
 " A sound and eminently useful manual of company law." — Solicitors' Journal. 
 
 Palmer's Company Law. — A Practical Handbook for Lawyers and 
 Business Men. With an Appendix containing the Companies Acts, 
 1862 to 1900, and Rules. Fifth Edition. By Sir Feancis Beaufoet 
 Palmes, Barrister-at-Law. Royal 8vo. 1905. 12s. 6d. 
 
 " For the purposes of the ordinary lawyer or business man there is no book 
 on this very complex subject which we can more confidently recommend." — 
 Law Jovrnal. 
 
 "Whatever Mr. Palmer says on Company Law comes stamped with an 
 authority which few would dare dispute." - Law Notes. 
 
 " Palmer's ' Company Law ' is one of the most useful and convenient text- 
 books on the practitioner's bookshelf." — Law Times. 
 
 " Perhaps what practising lawyers and business men will value 
 most is the precious quality of practicality."— ia"" Quarterly Review. 
 
 Palmer's Company Precedents.— 
 
 Fart I. GENESAL FOBMS. 
 
 Promoters, Prospectuses, Underwriting, Agreements, Memoranda 
 and Articles of Association, Private Companies, Employes' Benefits, 
 Resolutions, Notices, Certificates. Powers of Attorney, Banking and 
 Advance Securities, Petitions, Writs, Pleadings, Judgments and 
 Orders, Reconstruction, Amalgamation, Special Acts. With Copious 
 Notes and an Appendix containing the Acts and Rules. Ninth 
 Edition, with Revised Table A. By Sir Feancis Beaufoet Palmee, 
 
 Barrister-at-Law, assisted by the Hon. Chaeles Macnaqhten, 
 K.C., and Feank Evans, Esq., Barrister-at-Law. Roy. 8vo. 1906. 
 
 U. 16s. 
 *^* The Revised Table A , with Notes and Supplementary Forms, 
 separate, JVet, Is. 6d. 
 
 " Despite his many competitors, Mr. Palmer 
 ' Holds solely sovereign sway and masterdom.' " — Law Quarterly Review. 
 
 " No company lawyer can afPord to be without it." — Law Journal. 
 Part II. WINDING-UP FORMS AND PEACTICE. 
 Compulsory Winding-Up, Voluntary Winding-Up, Winding-Up 
 under Supervision, Arrangements and Compromises, with Copious 
 Notes, and an Appendix of Acts and Rules. Ninth Edition. 
 By Sir Feancis Bbaufoet Palmee. assisted by Feank Evans, Esqr., 
 Barristers-at-Law. Royal 8vo. 1904. 11. 12s. 
 
 " The book par excellence for practitioners. There is nothing we can think of 
 which should be within the covers which we do not find." — Law Journal. 
 
 Part III. DEBENTUEES AND DEBENTUEE STOCK. 
 
 Debentures, Trust Deeds, Stock Certificates, Resolutions, Prospectuses, 
 Writs, Pleadings, Judgments, Orders, Receiverships, Notices, Mis- 
 cellaneous. With Copious Notes. Tenth Edition. By Sir Feancis 
 Beaufoet Palmee, Bencher of the Inner Temple. Royal 8vo. 
 1907. 11. 5s. 
 
 " The result of much careful study Simply invaluable to debenture- 
 holders and to the legal advisers of such investors." — Financial News. 
 
 Palmer's Companies Act, 1907, and Limited Partnerships Act, 
 1907, with Explanatory Notes. — By Sir Feancis Beaufoet 
 Palmee, Bencher of the Inner Temple. Royal 8vo. 1908. 6s. 
 
 " The skill of the master-hand is con-'pieuous on every page." — Lrw Times. 
 " Certain to find its way to the bookshelf of every lawyer who prides himself 
 upon doing company work intelligently and ■well."— Financial News. 
 
 %* A II standard Law Worki> are kept in Stock, in law calf and other bindings. 
 
119 & 120, CHANCERY LANE, LONDON, W.O. ; 
 
 COMPANY I. AyU -continued. 
 
 Palmer's Private Companies, their Formation and Advantages; 
 being a Concise Popular Statement of the Mode of Converting a 
 Business into a Private Company, with Notes on Limited Partner- 
 ships. Twenty-second Edition. By Sir F. B. Palhbb, Barrister-at- 
 Law. 12mo. 1908. Mt, U. 
 
 Palmer's Shareholders, Directors, and Voluntary Liquidators' 
 Legal Companion. — A Manual of Every-day Law and Practice for 
 Promoters, Shareholders, Directors, Secretaries, Creditors, Solicitors, 
 and Voluntary Liquidators of Companies under the Companies Acts, 
 1862 to 1900, with Appendix of useful Forms. Twenty-fourth Edit. 
 By Sir F. B. Paimee, Barrister-at-Law. 12mo. 1907. Net, 2«. 6d. 
 COMPENSATION.— Cripps' Treatise on the Principles of the 
 Law of Compensation. By C. A. Cbipfs, Esq., K.C. Fifth 
 Edition. By the Author, assisted by A. T. Laweencb, Esq., 
 Barrister-at-Law. Royal Svo. 1905. II. 6a. 
 
 " A clear and practical expositi'in of this branch of the law." —Solicitors' Journal. 
 " There are few men whose practical knowledge of the subject exceeds that of 
 the learned author." — Law Quarterly Review. 
 
 COMPOSITION DEEDS.— Lawrance.— r«fe "Bankruptcy." 
 
 CONDITIONS OF SALE.— Farrer.-Firfe "Vendors & Pur- 
 chasers." 
 Webster. — Vide " Vendors and Purchasers." 
 
 CONFLICT OF LAWS.-Dicey's Digest of the Law of 
 England with reference to the Conflict of Laws. — By A. V. 
 DiCKT, Esq., K.C, B.C.L. With Notes of American Cases, by 
 Professor Mooek. Royal Svo. 1896. 1^. 10». 
 
 CONSTITUTION.— Anson's Law and Custom of the Constitu- 
 tion. Third Edition. By Sir William R. Anson, Bart., Barrister- 
 at-Law. 3 vols. Demy Svo. Vol. II. Part I. The Crown. 1907. 
 
 Net, 10«. 6rf. 
 
 CONSTITUTIONAL LAW.— Ridges' Constitutional Law of 
 England. — By E. Wavell Ridges, Esq., Barrister-at-Law. Demy 
 Svo. 1905. 12«. 6rf. 
 
 "... We think this book will be found a very useful compendium of con- 
 stitutional law. The more especially as it enables the student to obtain a 
 completer view of the wnole field than is obtainable from any 
 other book with which we are acquainted."— /^fw Notes. 
 
 "Mr. Ridges has produced a book which will rank high as a practical guide 
 on matters constitutional and political . . . the book is an able and practical 
 contribution to the study of constitutional \a,vi."— Solicitors' Journal. 
 
 CONTRACT OF SALE.— Blackburn.— Tirfe "Sales." 
 
 Moyle's Contract of Sale in the Civil Law.— By J. B. Motlk, 
 Esq., Barrister-at-Law. 8vo. 1892. 10*. 6d. 
 
 CONTRACTS.— Addison on Contracts. — A Treatise on the Law 
 of Contracts. Tenth Edition . By A. P. Peeoeval Keep and William 
 E. GoEDON, Esqrs., Barristers-at-Law. Royal Svo. .1903. 21. 2«. 
 " Essentially the practitioner's text-book."— iaui Journal. 
 " Among all the works on Contracts, there is none more useful to the practi- 
 tioner than Addison." — Law Times. 
 
 Anson's Principles of the English Law of Contract.— By Sir W.R. 
 Anson, Bart., Barrister-at-Law. Eleventh Edit. 1906. 10«. 6d. 
 
 Pry, — yidt " Specific Performance." 
 •^« All standard Law Works are kept in Stock, in law calf and otittr bindings. 
 
8 STEVENS AND SONS, LlMltm), _ 
 
 COtiTR ACTS— continued. 
 
 Leake's Law of Contracts, — Principles of the Law oi Contracth. 
 By the late S. Maetin Leake. Fifth Edition. By A. E. R&.ndai.l, 
 Esq., Barrister-at-Law. Royal 8 vo. 1906. 1^. 12«. 
 
 " The high standard attained in the former issues has been well sustained. 
 and the work carefully revieied and brought well up to d.ite."— Law Times. 
 
 "A full and reliable guide to the principles of the English Law of Contract," 
 — Law Journni, 
 
 " Admirably suited to serve the purpose of tlie practitioner .... the worV 
 is complete, accmrate, and easy of reference." — Solicitors' Journal. 
 
 Pollock's Principles of Contract.— A Treatise on the General 
 Principles concerning the Validity of Agreements in the Law of 
 England. Seventh Edition. By Sir Febdeeick PoiiLOCK, Bart., 
 Barrister-at-Law, Author of " The Law of Torts," "Digest of the 
 Law of Partnership," &c. Demy 8vo. 1902. \l. 8s. 
 
 "A work which, in i.ur opinion, shows great ability, a discerning mtelleot, a 
 comprehensive mind, and painstaking industry." — Law Journal. 
 
 CONVEYANCING. — Brickdale & Sheldon. — Ftrfe "Land 
 Transfer." 
 Dickins' Precedents of General Requisitions on Title, with Ex- 
 planatory Notes and Observations. Second Edition. By BLeebeet 
 A. Dickins, Esq., Solicitor. Royal r2mo. 1898. 5». 
 
 " We cannot do better than advise every lawyer with a conveyancing practice 
 to purchase the little book and place it on his shelves forthwith." — Law Notes. 
 
 Farrer, — Vide " Vendors and Purchasers." 
 
 Greenwood's Manual of the Practice of Conveyancing. To 
 which are added Coucise Common Forms iu Conveyancing. — Ninth 
 Edition. Edited by Haeey Grkknwood, M.A., LL.D., Esq., 
 Barrister-at-Law. Roy. Svo. 1897. II. 
 
 " We should like to see it placed by his principal in the hands of every articled 
 clerk. One of the most useful practical works we have ever seen." — Law Stu. Jo. 
 
 Hogg's Precedents of Conveyancing Documents for Use in 
 Transactions Relating to Registered Land under the Land 
 Transfer Acts, 1875 & 1897. — With Notes. By Jambs Edwaed 
 Hogg, Esq., Barristor-at-Law. Royal Svo. 1907. 12s. 6d. 
 
 Hood and Challis' Conveyancing, Settled Land, and Trustee Acts, 
 and other recent Actf* affecting Conveyancing. With Conmaentaries. 
 Sixth Edition. By Peecy F. Wheelee, assisted by J. I. Stieling^ 
 Esqrs., Barristers -at -Law. Royal 8 vo. 1901. II. 
 
 "This is the best collection of conveyancing statutes with which we are 
 acquainted. . . . The excellence of the commentaries which form part of this 
 book is so well known that it needs no recoijjciendation from us." — Law Journal. 
 
 Jackson and Gosset's Precedents of Purchase and Mortgage 
 Deeds. — By W. Howland Jackson and Thoeold Gosset, Esqrs., 
 Barristers-at-Law. Demy Svo. 1899. 7s. 6d. 
 
 Prideaux's Precedents in Conveyancing — With Dissertations on 
 its Law and Practice. 19th Edition. By John Whitcombb and 
 Benjamin Lennaed Cheeey, Esqrs., Barristers-at-Law. 2 vols. 
 Royal Svo. [October) 1904. 3/. 10.?. 
 
 " ' Prideaxix * is the best work on Conveyancing." — Law Journal. 
 
 " Accurate, concise, clear, and comprehensive in scope, and we know of no 
 treatise upon Conveyancing whioi is so generally useful to the practitioner."— 
 Law Times. 
 
 " The dissertations will retain theii- time-honoured reputation." — Law Journal. 
 
 Strachan's Practical Conveyancing. By Waltke Steachan, Esq., 
 Ban-ister-at-Law. Rojral 12mo. 1901. 8s. 6d. 
 
 Webster. — Vide " Vendors and Purchasers." 
 Wolstenholme.— 7"irfe "Forms." 
 •,* .Alt standard Law Wurk* art kept in Stock, in law calf a/nd other binding),. 
 
119 & 120, CHANCERY LANE, LONDON, W.O. 
 
 CORONERS. — Jervis on Coroners.— With Forms and Precedents. 
 Sixth Edition. By R. E. Melsbeiheb, Esq., Barrister -at- Law. 
 Post 8vo. 1898. 10«. 6rf. 
 
 COSTS.— Johnson's Bills of Costs.— With Orders and Rules as to 
 Costs and Court Fees, and Notes and Decisions relating thereto. 
 By HoEAOE Maxwell Johnson, Esq., Barrister-at-Law. Second 
 Edition. Royal Svo. 1901. U. Us. 
 
 Webster's Parliamentary Costs.— Private Bills, Election Petitions, 
 Appeals, House of Lords. Fourth Edition. By C. Cavanaqh, Esq., 
 Barrister-at-Law. Post Svo. 1881. II. 
 
 COUNTY COURTS.— The Annual County Courts Practice, 
 
 1908. By His Honour Judge Smtlt, K.C, assisted by W. J. 
 
 Bbooks, Esq., Barrister-at-Law. 2 vols. Demy 8vo. 1/. 6». 
 
 %* A thin paper edition in 1 Vol. may be had, price 25«. ; or, 
 
 on India paper, 3s. 6d. extra. 
 
 " Invaluable to the Coiinty Court practitioner." — Law JoumaX. 
 
 COVENANTS.— Hamilton's Concise Treatise on the Law of 
 Covenants. — Second Edition. By G. Baldwin Haiolton, Esq., 
 Barrister-at-Law. Demy Svo. 1904. 10*. 6rf. 
 
 " We ■welcome the second edition of a very useful book." — Law Journal. 
 
 CRIMINAL LAW.— Archbold's Pleading, Evidence and Prac- 
 tice in Criminal Cases. — With the Statutes, Precedents of Indict- 
 ments, &c. Twenty-third Edition. By William F. Ceates and Gut 
 Stephenson, Esqrs., Barristers-at-Law. Demy Svo. 1905. 1/. 15». 
 
 " This book is quite indispensable to everyone engaged in the practice of the 
 Criminal Law." — Solicitors' Journal. 
 
 " An edition which bears every evidence of a most thorough and painstaking 
 care to bring it down to date, and to render it as indispensable and reliable as it 
 has been in the past. The index is more complete than ever." — Law Times 
 
 Bowen-Rowlands on Criminal Proceedings on Indictment and 
 Information (in England and Wales). — By E. Bowen-Rowlands, 
 Esq., Barrister-at-Law. Demy Svo. 1904. I2s. 6d. 
 
 " An invaluable source of information and a safe guide." — Pall Mall Oatetfe. 
 
 Chitty's Collection of Statutes relating to Criminal Law.— (Re- 
 printed from "Chitty's Statutes.") With an Introduction and Index. 
 By W. F. Cbaies, Esq., Barrister-at-Law. Royal Svo. 1894. 10». 
 
 Disney and Gundry's Criminal Law.— A Sketch of its Principles 
 and Practice. By Henet W. Disney and Hjuiold Gundet, Esqrs., 
 Barristers-at-Law. Demy Svo. 1896. 7». 6rf. 
 
 Kenny'sOutlinesof Criminal Law. 3rdEd. DemySvo. 1907. 10». 
 
 Kenny's Selection of Cases Illustrative of English Criminal 
 Law.— Demy Svo. 1901. 12«. 6rf. 
 
 Kershaw's Brief Aids to Criminal Law. — With Notes on the Pro- 
 cedure and Evidence. By Hilton Eebshaw, Esq., BarriBter-at- 
 Law. Royal 12mo. 1897. 3#. 
 
 Mews' Digest of Cases.— Vide "Digests." 
 
 Roscoe's Digest of the Law of Evidence and the Practice in 
 Criminal Cases (chiefly on Indictment).— Thirteenth Edition. 
 By Heeman Cohen, Esq., Barrister-at-Law. Demy Svo. 1908. 
 
 1/. 11<. 6i. 
 
 •,♦ A U ttandard Law Work* are kept in Stoek, in law ealf and other bindingi. 
 
 B 
 
10 STEVENS AND SONS, LIMITED, 
 
 CRIMINAL I. AyM— continued. 
 
 Russell's Treatise on Crimes and Misdemeanors. — Sixth Edit. 
 By Horace Smith, Esq., Metropolitan Police Magistrate, and A. P. 
 Pkeckval Keep, Esq. 3 vols. Roy. 8vo. 1896. 61. 15s. 6rf. 
 
 Warburton. — Fide " Leading Oases." 
 
 CROWN PRACTICE.— Robertson on the Crown. — The 
 Law and Practice of Civil Proceedings by and against the Crown 
 and Departments of the Government. With numerous Forms and 
 Precedents. By G. Stuart Robektson, Esq., Barrister-at-Law. 
 Royal Svo. 1908. \l. 18.». 
 
 CUSTOMS. — Highmore's Customs Laws: including the 
 Customs Consolidation Act, 1876, with the Enactments amend- 
 ing and extending that Act, and the present Customs Tariff for 
 Great Britain and Ireland ; also the Customs Laws and Tariff for 
 the Isle of Man ; with other Enactments affecting the Customs, and 
 Notes of the Decided Cases. Second Edition. By Sir Nathaniel J. 
 HiOHMOEE, of the Middle Temple, Barrister-at-Law, Solicitor for 
 His Majesty's Customs. Demy Svo. 1907. 6s, 
 
 DEATH DUTIES.— Freeth's Acts relating to the Estate Duty 
 and other Death Duties, with an Appendix containing the Rules 
 Regulating Proceedings in England, Scotland aad Ireland in Appeals 
 under the Acts and a List of the Estate Duty Forms, with copies of 
 some which are only issued on Special Application. Third Edition. 
 By Evelyn Feeeth, Esq., Registrar of Estate Duties for Ireland. 
 Demy 8vo. 1901. 12«. 6a. 
 
 " The official position of the Author renders his opinion on questions of proce- 
 dure of great value." — Solicitors' Journal. 
 
 Harman's Finance Act, T894, and the Acts amending the same 
 so far as they relate to the Death Duties, and more espe- 
 cially to Estate Duty and Settlement Estate Duty. With an 
 Introduction and Notes, and an Appendix. By J. E. Haeman, Esq., 
 Barrister-at-Law. Second Edition. Roy. 12mo 1903. 6s. 
 
 DEBENTURES AND DEBENTURE STOCK.-Palmer. 
 
 — Vide " Company Law." 
 
 DECISIONS OF SIR GEORGE JESSEL. -Peter's Ana- 
 lysis and Digest of the Decisions of Sir George Jessel ; with 
 Notes, &c. By Apslet Petee Petee, Solicitor. Demy8vo. 1883. 16«. 
 
 DIARY.— Lawyer's Companion (The) and Diary, and London 
 and Provincial Law Directory forlQOB, — For theuse of the Legal 
 Profession, Public Companies, Justices, Merchants, Estate Agents, 
 Auctioneers, &c., &c. Edited by Edwin Layman, Esq., Bamster-at- 
 Law , and contains Tables of Costs in the High Court of Judicature 
 and County Court, &c. ; Monthly Diary of County, Local Government, 
 and Parish Business ; Oaths in Supreme Court ; Summary of Sta- 
 tutes of 1907 ; Alphabetical Index to the Practical Statutes since 1820; 
 Schedule of Stamp Duties ; Legal Time, Interest, Discount, Income, 
 Wages and other Tables ; the New Death Duties ; and a variety of 
 matters of practical utility: together with acomplete List of the English 
 Bar, and London and Covmtry Solicitors, with date of admission and 
 appointments. Pttblishbd Annuaixy. Sixty-second Issue. 1908. 
 Issued in the following forms, octavo size, strongly bound in cloth : — 
 
 1. Two days on a page, plain . . . . 5«.0'V. 
 
 2. The above, intkeleaved with plain paper . . . .70 
 
 3. Two days on a page, ruled, with or without money columns . -5 6 
 
 4. The above, with money colunuis, xnteelbavkd with plain paper 8 
 6. Whole page for each day, plain . . .76 
 
 {Continued on next page ) 
 *^* All standard Law Works are kept in Stock, in law calf and other bindings. 
 
119 ft 120. CHANCERY LANE, LONDON, W.O. 11 
 
 DIARY — continued. 
 
 6. The above, intkelkaved with plain paper .... 9s.Gd. 
 
 7. Whole page for each day, niled, with or without money columns 8 6 
 
 8. The above, intkelkavkd with plain paper . . . 10 6 
 fl. Three days on a pajre, ruled blue lines, without money columns 3 6 
 
 10. Whole page for each day, plain, without Directory . . .30 
 VW" A great many additional Tables have recently been added, and in 
 this issue are included two additional Tables, namely, Non- 
 contentious Probate Costs to be allowed to Proctors, Solicitors and 
 Attorneys — (1) in respect of Personal Estate of Testator, and (2) 
 Personal Estate of Intestate. 
 
 A List of Barristers in the Provinces, with Towns alphabetically 
 arranged, has been added. 
 The Diary contains memoranda of Legal Bminess throughout the Tear, with 
 an Index for ready reference. 
 " The legal Whitaker." — Saturday Review. 
 
 "The amount of information packed within the covers of this well-known 
 book of reference is almost incredible. In addition to the Diary, it contains 
 nearly 800 pages of closely printed matter, none of which could be omitted without, 
 perhaps, detracting from the usefulness of the book. The publishers seem to 
 have made it their aim to include in the Companion every item of information 
 which the most exacting lawyer could reasonably expect to And in its paees, and it 
 may safely be said that no practising solicitor, who has experienced the luxury of 
 havincr it at his plbow, will ever be likely to try to do without it."— Law Journal. 
 
 DICTIONARY. — Stroud's Judicial Dictionary, or Interpreter 
 
 of Words and Phrases bythe British Judges and Parliament. — 
 
 Second Edition. By F. Steoud, Esq., Barrister-at-Law. 3 vols. 
 
 Roy. 8vo. 1903. M 4«. 
 
 *»* A supplemental Volume is in preparation. 
 
 " Must find a place in every law library. It io di£Bcult to exagg^erate its use- 
 fulness. ... is invaluable, not only as a labour-saving machine, but as a real 
 contribution to legal literature. ... a standard classic of the law." — Law Journal. 
 
 " An authoritative dictionary of the English language."— Law Times. 
 
 •' This judicial dictionary is pre-eminently a ground from which may be ex- 
 tracted suggestions of the greatest utility, not merely for the advocate in court, 
 but also for the practitioner who has to advise."— Solicitors' Journal. 
 
 The Pocket Law Lexicon. — Explaining Technical Words, Phrases 
 
 and Maxims of the English, Scotch and Roman Law. Fourth Edition. 
 
 By Joseph E. Moeeis, Esq., Barrister-at-Law. 1905. 6s. 6rf. 
 
 " A wonderful little legal Dictionary." — Indermaur's Law Studentif Journal. 
 Wharton's Law Lexicon. — Forming an Epitome of the Law of Eng- 
 land, and containing full Explanations of Technical Terms and 
 Phrases, both Ancient and Modem, and Commercial, with selected 
 Titles from the Civil, Scots and Indian Law. Tenth Edition. 
 With a New Treatment of the Maxims. By J. M. Lblt, Esq., 
 Barrister-at-Law. Super-royal 8vo. 1902. \l. 18» 
 
 " An encyclopsedia of the law." 
 
 "The new edition seems to us to be very complete and perfect, and a copy 
 of it should be procured by every practising solicitor without delay. A better 
 value for his monev in tlie law hook market a practitioner could not, we are sure, 
 get. Of the many rxtoh s we have to refer to in our work no volume is, we believe, 
 more often taken down from the shelf than ' Wharton.' " — Law Notes. 
 
 DIGESTS. 
 
 MEWS' DIGEST OF ENGLISH CASE LAW.— Containing the Reported 
 
 Decisions of the Superior Courts, and a Selection from those of the 
 
 Irish Courts, to the end of 1897. (Being a New Edition of "Fisher's 
 
 Common Law Digest and Chitty's Equity Index.") Under the general 
 
 Editorship of John Mkws, Barrister-at-Law. 16 vols. Roy. 8vo. £20 
 
 {Bound in half calf, gilt top, £3 net extra.) 
 
 " A vast undertaking .... indispensable to lawyers." — The Timet. 
 
 •,• J II standard Law Works are kept tn Stock, in law calf and othef bindings, 
 
 b2 
 
12 STEVENS AND SONS, LIMITED, 
 
 DIGESTS— continued. 
 
 The Annual Digest from 1898 to 1907.— By John Mkws, Esq., 
 
 Barrister- at- Law. Royal 8vo. each 16s. 
 
 •(»* This Digest is also issued quarterly, each part being cumulative. 
 
 Price to Subscribers, for the four parts pat/able in advance, net 17». 
 
 " The practice of the law without Mews' Annual would be almost an impos- 
 sibility."— /.au.- Times. 
 
 Mews' Digest of Cases relating to Criminal Law down to the 
 end of 1897. — By John Mbws, Esq., Barrister-at-Law. Royal 
 8vo. 1898. i;. 6s. 
 
 Law Journal Quinquennial Digest, 1901-1905. — An Analytical 
 Digest of Cases Published in the Law Journal Reports, and the Law 
 Reports, during the years 1901-190.5, with references to the Statutes 
 passed during the same period. By Jambs 8. Hbndbeson, Esq., 
 Barrister-at-Law. 1906. II. 10«. 
 
 Talbot and Fort's Index of Cases Judicially noticed, 1865 to 
 1905. — Second Edition. Being a List of all Cases cited in Judg- 
 ments reported in all the Reports from 1865 to 1905; as also a 
 Statement of the manner in which each case is dealt with in its place 
 of Citation. By M. R. Mehta, Esq., Barrister-at-Law. Royal 8 vo. 
 1908. 11. 18*. 
 
 Woods and Ritchie's Digest of Cases, Overruled, Approved, 
 and otherwise dealt with in the English and other Courts: 
 with a selection of Extracts from Judgments referring to such Cases. 
 By W. A. C Woods, LL.B., and J. Ritchie, M.A., Esqrs., 
 Barristers-at-Law. — Founded on "Dale and Lehmann's Digest of 
 Cases Overruled, &c." .3 Vols. Royal 8vo. 1907. 51. 5s. 
 
 "Indispensable in every branch of the la^v." — Law Journal. 
 " Of great use to the Profession." — Law Timis. 
 
 DISCOVERY.— Bray's Digest of the Law of Discovery, with 
 Practice Notes. — By Edward Beat, Esq., Barrister-at-l>aw. 
 Demy 8vo. 1904. Net, 3«. 
 
 DISTRESS. -Oldham and Foster on the Law of Distress.— A 
 Treatise on the Law of Distress, with an Appendix of Forms, Table 
 of Statutes, &c. Second Edition. By Aethttb Oijiham and A. La 
 TeobeFostke, Esqrs., Barristers-at-Law. Demy 8vo. 1889. 18*. 
 
 DISTRICT COUNCILS.— Chambers' Digest of the Law relat- 
 ing to District Councils, Ninth Edition. — By G. F.Chambees, Esq., 
 Barrister-at-Law. Royal 8vo. 1896. 10.^. 
 
 Cornish's District Councils. — A concise Guide to their Powers and 
 Duties. By H. D. Coenish, Esq., Barrister-at-Law. Demy 8vo. 
 1908. 7s. Qd. 
 
 DIVORCE.— Browne and Powles' Law and Practice in Divorce 
 
 and Matrimonial Causes.— Seventh Edition. By L. D. Powlks, 
 
 Esq., Barrister-at-Law, Probate Registrar, Norwich. Demy 8vo. 
 
 1905. U. 5.*. 
 
 "The practitioner's standard work on divorce practice." — Law (junr. Hm. 
 
 DOGS. — Emanuel's Law relating to Dogs. — By Montague R. 
 Emanuel, Esq., Barrister-at-Law. Demy 12mo. 1908. 3s. &d. 
 
 EASEMENTS.— Goddard's Treatise on the Law of Ease- 
 ments.— Bi John Letbouen Goddabd, Esq., Barrister-at-Law. 
 Sixth Edition. Demy 8vo. 1904. U. 5s. 
 
 " Nowhere has the subject been treated so exhanatitvely, and, we may add, 
 BO scientifically, as by Mr. Goddard. We recommend it to the most careful study 
 of the law student, as well as to the library of the practitioner." — Law Timeji. 
 
 *,* All standard Law Works are kept in Stock, in law calf and other bindings. 
 
119 ft 120, CHANCERY LANE, LONDON, W.O. 13 
 
 EASE M E NTS— e^o^i^tnu^^;. 
 
 Innes' Digest of the Law of Easements — Seventh Edition. By 
 L. C. Innes, late Judge Hisrh Court, Madras. 12mo. 1903. 7«. &d. 
 
 " This presents the law in a series of dearly enunciated propositions, which 
 are supported by examples taken in general from decided cases." — Solicitom' 
 Journal. 
 
 Roscoe's Easement of Light.^A Digest of the Law relating 
 to the Easement of Light, — With an Historical Introduction, 
 and an Appendix containing Practical Hints for Architects and 
 Surveyors, Observations on the Right to Air, Statutes, Forms 
 and Plans. Fourth Edition. By Edwaed Stanlbt Roscoe, Esq., 
 Barrister- at- Law, Author of "A Digest of Building Cases," "Ad- 
 miralty Practice," &c. DemySvo. 1904. 7«. 6rf. 
 " A most useful little work." — Law Journal. 
 " A clear and practical dij^est of the law." — Law Tivus. 
 
 ECCLESIASTICAL LAAV. — Phillimore's Ecclesiastical 
 Law. — Second Edition. By Sir W. G. F. Phtllimoee, Bart., 
 assisted by C. F. Jkmmbtt, Barrister-at-Law. 2 vols. Royal 8vo. 
 1895. Published at ol. 3s.. reduced to, net, \l. 5i. 
 
 "Everything that the ecclesiastical lawyer can possibly need to know." — 
 I/aw Journal. 
 
 Whitehead's Church Law. — Being a Concise Dictionary of Statutes, 
 Canons, Regulations, and Decided Cases affecting the Clergy and 
 Laity. Second Edition. By Bknjamin 'Whitbhkad, Esq., Barrister- 
 at-Law. Demy 8vo. 1899 10». 6d. 
 
 " A perfect mine of learning on all topics ecclesiastical." — Daily Telegraph. 
 
 " A book which will be useful to lawyers and laymen." — Law Times. 
 
 ELECTIONS.— Day's Election Cases in 1892 and 1893.— By 
 
 S. H. Day, Esq., Barrister-at-Law, Editor of " Rogers on Elec- 
 tions." Royal 12mo. 1894. Is. 6rf. 
 
 Hedderwick's Parliamentary Election Manual : A Practical 
 Handbook ou the Law and Conduct of Parliamentary Elections 
 in Great Britain and Ireland, designed for the Instruction and 
 Guidance of Candidates, Agents, Canvassers, Volunteer Assistants, 
 &c. Second Edition. By T. C. H. Hbbdbbwiox, Esq., Barrister-at- 
 Law. Demy 12mo. 1900. 10«. fid. 
 " The work is pre-eminently practical, concise and clear." — Solicitors' Journal. 
 
 Hunt's Metropolitan Borough Councils Elections: A Guide to 
 the Election of the Mayor, Aldermen, and Coimcillors of Metropolitan 
 Boroughs. ByJoHNHuNTjEsq., Bar.-at-Law. DemySvo. 1900. Z>i.6d. 
 
 Rogers' Law and Practice of Elections. — 
 
 Vol. I. Rkqistbatign, including the Practice in Registration 
 Appeals; Parliamentary, Municipal, and Local Government; with 
 Appendices of Statutes, Orders in Coimcil, and Forms. Sixteenth 
 Edition ; with Addenda of Statutes to 1900. By Mausiob Powbil, 
 Esq., Barrister-at-Law, Royal 12mo. 1897. II. la. 
 
 " The practitioner will find within these covers everything which he can be 
 exi>ected to know, well arranged and carefully stated." — Law Times. 
 
 Vol. II. Paeliamentaey Electionb AMD Pktitions ; with Appen- 
 dices of Statute«, Rules and Forms, and a Precedent of a Bill of Costs. 
 Eighteenth Edition. By C. "Willcttohby Williams, Esq., Barrister- 
 at-Law. Royal 12mo. 1906. II. It. 
 
 " The acknowledged authority on election la,w."—Law Journal. 
 
 "The leading book on the difficult subjects of elections and election peti- 
 tions." — Law THmes. 
 
 Vol. III. MtTNlCIPAL AND OTHEB ElBOTIONB AND PETITIONS, with 
 
 Appendices of Statutes, Rxiles, and Forme, and a Precedent of a 
 Bill of Costs. Eighteenth Edition. By C. WnxouoHBY Williams, 
 Esq., assisted by G. H. B. Keneiok, Esq., LL.D., Barristers-at- 
 Law. Royal limo. 1906. 1/. U. 
 
 " A complete guide to local elections."— 5oJ«citor#' Journal. 
 
 •^* JU standard Law Works are kept in Stock, in In^f <vtlf and other hindings. 
 
14 STEVENS AUD SONS, LIMITED, 
 
 EMPLOYERS' LIABILITY.— Knowles.— Ftrfe "Workmen's 
 Compenpation. ' ' 
 
 ENGLISH LAVA.- Campbell's Principles of English Law. 
 Founded on Blackstone's Commentaries. By Robeet Campbell, Esq., 
 Barrister- at-Law, Editor of "Ruling Cases," &c. Dcu.y 8vo. 
 1907. 20s. 
 
 " It is a good work, this, and ably ■wiitten, and we can thoroughly recommend 
 — we would go further and say. advise— to all students of English law a careful 
 and conscientious penisal of its jMiges." — Law Sturientu' Journal, July, 1907. 
 
 " The ground covered is practically that occupied by Stephen's Commentaries, 
 and for conipletoness and clearness of exposition these six hundred odd pages 
 compare very favourably indeed with the older work " — Lav< Notex, July, 1907. 
 
 " A work of all-round excellence, which mav be commrnded, not only to the 
 student, but also to the fully qualified lawyer. In conclusion, one may state that 
 the index is a safe and a sure guide to the contents of the book." — Law Magazine, 
 August, 1907. 
 
 Pollock and Maitland's History of English Law before the time 
 of Edward I. By Sir Feedeeick Pollock, Bart., and Feed. W. 
 Maitland, Esq., Barristers -at -Law. Second Edition. 2 vols. roy. 
 8vo. 1898. 21. 
 
 ENGLISH REPORTS. Be-issue of all Decisions prior to 1866. 
 
 To be completed in about 1 50 Volumes. Royal Svo. Issued monthly. 
 
 Now Issued. 
 
 House OF Lords (1694 to 18fi6). 11 Vols. Half-bound. Net, 221. 
 
 Peivy Council (Including Indian Appeals) (1809 to 1872). 9 Vols. 
 
 Half -bound. Net, \3L 10s. 
 
 Chanoeey (Including Collateral Reports) (1557 to 1866). 27 Vols. 
 
 Half -bound. Net, 401. 10.«. 
 
 Rolls Couet (1829 to 1866). 8 Vols. Half-bound. Net, 121. 
 
 Vice- Chancelloes' CouETS (1815 — 1865). 16 Vols. Half-bound. 
 
 Net, 2il. 
 Now Publishing. 
 Kino's Bench and Queen's Bench (1378 — 1865). Complete in about 
 40 Vols. Net, per vol., 11. 10s. 
 
 *^* The Volumes are not sold separately. Prospectus on application. 
 "We cnn speak unhesitatingly of the advantage to the lawyer of the posses- 
 sion of this excellent reprint of all the English reports." — Solicitors' Journal. 
 
 EQUITY, and Vide CHANCERY. 
 
 Seton's Forms of Judgments and Orders in the High Court of 
 Justice and in the Court of Appeal, having especial reference to 
 the Chancery Division, with Practical Notes. Sixth Edition. By 
 Cecil C. M. Dale, Esq., Barrister-at-Law, W. Tindal Kino, Esq., 
 a Registrar of the Supreme Court, and W. O. Goldschmtdt, Esq., 
 of the Registrars' Office. In 3 vols. Royal 8vo. 1901. 6^. 6s. 
 
 "The new eiMtion of '8etf>n' is from every point of view, indeed, a most 
 valuable and indispensable work, and well worthy of the book's high reputation." 
 — Law Journal. 
 
 Smith's Manual of Equity Jurisprudence.— A Manual of Equity 
 Jurisi.rudence for Practitioners and Students, founded on the Works 
 of Story and other wiiters, comprising the Eimdamental Principles 
 and the points of Equity usually occurring in Genera] Practice. 
 Fifteenth Edition. By Sydney E. Williamb, Esq., Barrister-at- 
 Law. Demy 8vo. 1900. 12s. 6d. 
 
 " We can safely recommend ' Smith's Equity' in its new clothes to the atten- 
 tion of students reading for their Examinations." — Law Notes. 
 
 Smith's Practical Exposition of the Principles of Equity, illus- 
 trated by the Leading Decisions thereon. For the use of Students 
 and Practitioners. Fourth Edition. By H. Aethub Smith, M.A., 
 LL.B., Esq., BarriHter-«t-Law. Demy 8vo. 1908. 21s. 
 
 "This well-known text-book maintains its high reputation. . . . This 
 edition has bten brought up to date in a way ■which should also make it useful to 
 practitioners in search of the latest authorities on sny given point. . . . The 
 additional ca^es referred to in the text and notes amount to many hundreds." — 
 Law Journal. 
 
 •,• ^n standard Lau Works are kept in Stock, in hw calf and other bindings. 
 
119 & 120, CHANCERY LANE, LONDON, W.C. l6 
 
 EQUITY —continued. 
 
 Williams' Outlines of Equity. — A Concise View of the Principles of 
 
 Modem Equity. By Stdnby E. WrLixois, Esq., Barrister-at-Law, 
 
 Author of "The Law relating to Legal Representatives." &c. 
 
 Royal l2mo. 1900. 5». 
 
 " The accuracy it combines with conciseness is remarkable."— i.<»tr Magazine. 
 
 ESTATE DUTIES.— Freeth.— Fkfe "Death Duties." 
 
 ESTOPPEL.- Everest and Strode's Law of Estoppel. By 
 Lancklot Fbildino Evkekst, and EDMmm Strodk, Esqrs.. Barrieters- 
 at-Law. Second Edition by Lancelot Feildinq Eveeest, Esq., 
 Barrister-at-Law. Demy 8vo. 1907. 26a. 
 
 " "Will be of great value to the practitioner." - Law Journal. 
 
 " A safe and valuable guide to the difficult subject with which it deals. . . . 
 An excellent book." — Law Quarterly Review. 
 
 EVIDENCE.— Bodington.— Vide "French Law." 
 Wills' Theory and Practice of the Law of Evidence.— By Wm. 
 Wuifl, Esq., Barrister-at-Law. Second Edition. By the Author 
 and ThoentoxLawes, Esq., Barrister-at-Law. DemySvo. 1907. 15». 
 
 " For the student it takes a first place, and for the practitioner it will be 
 found to deal in clear and p^eci^e form with every question of evidence ordinarily 
 arising iu the conduct of a case."— /yiio Journal. 
 
 " Contains a large amount of valuable information, very tersely and 
 accurately conveyed." — Law Times. 
 
 " "We can commend it as a sound and careful survey of the law of evidence." 
 — Lnw Qunrlerhi Heniew. 
 
 EVIDENCE ON COMMISSION. -Hume-Williams and 
 MacKlin's Taking of Evidence on Commission: including therein 
 Special Examinations, Letters of Request, Mandamus and Examina- 
 tions before an Examiner of the Court. Second Edition. By W. E. 
 HuMK- Williams, Esq., K.C., and A. Rokbb Maoslin, Esq., Bar- 
 rister-at-Law. DemySvo. 1903. \ls.&d. 
 " An accurate and complete manual on this important branch of the law. 
 Evfr>- point that is likely to occur in practice has been noted, and there are 
 appendices of statutes, rules, orders, precedents."- Laui Times. 
 
 EXAMINATION GUIDES.— Bar Examination Guide. By 
 H. D. Woodcock, and R. C. Maxwell, Esqrs., Barristers-at-Law. 
 Vols. I. to V. (1895-1899). Each, net 7». 6rf. 
 
 Barham's Students' Text-Book of Roman Law.— Second Edition. 
 By C. Nicolas Babham, Esq., Barrister-at-Law. Demy 12mo. 
 1908. 3«. 6rf. 
 
 •' This is a first primer of Boman Law for the beginner. It is plain and clear, 
 is well arranged, and so simply put that any student can follow it." — Law Student's 
 Journal. 
 
 EXECUTORS.— Coffin's Testamentary Executor in England 
 and Elsewhere. By R. J. R. Gtoffin, Esq., Barrister-at-Law. 
 Domy 8vo. 1901. 6». 
 
 Macaskie'sTreatise on the Law of Executors and Administrators. 
 By S. C. Macabkib, Esq., Barrister-at-Law. 8vo. 1881. 10*. 6i. 
 Williams' Law of Executors and Administrators.- Tenth Edition. 
 By the Right Hon. Sir Roland Vauohak Wit.t.tawh. a Lord Justine 
 of Appeal, and Aethub Robeet Inopkn, Esq., one of His Majesty's 
 Counsel. 2 vols. Roy. 8vo. 1905. 4/. 
 
 " We cannot call to mind any work of recent times of greater authority than 
 ■ Williams on Executors.' It is one of our legal classics, and is unrivalled in the 
 width of its range, the accuracy of its statt-ments, and the soundness of its law. 
 The new edition is worthy of tho preat reputiilion of the work, and every prudent 
 practitioner will do well to potwcMs biniwlf of a co-py. "—Imw Timen 
 
 ' This book— the standard work on its subject— is a storehouse of learning on 
 every point of administration law, and has been oomplettly brought up to date." 
 —Lnw Journal. ... j .-v .. u v 
 
 " A work which every practitioner sbould posaeaa and no ubrary should be 
 without." — Law Quarterly Review, 
 
 * * All standard Law Works are kept in Stoek, in law calf and other bindtnge. 
 
16 STEVENS AlfD SONS, LIMITED, 
 
 E.'X.E.CUTORS— continued. 
 
 Williams' Law relating to Legal Representatives. — Being a 
 
 Ccncise Treatise on the Law of Executors and Administrators, as 
 
 modified by the Land Transfer Act, 1897. By Sydney E. Williams, 
 
 Esq., Barrister-at-Law, Author of ♦' Law of Account," *' Outlines of 
 
 Equity," &c. Demy 8vo. 1908. 9s. 
 
 " We can commend to both branches of the profession, and more especially 
 to solicitors." — Law Times. 
 
 EXECUTORS (Corporate).— Alien's Law of Corporate 
 Executors and Trustees, By Ebnest Kjng Allen, Esq., Bar- 
 rister-at-Law. Demy 8vo. 1906. 6s. 
 
 EXTRADITION.— Biron and Chalmers' Law and Practice of 
 Extradition, By H. C. Bieon and Kenneth E. Chalmbes, Esqrs., 
 
 Barristers-at-Law. Demy 8vo. 1903. 11. 
 
 " The whole book is eminently practical, and the practice and procedure are 
 clearly and ably discussed."— iaw Times. 
 
 "A very satisfactory and practical collection of the treaties and statutes 
 1 elating to extradition and fugitive offenders, with an interesting introduction, 
 a commentary on the text of the statutes and treaties, and a valuable alphabetical 
 list showing what crimes are comprised in the particular treaties." — Law Journal. 
 
 FACTORIES AND \VORKSHOPS.-Rueggand Mossop's 
 Law of Factories and Workshops, By A H, Ruegg, Esq., K.C., 
 and L. Mossop, Esq., Barrister-at-Law. Demy 8vo. 1902. 12s. 6d, 
 
 FARM, LAW^ OF.— Dixon's Law of the Farm ! including the 
 
 Cases and Statutes relating to the subject ; and the Agricultural 
 
 Customs of England and Wales. Sixth Edition. By Aubeby J. 
 
 Spkncee, Esq., Barrister-at-Law. Demy 8vo. 1904. II. 6s. 
 
 " A complete modem compendium on agricultural matters." — Law Times. 
 
 Spencer. — Vide ''Agricultural Law." 
 
 FIXTURES.— Amos and Ferard on the Law of Fixtures, Third 
 Edition. By C. A. Fbeaed and W. Howland Robbbts, Esqrs., Bar- 
 risters-at-Law. Demy 8vo. 1883. 18«. 
 
 FORMS.— Chitty's Forms of Civil Proceedings in the King's 
 Bench Division of the High Court of Justice, and on Appeal 
 therefrom to the Court of Appeal and the House of Lords, — 
 Thirteenth Edition. By T. W. Chitty, Esq. , a Master of the Supreme 
 Court, Heebeet Chitty, Esq., Barrister-at-Law, and P. E. Vizaed, 
 
 Esq., of the Central Office. Royal 8 vo. 1902. H. 16«. 
 
 " The book is accurate, reliable and exhaustive."— iSoft'ctior.i' Journal. 
 
 "The forms are practically exhaustive, and the notes very good, so that this 
 edition will be invaluable to practitioners whose work is of a litigious kind."— 
 J.aw Journal. 
 
 Oaniell's Forms and Precedents of Proceedings in the Chan- 
 cery Division of the High Court of Justice and on Appeal 
 therefrom. — Fifth Edition, with summaries of the Rules of the 
 Supreme Court; Practical Notes; and references to the Seventh 
 Edition of Daniell's Chancery Practice. By Chaeles Bueney, 
 
 B. A., a Master of the Supreme Coirrt. Royal 8 vo. 1901. 2^. 10». 
 " The standard work on Chancery Procedure."— Lomi Quarterly Review. 
 
 Seton.— Vide " Equity." 
 
 Woistenholme's Forms and Precedents, — Adapted for use under 
 
 the Conveyancing Acts and Settled Land Acts, 1881 to 1890. Sixth 
 
 Edition. Royal 8vo. 1902. u. Is. 
 
 \* J II standard Law Works are kept in Stock, in law calf and other bindings. 
 
119 & 120, CHANCERY LANE, LONDON, W.C. 17 
 
 FRENCH LAVif.— Bodington's Outline of the French Law of 
 Evidence. — By Oliveb E. Bodinoton, Esq., Barrister-at-Law. 
 Demy 8vo. 1904. 5s. 
 
 Cachard's French Civil Code. — By Henbt Cachabo, B.A., 
 Counsellor-at-Law of the New York Bar, Lieenci6 en Droit de la 
 Faculte de Paris. Demy 8vo. 1895. 1^, 
 
 Goirand's Treatise upon French Commercial Law and the 
 Practice of ail the Courts. — With a Dictionary of French Judicial 
 Terms. Second Edition. By Leopold Goerand, Licencie en Droit. 
 Demy 8vo. 1898. 1/. 
 
 Goirand's Treatise upon the French Law relating to English 
 Companies carrying on Business in France. — By Leopole 
 GoiEAND, French Solicitor. Crown Svo. 1902. Net, 2». 6d. 
 
 KeUy.— Vide " Marriage." 
 
 Pellerin's French Law of Bankruptcy, and Winding-up of Limited 
 Companies, the Conflict of Laws arising therefrom. By Pikeke 
 Pelleein, Avocat, of Paris and Lincoln's Inn. Crown 8vo. 1907. 
 
 Net, 2s. 6d. 
 
 Sewell's Outline of French Law as affecting British Subjects.— 
 By J. T. B. Sbwell, LL.D., Solicitor. Demy Svo. 1897. 10«. 6rf. 
 
 GAMBIA. — Ordinances of the Colony of the Gambia. With 
 Index. 2 Vols. FoUo. 1900. Net, 31. 
 
 GAME LAV/S.— Warry's Game Laws of England. With an 
 Appendix of the Statutes relating to Game. By G. Tatlob Wabbt, 
 Esq., Barrister-at-Law. Royal 12mo. 1896. 10«. 6rf. 
 
 GERMAN JLAy^r,— Fide "Carriers" (Sieveking), "Civil Code" 
 
 and " Civil Law." 
 GOLD COAST.— Ordinances of the Gold Coast Colony and the 
 
 Rules and Orders thereunder. 2 vols. Royal Svo. 1903. 3^. 10«. 
 
 GOODAVILL.— Allan's Law relating to Goodwill.— By Chablxs E. 
 ALLAN,M.A.,LL.B.,E8q.,BarriMter-at-Law. DemyBvo. 1889. 7«. 6rf. 
 Sebastian.— Ft<fe "Trade Marks." 
 
 HOUSE TAX.— Ellis' Guide to the House Tax Acts, for the 
 use of the Payer of Inhabited House Duty in England. — By 
 Abthub M. Elub, LL.B. (Lond.), Solicitor. Royal 12mo. 1886. 6j. 
 
 HUSBAND AND WIFE. -Lush's Law of Husband and Wife. 
 Second Edition. By C. Montaoub Ltjsh and W. H. Gbifftth, Esqra., 
 Barristers-at-Law. Demy Svo. 1896. \l. 6t. 
 
 INCOME TAX.— Buchan's Law relating to the Taxation of 
 Foreign Income. — By John Buchan, Esq., Barrister- at- Law, 
 with Preface by the Right Hon. R. B. Haldane, K.C, M.P. Demy 
 Svo. 1905. 10a. 6rf, 
 
 " A learned and able treatise." — Solicitor^ Journal. 
 
 " A text book of great value." — Law Journal. 
 
 Ellis' Guide to the Income Tax Acts.— For the use of the English 
 Income Tax Payer. Third Edition. By Abthub M. Et.t.tb, LL.B. 
 (Lond.), Solicitor. Royal 12mo. 1893. 7«. 6d. 
 
 Fry's Income Tax. — The Finance Act, 1907, in its Relation to 
 Income Tax. By T. Haxlett Fby, Esq., Barrister- at-Law. Royid 
 12mo. 1908, 6«. 
 
 Robinson's Law relating to Income Tax; with the Statutes, 
 Forms, and Decided Cases in the Courts of England, Scotland, and 
 Ireland. — Second Edition. By Abtbttb Robinson, Esq., Barrister- 
 at-Law. Royal Svo. 1908. 1/. 6«. 
 
 Whybrow's Income Tax Tables.— By G. H. Whtbbow, Esq., of the 
 Income Tax RepajmentBranch, Somerset House. Demy Svo. 1905. 5». 
 
 "This is a very useful book, and will be found of exceptional value to 
 bankers, solicitors, ofScials of public companies and other professiooal men." — 
 Financial Times. 
 *^* All itandard Lato Worku are kept in Stock, in law ealf and other binding*. 
 
 
 
18 STEVENS AND SONS, LlMlTKi), 
 
 INDIA.— Ilbert's Government of India.— Second Edition. By 
 Sir CouBTENAT IiJJKBT, K.C.S.I, Dertiy 8vo. 1907. Net, 10». 6rf. 
 
 INDICTMENTS.— Bowen-Rowlands. — riefe "Criminal Law." 
 
 INLAND REVENUE. — Highnnore's Sunnmary Proceedings 
 in Inland Revenue Cases in England and Wales. Including 
 Appeals to Quarter Sensions and by Special Case, and Proceedings 
 by Collector's Warrants for Recovery of Duties of Excise and Taxes. 
 Third Edition. By Sir N. J. Hiuhhobb, Barrister-at-Law, 
 Assistant Solicitor of Inland Revenue. Roy. r2mo. 1901. Is. 6rf. 
 Highmore's Inland Revenue Regulation Act, 1890, as amended 
 by the Public Accounts and Charges Act, 1891, and the Finance 
 Act, 1896, with father Acts; with Notes, Table of Cases, &o. By 
 Sir Nathaniel J. Highmoee, Barrister-at-Law, Assistant Solicitor 
 of Inland Revenue. Demy 8vo. 1896. 7s. 6rf. 
 
 INSURANCE. —Arnould on the Law of Marine Insurance.— 
 Eighth Edition. By Edward Louis de Hart and Ralph Iliff Shcet, 
 Esqrs., Barristers-at-Law. 2 vols. Royal 8vo. {In preparation.) 
 
 " The authors have availed themselves of the advice and assistance of men of 
 practical experience \-.\ marine insurance, so that the book may be relied on as 
 accurate from a busiriews as well as from a legal point of view. The book can 
 best be described by ihe one word ' excellent.' " — Law Jom-nal. 
 
 De Hart and Simey's Marine Insurance Act, 1906. With Notes 
 and an Appendix By Edward Louis dj! Hart and Ralph Iliff 
 SiMEY, Eftqrs., Barristers-at-Law, Joint Editors of "Arnould on 
 Marine Insurance" and "Smith's Mercantile Law." Royal 8vo. 
 1907. 6«. 
 
 " The notes to the sections of the Act are extremely well done, and the 
 references to cases are full. . . . We can imagine no more useful guide to the 
 new Act."— //aw Journal, April 13, 1907. 
 
 INTERNATIONAL LA\A/.— Bate's Notes on the Doctrine of 
 Renvoi in Private International Law. — By John Pawley Bate, 
 Esq., Reader of Iijieruational Law, &c., in the Inns of Court. 8vo. 
 1904. Net 2«. 6d. 
 
 Dicey. — Vide " Conflict of Laws." 
 
 Hall's International Law.— Fifth Edition. By J. B. Atlat, Esq., 
 Barrister-at-Law. Demy 8vo. 1904. Net, U. Is. 
 
 Hall's Treatise on the Foreign Powers and Jurisdiction of the 
 British Crown. By W. E. Hall, Esq., Bairister-at-Law. Demy 
 8vo. 1894. 10». Qd. 
 
 Higgins' The Hague Conference and other International Con- 
 ferences concerning the Laws and Usages of War— Texts of 
 Conventions, with Notes.— By A. Peabck Higgins, M.A., LL.D., 
 sometime Scholar of Downing College. Royal 8vo. 1904. Net, 3s. 
 
 Holland's Studies in International Law,— By Thomas Erskinb 
 Holland, D.C.L., Barrister-at-Law. Demy 8vo. 1898. 10«. &d. 
 
 Holland's Gentilis Alberici de lure Belli Libri Tres. — Edidit 
 T. E. Holland, I.C.D. Small 4to., half morocco. II. \». 
 
 Nelson's Private International Law. — By Hobaok Nelson, Esq., 
 Barrister-at-Law. Roy. 8vo. 1889. U. is. 
 
 Rattigan's Private International Law, — By Sir William Henet 
 Rattigan, LL.D., K.C. Demy 8vo. 189.'). 10». 6rf. 
 
 " Written with admirable cleomeNS." — /ynw Journal.. 
 
 Walker's History of the Law of Nations.— Vol. I., from the Earliest 
 Times to the Peace of Westphalia, 1648. By T. A. Walker, M.A., 
 LL.D., Esq., Barrister-at-Law. Demy 8vo. 1899. Net, 10*. 
 
 *»* -^U standard Law Works are kept in Utock, in law calf and other bindings. 
 
119 & 120, 0HANC5ERY LANE, LONDON, W.O. 19 
 
 INTERNATIONAL l.AyM— continued. 
 
 Walker's Manual of Public International Law.— ByT. A. Waltckk, 
 M.A., LL.D., Esq., Barrister-at-Law. Demy 8vo. 18S5. 9«. 
 
 Westlake's International Law.— Chapters on the Principles of Inter- 
 national Law. ByJ.WESTLAKE, K.C., LL.D. DemySvo. 1894. 10*. 
 
 Westlake's International Law. — By J. Westlake, K.C, LL.D. 
 Part I. Peace. Demy 8vo. 1904. JVe^, 9a. 
 
 Part II. War. Demy Svo. 1907. Ket, 9t. 
 
 Wheaton's Elements of International Law ; Fourth English 
 Edition. Including a translation of the Anglo-French Agreement. 
 By J. B. ATI.A.T, M.A., Barrister-at-Law. Royal Svo. 1904. U. I2t. 
 "■WTieaton stands too hifrb for criticism " — Law TimM. 
 
 "We congratalate Mr.Atlay on the skill and disisretion with which he has 
 performed the task of editing' a standard treatise on international law." —Lav> 
 Journal, 
 
 INVESTIGATION OF TITLE.— Jackson and Qosset's In- 
 vestigation of Title. — Being a Practical Treatise and Alphabetical 
 Digest of the Law connected with the Title to Land, with Precedents of 
 Requisitions. By W. Howlawd Jackson and Thohold Gossbt, Esqrs. , 
 Barristers-at-Law. Third Edition. By W. Rowland Jaoeson, 
 Esq., Barrister-at-Law. Demy Svo. 1907. 16s. 
 
 " The merits of the book are excellent." — Law Journal. 
 "Will be of real help to the busy conveyancer."— L<im» Not»$. 
 
 JUDGMENTS AND ORDERS.-Seton.— Ftrf« '« Equity." 
 
 JURISPRUDENCE.— Holland's Elements of Jurisprudence. 
 —Tenth Edition. ByT. E. Holland, K.C.D.C.L. Svo. 1906. 10».6rf. 
 Markby's Elements of Law. Sixth Edition. By Sir Williah 
 Maekbt, D.C.L. Demy Svo. 190/5. 12*. 6rf. 
 
 JURY LA\VS.—Hu band's Practical Treatise on the Law relat- 
 ing to the Grand Jury in Criminal Cases, the Coroner's Jury, 
 and the Petty Jury in Ireland. — By Wk. G. Httbawd, Esq., 
 Barrist«r-at-Law. Royal Svo. 1896. Net, \l. 5t. 
 
 JUSTICE OF THE PEACE.— Magistrates' Cases, 1895 to 
 1907. — Cases relating to the Poor Law, the Criminal Law, 
 Licensing, and other subjects chiefly connected with the duties and 
 office of Magistrates. 1895—1907. EmH, net II. 
 
 %* These Reports, published as part of the Law Journal Reports, 
 are issued Quarterly. Each Part, net 6«. 
 
 Annual Subscription, payable in advance. Ids. pott free. 
 Magistrate's General Practice for 1909.— A Compendium of 
 the Law and Practice relating to Matters occupying the attention of 
 Courts of Summary Jurisdiction. Re-written and considerably 
 enlarged. By Chaeles Milneb Atkinson, Ecq., Stipendiary 
 Magistrate for Leeds. Demy Svo. (Ready in November.) 20«. 
 
 Shirley's Magisterial Law, — An Elementary Treatise on Magisterial 
 Law, and on the Practice of Magistrates' Courts. Second Edition. 
 By Leonaed H. West, LL.D., Solicitor. DemySvo. 1896. It.Qd. 
 Wigram's Justice's Note-Book. — Containing a short account of the 
 Jurisdiction and Duties of Justices, and an Epitome of Criminal Law. 
 Eighth Edition. By Leonabd W. Kebsbaw, Esq., Barrister-at- 
 Law. Royal 12mo. 1908. 7». 6rf. 
 " The information given is complete and aocnrate."— i«to Journal. 
 " There in no better book for a justice of the peace to buy, to read, and to 
 understand." — Imw Timet. 
 
 *^* All ttandard Law Workt are kept in Stock, in law calf and other binding$, 
 
 o2 
 
20 STEVENS AlTD SONS, LUnTED, 
 
 LAND CHARGES ACTS. — Eaton and Purcell's Land 
 Charges Acts, 1 888 and 1 900. —A Practical Guide to Rej^istration 
 and Searches. By Ernest W. Eaton, Esq., and J. Poyntz Pttecell, 
 Esq., of the Land Charges Department, Land Registry. Royal 12mo. 
 1901. Net, 2«. &d. 
 
 LAND LAW.— Jenks' Modern Land Law. By Edwaed Jenks, 
 Esq., Barrister- at- Law. Demy 8vo. 1899. 15«. 
 
 LAND TAX. — Bourdin's Land Tax,— An Exposition of the Land 
 Tax. Fourth Edition. By the late Feedeeick Humpheets, Deputy 
 Registrar of Land Tax ; and Digests of Cases decided in the 
 Courts by Chables C. Atchison, Deputy Registrar of Land Tax. 
 Royal 12mo. 1894. 7i. M. 
 
 Atchison's Land Tax. — Changes EfFected in the Processes of Assess- 
 ment and Redemption by Part VI. of the Finance Act, 1896 (.59 & 60 
 Vict. c. 28). By Chakles C. Atchison, Deputy Registrar of Land 
 Tax. Royal 12mo. 1897. [A Supplement to above.) Net, 2». &d. 
 
 LAND TRANSFER.— Brickdale and Sheldon's Land Trans- 
 fer Acts, 1875 and 1897. — With a Commentary on the Sections of 
 the Acts, and Introductory Chapters explanatory of the Acts, and the 
 Conveyancing Practice thereunder ; also the Land Registry Rules, 
 Forms, and Fee Order, Orders in Council for Compulsory Registra- 
 tion, &c., together with Forms of Precedents and Model Registers, 
 &c. By C. FoETESCUK Beickdale, Registrar at the Land Registry, 
 and W. R. Sheldon, Esqrs., Barristers-at-Law. Second Edition. 
 By C. FoETEScrtTE Beickdale, Esq., Barrister-at-Law. Royal 8vo 
 
 1905. \l. .5*. 
 
 "The second edition of this book will be welcomed by the practitioner who 
 has to do with registered land, or with conveyancing of any kind in London, 
 where registration on sale is now compulsory." — Law Quarterly Review. 
 
 "Contains not only lengthy and valuable notes and annotations on the Land 
 Transfer Acts and Rules, but also full and separate dissertations on the law, 
 procedure, and practice thereunder."— Z/ato Times. 
 
 Hogg's Precedents.— Fif;?e "Conveyancing." 
 
 Jennings and Kindersley's Principles and Practice of Land 
 Registration under the Land Transfer Acts. — By A. R. G. 
 Jennings, LL.B., and G. M. Kindkesley, Esqrs., Barristers-at- 
 Law, and of the Land Registry. Rr>y. Svo. 1904. 12«. 6rf. 
 
 " The principles and practice of land registration axe set forth in a clear and 
 concise manner by the authors in their dissertatinns and notes." — Law Times. 
 
 LANDLORD and TENANT. -Redman's Law of Landlord 
 
 and Tenant. — Including the Practice of Ejectment. Fifth Edition. 
 
 By Joseph H. Redman, Esq., Barrister-at-Law. 8vo. 1901. \l. bo. 
 " We can confidently recommend the present edition." — Law Journal. 
 
 Woodfall's Law of Landlord and Tenant. — Witli a fuU Collection 
 of Precedents and Forms of Procedure ; containing also a collection of 
 Leading Propositions. Eighteenth Edition. By W. H. Aoos, Esq., 
 Barrister-at-Law. Roy. 8vo. 1908. 11. 18». 
 
 " Woodfall IB really indispensable to the practising lawyer, of whatever 
 degree he may be." — Law Journal. 
 
 LANDS CLAUSES ACTS.— Jepson's Lands Clauses Acts; 
 with Decisions, Forms, and Tables of Costs. Second Edition. By 
 J. M.LiQHTWOOD, Esq., Barrister-at-Law. DemySvo. 1900. 1/. 1#. 
 
 " This work, in its new and practically re-written form, may be described as a 
 handy and well-arranged treatise on the Lands Clauses Acts." — Solicitors' Journal. 
 
 •»• All standard Law Work* are kept »« Stock, in law calf and other bindings. 
 
119 ft 120. OHANCaERY LANE, LONDON, W.C. 21 
 
 LAW. — Where to Look for your Law. As set out in the latest 
 
 Legal Text-Books, Alphabetically Arranged, with Dates of latest 
 
 Authorities. Demy 8vo. 1908. 120 pages. Net, Is. 
 
 " A very useful little guide book." — Law Students' Journal. 
 
 LA^V JOURNAL. REPORTS.— Edited by John Mews, Esq., 
 Barrister- at- Law. Published monthly. Annual Subscription : — 
 Reports and Public General Statutes Net, Zl. 4«. 
 
 Reps. Stats. & Mews' Annual Digest {Issued Quarterly) Net, Zl. 10». 
 Thin paper Edition, forming one handy Vol for the year Net, Zl. 4». 
 Or, without the Statutes Net, Zl. 
 
 The Law Journal weekly, \l. extra. 
 
 Synopsis of Contemporary Reports, 1832 to 1905. Net, 5s. 
 Law Journal Quinquennial Digest. — r»<fe " Digests." 
 
 LAAV LIST.— Law List (The). — Comprising the Judges and Offioers 
 of the Courts of Justice, Counsel, Special Pleaders, Conveyancers, 
 Solicitors, Proctors, Notaries, &c., in Euglami and Wales; the 
 Circuits, Judges, TTreasurers, Registrars, aud High Bailiffs of 
 the County Courts ; Metropolitan and StipoTidiary Magistrates, 
 Official Receivers under the Bankruptcy Act, Law and Public 
 Officers in England, Colonial and Foreign Lawyers with their 
 Hnglish Agents, Clerks of the Peace, Town Clerks, Coroners, Com- 
 missioners for taking Oaths, Conveyancers Practising in England 
 under Certificates obtained in Scotland, &c., &c. Compiled, so far 
 . as relates to Special Pleaders, Conveyancers, Solicitors, Proctors and 
 Notaries, by H. F. Baetlett, LS.O., Controller of Stamps, and 
 Registrar of Joint Stock Companies, and Published by the Authority 
 of the Commissioners of Inland Revenue and of the Law Society. 
 1908. Net, lOs. 6d. 
 
 LAU^ QUARTERLY REVIEVf.— Edited by Sir Fbbdeeick 
 
 Pollock, Bart., D.C.L., LL.D. Vols. I.— XXIIl. (with General 
 
 Indices to Vols. I. to XX.) Royal Svo. 188.5-1907. Each, 12«. 
 
 ^g' Annual Subscription post free I2s. 6d., net. Single numbers, each 6». 
 
 < ' A little criticism, a few quotations, and a batch of anecdotes, 
 afford a sauce that makes even a quarter's law reporting amusing 
 reading." — Law Journal. 
 
 "The greatest of legal quarterly reviews . . . the series of 
 ' Notes ' always so entertaining and illastrative, not merely of the 
 learning of the accomplished jurist (the Editor) bat of the grace 
 of language with which snch learning can be unfolded." — Law Jour. 
 
 LAW^YER'S ANNUAL LIBRARY— 
 
 (1) Tlve Annual Practice.— Snow, Buenkt, and Steinokb. 
 
 (2) The A. B. 0. Guide to the Practice.— Steinokb. 
 
 (3) The Annual Digest. — Mkwb. {Also Issued Quarterly.) 
 
 (4) The Annual Statutes.— Hanbitby Agos. 
 
 (6) The Annual County Court Practice, — Sktlt. 
 (6) The Magistrate's General Practice.— Atkinson. 
 ^jf Annual Subscription payable in advance, (a) For Complete Series, as 
 above, delivered on the day of publication, net. 21. 18«. (A) Nos. 1, 2, 
 3, 4, and 6 only, ntt, 21. 8«. (//A. B. C. Guidb is not wanted 2s. 6d. 
 may be deducted from subscription to series {a) or {b). {e) Nos. 3, 4, 5, 
 and 6 only, net, 21. bs. If Maoibteatk's Genekal Peaoticb is not 
 wanted 10». may be deducted from any series.) (Carrxage extra, 2s.) Full 
 prospectus forwarded on application. 
 
 •,• All standard Law Works art kept in Stock, in law calf and other bindings. 
 
22 STEVENS AND SONS, LIMITED, 
 
 LA^VYEn'S COMPANION.— rt(«««' Diary." 
 
 LAV/YER'S OFFICE.— The Modern Lawyer's Office: being 
 
 Suggestions for Improvements in the Organization of Law Offices and 
 
 for the adoption of certain American Appliances and Business Methods. 
 
 By A SoLicrroB of the Supeeme CotrET. Royal 12mo. 1902. 6«. 
 
 LEADING CASES.— Ball's Leading Cases. Vide " Torts." 
 
 Shirley's Selection of Leading Cases in the Common Law. With 
 
 Notes. By W. S. Shiblet, Esq., Barrister-at-Law. Eighth Edition. 
 
 By RiOHAED Watson, Esq., Barrister-at-Law. DemySvo. 1908.16*. 
 
 " This new edition upholds in every way the high standard of excellence with 
 
 whioh this work is very rightly apsooiated." — /-««.• Students' Journal. 
 
 "The selection is very large, though all are distinctly 'Leading Cases,' and 
 the notes are by no means the least meritoriouB part of the work."— Law Journal. 
 
 Warburton's Selection of Leading Cases in the Criminal Law. 
 
 With Notes. By Heney Wabbubton, Esq., Barrister-at-Law. 
 
 Fourth Edition. DemySvo. 1908. {Nearly ready.) 12*. 64. 
 
 " The cases have been well selected, and arranged, . . . We consider that 
 it will amply repay the student or the practitioner to read both the cases and the 
 notes." —Justice of the Peace. 
 
 LEGAL HISTORY.— Deans' Student's Legal History.— Second 
 Edition. By R. Stoeet Deans, Esq., Barrister-at-Law. Demy Svo. 
 1905. 6». 
 
 LEGAL INTERPRETATION.— Seal's Cardinal Rules of 
 Legal Interpretation. — Collected and Arranged by Edwaed Beal, 
 Esq., Barrister-at-Law. Royal Svo. 1896. 12s. 6d. 
 
 LEGISLATIVE METHODS.— I Ibert's Legislative Methods 
 and Forms. — By Sir Couetenay Ilbeet, K.C.S.I., C.I.E., Parlia- 
 mentary Counsel to the Treasury. Demy 8vo. 1901. 16*. 
 
 LEXICON.— r»<i« "Dictionary." 
 
 LIBEL AND SLANDER.— Odgers on Libel and Slander.— 
 A Digest of the Law of Libel and Slander : and of Actions on the 
 Case for Words causing Damage, with the Evidence, Procedure, 
 Practice, and Precedents of Pleadings, both in Civil and Criminal 
 Cases. Fourth Edition. By W. Blaze Odgkes, LL.D., one of His 
 Majesty's Counsel, and J. Beomxey Eames, Esq., Barrister-at-Law. 
 Royal Svo. 1906. 11. Us. 
 
 " A standard and exhaustive treatise on the law of defamation and allied 
 topics." — Law Quarterly Review. 
 
 " The most scientific of all our law books In its new dress this volume 
 
 is secure of an appreciative professional welcome." — Law Times. 
 
 LICENSING.— Slocombe's Licensing Act, 1904, Simply Stated. 
 — Second Edition. By Axfeed J. Slocombe, County Borough Police 
 Court, Huddersfield. Demy Svo. 1905. Net, Is. 
 
 Talbot's Law and Practice of Licensing.— Being a Digest of the 
 Law regulating the Sale by Retail of Intoxicating Liquor. With 
 a full Appendix of Statutes, Rules and Forms. Second Edition. By 
 Geoege John Talbot, Esq., Barrister-at-Law. Royal 12mo. 
 1905. 10s. &d. 
 
 " His method gives professional men a guide to the legislation afforded by 
 no other book." — Law Journal. 
 
 " The distinctive feature of it is that the exposition of the law is arranged in 
 the form of a code." — Law Quarterly Review. 
 
 *,* All standard Late Works art kept in Stock, in law ealf and other bindings. 
 
119 ft 120, OHAKCERY LaNE, LONDON, W.C. 23 
 
 LIGHT.— riirfe "Easements." 
 
 LIGHT RAILAVAYS.— Ftrfe" Tramways." 
 
 LOCAL AND MUNICIPAL GOVERNMENT.-Bazal- 
 
 getteand Humphreys' Law relating to County Councils. — Third 
 Edition. By Geobgk Humphkeys, Esq. Royal 8vo. 1889; 7«. Qd. 
 Bazalgette and Humphreys' Law relating to Local and Muni- 
 cipal Government. By C.Noeman Bazalqbttk and G. Huuphbbts, 
 Esqrs., Barristers-at-Law. Sup. royal 8vo. 1888. Published at 
 3?. 3«. Reduced to net, 20«. 
 
 LONDON BUILDING ACTS.-Cohen's London Building 
 Acts, 1 894 to 1 905. With lutroductions and Notes, and the Bye- 
 Laws, Regulations and Standing Orders of the Council, &c., &c. By 
 
 E. Arakie Cohen, Esq., Barrister-at-Law. Royal 8vo. 1906. ibs. 
 " These imiwrtant statutes (the London Building Acts) are here collected in 
 one useful volume, which includes the Act of 1905. The notes to the variouH 
 Sections are carefully writtf-n, and a£ford valuahle assistance to the practitioner. 
 The ■work is a decided acquisition to tbe library of the local government lawjrer, 
 and may be safely recommeoded aa a guide to the difSculties of the Building 
 Acts." — Law Timet. 
 
 Craies' London Building Act, 1894( with Introduction, Notes, 
 and Index, and a Table showing how the Former Enactments 
 relating to Buildings have been dealt with. — By W. F. Ckaxes, Esq., 
 Barrister-at-Law. Royal 8vo. 1894. 5». 
 
 LONDON LOCAL GOVERNMENT. — Hunt's London 
 Local Government. The Law relating to the London County 
 Council, the Vestries and District Boards elected under the Metropolis 
 Management Acts, and other Local Authorities. By Johh Hunt, 
 Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1897. 3/. 3«. 
 
 LUNACY. — Heywood and Massey's Lunacy Practice.— Part I.: 
 DissKBTATiONS, Forms and Precedents. Parts II. & III. : The 
 Lunacy Acts, 1890 and 1891, and Rules fully Annotated, and an 
 Appendix, with Precedents of Bills of Costs. Third Edition. By 
 N. Abthub Heywood and Ahnold S. Massby, Esqrs., Solicitors, and 
 Ralph C. Romeb, Esq., First Class Clerk in the Office of the Masters 
 in Lunacy. Royal 8vo. 1907. 25*. 
 
 " In its new and more valuable form the work should be very welcome to all 
 who have to do with this branch of law." — Law Times. 
 
 " In its eularged form tie work deserves the favour of the legal professijn." 
 — Law Journal. 
 
 MAGISTRATES' PRACTICE and MAGISTERIAL 
 LAV/.- Fide "Justice of the Peace." 
 
 MARINE INSURANCE. -Tu^ "Insurance." 
 
 MARITIME DECISIONS.- Douglas' Maritime Law Oeci- 
 sions,— Compiled by Robt. R. Douglas. Demy 8vo. 1888. 7«. 6rf. 
 
 MARRIAGE.— Kelly's French Law of Marriage, Marriage Con- 
 tracts, and Divorce, and the Conflict of Laws arising there- 
 from. Second Edition. By Olivee E. Bodinoton, Esq., Barrister-at- 
 Law, Liceucie en Droit de fa. Faoultede Paris. Roy. 8vo. 1895. 1/. 1«. 
 
 MARRIED Vk/OMEN'S PROPERTY.- Lush's Married 
 Women's Rights and Liabilities in relation to Contracts, Torts, 
 and Trusts. By Montaol'b Lush, Esq., Barrister-at-Law, Author 
 of "The Law of Husband and Wife." Royal 12mo. 1887. ht. 
 
 *,• All standard Law Works ar* kept tn Stock, in lau> ealj and othtr hindingi. 
 
24 8TEVEN{* A^D »UNB, LIMITED, 
 
 MASTER AND SERVANT.— Macdonell's Law of Master 
 and Servant. — Second Edition. By Sir John Macdonell, LL.D., 
 C.B., a Master of the Supreme Court, and Edwabd A. Mitchell 
 Innes, Esq., K.C. {In the press.) 
 
 MEDICAL PARTNERSHIPS.— Barnard and Stocker's 
 Medical Partnerships, Transfers, and Assistantships. — By 
 William Baenaed, Esq., Barrister-at-Law, and G. Bkkteam Stockbe, 
 Esq., Managing Director of the Scholastic, Clerical and Medical 
 Association (Limited). Demy 8vo. 1895. 10». 6d. 
 
 MERCANTILE LAV/.— Smith's Connpendium of Mercantile 
 
 Law.— Eleventh Edition. By Edwaed Louia de Haet, M.A., 
 
 LL.B., and Ralph Iliff Simet, B.A., Eaqrs., Bamsters-at-Law. 
 
 2 vols. Royal 8vo. 190.5. 2/, 2s. 
 
 " Of the greatest value to the mercantile lawyer." — Law 7\me». 
 " One of the most scientific treatises extant on mercantile law." — Solicitors' Jl. 
 
 Tudor's Selection of Leading Cases on Mercantile and Maritime 
 
 Law. — With Notes. By O. D. Ttodob, Esq., Bamster-at-Law. 
 
 Third Edition. Royal 8vo. 1884. 21. 2s. 
 
 MERCHANDISE MARKS ACT. — Payn's Merchandise 
 Marks Act, 1887. — By H. Path, Barristeor-at-Law. Royal 12mo. 
 1888. 3«. 6d. 
 
 MINES AND MINING.-Cockburn.— ri«fe«'Coal." 
 
 MONEY-LENDERS AND BORROV/ERS.— Alabaster s 
 
 Money- Lenders and Borrowers. — The Law relating to the 
 Transactions of Money-Lenders and Borrowers. By C. Geenvillb 
 Alabastee, Esq., Bariister-at-Law. Demy 8vo. 1908. 6«. 
 
 MORALS AND LEGISLATION.-Bentham's Introduction 
 to the Principles of Morals and Legislation. — By Jkbkjct Bbn- 
 THAM, M. A., Bencher of Lincoln's Inn. Crown 8vo. 1879. 6s. 6d. 
 
 MORTGAGE. — Beddoes' Concise Treatise on the Law of Mort- 
 gage. — Second Edition. By W. F. Beddoes, Esq., Barrister-at- 
 Law. 8vo. 1908. 12f. 6d. 
 
 Coote's Treatise on the Law of Mortgages. — Seventh Edition. 
 By Sydney Edwaed Williams, Esq., Barrister-at-Law, Author of 
 "The Law relating to Legal Representatives," "The Law of 
 Account," &c. 2 vols. Royal 8vo. 1904. 3^. 3«. 
 
 "The work is very complete, and as a standard book is one to which the 
 lawyer may turn for almost any point he needs in connection with its subject." — 
 Late Students' Journal, 
 
 "It is essentially a practitioner's book, and we pronounce it 'one of the 
 best.' " — Law Notes. 
 
 MOTOR CARS. — Bonner and Farrant's Law of Motor Cars, 
 
 Hackney and other Carriages. — An Epitome of the Law, Statutes, 
 
 and Regulations. Second Edition. By G. A Bonnee and H. G. 
 
 Eaeeant, Esqrs., Banisters-at-Law. Demy 8vo. 1904. \2s. %d. 
 
 " Carefully revised and brought up to date." — Law Tivies. 
 
 NAVY.- Manual of Naval Law and Court Martial Procedure; 
 in which is embodied Thring's Criminal Law of the Navy, and an 
 Appendix of Practical Forms. — By J. E. R. Stephens, Esq., 
 Barrister-at-Law, C. E. Giffoed, Esq.. C.B., Fleet Paymaster, 
 Royal Navy, and F. Haeeison Smith, Esq., Staff Paymaster, 
 Royal Navy. Deiuy 8vo. 1901. 15». 
 
 NEGLIGENCE. — Smith's Treatise on the Law of Negligence. 
 
 Second Edition. By Hobace Smith, Esq. 8vo. 1884. 12». 6d. 
 
 •,* All standard Lata Works are kept in Stock, in law calf and other bindings. 
 
119 & 120, OHAKOlSJftV LANJfi, L.ONDON, W.O. 26 
 
 NIGERIA LAV^S.-Gollan's Northern Nigeria Law. Royal 
 
 8vo. 1905. 21. 2s. 
 
 Speed's Laws of Southern Nigeria. 2 vols. Royal 8vo. 1908. 
 
 Net, II. 10*. 
 
 NISI PRIUS.— Roscoe's Digest of the Law of Evidence on the 
 
 Trial of Actions at N isi Prius. — Eighteenth Edition. By Maubicb 
 
 Powell, Esq., Barrist^r-at-Law. 2 vols. Demy 8vo. 1907. 21. 2«. 
 
 " An indispensable work of reference for the practitioner." — Solicitors' 
 Journal, 
 
 •* A vast and closely packed storehouBe of information." — Law Joumai. 
 " Invaluable to a Nisi Prius practitioner." — Law Quarterly Review. 
 
 NOTARY.— Brooke's Treatise on the Office and Practice of a 
 Notary of England. — With a full collection of Precedents. Sixth 
 Edition. By James CBANSTOtnsr, Esq., Barrister-at-Law. Demy 8vo. 
 1901. 11. 5s. 
 
 "The book is an eminently practical one, and contains a very complete 
 collection of notarial precedents. The editor is to be congratulated upon the 
 execution of a very thorough piece of work." — Law Joumai. 
 
 OATHS. — Stringer's Oaths and Affirmations in Great Britain 
 and Ireland ; being a Collection of Statutes, Cases, and Forms, with 
 Notes and Practical Directions for the use of Commissioners for Oaths, 
 and of all Courts of Civil Procedure and Offices attached thereto. By ' 
 Francis A. Stmnoee, of the Central Office, Royal Courts of Justice, 
 one of the Editors of the "Annual Practice." Second Edition. 
 Crown 8vo. 1893. 4«.' 
 
 " Indispensable to all oommisaioners." — SolieUonf Journal. 
 
 ORANGE RIVER.— The Statute Law of the Orange River 
 
 Colony.— Translated. Royal 8vo. 1901. 2/. 2«. 
 
 OTTOMAN CIVIL L.AV^.— Grigsby's Medjelle, or Ottoman 
 
 Civil Law.— Translated into English. By W. E. Geiosbt, LL.D., 
 
 Esq., Barrister-at-Law. Demy 8vo. 1896. U. Is. 
 
 PARISH LAVf. — Humphreys' Parish Councils. — The Law 
 relating to Parish Councils. Second Edition. By Geobob Htth- 
 phbets, Esq., Barrister-at-Law. Royal 8vo. 1896. 10*. 
 
 Steer's Parish Law. Being a Digest of the Law relating to the 
 Civil and Ecclesiastical Government of Parishes and the Relief of the 
 Poor. Sixth Edition. By W. H. Maonamaba, Esq., Assistant 
 Master of the Supreme Court. Demy 8vo. 1899. U. 
 
 PARTNERSHIP.— Aggs' Limited Partnerships Act, 1907. 
 With Rules and Forms thereunder. By W. Hanbuey Aoqs, Esq., 
 Barrister-at-Law. Royal 8vo. 1908. Net, Is. Qd. 
 
 Pollock's Digest of the Law of Partnership. With an Appendix 
 of Forms. Eighth Edition. With an Appendix on the Limited 
 Partnerships Act, 1907, together with the Rules aud Forms. By 
 Sir Fbkdebiob Pollock, Bart., Barrister-at-Law, Author of " Prin- 
 ciples of Contract," " The Law of Torts," &c. Demy 8vo. 1908. 10«. 
 
 " Pi-actitioners and students alike will welcome a new edition of this work." 
 — Law Joumai. 
 
 " Of the execution of the work we can speak in terms of the highest praiM. 
 The languaige is simple, concise, and clear." — Lnw itagatine. 
 
 " Praiseworthy in design, scholarly and complete in execution."— Sot. Seview, 
 
 •»• All standard Law Works are kept in Stock, in lata ealf and other binding*. 
 
2« aTEVENB AND SONS, LIMITED, 
 
 PATENTS.— Edmunds' Law and Practice of Letters Patent for 
 Inventions.— By Lewis Edmunds, Esq., K.C. Second Edition. By 
 T. M. Stevkns, EBq.,Barri8ter-at-Law. Roy. 8vo. 1897. II. I2s. 
 
 Edmunds' Patents, Designs and Trade Marks Acts, 1883 to 
 1888, Consolidated with an Index. Second Edition. By Lewis 
 Edmttnds, Esq., K.C, D.Sc, LL.B. Imp. Svo. 1895. mt, Is. &d. 
 
 Johnson's Patentees' Manual.— Sixth Edition. By James John- 
 son, Esq., Barrister-at-Law ; and J. Hkney Johnson, Solicitor and 
 Patent Agent. Demy Svo. 1890. 10*. 6d. 
 
 Johnson's Epitome of Patent Laws and Practice. Third Edition. 
 Crown Svo. 1900. Net, 2s. &d. 
 
 Morris's Patents Conveyancing, — Being a Collection of Precedents 
 in Conveyancing in relation to Letters Patent for Inventions. 
 With Dissertations and Copious Notes on the Law and Practice. By 
 RoBEET MoEEis, Esq., Barrister-at-Law. Royal Svo. 1887. \l. bs. 
 
 Rushen's Critical Study of the Form of Letters Patent for 
 Inventions. — By Peeoy C. Eushen, Esq., Chartered Patent Agent. 
 Demy I'imo. 1908. Net, 3s. Qd. 
 
 Thompson's Handbook of Patent Law of all Countries. — By 
 Wm. P. Thompson. Fourteenth Edition. 12mo. 1908. Net, 2s. M. 
 
 Thompson's Handbook of British Patent Law. Fourteenth Edition. 
 12mo. 1908. Net, 6d. 
 
 PAWNBROKING. — Attenborough's Law of Pawnbroking, 
 with the Pawnbrokers Act, 1872, and the Factors Act, 1889, 
 and Notes thereon. By ChaelesL. Attenboeough, Esq., Barrister- 
 at-Law. Post Svo. 1897. Net, 3s. 
 PEERAGE LAV/.— Palmer's Peerage Law in England. With 
 an Appendix of Peerage Charters and Letters Patent (in English). 
 By Sir Feancis Beattfoet Palmee, Bencher of the Inner Temple, 
 Author of " Company Precedents," &c. Royal Svo. 1907. I2s. 6d. 
 PLEADING. — Sullen and Leake's Precedents of Pleadings in 
 Actions in the King's Bench Division of the High Court of 
 Justice, with Notes. Sixth Edition. By Cyeil Dodd, Esq., K.C, 
 and T. Willes Chitty, Esq., Barrister-at-Law, a Master of the 
 Supreme Court. Royal Svo. 1905. II. 18s. 
 " The standard work on modem pleading." — Law Journal. 
 
 Eustace's Practical Hints on Pleading.— By Alex Andeeson 
 Eustace, Esq., Barrister-at-Law. Demy Svo. 1907. 6s. 
 
 " Especially useful to youn» solicitors and students of both branches of the 
 Itgal profession."— /.aw Times, May 11, 1907. 
 
 Odgers' Principles of Pleading and Practice in Civil Actions in 
 the High Court of Justice.— Sixth Edition. By W. Blase 
 Odoees, LL.D., K.C, Recorder of Plymouth, Author of "A Digest 
 of the Law of Libel and Slander." Demy Svo. 1906. 12s. 6d. 
 
 " The student or practitioner who desires instruction and practical guidance 
 in our modem system of pleading cannot do better than possess himself of 
 Mr. Odgers* book." — Law Journal. 
 
 POISONS.— Reports of Trials for Murder by Poisoning. — With 
 Chemical Introductions and Notes. By G. Latham Beowne, Esq., 
 Barrister-at-Law, and C G-. Stewaet, Senior Assistant in tne Labo- 
 ratory of St. Thomas's Hospital, &c. Demy Svo. 1883. 12«. 6d. 
 
 •^* All standard Lau- Works are kept in Stock, in law calf and other bindinys. 
 
119 & 120, CHANCERY LANE, LONDON, W.O. 27 
 
 POLICIES. — Farrer. — Vide "Vendors and Purchasers." 
 
 POOR LAAV SETTLEMENT.- Davey's Poor Law Settle- 
 ment and Removal. By Heebeet Davey, Ei^q., Barrister-at- 
 Law. Demy 8vo. 1908. 9«. 
 
 POWERS.— Farweli on Powers. — A Concise Treatise on Powers. 
 Second Edition. By Geoeob Faewell, Esq., Q.C. (now a Lord 
 Justice of Appeal), assisted by W. R. Sheldon. Esq., Barrister- 
 at-Law. Royal Bvo. 1893. \l. 5«. 
 
 PRINCIPAL AND AGENT —Wright's Law of Principal and 
 
 Agent. By E. Blackwood Weight, Esq., Barrister-at-Law. Second 
 
 Edition, Demy 8vo. 1901. 18». 
 
 " Clearly arran^d and clearly written." — Law Timea. 
 
 " May with confidence be recommended to all lejfal pmctitionere a« an accu- 
 rate and handy text book on the subjects comprised in it." — Soluntort' Journal. 
 "An excellent book."— Law Quarterly Review. 
 
 PRIVY COUNCIL LAAV.— Wheeler's Privy Council Law: A 
 Synopsis of all the Appeals decided by the Judicial Committee (includ- 
 ing Indian Appeals) from 1876 to 1891. By Geoeob Whbelkb, Esq., 
 Barrister-at-Law, and of the Judicial Department of the Privy 
 Council. Royal 8 vo. 1893. U lis. 6d. 
 
 PRIZE CASES.- Reports of Prize Cases determined in the 
 High Court of Admiralty, before the Lords Commissioners 
 of Appeals in Prize Causes, and before the Judicial Com- 
 mittee of the Privy Council, from 1745 to 1859. — Edited by 
 E. S. Roscoe, Esq., Barrister-at-Law and Admiralty Registrar. 
 2 Vols. Royal 8vo. 1905. * Net, 21. 10«. 
 
 "We gladly acknowledge the excellent judgment with which Mr. Roscoe 
 has performed his task. The English Prize Cases will be a boon to the student 
 of international law, and in times of naval warfare to the practitioner." — La^B 
 Journal. 
 
 PROBATE.— Nelson's Handbook on Probate Practice (Non- 
 Contentious), (Ireland). — By Howaed A. Nelson, Esq., Barrister- 
 at-Law. Demy 8vo. 1901. 12«. 6rf. 
 Powles and Oakley on Probate.— Fourth Edition. Part I. THE 
 LAW. By L. D. Powles. Esq., Barrister-at-Law. District Probate 
 Registrar for Norwich. Part II. THE PRACTICE. Contentious 
 Practice. By W. M. F. Wateeton, Esq., Barri.ster-at-Law, of the 
 Probate Registry, Somerset Hou-iC. Non-Contentious Practice. By 
 E. LovELL Mansbeidge, Esq., of the Probate Registry, Somerset 
 House. Demy 8vo. 1906. U. 10«. 
 
 " This is a practical book by practical men, and a very complete guide to the 
 law and pra- tice of probate." — Solicitors' Journal. 
 
 PROPERTY.— 6'ce also " Real Property." 
 
 Raleigh's Outline of the Law of Property.— Demy 8vo. 1890. 7*.6rf. 
 
 Strahan's General View of the Law of Property.— Fifth Edition. 
 
 By J. A. Stbahan, assisted by J. SmoLAiB Baxtkb, Esqrs., Barris- 
 
 ters-at-Law. Demy 8vo. 1908. 12«. 6d. 
 
 " The student will not easily find a better general view of the law of property 
 than that which i.s contained in this hook"— S^licitort' Journal. 
 
 " We know of no better book for the class-room." — tjato Timet. 
 
 PUBLIC MEETINGS.— Chambers' Handbook for Public 
 Meetings. — Including Hints as to the Summoning and Management 
 of them, and a" to the Duties of Chairman, &c., &e., and Rules of 
 Debate. Third Edition. By Gkoeob F. Chaicbkb8, Esq., Barrister- 
 at-Law. Royal 8vo. 1907. Net, 2*. 6d. 
 
 •^» ^11 ttandard Law Works are kept in Stock, in law ea\f and other bindingt. 
 
2S aTEVEWa AND SONS, LIMITED, 
 
 QUARTER SBSSIOUS,— See also '< Criminal Law." 
 
 Pritchard's Quarter Sessions. — The Jurisdiction, Practice, and 
 Procedure of the Quarter Sessions in Judicial Matters, Criminal, 
 Civil, and Appellate. Second Edition. By Joseph B, Matthews 
 and V. Geaham Milwaed, Esqrs., Barristers-at-Law. Demy 8vo. 
 1904. Fublisfied at II. lis. 6d. ; reduced to net, 15«. 
 
 RAILWAY RATES.— Darlington's Railway Rates and the 
 Carriage of Merchandise by Railway, — By H. R. Daelington, 
 Esq., Barrister-at-Law. Demy 8vo. 1893. U. 5s. 
 
 Russell's Railway Rates and Charges Orders. The Law under 
 the Railway Rates and Charges Orders Confirmation Acts, 1891 and 
 1892, and the Railway and Canal TraflBc Act, 1894, with Explanatory 
 Notes and Decisions. — By Habold Russell, Esq., Barrister-at-Law. 
 Royal 8vo. 1907. 10». 6rf. 
 
 " Useful both to the officials of railway companies and to the latter's 
 customers." — Yorkshire Post. 
 
 " Every branch of the subject is treated in a clear and succinct manner." — 
 Western Morning A'ews. 
 
 RAILWAYS.— Browne and Theobald's Law of Railway Com- 
 panies. — Being a Collection of the Acts and Orders relating to 
 jRailway Companies in Great Britain and Ireland, with Notes of all 
 the Cases decided thereon. Third Edition. By J. H. Balfoub 
 Beownk, Esq., one of His Majesty's Counsel, and Frank Balfoub 
 Beowne, Esq., Barrister-at-Law. Royal 8vo. 1899. 21. 2s. 
 
 " Contains in a very concise form the whole law of railways." — JTie Times. 
 
 " It is difficult to find in this work any subject in connection with railways 
 which is not dealt with." — Law Times. 
 
 " Practitioners who require a comprehensive treatise on railway law will find it 
 indispensable." — Law Journal. 
 
 Disney's Law of Carriagp by Railway. — By Henet W. Disney, 
 Esq., Barrister-at-Law, Demy 8vo. 1905. 7». 6d. 
 
 " Contains much useful information, and can be cordially recommended to 
 the lawyer." — Law Times. 
 
 Powell's Relation of Property to Tube Railways. — By Maueicb 
 Powell, Etq., Barrister-at-Law. Demy 8vo. 1903. Ifet Is. 6d. 
 
 RATES AND RATING. — Castle's Law and Practice of 
 Rating.— Fourth Edition. By Edwabd James Castlk, Esq., one 
 of His Majesty's Counsel, &c. Royal 8vo. 1903. II. bs. 
 
 " A compendious treatise, which has earned the goodwill of the Profession on 
 account of its conciseness, its lucidity, and its accuracy." — Law Times. 
 
 Hamilton and Forbes' Digest of the Statutory Law relating to 
 the Management and Rating of Collieries. — For the use of 
 Colliery Owners, Viewers and Inspectors. By H. B. Hans 
 Hamilton and UEauHAET A. Foebes, Esqrs., Barristers-at-Law. 
 Demy 8vo. 1902. Net, 17s. &d. 
 
 "An eminently practical work." — Law Times. 
 
 REAL PROPERTY. —Carson's Feal Property Statutes, com- 
 prising, among others, the Statutes relating to Prescription, Limita- 
 tion of Actions, Married Women's Property, Payment of Debts out 
 of Real Estate, Wills, Judgments, Conveyancing, Settled Land, 
 Partition, Trustees. Being a Tenth Edition of Shelford's Real Property 
 Statutes. By T. H. Caeson, Esq., K.C., and H. B. Bompab, Esq., 
 Barrister-at-Law. Royal 8vo. 1902. 1/. 15*. 
 
 " Absolutely indispensable to conveyancmg and eqtiity lawyers." 
 De Villier's History of the Legislation concerning Real and 
 Personal Property in England during the Reign of Queen 
 Victoria. — Crown 8vo. 1901. 3«. 6fi?. 
 
 Digby's History of the Law of Real Property. Fifth Edition. 
 
 Demy 8vo. 1897. 12». &d. 
 
 *^* All standard Law Works are kept in Stock, in law calf and other bindings. 
 
119 & 120, aHANCERY LANE, LONDON, WO. 29 
 
 REAL PROPERTY— continued. 
 
 Lightwood's Treatise on Possession of Land i with a chapter on 
 the Real Property Limitation Acts, 1833 and 1874. — By JoKS M. 
 LiGHTWOOD, Esq., Barrister-at-Law. Demy 8vo. 1894. l.5». 
 
 IMaciaurin's Nature and Evidence of Title to Realty. A His- 
 torical Sketch. By Richaed C. Maci^uhin, Esq., of Lincoln's Inn. 
 Demy Svo. 1901. 10s. 6d. 
 
 Shelford's Real Property Statutes. — F«<fe " Carson." 
 Smith's Real and Personal Property. — A Compendium of the Law 
 of Real and Personal Property, primarily connected with Oon- 
 reyancing. Designed as a Second Book for Students, and as a 
 Digest of the most useful learning for Practitioners. Sixth £klition. 
 By the Atjthob and J. Tbubxbam, LL.M., Barrister-at-Law. 2 vols. 
 Demy Svo. 1884. 21. i*. 
 
 " A book which he (the student) may read over and over again with prodt and 
 pleasure." — Law Times. 
 
 Strahan.— Vide " Property." 
 
 REGISTERED LAND.— F«fe "Land Transfer" and "York- 
 shire Registries." 
 
 REGISTRATION.— Rogers.— Fttfe " Elections." 
 
 Fox and Smith's Registration Cases. (1886—1895.) Royal Svo. 
 
 Calf, net, 21. 10«. 
 
 Smith's (C. Lacey) Registration Cases. Vol. L (1895—1905.) 
 
 Royal Svo. Calf, net, 21. lis. 
 
 Smith's (C. Lacey) Registration Cases. Vol. IL, Part I. (1906— 
 
 1907.) Royal Svo. Net, bs. 
 
 *^* Parts sold separately. Prices an application. 
 
 REPORTS.— r»<fe "English Reports." 
 
 REQUISITIONS ON TITLE.— Dickins.— Fw^f "Oonyey- 
 
 ancing." 
 
 RE VERSIONS.— Farrer. — Vide " Vendors and Purchasers." 
 
 RIVERS POLLUTION.— Haworth's Rivers Pollution.— The 
 Statute Law relating to Rivers Pollution, containing the Rivers Pollu- 
 tion Prevention Acts, 1876 and 1893, together with the Special Acts in 
 force in the West Riding of Yorkshire and the County of Lancaster, 
 and Practical Forms. Second Edition. By Chaeles Joseph 
 Hawoeth, Solicitor, B.A. (Cantab.), LL.B. (London). Roy. r2mo. 
 1906. Net, 10«. 6d. 
 
 ROMAN LAV/. — Abdy and Walker's Institutes of Justinian, 
 Trannlated, with Notes, by J. T. Abdy, LL.D., and the late Bbtaw 
 Walkee, M.A., LL.D. Crown Svo. 1876. 16«. 
 
 Abdy and Walker's Commentaries of Qaius and Rules of Ulpian. 
 With a Translation and Notes, by J. T. Abdy, LL.D., late Regrius 
 Professor of Laws in the University of Cambridge, and the late 
 Bbtan Walkeb, M.A., LL.D. New Edition by Betan Wai.kbb. 
 Crown Svo. 1885. 16«. 
 
 Barham's Students' Text-Book of Roman Law. — Second Edition. 
 By C. Nicolas Baeham, Esq., Barrister-at-Law. Demy 12mo. 
 1908. 3». 6d. 
 
 " A collection of notes, clearly and simply expressed, upon the principal topics 
 of Boman Law as they are ntated in the Institutes of Oaiuri and Justinian. 
 Neatly arranged, and fonns a complete outline of the subject." — Lata Notts. 
 
 Goodwin's XII. Tables, — By Fbrdkriox Ooodwin, LL.D. London. 
 
 Royal 12mo. 1886. 3». 6rf. 
 
 Greene's Outlines of Roman Law. — Consisting chiefly of an 
 
 Analysis and Summary of the Institutes. For the use of Students. 
 
 By T. Whitooicbk GEEEmc, Barrister-at-Law. Fourth Edition. 
 
 Foolscap Svo. 1884. It. 6d. 
 
 *,* All standard Law Works art k«pt in Stock, in law ealf and other bindings. 
 
30 STEVENS AND SONS, LIMITED, 
 
 ROMAN I.AVI— continued. 
 
 Grueber's Lex Aquilia, — ^The Roman Law of Damage to Property: 
 being a Commentary on the Title of the Digest " Ad Legem Aqui- 
 liam" (ix. 2). With an Introduction to the Study of the Corpus 
 Juris Civilis. By EKWiNGrRtrEBKB, Dr. Jur., M.A. 8vo. 1886. 10.«. Grf. 
 
 Holland's Institutes of Justinian, — Second Edition. Extra fcap. 
 8vo. 1881. 5s. 
 
 Holland and Shadwell's Selecl Titles from the Digest of Jus- 
 tinian.— Demy 8vo. 1881. 14«. 
 
 Monro's Digest of Justinian. — Translated. By C. H. Moneo, M.A. 
 Vol. I. Royal 8vo. 1904. Mt, 12«. 
 
 Monro's Digest IX. 2. Lex Aquilia. Translated, with Notes, by 
 C. H. Moneo, M.A. Crown 8vo. 1898. 6«. 
 
 Monro's Digest XIX. 2, Locati Conduct!. Translated, with Notes, 
 by C. H. Moneo, M.A. Crown 8vo. 1891. 5*. 
 
 Monro's Digest XLVII. 2, De Furtis. Translated, with Notes, by 
 C. H, MoNEO, M.A. Crown 8vo. 1893. 5«. 
 
 Monro's Digest XLI. 1, De Adquirendo Rerum Dominio. Trans- 
 lated, with Notes, by C. H. Moneo, M.A. Crown 8vo. 1900. 6». 
 
 Moyle's Imperatoris lustiniani Institutionum Libri Quattuor. — 
 Fourth Edition. Demy 8vo. 1903. 16*. 
 
 Moyle's Institutes of Justinian. Translated into English. — Fourth 
 Edition. Demy 8vo. 1906. 6». 
 
 Poste's Elements of Roman Law. — By Gains. With a Translation 
 and Commentary. Fourth Edition. Demy 8vo. 1904. N'et, 16s. 
 
 Roby's Introduction to the Study of Justinian's Digest, con- 
 taining an account of its composition and of the Jurists used or 
 referred to therein. By H. J. Robt, M.A. Demy 8vo. 1886. 9s. 
 
 Roby's Justinian's Digest. — Lib. VII., Tit. I. De Usufructu, with 
 
 a Legal and Philological Commentary. By H. J. Robt, M.A. 
 
 Demy 8vo. 1884. 9«. 
 
 Or the Two Parts complete in One Volume. Demy 8vo. 18«. 
 
 Roby's Roman Private Law in the Times of Cicero and of the 
 Antonines.— ByH.J.RoBT,M.A. 2vols. Demy8vo. 1902. Mt,30s. 
 
 Sohm's Institutes of Roman Law. — Third Edition. Demy 8vo. 
 1907. Net, 16«. 
 
 Walker's Selected Titles from Justinian's Digest. — Annotated by 
 the late Beyan Walkee, M.A., LL.D. 
 
 Part I. Mandati vel Contra. Digest xvn. i. Crown 8vo. 1879. 6s. 
 
 Part III. De Condictionibus. Digest xn. 1 and 4 — 7, and 
 
 Digest xin. 1—3. Crown 8vo. 1881. 6«. 
 
 Walker's Fragments of the Perpetual Edict of Salvius Julianus. 
 Collected and annotated by Betan Walzee, M.A., LL.D. Crown 
 8vo. 1877. 6«, 
 
 Whewell's Grotius de Jure Belli et Pacis, with the Notes of Bar- 
 
 beyrac and others ; accompanied by an abridged Translation of the 
 
 Text, by W. Whewell, D.D. 3 vols. Demy 8vo. 1853. 12*. 
 
 *^* All standard Law Works are kept in Stock, in law calf and other bindings. 
 
119 & 120, CHANCER if LANE, LONDON, W.C. 31 
 
 RULING CASES. -Campbell's Ruling Cases.— Arranged, 
 Annotated, and Edited by Robert Cahpbbll, of Lincoln's Inn, Esq., 
 Barrister- at- Law, Advocate of the Scotch Bar, assisted by other 
 Members of the Bar. With American Notes by Ievinq Bbownb, 
 formerly Editor of the American Reports, and the Hon. Leonabd A. 
 JoxES, A.B., LL.B. (Harv.). Royal 8vo. 1894-1902. Half vellum, 
 gilt top. Complete in XXVI Volumes. Price for the set, net, 2bl. 
 •»* The Volumes sold separately, net, each \l. 5«. 
 
 I. — Abandonment —Action. 
 II. —Action —Amendment. 
 III. — Ancient Light— Ban l<er, 
 
 IV. Bankruptcy— Bill of Lading. 
 
 v.— Bill of Sale— Conflict of Laws. 
 
 VI. —Contract. 
 
 VII. — Conversion— Counsel. 
 Vill. -Criminal Law— Deed. 
 
 IX. -Defamation — Dramatic and 
 Musical Copyright. 
 
 X. — Easement — Estate. 
 
 XI. — Estoppel —Execution. 
 
 XII. — Executor — Indemnity. 
 XIII. — Infant— Insurance. 
 
 XIV. —Insurance — Interpretation. 
 
 XV. — Judge— Landlord and Tenant. 
 XVI.— Larceny— Mandate. 
 XVII. -Manorial Right -Mistake. 
 XVIII. — Mortgage —Negligence. 
 XIX.— Negligence —Partnership. 
 
 XX.— Patent. 
 XXI.— Payment— Purchase for Value 
 
 without Notice. 
 XXII. — Quo Warranto — Release. 
 XXIII.— Relief— Sea. 
 XXIV.— Search Warrant— Telegraph. 
 XXV. -Tenant-Wills. 
 XXVI.— Table of Cases ; Index. 
 
 An Addendum Volume, containing Notes of Cases published since the 
 issue of Vol. I., will be issued shortly. 
 
 THIS SERIES PRESENTS- 
 
 The best English Decisions (in full), 
 From the earlier Reports to the present time, 
 Grouped under topics alphabetically arranged. 
 CTNDER EACH TOPIC IS QIVEN- 
 
 A " Rule " of law deduced from the cases ; 
 The early or " leading " case (in full) ; 
 English notes abstracting collateral cases ; 
 American notes. 
 THE OBJECT OF THE SERIES IS— 
 To state legal pi-inciples clearly. 
 
 Through cases of accepted authority, 
 With sufficient annotation 
 
 To aid the application of these prinoiplee 
 to any given state of facts. 
 
 EXTEACTS FBOH PeESS NOTICES. 
 
 " A Cyclopsedia of la* . . . . most ably pxpcuted, learned, accurate, clear, 
 concise; but perliapc its chief merit is that if impreH8e-<on us what the practising 
 tCnglish lawyer is too apt to forget -that English law really is a body of prin- 
 ciples." — The llritUh /{evime. 
 
 " One of the most ambitious, and ought to be, when it is complete, one of the 
 most generally useful legal works which the present century has produced."— 
 TAteraCure. 
 
 " A perfect storehouse of the principles established and illustrated by our 
 case law and that of the United States."— iaio Times. 
 
 " The general scheme appears to be excellent, and its execution reflects the 
 greatest credit on everybody concerned. It may, indeed, be said to constitute, 
 for the present, the high-water mark of the science of book-making."— 5a(. Sw. 
 
 " A work of unuHual value and interest. . . . Each leading case or group 
 of cases is preceded by a statement in bold type of the rule which tney are quoted 
 as establishing. The work is happy in conception, and this first volume shows 
 that it will be adequately and successfully carried out."— Solicitors' Journal. 
 
 "The English Ruling Cases seem generally to have been well and carefully 
 chosen, and a great amount of work has been expended. . . . Great accrvacy 
 and care are shown in the preparation of the Notes."- /rfiic Quartfrly Review. 
 
 " The Series has been maintained at a high level of ezoellenoe." — 
 
 The Titm-Ji. 
 *«* A II ttandard Law Worki are kept in Stock, in law ealf and other btndingi. 
 
32 STEVENS AND SONS, LIMITED, 
 
 SALES. — Blackburn on Sales. A Treatise on the Effect of the 
 Contract of Sale on the Legal Rights of Property and Possession in 
 Goods, Wares, and Merchandise. By Lord Blaokbubn. 2nd Edit. 
 By J. C. Geaham, Esq., Barrister -at-Law. Royal 8vo. 1885. 11. la. 
 
 SALVAGE.— Kennedy's Treatise on the Law of Civil Salvage. 
 
 — By The Right Hon. Lord Justice Kennedy, a Lord Justice of 
 
 Appeal. Second Edition. By A. R. Kennedy, Esq., Barrister- at- 
 
 Law. Royal 8vo. 1907. 15s. 
 
 " The whole subject is explained in the present work in a manner at once 
 lucid and inteieatiag." ~ Solicitors' Journal, June 8, 1907. 
 
 SETTLED LAND.— T^trfe "Conveyancing" and "Forms." 
 
 SHERIFF LAW.— Mather's Compendium of Sheriff and Exe- 
 cution Law. Second Edition. By Philip E. Mathee, Solicitor and 
 Notary, formerly Under-Sherifi of Newcastle-on-Tyne. Royal 8vo. 
 
 1903. U. 10«. 
 
 " We think that this book will be of very great assistance to any persons who 
 may fill the positions of high sheriff and under-sheriff from this time forth. The 
 whole of the legal profession wiU derive great advantage from having this 
 volume to considt." — Law Times. 
 
 " The subject is one of great practical importance, and this edition will be 
 most valuable in the office of shenffs and solicitors." — Law Journal. 
 
 SHIPPING.— Carver.— Fi(?« " Carriers." 
 
 Marsden's Digest of Cases relating to Shipping, Admiralty, 
 and Insurance Law, down to the end of 1897. — By Reginald 
 G. Maesden, Esq., Barrister-at-Law, Author of "The Law of 
 Collisions at Sea." Royal 8vo. 1899. H. 10«. 
 
 Pulling's Shipping Code; being the Merchant Shipping Act, 1894 
 (57 & 58 Vict. c. 60). With Introduction, Notes, Tables, Rules, 
 Orders, Forms, and a Pull Index. — By At.wxandeb Pulling, Esq., 
 Barrister-at-Law. Royal 8vo. 1894. Net, 7s. &d. 
 
 Temperley's Merchant Shipping Acts. — By Robeet Tempeeley, 
 
 Esq., Barrister-at-Law. Second Edition, comprising the Merchant 
 
 Shipping Acts, 1894 to 1907, with Notes, and an Appendix of Orders 
 
 in Council, Rules and Regulations, Official Forms, &c. By the 
 
 AuTHOE (now a Solicitor of the Supreme Court), and Htibeet Sttjaet 
 
 MooEE, Esq., Barrister-at-Law, assisted by Alfeed Bucknill, Esq., 
 
 Barrister-at-Law. Royal 8yo. 1907. 11. 10«. 
 
 " The book is a monument of industry, careful comparison, and exact 
 knowledge, and nothing has been spared to make the Acts intelligible to all 
 willing to understand them, but to many of whom, perhaps, opportunity for 
 prolonged study is denied." — Law Quarterly Review, January, 1908. 
 
 SLANDER.— Odgers,— r«fo "Libel and Slander." 
 SMALL HOLDINGS.— Aggs' Small Holdings and Allot- 
 ments Act, 1907. With Explanatory Introduction and Notes. — 
 By W. Hanbuey Aggs, Esq., Barrister-at-Law. Royal 8vo. 1908. 
 
 Net, Is. Qd. 
 SOLICITORS. — Cordery's Law relating to Solicitors of the 
 Supreme Court of Judicature. With an Appendix of Statutes 
 and Rules, the Colonial Attomies Relief Acts, and Notes on Appoint- 
 ments open to Solicitors, and the Right to Admission to the Colonies, 
 to which is added an Appendix of Precedents. Third Edition. By 
 
 A. CoEDEEY, Esq., Barrister-at-Law. Demy 8vo. 1899. 11. Is. 
 " The leading authority on the law relating to solicitors." — Law Journal. 
 " A complete compendium of the law." — Law Times. 
 
 •,* A II Dtcmdard Law Works are kept in Stock, in law calf and other bindings. 
 
11& & 120, CHANCERY LANE, LONDON, W.C. 3t 
 
 SPECIFIC PERFORMANCE. -Fry's Treatise on the 
 
 Specific Performance of Contracts. By the Right Hou. Sir 
 
 Edwabd Fbt. Fourth Edition. By "W. D. Rawlins, Esq., K.C. 
 
 Royal 8vo. 1903. 1/. 16*. 
 
 " The leading authority on its subject." — Lave Journal. 
 
 "Mr. Rawlins has acquitted himself of his responsible task with signal 
 ability." — Lnw Tim's. 
 
 STAMP LAWS.— Highmore's Stamp Laws. — Being the Stauip 
 Acts of 1891 : with the Acts amending and extending the same, 
 including the Finance Act, 1902, together with other Acts imposing 
 or relating to Stamp Duties, and Notes of Decided Cases ; also an 
 Introduction, and an Appendix containing Tables showing the com- 
 parison with the antecedent Law. Second Edition. By Sir Nathaniel 
 Joseph Hiohuobr, Assistant-Solicitor of the Inland Revenue. Demy 
 Svo. 1902. 10«. 6d. 
 
 " The recitgnized work on the subject." — Law (Juarterln Heuieto. 
 
 "This edition, like the former one, will be found of the Kreatest use by 
 solicitors, ollicers of companies, and men of business." — Law Journal. 
 
 " A very comprehensive volume, tullilling' every requirement." — Justice of 
 the Peace. 
 
 '* Mr. Highmore's ' Stamp Laws' leaves nothing undone." — The Civilian. 
 
 STATUTES) and vxde " Acts of Parliament." 
 
 Chitty's Statutes.— The Statutes of Practical Utility, from the 
 earliest times to 1894, with Supplemental Volumes to 1907 inclusive. 
 Arranged in Alphabetical and Chronological Order: with Notes and 
 Indexes. Fifth Edition. By J. M. Lely, Esq., Barrister-at-Law. 
 Royal 8vo. Ih Volumes. 1894-1907. 17/. 17«. 
 
 Supplementary Volume, 1895 to 1901. Consolidated with 
 Index. May be had separately. 2/. 2«. 
 
 Supplementary Volume, 1902 to 1907. With Index. Maybe 
 had separately. 2/. 'Is. 
 
 " To those who already possess ' Chitty's Statutes ' this new volume is 
 
 indispensable." — Law Xotes. 
 
 Annual Supplements. Separately: — 1895, .i*. 1896,10*. 1897, 5«. 
 
 1898, 7.>i. 6rf. 1899, 7*. 6(i. 19U0, 7*. 6rf. 1901, 7'. 6rf. 1902, 7«. 6rf. 
 
 1903, 7s. 6<^. 1904, 7'<. 6c/. 1905, 7*. 6rf. 1906, 7.«. 6(/. 1907, 10«. Crf. 
 
 ••It is a book which no public library fiboald be wittioat." — 
 Spectator. 
 
 "A work of permanent value to the practiiiiig lawyer." — Solietlori' 
 Jourtial. 
 
 " Indispensable in the library of every lawyer." — Saturday Review. 
 
 ■'To all concerned with the laws of England, Chitty's Statutes oi 
 Practical Utility are of essential importance, whilst to the practising 
 lawyer they are an absolute necessity." — Law Times. 
 
 "The lawyer's Bible is the 'Statutes of Practical Utility'— that 
 they are his working tools, even more than accredited text-books or 
 'authorised reports.' More than one judge has been heard to say 
 that with the 'Statutes of Practical Utility' at his elbow on the 
 bench he was apprehensive of no difficulties which might arise." — 
 7'he Ttmei. 
 
 STATUTE LAW.— Wilberforce on Statute Law. The Prinoiplee 
 which govern the Construction and Operation of Statutes. By E. 
 WiLBEEFOBOK, Esq., a Ma«ter of the Supremo Court. 1881. 18«. 
 
 • * All Htoftdard Law U^urkn art kepi in ^Uiek, *n law ealf and other bindings. 
 
84 STEVENS AND SONS, LIMITED, 
 
 STOCK EXCHANGE.— Schwabe and Branson's Treatise 
 on the Laws of the Stock Exchange. — By Waltee S. Schwabb 
 and G. A, H. Branson, Esqrs., Bamsters-at-Law. Demy 8vo. 
 1905. 12«. 6d. 
 
 "This book grives a clear and comprehensive account of the constitution of 
 the London Stock Exchange and of the nature of Stock Exchange transactions, 
 as well as of the legal rules applicable in respect thereof ."—Low Quarterly Review. 
 
 "A clear and practical account of the method in which the business of the 
 Stock Exchange is conducted, and of the law relating thereto."— Law Times. 
 
 " The best guide we know to the nature of Stock Exchange transactions."— 
 The Spectator. 
 
 " That the treatise will be acceptable to lawyers and laymen alike we have no 
 doubt. We have satisfied ourselves that the legal portion is a sound, and in all 
 respects satisfactory, piece of work." — Law Journal. 
 
 SUCCESSION.— Holdsworth and Vickers' Law of Succes- 
 sion, Testamentary and Intestate. DemySvo. 1899. \Qs.M. 
 
 SUMMARY CONVICTIONS.— Paley's Law and Practice of 
 Summary Convictions under the Summary Jurisdiction Acts, 
 1848 — 1899; including Proceedings Preliminary and Subse- 
 quent to Convictions, and the Responsibility of Convicting 
 Magistrates and their Officers, with the Summary Jurisdic- 
 tion Rules, 1886, and Forms.— Eighth Edition. By W. H. 
 Maonamaba, Esq., a Master of the Supreme Court, and Ralph 
 Neville, Esq., Barrister-at-Law. Demy 8vo. 1904. \L 5«. 
 
 TAXPAYERS' GUIDES.— r«2e ♦•House," "Income," and 
 " Land Tax." 
 
 THEATRES AND MUSIC HALLS.-Geary's Law of 
 
 Theatres and Music Halls, including Contracts and Precedents 
 of Contracts, — By W. N. M. Geabt, J.P. With Historical Introduc- 
 tion. By Jameb Williams, Esq., Barrister-at-Law. 8vo. 1885. hn. 
 
 TITLE.— Jackson and Gosset. — ri<^ " Investigation of Title." 
 
 TORTS. — Addison on Torts. — A Treatise on the Law of Torts ; or 
 Wrongs and their Remedies. Eighth Edition. By William Edwaed 
 GOEDON, Esq., and Waltee Hussey Geiffith, Esq., Barrister s- at - 
 Law. Royal 8vo. 1906. U. 18«. 
 
 "As a praeticsl guide to the sta'utorv and case law of torts the preseit 
 edition •will b«- founo very reliaole and complete "—Solicitors' Jonrnnl. 
 
 " ' Addison on Torts ' is ess' ntially t" e rractitioner's text-book. The learned 
 editors have done thfir work exceeding y well, and the eighth edition of 
 'Addison' will no doubt enjoy the favour of the legal profession in as hii<h a 
 degree as any of its predecessors." — Law Journal. 
 
 "The eighth e-lition is the most important that has been if sued of late years, 
 mainly because it supplies a want that has been -widely felt in regard to negli- 
 gence and illfgal distress. Chapter I. ha-i been entirely recast, and numerous 
 changes will I e foimd throughout the text. It is but natural that this edition 
 should be larger than v s predecessors, but this increase is fully justified in every 
 way." — Law Times. 
 
 Bigelow's Law of Torts. — By Mblvillb M. Bigblow, Ph.D. 
 
 Harvard. Second Edition, DemySvo. 1903. 12«. 6rf. 
 
 Kenny's Selection of Cases Illustrative of the English Law of 
 
 Torts. — By C. S. Kenny, LL.D., Barrister-at-Law. Demy 8vo. 
 
 1904. Net, 12«. Qd. 
 
 •^* All standard Law Works are kept in Stock, in law calf and other bindinffs. 
 
119 & 120, CHANCERY LANE, LONDON, W.C. 35 
 
 TORTS — continued. 
 
 Pollock's Law of Torts : a Treatise on the Principles of Obligations 
 arising from Civil Wrongs in the Common Law. Eighth Edition. 
 By Sir Fbkdbeick Pollock, Bart., Bamster-at-Law. Author of 
 "Principles of Contract," " A Digest of the Law of Partnership," 
 &c. Demy 8vo. 1908. 1^. 5s. 
 
 " Concise, logrically arranged, and accurate." — Law Times. 
 
 " Incomparably the best work that has been written on the subject."— 
 Literature. 
 
 "A book which is well worthy to stand beside the companion volume <>d 
 'Contracts.' Unlike so many law-books, especially on this subject, it is no mere 
 dig^t of cases, but bears the impress of the mind of the writer from befpnning 
 to end." — Law Journal. 
 
 Radcliffe and Miles' Cases Illustrating the Principles of the 
 Law of Torts. — By Francis R. Y. Radcliffe, Esq., K.C., and 
 J.C.MiLES, Esq., Barrister- at-Law. DemySvo. 1904. Net, Vis. Qd. 
 
 TRADE MARKS. — Sebastian on the Law of Trade Marks and 
 their Registration, and matters connected therewith, including a 
 chapter on Goodwill ; the Patents, Designs and Trade Marks Acts, 
 1883-8, and the Trade Marks Rules and Instructions thereunder ; 
 with Forms and Precedents; the Merchandize Marks Acts, 1887-94, 
 and other Statutory Enactments ; the United States Statutes, 1870-82, 
 and the Rules and Forms thereunder ; and the Treaty with the United 
 States, 1877. By Lewis Botd Sebastian, Esq., Barrister- at- Law. 
 Fourth Edition. By the Author and Habbt Baied HsiofiNa, Esq., 
 Barrister-at-Law. Royal 8vo. 1899. \l. 10«. 
 
 " Stands alone as an authority upon the law of trade-marks and their regis- 
 tration." — Law Journal. 
 
 " It is rarely we come across a law book which embodies the results of 3reart< 
 of careful investigation and practical experience in a branch of law, or that 
 can be unhesitatingly appealed to as a steuidard authority. This is what can b« 
 said of Mr. Sebastian's book." — Solicitors' Journal. 
 
 Sebastian's Law of Trade Mark Registration under the Trade 
 Marks Act, 1905.— By Lewis Botb Sebastian, Esq., Barrister- 
 at-Law. Royal 8vo. 1906. 7*. 6d. 
 
 "Mr. Sebastian has written a brief, though instructive. Introduction to the 
 Act of 1905, which has consolidated and amended the law relating to the Regis- 
 tration of Trade Marks, and his notes are clear and adequate." — /.aw Journal. 
 
 Sebastian's Digest of Cases of Trade Mark, Trade Name, 
 
 Trade Secret, Goodwill, Ac, decided in the Courts of the United 
 
 Kingdom, India, the Colonies, and the United States of America. 
 
 By Lewis Boyd Sebastian, Esq., Barrister-at-Law. 8vo. 1879. II. U. 
 
 " Will be of very great value to all practitionen* who have to advise on matters 
 connected with trade marks." — Solicitors' Journal. 
 
 TRADE UNIONS. — Assinder's Legal Position of Trade 
 
 Unions. By G. F. Assindeb, Esq., Barrister-at-Law. Demy 
 
 12mo. 1905. Net, 2». 6rf. 
 
 " In this little work Mr. Assinder has with great clearness and ability sketched 
 
 the legal position of trade unions." — f^aw Journal. 
 
 Draper's Trade Unions and the Law.— By Wae wick H. Dbafbb, 
 
 Esq., Barrister-at-Law. Demy 8vo. 1906. Net, 6rf. 
 
 Pennants Trade Unions and the Law.— By D. F. Pennant, Esq., 
 
 Barrister-at-Law. Royal 12m >. 19:)6. 6». 
 
 *^* All standard Law Works are kept in Stock, in law ealf and other bindings. 
 
36 STEVENS AND SONS, LIMITED, 
 
 TRAM Vf AYS.— Robertson's Law of Tramways and Light Rail- 
 ways in Great Britain (3rd Editiou of Sutton's " Tramway Acts 
 of the United Kingdom ") : comprising the Statutes relating to Tram- 
 ways and Light Railways in England and Scotland, with full 
 Notes ; the Tramways and Light Railways Rules ; the Regulations, 
 By-Laws and Memoranda issued by the Board of Trade ; the 
 Standing Orders of Parliament ; the General Orders under the 
 Private Legislation Procedure (Scotland) Act, 1899; and Disser- 
 tations on Locus Standi and Rating. By G. Stxjaet Robeetson, 
 M.A., Esq., Barrister-at-Law. Royal 8vo. 1903. U. 6«. 
 
 TRANSVAAL. — The Statute Law of the Transvaal. Translated. 
 
 Royal 8vo. 1901. 21. 2s. 
 
 Transvaal Proclamations, 1900—1902. Revised. 1904. 8vo. 1/. 5s. 
 
 TRUSTEES (Corporate). — Alien's Law of Corporate Exe- 
 cutors and Trustees, By Eenest King Allen, Esq., Barrister- 
 at-Law. Demy 8vo. 1906. 6s. 
 
 TRUSTS AND TRUSTEES.— Ellis' Trustee Acts, including 
 a Guide for Trustees to Investments. By Aethtje Lee Ellis, Esq., 
 Barrister-at-Law. Sixth Edition. By L. W. Byene, Esq., Barrister- 
 at-Law. Roy. 12mo. 1903. 6». 
 Godefroi's Law Relating to Trusts and Trustees, — By the late 
 Henet Godefeoi, of Lincoln's Inn, Esq., Barrister-at-Law. Third 
 Edition. By Whitmoee L. Richaeds and James I. Stieling, Esqrs., 
 Barristers-at-Law. Royal 8vo. 1907. II. 18s. 
 
 " There is the same scrupulous attpnti< n to every detail of trustees' riphts and 
 dutits, the ^ame ciitital analysis of all thenuanees of tiusts and other eqxiitahle 
 iitt rests, the same careful compariscn of all the decisions — sometimes apparently 
 conflicting — on the different branches of this complicated fcubject, which made 
 pi evious editions so useful tveii to the expeil." — Laiv Journal. 
 
 VENDORS AND PURCHASERS.— Darts Vendors and 
 
 Pu rchasers, — A Treatise on the Law and Practice relating to Vendors 
 and Purchasers of Real Estate. By the late J. Heney Daet, Esq. 
 Seventh Edition. By Benjamin L. Cheeey, one of the Editors of 
 " Prideaux's Precedents in Conveyancing," G. E. Tyeeell, Aethtje 
 Dickson and Isaac Maeshall, assisted by L. H. Elphinstone, Esqrs., 
 Barristers-at-Law. 2 vols. Royal 8 vo. 1905. 3^. 15s. 
 
 " There are traces throughout the book of an unstinted expendittire of skill 
 and labour in the preparation of this editicn which will maintain the position of 
 the book as the foremost authority." — Law Quarterly Ee.vitw. 
 
 " The work remains a great conveyancing classic." — Lnw Journal. 
 
 " To the young and to th( staid practitioner having any pretensions to con- 
 veyancing work, we unhesitatingly say, Procure a copy at once." — Lav Students' 
 Journnl. 
 
 " This work is a classic, and quite beyond our criticism. All we can do is to let 
 our readers know, and to advise them to put a copy on their shelves without 
 delay." — Law Notes. 
 
 Farrer's Precedents of Conditions of Sale of Real Estate, Re- 
 versions, Policies, &c, i with exhaustive Footnotes, Introductory 
 Chapters, and Appendices. — By Feedeeick Edwaed Faeeee, Esq., 
 Barrister-at-Law. Royal 8vo. 1902. 16s. 
 
 " Mr. Farrer has written a rare thing — a new book which will be of real value 
 in a conveyancer's library." — Lau- Journal. 
 
 " The notes are essentially practical."— Lato Times. 
 
 Turner's Duties of Solicitor to Client as to Sales, Purchases, and 
 
 Mortgages of Land, — Second Editiou. By W L. Hacon, Esq., 
 
 Barrister-at-Law. Demy 8vo. 1893. lOs. &d. 
 
 *,* All standard Law Work» are kept in Stock, in law calf and other bindtnyt. 
 
119 & 120, CHANCERY LANE, LONDON, "W.C. 37 
 
 VENDORS AND PURCHASERS-(;on^tm<^. 
 
 Webster's Law Relating to Particulars and Conditions of Sale 
 
 on a Sale of Land. — Third Edition. By W. F. Wkbstbb, Esq., 
 
 Barrister-at-Law. Roy. 8vo. 15J07. 11. 5s. 
 
 '• Conveyancers will assuredly find this volume of much value."— iato THmea. 
 
 AVAR, DECLARATION OF. -Owen's Declaration of War.— 
 A Survey of the Position of Bellia-ereutf atid Neuirals. with relative 
 . considerations of Shipping and Marine Li uran< o durinsr War. By 
 Douglas Owen, Esq., Barrister-at-Law. D«!ivy -ivi. 1889. II. I*. 
 Owen's Maritime Warfare and Merchant Shipping. —A Summary 
 of the Rights of Capture at Sea By Dooola=i Owkn, Esq., Bar- 
 rister-at-Law. Demy 8vo. 1898. Mt, 2». 
 
 WATER.— Bartley's Metropolis Water Act, 1902.— By Douglas 
 C. Baetley, Esq., Barrister-at-Law, Author of " Adulteration of 
 Food." Royal r2mo. 1903. 6*. 
 
 VAEIGHTS AND MEASURES.-Bousfield's Weights and 
 Measures Acts, 1878 to 1904. With the Board of Trade Regu- 
 lations and other Statutes relating thereto. By W. Eeic Bous- 
 FiELD, Esq., Barrister-at-Law, with a Preface by W. R. Bousfikld, 
 Esq., K.C. Demy 8vo. 1907. 6«. 
 
 WILLS.— Theobald's Concise Treatise on the Law of Wills.— 
 Seventh Edition. By H. S. Theobald, Esq., <me of His Majesty's 
 Counsel. Royal 8vo. 1908. 1/. l"5,». 
 
 " Indispensable to the conv^yancing practitioner." — Law Times. 
 
 " Comprehensive thoug-h easy to use, and we advise all cunveyancers to (yet a 
 copy of it without loss of time." — Lair Journal. 
 
 " Of great ability and value. It bears on every pa^e traces of care and sound 
 judgment." — Solicitors' Journal. 
 
 Weaver's Precedents of Wills. — A Collection of Concise Precedents 
 of Wills, with Introduction and Notes. Second Edition. By 
 Chaeles Weavee, B.A., Solicitor. Demy 8vo. 1904. 5s. 
 
 " The notf«, like the forms, are clear and, so far as we have tested them, aeon- 
 rate . . . cantio' fail to be of service to the yoimg practitioner." Law JHmes. 
 
 ^VINDING UP. -Palmer's.— Ftrfe "Company Law." 
 
 Pellerin. — I'idc "French Law." 
 WORKMEN'S COMPENSATION. - Fide >• Employers' 
 Liability." 
 
 Knowles' Law Relating to Compensation for Injuries to Work- 
 men.— Being an Exposition of the Workmen's Compensation Act, 
 1906, and of the Case Law relevant thereto. Second Edition, including 
 the Workmen's Compensation Rules and Forms, 1907, annotated, 
 together with all the Treasury Regulations and Orders made under 
 the Act by the Home Office, Treasury, and Chief Registrar of 
 Friendly Societies. By C. M. Knowles, E.sq., Barrister-at-Law. 
 Demy 8vo. 1907. iNX, 8s. 
 
 " There is an excellent introduction, and the various sections of the Act are 
 fully annoted. "The book is a timeiy one, and should be appreciated by both 
 branchca of the legal proffssi n." - Law Times. 
 
 " Mr. Knowles has pro<luned an able commentary on the Act." — Law Journal. 
 
 "The subject is treated in a satisfactory way." — Solicitors' Journal. 
 
 Robertson and Glegg's Digest of Cases under the Workmen's 
 
 Compensation Acts. Royal 8vo. 1902. iVW, 10». 
 
 WRONGS. Ad<iisor<. Bigelow, Kenny, Pollock, Radcliffe and 
 
 Miles, rirf« "Torts." 
 
 YORKSHIRE REGISTRIES.— Haworth's Yorkshire Regis- 
 tries Acts, 1884 and 1885.— With Forms, Rules and IVactical 
 Notes ou the Registration of D(x;umeuts. By Chaelbs J. Hawoeth, 
 Solicitor. Royal limo, 1907. J^et, 6«. 
 
 •,• All standard Law Works are ke^pt in Stock, in law calf and other bindings. 
 
 STEVENS AND SONS, Lo., 110 & I'iO. CHANCEBT LANE, LONDON. 
 
THE 
 
 LAW QUARTERLY REVIEW. 
 
 EDITED BY 
 
 Sir FREDERICK POLLOCK, Bart., M.A., LL.D., 
 
 Corpus Professor of Jurisprudence in the University of Oxford, 
 late Professor of Common Laiv in the Inns of Court. 
 
 Vols. I. to XXIII. ; with GENERAL INDICES for the Vols. I. to XV. 
 Royal 8vo. 1885—1907. Price, each, 12s., cloth lettered. 
 
 %* Annual Subscription, net 13s. 6d., postage free. 
 Single numbers, 5s. each. 
 
 The objects of the Review Include — 
 
 The discussion of current decisions of importance in the Courts of this 
 country, and (so far as practicable) of the Colonies, the United States, 
 British India, and other British Possessions where the Common Law is 
 administered. 
 
 The consideration of topics of proposed legislation before Parliament. 
 
 The treatment of questions of immediate political and social interest in 
 their legal aspect. 
 
 Inquiries into the history and antiquities of our own and other systems 
 of law and legal institutions. 
 
 Endeavour is also made to take account of the legal science and legisla- 
 tion of Continental States in so far as they bear on general jurisprudence, 
 or may throw light by comparison upon problems of English or American 
 legislation. 
 
 The current legal literature of our own country receives careful atten- 
 tion ; and works of serious importance, both English and foreign, are 
 occasionally discussed at length. 
 
 "A little criticism, a few quotations, and a- batch of anecdotes, afford a sauce that 
 makes even a quarter's law reporting amusing reading." — Law Journal. 
 
 " The greatest of legal quarterly reviews .... the series of ' notes,' always so 
 entertaining and illustrative, not merely of the learning of the accomplished jurist 
 (the editor), but of the grace of language with which such learning can be unfolded." 
 
 — Law Journal. 
 
 STEVENS & SONS, Ltd., 119 & 120, Gbancery Lane, London. 
 
The Law Journal Eeports. 
 
 Edited by JOHN MEWS, Esq., Barrisfer-at-Law. 
 
 "All reports made by gentlemen of the Bar, and published on 
 their responsibility, are equally regular. There is no superiority 
 in the reports of the Council of Law Reporting. Counsel are as 
 much entitled to cite the one as the other." 
 
 Thk Mastkb op the Rolls. Titnes L. M., May 21, 1887. 
 
 Extract from Preface to "Benjamin on Sales," bth Edition, 1906. 
 " The Editors wish to bear testimony to the sustained excellence of the Law Joiimal 
 Reports, which they have consulted in all cases of diflBculty, and upon which alone in 
 some instances the statement of a case has been based. These Reports have been 
 especially valuable in disclosing the dintinction between similar cases, or the particular 
 ground on which a decision was rested — matters which have been much facilitated by 
 the practice of setting out the pleadings at length. Reference to these Reports has 
 not unfrequently been the means of clearing up obscurities which the other Reports 
 had failed to dispel." 
 
 Advantages of Subscribing to tliese Reports : 
 
 RoferencGSm 
 
 References to these Repoets are to be found in the principal Law Text Books. 
 Simplicity of Arrangementm 
 
 There is only One Volume in the year for each Division of the Courts. The 
 Law Jouenal Rkpokts and Statutes for each year may be conveniently bound in 
 three vols. The system of citation has not been materially altered for 79 years. 
 
 Early Pubticationm 
 
 Under the New Management all important Cases are reported promptly. 
 
 Revision by Judgesm 
 
 Nearly all the Judges revise the reports of their judgments. 
 
 Digestm 
 
 Mews' Annual Digest of all Reported Decisions of the Superior Courts (iasued 
 Quarterly, price 178.) is supplied to Subsoribern at the reduced rate 
 of 6s. per annum. 
 
 Moderate Pricem 
 
 Annual Subscription, with the Statutes (officially printed by the King's Printers), 
 is only £3 : 48. per annum ; or bound in 3 vols., half-calf, £3 : 198* 
 
 Thin Paper Editionm 
 
 Forming One handy Volume per annum, £3 : 48., or in half-oalf, 
 £3 : 98., or without the Statutes, £3, bound in half-calf, £3 : 58. 
 
 Weekly Newspaper, 
 
 Subgcribcrs have the additional advantage of obtaining, for a further Subscrip- 
 tion of £ I per annum, the Law Jouenal Nkwspapbb. 
 
 %* Remittances to be made payable to Stevens and Sons, Limited. 
 
 Publishing Office: 119 k 120, Chancery Lane, London. 
 
PREPARING FOR PUBLICATION, 
 
 Arnould on the Law of Marine Insurance. — Eighth Edition. By 
 Edwaed Louis de Haiit and Ralph Iliff Simey, Esqrs., Barristers- 
 at-Law. . [In preparation.) 
 
 Beat's Cardinal Rules of Legal Interpretation,— Second Edition. 
 Collected and Arranged by Edward Beal, Esq., Barrister-at-Law. 
 
 [In the press.) 
 
 Blackburn on Sales. — A Treatise on the Effect of the Contract of Sale on 
 
 the Legal Rights of Property and Possession in Goods, AVarea, and 
 
 Merchandise. By Lord Blackburn. Third Edition. By William 
 
 •Norman Raeburn, Esq., Barnster-at-Law. {In preparation.) 
 
 Surge's Colonial Law. Commentaries on Colonial and Foreign 
 Laws generally and in their Conflict with each other. — A 
 new Edition. By A. Wood Renton, Esq., Puisne Judge, Ceylon, 
 and (t. 6. PhillimoUe, Esq., Barrister-at-Law. In 5 vols. Royal 
 8vo. . . ' [Vol. II. in the press.) 
 
 *^* Full prospectus sent on application. 
 
 Decennial Digest (The). — Being a consolidation of Mews' Annua 
 Digest of Cases from 1898 to 1907, inclusive. By Edward Manson, 
 Esq., Barrister-at-Law. (In the press.) 
 
 Dicey's Digest of the Law of England with reference to the 
 Conflict of Laws.— Second Edition. By A. V. Dicey, Esq., K.C., 
 B.C.L. (In the press.) 
 
 English Reports. — A complete Re-issue of all the Decisions prior to 1866 
 in about 150 Volumes. Sixth Series. King's Bench and Queen's 
 Bench. {Now publishing.) 
 
 *^* Full prospectus on application. 
 
 Freeth's Acts relating to the Estate Duty and other Death Duties, 
 including the Finance Act, 1907. — Fourth Edition. By Evelyn 
 Freeth, Esq., Secretary of the Estate Duty Office, assisted by Charles 
 Robert Elliott, Esq., of the Estate Luty Office. {In the press.) 
 
 Fuller's Law relating to Friendly Societies. — Third Edition. By 
 FnANK Baden Fuller, Esq , Barrister-at-Law. {In preparation.) 
 
 Hood and Chaliis' Conveyancing and Settled Land Acts, and 
 some other recent Acts attecting' Conveyancing. With Commentaries. 
 By H. J. Hood and H. W. Challis. Seventh Edition. By Perot 
 F. Wheeler, Esq., Barrister-at-Law. {In preparation.) 
 
 Ingpen's Concise Treatise on the Law relating to Executors and 
 Administrators. — By Arthur Robert Ingpen, Esq., one of His 
 Majesty's Counsel. {In the press.) 
 
 Lush's Law of Husband and Wife.— Third Edition. By W. Husset 
 Griffith, Esq., Barrister-at-Law. {In preparation.) 
 
 Macdonell's Law of Master and Servant.— Second Edition. By Sir 
 John Macdonkll, LL.D., C.B.. a Master of the Supreme Court, and 
 Edward A. Mitchell Innes, Esq., K.C. {In the press.) 
 
 Macnamara's Law of Carriers of Merchandise and Passengers by 
 Land. — Second Edition. By Walter Henry Macnamara, Esq., a 
 Master of the Supreme Court, Registrar to the Railway Commission, 
 and W. A. Robertson, Esq., Barrister-at-Law. {Nearly ready.) 
 
 Magistrate's General Practice for 1909.— A Compendium of the 
 Law and Practice relating to Matters occupying the attention of 
 Courts of Summary JuiisHiction. Rewritten and considerably 
 enlarged. By Charles Milner Atkinson, Esq., Stipendiary Magis- 
 trate for the City of Leeds. {Ready in November.) 
 
 Warburton's Selection of Leading Cases in the Criminal Law. 
 With Notes. Fourth Edition. By Henry Warburton, Esq., 
 Barrister-at-Law. {Nearly ready.) 
 
 STEVENS AND SONS, Ld., 119 & 120, CHANCERY LANE, LONDON. 
 
• STEVENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE, LONDON. * 
 
 Bullen and Leake's Precedents of Pleadings in Actions 
 
 in the King's Bench Division of the High Court of Justice. With Notes. Sixth 
 EHition. Wy CYKIL DODD, K;C., and T. WILLES CHITTY, Barrister-at-Law, 
 a Master of the Supreme Court. £oyal%vo. 1905. Price 11. l^s. cloth. 
 
 Smith's Compendium of Mercantile Law. — Eleventh Edit. 
 
 By EDWARD LOUIS DE HARJ and RALPH ILIFF SIMEY, Barristers- at- 
 Law. Two J'ols. lioi/al 8vo. 1905. Price 21. 2s. cloth. 
 
 Dart's Vendors and Purchasers. — Seventh Edition. By 
 
 BENJAMIN L. CHERRY, G. E. TYRRELL, ARTHUR DICKSON and ISAAC 
 MARSHALL, assisted by L. H. ELPHINSTUNE, Barristers-at-Law. Two Vols. 
 Royal 8vo. 1905. Trice Zl. 15*. cloth. 
 
 Prideaux's Precedents in Conveyancing. — With Disserta- 
 tions on its Law and Practice. Nineteenth Edition. By JOHN WHITCOMBE and 
 BENJAMIN LfciKNAKD CHERRY, Barristers-at-Law. Two Vols. Royal 8to. 
 1904. Trtce Zl. lOs. cloth. . 
 
 Brickdale and Sheldon's Land Transfer Acts. — By 
 
 C. FORTESCUE BRICKDALE, Registrar at the Land Registry, and W. It. 
 SHELDON, Barristers-at-Law. Second Edition. Royal 8vo. 1905. Trice 25s. cloth. 
 
 Palmer's Company Precedents. — For use in relation to 
 
 Companies subject to the Companies Acts. 
 
 Paet I.: GENERAL FORMS. Mnth Edition. By Sir FRANCIS BEAUFORT 
 PALMER, Bencher of tlie Inner Temple, assisted by the Hon. C. MACNAQHTEN, 
 K.C., and FRANK EVANS, HaiTister-ai-Law. Royal 8vo. 1906. Price Zf\s. cloth. 
 
 Pabt II. : WiypIIfG-TJP FORMS AKD PRACTICB. Kinth Edition. By Sir FRANCIS 
 BEAUFoRT PALMKK, Beiiclier of the Inner Tetople, assisted by FRANK 
 EVANS, Barrister-at-Law. Royal ?>i)<>. iy04. Prire 3'i.s. cioth. 
 
 Paet III. : DEBENTTJRFS AND PEBENTPRE STOCK . Tenth Edition. By Sir FRANCIS 
 BEAUFuRT PALMER, Bencher of the Inner Temple. Royal 8vo. 1907. Price 
 2bs. cloth. 
 
 Palmer's Companies Act, 1S07, and the Limited Partner- 
 ships Act, 1907. —With Explanatory Notes. By Sir FhANCIS BEAUFORT 
 PALMER, Bencher of the Inner Temple. Royal Sfo. 1908. Pnce Gs. cloth. 
 
 Palmer's Company Law. — A Practical Handbook for 
 
 Lawyers and Business Men. With an Appendix containing the Companies Acts, 
 1862 to 1900, and Rules. Eifth Edition. By Sir FRANCIS BEAUFORT PALMER, 
 Bencher of the Inner Temple. Royal 8vo. 1905. Price 12s. 6d. cloth. 
 
 Powles and Oakley on Probate. — Fourth Edition. With a 
 
 full collection of Forma. Part I. : The Law. By L. D. POWLES, Barrister-at-Law, 
 District Probate Registrar for Norwich. Part II. : The Practice. Contentious 
 Practice. By W. M. F. WATERTOX, Barrister-at-Law, of the Probate Registry, 
 Somerset House. Non-Contentiotis Practice. By E. LuVELL MANSBRIDGE, 
 of the Probate Registry, Somerset House. J>emy 8vo. 1906. Price \l. 10s. cloth. 
 
 Harris' Hints on Advocacy. — By Richard Haeris, K.C. 
 
 Thirteenth Edition. Royal \2mo. 1906. Price Is. 6d. cloth. 
 
 Pollock's Digest of the Law of Partnership. — With an 
 
 Appendix of Forms. Eic/hth Edition. W'ith an Appendix on the Limited Partner- 
 ships Act, 1907, and Rules. By Sir FREDERICK POLLOCK, Bart., Bairister-at- 
 Law. Jjtmy 8vo. 1908. Price 10s. cloth. 
 
 Odgers' Principles of Pleading and Practice. — Sixth 
 
 Edition. By W. BLAKE ODGERS, LL.D., K.C, Recorder of Plymouth, Author 
 of '"A Digest of the Law of Libel and Slander." Jjemy ^v). 1906. Price 12s. >5d. 
 cloth. 
 
 Eustace's Practical Hints on Pleading. — By Alex. Ander- 
 son EUSTACE, Barrister-at-Law. Uemy tvo. 1907. Price bs. cloth. 
 
 Chambers' Handbook for Public Meetings. — Third Edit. 
 
 By GEO. F. CHAMBERS, Barrister-at-Law. Rotjal Umo. 1907. Price, net. 
 
 XX\^ ANGELES 
 
C^ STETENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE, LONDON. 
 
 THE GREATEST Wl ■^«^s;:^'SSliSmmmm ''URE, 
 
 KING'S BENCH IfflMB— «i----^^-" -3 
 
 THE ENGLISH REPORTS, 
 
 1378 to 1865. 
 
 FULL VERBATIM REPRINT ANNOTATED. 
 
 CONSULTA TIVE COMMITTEE : ^^..^^ Britain ; 
 
 The Right Hon. The Eael of Halsbtjey, latery Lord High Chancellor of 
 The Right Hon. Lord Alvekstonk, Lord Chief Justice of England ; 
 The Right Hon. Lord Collins, a Lord of Appeal in Ordinary ; 
 Sir R. B. FiNLAY, K.C., lately Attorney-General. 
 
 Following on the complete re-issue in 71 volumes of the House of Lords, Privy 
 Council, Chancery. Rolls Court and Vice-Chancellors Reports, the KING'S BENCH 
 SERIES is now in course of publication, and mny he sxibscrihed for separately. 
 
 This series is perhaps the most important of all the reports prior to 1865. A 
 complete set of the originals from Bellewe, 1378-1400, down to and including Best 
 and Smith, 1861- 18GG, with all the collateral reporters, extends to no fewer than 
 250 volumes of all sizes and styles of printing. These are very costly, and would 
 almost require a separate room for their accommodation. Subscribers will have 
 the privilege of pos.«es«ing a complete annotated reprint of all of these invaluable 
 reports in about 40 uniform volumes in a modem and much more legible style of 
 type, at a cost of 30s. per volume. 
 
 The reports will be reprinted in strictly chroiiological order, and as the original 
 pagination and machinery of reference will be maintained, references from text-books 
 and digests will be found even more easily than in the originals. 
 
 NOW ISSUED. 
 
 HOUSE OF LORDS (1694 to 1866), complete In 
 11 vols, royal t>vo. Price net, half bound, £22. 
 
 PRIVY COUNCIL (including Indian Appeals) (1809 to 
 1872;, complete in y vols. Price net, half bound, £13 : 10s. 
 
 CHANCERY (including Collateral Reports) (1557 to 
 1866), conipleie in 27 vols. Price net, half bound, £40 : 10s. 
 
 ROLLS COURT (1829 to 1866), complete in 8 vols. 
 Price /jer, hall- bound, £12. 
 
 VICE-CHANCELLORS (1815 to 1865), complete in 
 16 vols. Price ner, half bound, £24. 
 
 The Volumes are not sold separately. 
 
 Full particulars sent on application to — 
 
 ^ Steven s & Sons, Ld., 1 1 9 & 120, Chancery Lane, Lo ndon. ^ 
 
 *0* A large stock of Second- hand Law Reports and Text 'books on Sale, 
 { 4)