MODEL BYE-LAWS OF THE LOCAL GOVERNMENT BOARD MACKENZIE & HANDFORD. VOL I. SHAW & SONS' NEW SERIES NOTICED SURVEY! The Erection of I Competei No. 1. Register o No. 2. Notice of various 1 to the Si No. 1.- No. 2.- OF UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY NOIL drawn by a aws. juire 8s. 6d, the llder eady No. 3. Notice that the Drains are Completed and are ready for Inspection. N O , 4. Notice of Completion of Building. Bound and perforated ... in books of 50 7s. 6d. No. 3, Certificate of Completion, and that House is fit for Human Habitation in books of 50 4s. 6d. No. 4. Certificate as to Drainage ... in books of 50 4s. 6d. SHAW & SONS, 6, 7, 8 & 9, FETTER LANE, E.G. RECENT PUBLICATIONS, MACMORRAN'S LOCAL GOVERNMENT ACT, 1894. With an Introduction, copious Notes, Appendix and Index. Third Edition. By ALEXANDER MACMORRAN, Esq., Q.C., M.A., Editor of " Lumley's Public Health," one of the Editors of the "Justice of the Peace," &c., of the Middle Temple, and T. R. COLQUHOUN DILL, Esq., B.A., of the Inner Temple, Barrister-at-Law. Price 155. ; for Cash, post free, I2S. 6d. HUNT'S BOUNDARIES AND FENCES. The Law of Boundaries and Fences generally, and in relation also to the Sea Shore, and to Public and Private Rivers, Lakes and Sewers, Private Properties, Encroach- ments and Inclosures ; Railways, Canals, &c. ; Mines ; Highways, &c. ; Party-walls; Parishes ; Church Lands ; Counties and Local Government Districts ; together with the Rules of Evidence applicable thereto, and the Remedies (by action or otherwise) for the Injuries arising from the neglect to make or to maintain Fences, and for the wrongful confusion of Boundaries, &c., &c. Fourth Edition. By ARCHIBALD BROWN, Editor of " Scriven on Copyholds," 1896, Barrister-at-Law. Price 145. ; for Cash, post free, us. gd. BROWNE AND ALLAN'S LAW OF COMPENSATION. Being a collection of the Public General Acts relating to Compulsory Purchase of, and interference with, Land, with Notes of all the Cases thereon, and an Appendix of Reports, Forms, and of the Statutory Provisions specially applicable to London. By J. H. BALFOUR BROWNE, Esq., Q.C., and CHARLES E. ALLAN, Esq., M.A., LL.B., Barrister-at-Law. 1896. Price 275. 6d. ; for Cash, with order, post free, 22$. gd. WILL (SHIRESS) ON ELECTRIC LIGHTING. The Law of Electric Lighting. By J. SHIRESS WILL, Q.C. Price 155. ; for Cash, post free, ias. $d. PRATT'S LAW OF HIGHWAYS, MAIN ROADS AND BRIDGES. By J. TIDD PRATT, Q.C. Thirteenth Edition. Entirely re-written and greatly enlarged. By WILLIAM W. MACKENZIE, Esq., M.A., and JAMES WEIR, Esq., M.A., Barristers- at-Law. The first part of this Edition consists of a Treatise on the Law of High- ways, independent of Statute. In the second part the Statutes relating to Highways are classified and fully annotated. 1893. Price i 12$. 6d. ; for Cash, post free, /i 6s. gd. DODD AND ALLAN'S LAW OF LIGHT RAILWAYS. Being a Treatise on the Light Railways Act, 1896, with the Statutes applicable thereto, with Introduction, Notes, Cases, and a full Index. By CYRIL DODD, Q.C., and C. E. ALLAN, M.A., LL B., Barrister-at-Law. 1896. Price 125. 6d. ; for Cash, post free, los. 6d. THE DISTRICT COUNCILLOR'S HANDBOOK. Being a Summary of his Powers and Duties in matters other than the Administra- tion of Poor Law. By J. C. SWINBURNE-HANHAM, of the Middle Temple and Western Circuit, Barrister-at-Law. 1896. Price 55. ; for Cash, with order, 45. 3 n O_JIT T A m T MODEL BYELAWS. MODEL BYELAWS, RULES AND REGULATIONS UNDER, THE PUBLIC HEALTH AND OTHER ACTS, Witb alternative ant) Hfcfcitional Clauses, PEEPAEED AND EDITED BY WILLIAM MACKENZIE, M.A., Barrister-at-Law ; Editor of " Pratt's Law of Highways," etc. AND PERCY HANDFORD, Author of "Parish Councils," etc. IN TWO VOLUMES. VOL. I. CONTAINING THE MODEL BYELAWS OF THE LOCAL GOVERNMENT BOARD, UNDER THE PUBLIC HEALTH AND OTHER ACTS. LONDON : SHAW & SONS, 7 & 8 FETTER LANE, E.G. BUTTERWORTH & CO., 12, BELL YARD, TEMPLE BAR, W.C. Xaw printers an& publisbers. 1899. T Am 9ZZ 1*99 LONDON r PRINTED BY SHAW AND SONS, FETTER LANE AND CRANE COURT, E.C. PREFACE. YEAR after year the annual reports of the Local Government Board bear testimony to the activity of local authorities in making byelaws under the Public Health and other Acts. These byelaws relate to a multiplicity of subjects on which no adequate work of reference is available for the guidance of local authorities. Exhaustive as are the departmental model byelaws in regard to the subjects with which they deal, the adaptation of the various series to the special requirements of particular districts involves much labour. In the absence of any such work of reference, the special object of the model clauses is not in all cases immediately apparent ; but even where the object is sufficiently clear, much time and trouble are often spent, more or less fruitlessly, in devising modifi- cations of the byelaws, or in preparing additional clauses, which would be saved if alternative forms of byelaws were more readily accessible. In the work contained in these volumes, the Editors have utilised a practical experience of a wide and varied character, and extending over many years, in the suggestion of alternative forms of byelaws adapted to the varying conditions of different localities. This is especially important at the present time in view of recent criticisms tending to show that the model byelaws, without modification, are considered to be in some respects un- necessarily stringent, at any rate as regards districts of a rural character. Among other things, suggestions are made for thf framing of building regulations applicable more 11. 806427 VI PREFACE. especially to country districts ; and in all cases both the model clauses and any alternative forms that may be suggested are discussed in ample detail in connection with the decisions of the courts of law. This, however, is but one of the objects which have been held in view in the preparation of this work for the press, not the least value of which, it is hoped, will be found in connection with the enforcement of byelaws based on the model clauses, where these are already in force, or may here- after be adopted by the local authority. The architectural, sanitary, and practical details generally have been supplied by authorities of high standing in these special branches of the subject ; and in addition, a prominent feature has been made of the collation of the reports of decided cases, so arranged under sub-headings as to be easily referred to, whether in the Council Chamber or in the Courts. In the first volume alone, sixteen separate series are discussed and illustrated, the statutory powers collated with the various clauses, and the effect of decided cases pointed out, equal attention being given, e.g., to the regulation of hackney carriages (including " motor cabs"), of public markets, pleasure grounds and pleasure boats, and public bathing, as to matters of more direct sanitary bearing such as the prevention of nuisances, the construction of streets and buildings, and the regulation of lodging-houses. In the case of the byelaws as to streets and buildings the text is illustrated by the addition of an important series of original diagrams. In the second volume eighteen supplementary series of byelaws, rules and regulations under the Public Health and other Acts are given. Some of these are official series prepared by the Local Government Board. Thirteen, however, are original. The collection includes supplementary byelaws as to PREFACE. Vll streets and buildings under the Public Health Acts Amendment H Act, 1890; byelaws as to public slaughter-houses and regula- tions with respect to dairies, cowsheds, and milkshops, matters which the Eeport of the Koyal Commission on Tuberculosis invests with great .importance to the community; series regulating the housing of gipsies and other migratory classes of the population; and clauses with respect to omnibuses, brakes, and tramway carriages. Three further series relate to public recreation ; and the collection likewise includes model clauses with regard to scavenging, public conveniences, cabmen's shelters, and allotments for the labouring classes. Full tables of contents accompany the separate volumes, and indicate more in detail the variety of subjects dealt with. In regard to nearly every one of these, numerous questions of great practical importance continually present themselves, even after the local authority have made byelaws ; and in the case of at least four out of every five of the subjects mentioned, there is not at present any similar work of reference in existence. The Editors take this opportunity of thanking their friends, MR, K. BRUCE Low, M.D., and MR. C. SHAW BOND, M.B., M.K.C.S., D.P.H., for many valuable suggestions on the sani- tary portions of this work, and MR. BROOK TAYLOR KITCHIN for the like suggestions on the architectural portions. W. M. P. H. 9, King's Bench Walk, Temple, E.C. September, 1899. TABLE OF CONTENTS. PAGE PREFACE v TABLE OF STATUTES xiii TABLE OF CASES xxi ADDENDA, Building Regulations in Rural Districts ... ... ... ... xxix Places where the Towns Improvement Clauses Act, 1847, is in force ... ... ... ... ... ... ... ... ... xxxii INTRODUCTION .. 3 SERIES I. SCAVENGING. Memorandum of Local Government Board 17 Model Bvelaws... 20 SERIES II. NUISANCES. Memorandum of Local Government Board 29 Model Bvelaws 31 SERIES III. COMMON LODGING-HOUSES. Memorandum of Local Government Board 49 Model Byelaws 57 SERIES IV. NEW STREETS AND BUILDINGS. Memorandum of Local Government Board 75 Model Byelaws 86 X TABLE OF CONTENTS. SERIES V. MARKETS. PAGE Memorandum of Local Government Board ... ... ... ... ... 215 Model Byelaws... 227 SERIES VI. SLAUGHTER-HOUSES. Memorandum of Local Government Board 241 Model Byelaws 247 SERIES VII. HACKNEY CARRIAGES. Memorandum of Local Government Board 265 Model Bvelaws... 272 SERIES VIII. PUBLIC BATHING (WITH BATHING MACHINES). Memorandum of Local Government Board 295 Model Byelaws 299 SERIES IX. PUBLIC BATHS AND WASHHOUSES, AND AN OPEN BATHING PLACE ; DUTIES OF OFFICERS. Memorandum of Local Government Board 311 Model Byelaws - (i.) Management, etc., of Public Baths 317 (ii.) Management, etc., of Public Washhouses 323 (iii.) Management, etc., of an Open Bathing Place 328 (iv.) Duties of Officers and Servants of Public Baths and Wash- houses 331 (v.) Duties of Superintendent, Open Bathing Place 371 TABLE OF CONTENTS. XI SERIES X. PLEASURE GROUNDS. PAGE Memorand um of Local Government Board 377 Model Byelaws 380 SERIES XL HORSES, PONIES, MULES, OR ASSES STANDING FOR HIRE. Memorandum of Local Government Board 397 Model Bvelaws... 399 SERIES XII. PLEASURE BOATS AND VESSELS. Memorandum of Local Government Board 409 Model Byelaws 414 SERIES XIII. HOUSES LET IN LODGINGS OR OCCUPIED BY MEMBERS OF MORE THAN ONE FAMILY. Memorandum of Local Government Board 437 Model Byelaws 445 SERIES XiV. CEMETERIES. Memorandum of Local Government Board (a) as to Byelaws ... ... ... ... ... ... ... 471 (6) as to the Sanitary Requirements of Cemeteries 478 Regulations of Hume Office for Burial Grounds 487 Model Byelaws 489 SERIES XV. MORTUARIES. Memorandum of Local Government Board 499 Model Byelaws 607 Xll TABLE OF CONTENTS. SERIES XVI. OFFENSIVE TRADES. PAGE Memorandum of Local Government Board ... ... ... ... ... 513 Model Byelaws (a) Trade of a Blood-boiler 521 (b) Blood-drier 523 (c) Bone-boiler 524 (d) Fellmonger 526 (e) Tanner 529 (/) Leather-dresser 532 (g) Soap-boiler 534 (h) TaUow-melter 535 (i) Fat-melter or Fat-extractor 537 (j) Tripe-boiler 538 (k) Glue-maker 541 (1) Size-maker 544 (m) Gut-scraper 547 APPENDIX. Diagrams illustrative of the Model Byelaws as to New Streets and Buildings and Notes thereon. TABLE OF STATUTES. PAGE 27 Hen. 6, c. 5. (Market and Fairs Act, 1448) 234 29 Car. 2, c. 7. (Sunday Observance Act, 1677) 235 14 Geo. 3, c. 78. (Fires Prevention (Metropolis) Act, 1774), a. 86 229 48 Geo. 3, c. 75. (Burial of Bodies Cast on Shore Act, 1808) s. 1 476 ss. 36 475 s. 7 476 1 Geo. 4, c. 100. (City of London Militia Act, 1820), s. 39 93 1 & 2 Will. 4, c. 22. (Hackney Carriage Act, 1832) 270 s. 33 285 s.37 280 s. 51 273 2 & 3 Will. 4. c. 120.(Stage Carriages Act, 1832) 268 5 & 6 Will. 4, c. 50. (Highway Act, 1835) s.26 32 ss. 72, 78 37 2 & 3 Viet. c. 47. (Metropolitan Police Act, 1839) s. 60 18.21,25,30,33,3537 s. 60 (6) 21 3 Viet. c. Ixxvii. (Bristol Improvement Act, 1840) 89 3 A: 4 Viet. c. 85. (Chimney Sweepers and Chimney Kegulation Act, 1840), s. 6 142144, 162 3 & 4 Viet. c. 88. (County Police Act, 1840), s. 12 94 5 & 6 Viet. c. 109. (Pariah Constables Act, 1842), s. 22 93 6 & 7 Viet. c. 86. (London Hackney Carriages Act, 1843) ss. 8, 17 280 s. 33 285 7 & 8 Viet. c. 101. (Poor Law Act, 1844), s. 31 501 8 & 9 Viet. c. 16. (Companies Clauses Consolidation Act, 1845) s.23 312 s.109 333 s.114 333 s.124 313 s.125 322 s.126 313,322 s.127 313 9 & 10 Viet. c. 74. (Baths and Wash-houses Act, 1846) 312, 314, 315, 319 s.6 815 8 . 23 322,333 s. 30 313 8.34 5,311,315,322 8.35 312 s.38 325 sched. (A.) 5 10 & 11 Viet. c. cxxix. (Bristol Improvement Act, 1847) 89 XIV TABLE OF STATUTES. PAGE 10 A: 11 Viet. c. 14. (Market and Fairs Clauses Act, 1847) 226, 235 s. 13 220222, 225 s.14 234 s. 15 217 s. 17 216 s. 19 245 88.2021 216 8.31 218,221 s.32 221 s.35 229 s. 42 4, 13, 215217, 219, 230, 232, 236, 237 s. 47 225 10 & 11 Viet. c. 17. (Waterworks Clauses Act, 1847), s. 93 95 10 & 11 Viet. c. 34. (Towns Improvement Clauses Act, 1847) 241, 242 s.57 98,200 8.61 98 s. 63 99 s.74 147 s.87 18 s. 98 18, 30, 35, 37 s. 109 133 8.110 160,162 s.112 162 s. 115 160 s.126 244,251,253,255,260,262 8.127 255 s. 128 4, 13. 241, 245, 246. 255, 256, 261, 262 s.129 241,245,253 s. 130 . 242 s. 131 256 s.135 379 10 & 11 Viet. c. 61. (Baths and Wash-houses Act, 1847) 314, 315, 329, 338 s.7 318,325 10 & 11 Viet. c. 65. (Cemeteries Clauses Act, 1847) 8.10 472,481 ss. 11, 15, 16, 23, 25, 27 472 88.32,33 473 ss.35,36 472 ss.3739,40 473 s. 41 473,487 ss.43,44,46,48,58 473 s.59 473,493 10 & 11 Viet. c. 89. (Town Police Clauses Act, 1847) 265 s. 3 232, 269, 270, 273 s.21 274 s. 28 37, 42, 232, 261, 274, 276, 297 ss. 37, etseq 268,397 ss. 3750 268 s. 38 266, 268, 269, 282 s.39,40 397 8.41 280,397 s.42,43,44 397 s.45 269,280,397 ss. i6,etgeq 268,397 s. 47 397 s. 49 ... s. 50 ... 269, 39 8. 51 ... . 267 27 s. 52 ... 27 s. 53 ... 277,28 s. 54 ... s. 55 ... s. 57 ... ss. 58 61 s. 62 ... 27 s. 63 ... 27 s. 64 ... 274, 27 8. 65 ... s. 66 ... 28 s. 67 ... s. 68 ... s. G'J ... s. 171... 4, 13, 266, 267. 271, 278, 279, 285, 287, 29( 40 4, 13, 295, 296, 297, 298, 301, 305, 30 TABLE OF STATUTES. XV 10 & 11 Viet. c. 8i>. (Town 1'oi.ce Clause* Act, l647j continued. PAGE s. 48 269,397 ss. 4864 273 397 288 397 288 397 397 397 397 397 11 & 12 Viet. c. 63. (Public Health Act, 1848) 201,252 s.64 514,516 11 & 12 Viet. c. 101.(Lock-up Houses Act, 1848) 93 12 & 13 Viet. c. 92. (Cruelty to Animals Act, 1849), s. 9 246 13 ,t 14 Viet. c. 23. (Fairs and Markets Act, 1850) 234 14 & 15 Viet. c. 28. (Common Lodging Houses Act, 1851) 50 15 & 16 Viet. c. 85. (Burial Act, 1852) 477, 487 s. 42 506 16 & 17 Viet. c. 33. (Hackney Carriages (London) Act, 1853) 270, 289 s. 7 276 8.10 275 s. 17 (1) 275 8.17(2) 276 16 & 17 Viet. c. 41. (Common Lodging Houses Act, 1853) s. 3 53 s. 89 54 16 & 17 Viet. c. 127. (Hackney Carriages (London) Act, 1853), s. 14 289 16&17Vict.c. 134. (Burial Act, 1853) 487 16 & 17 Viet. c. 87. (Burial Act, 1854) 487 17 & 18 Viet. c. 105. (Militia (England) Act, 1854), s. 2 93 18 & 19 Viet. c. 122. (Metropolitan Building Act, 1855) s.3 88,89 s.6 93 s. 15 138 18 & 19 Viet. c. 128. (Burial Act, 1855) 487 20 & 21 Viet. c. 81. (Burial Act, 1857) 487 s.25 477 21 & 22 Viet. c. 98. (Local Government Act, 1858) 252 s. 32 208 s.34 79,83,199 22 Viet. c. 27. (Recreation Grounds Act, 1859) 379 22 & 23 Viet. c. 56. (Recreation Grounds Act, 1859), ss. 6, 7 219 23 A: 24 Viet, c. 39. (Public Improvement Act, 1860) 379 24 & 25 Viet. c. 61. (Local Government Act, 1859), s. 21 474 XVI TABLE OF STATUTES. PAGE 24 & 25 Viet. c. 96. (Larceny Act, 1861,, ss. 32, 33, 36 386 24 & 25 Viet. c. 97. (Malicious Damage Act, 1861) ... 321 '*. 23 386 s. 25 382 ss. 2022 385 s. 29 382 s. 52 386 26 & 27 Viet. c. 13. (Town Gardens Protection Act, 1863) 379 27 & 28 Viet. c. cccv. (Dublin Improvement Acts Amendment Act, 1864), s s 4... 55 26 & 27 Viet c. 49. (Duchy of Cornwall Management Act, 1863), s. 37 ... 307 27 & 28 Viet. c. 114. (Improvement of Land Act, 1864) 91 ss. 30, 31 94 2S&29 Viet. c. 126. (Prison Act, 1865), s. 4 93 31 & 32 Viet. c. 22. (Petty Sessions and Lock-up Houses Act, 1868), s. 10 ... 93 32 & 33 Viet. c. 14. (Revenue Act, 1869) 266 32 & 33 Viet. c. 115. (Metropolitan Public Carriage Act, 1869) 270, 290 s.9 -i 279 33 &34 Victc. cxiii. (West Hartlepool Improvement Act, 1870) 83 34 & 35 Viet. c. 70. (Local Government Board Act, 1871) 312,315 34 & 35 Viet. c. 96. (Pedlars Act, 1871) s. 3 222 s.6 222,223 35 & 36 Viet. c. 15. (Parks Regulation Act, 1872) ...381, 385, 386, 387, 391, 392 35 & 36 Viet. c. 94. (Licensing Act, 1872), s. 12 392 36 & 37 Viet. c. 66. (Judicature Act, 1873), s. 47 67 37 & 38 Viet. c. 88. (Births and Deaths Registration Act, 1874), ss. 17, 18 ... 473 38 & 39 Viet. c. 55. (Public Health Act, 1875) 271, 298 s. 4 32,81,88,103,163,244 s. 10 311 s. 11 25 s.21 164 s.23 194 s. 26 165 s.35 23,194,452 s. 36 23,177,183,452 s.37 23,24,65,460 8.42 19 s.43 21 s. 44 4, 6, 1822, 29, 32, 36, 41, 44, 45, 192, 261, 405, 462 8.47 42,462 8.47(3) 188,195 s. 49 44 8.50 29,44 s. 53 286 s. 76 51,446 8.77 439 s. 79 51 8. 80 4, 49, 53, 466 s.82 464 s. 84 69 8.85 55,451 s.86 69 s.87 50,51 s. 88 446 s. 89 49 TABLE OF STATUTES. XV11 38 & 39 Viet. c. 55. (Public Health Act, 1875) continued. PAGE s. 90 5, 437, 438, 440443, 446, 450452, 462, 464 9.. 90 (6) 466 s. 91 39. 44, 199 88.92,93 ... 39 ss. 94, 95 39, 199 s . 96 39, 65 s. 97 199 s.102 256 s. 112 7,513515,517519,521 s.113 57,513,518,519 s.114 7,518 s.115... 7 ss. 116119 217 s.120 63,70,550 s.121 63,70 s.124 466,467 8.126 322 s.127 277 8. 141 5, 471. 473, 493, 499, 500, 505 s. 142 499, 500 8.143 505,506 s.150 102,103 s. 157 (3) 161 s. 157 (4) 164, 177, 182, 199 s. 157 ... 4, 6, 7, 8, 75, 76, 78, 79, 82, 84, 85, 87, 90, 94, 106, 107, 110, 115, 148, 150, 160, 161, 163, 167, 178, 183, 199, 203, 205, 208, 210, 452 s. 158 7, 8, 76, 202, 212 s. 159 76, 77, 82, 124 s.160 147 s. 164 5, 6, 377, 378, 381, 383, 394 8.166 219,222 s. 167 4, 215, 217220, 234 s. 169 4, 6, 7, 216, 241, 242, 244, 245 s.170 7 s. 171 (4) 6 s. 171 (5) 6, 296 s. 171 4, 42, 261, 265270, 286, 295, 397 s. 172 ... 5, 6, 397, 398, 400, 402, 403. 409, 410, 412, 413, 415, 429, 430, 432 s.182 8,10,19,30 s. 183 25, 45, 209, 292, 306, 393, 434, 509 s.184 11,13 s.185 13 s.186 13,19,30 s. 188 164, 315, 506 s.189 315 s. 229 18,217 s. 233 478 8. 251 45, 72, 292, 306, 393, 405, 467, 494, 509, 551 s.253 494 8.267 201 s. 268 23,452 s. 276 6, 7, 30, 217. 244, 254, 296, 378, 398, 519 s. 306 14, 22, 34, 381, 382 R. I, XV111 TABLE OF STATUTES. 38 & 39 Viet. c. 55. (Public Health Act, 1875) continued. PAGE s.307 382 s.314 5 s.316 295 s. 327 92,93 sched. 4 65 sched. 5 474 41 & 42 Viet. c. 14. (Baths and Washhouses Act, 1878) 315, 329 s.4 , 318 ss.5,6 316 s. 10 322, 326, 327, 330 s. 11 321, 326, 327, 330 41 & 42 Viet. c. 32. (Metropolis Management and Building Acts (Amendment) Act, 1878), ss. 24, 25 93 41 & 42 Viet. c. 49. (Weights and Measures Act, 1878), s. 48 219 42 & 43 Viet. c. 31. (Public Health (Interments) Act, 1879) 478, 481 s.2 5,471,473,494 42 & 43 Viet. c. 49. (Summary Jurisdiction Act, 1879), ss. 6, 38 289 43 & 44 Viet. c. 41. (Burial Act, 1880) 476 44 & 45 Viet. c. 45. (Pedlars Act, 1881) 222 s.2 223 45 Viet. c. 14. (Metropolis Management and Building Acts (Amendment) Act, 1882), s. 24 93 45 & 46 Viet. c. 23. (Public Health (Fruit Pickers Lodgings) Act, 1882) ... 5 45 & 46 Viet. c. 50. (Municipal Corporations Act, 1882) s.23 278,412 s.24 13 47 Viet. c. 12. (Public Health (Confirmation of Byelaws) Act, 1884) 13, 219, 246, 271, 298 47 & 48 Viet. c. 51. (Prison Act, 1884), s. 2 93 47 & 48 Viet. c. 72. (Disused Burial Grounds Act, 1884) 506 48 & 49 Viet. c. 72. (Housing of the Working Classes Act, 1885) 437 s.8 440 s.9 6 49 Viet. c. 20. (Drowned Persons (Discovery and Interment) Act, 1886) 476 50 & 51 Viet. c. 27. (Market and Fairs (Weighing of Cattle) Act, 1887), s. 4 219 50 & 51 Viet. c. 71. (Coroners Act, 1887), s. 24 505 61 & 52 Viet. c. 24. (Merchant Shipping (Life-saving Appliances) Act, 1888) 432 51 & 52 Viet. c. 33. (Hawkers Act, 1888) 222 8.3 223 51 & 52 Viet. c. 41. (Local Government Act, 1888) 8. 11 33 s. 16 ... 278 51 & 52 Viet. c. 52. (Public Health (Building in Streets) Act, 1888) 95 52 & 53 Viet. c. 14. (Town Police Clauses Act, 1889) 6, 270 s.6 268 52 & 53 Viet. c. 21. (Weights and Measures Act, 1889) 219 52 & 53 Viet. c. 30. (Board of Agriculture Act, 1889), s. 2 94 52 & 53 Viet. c. 63. (Interpretation Act, 1889), s. 31 88 52 & 53 Viet. c. 72. (Infectious Disease (Notification) Act, 1889) s.15 93 s.124 69 53 Viet. c. 5. (Lunacy Act, 1890), s. 254 93 53 & 54 Viet. c. 34. (Infectious Disease (Prevention) Act, 1890) s.5 70 s.6 63,70 8.8 71,508 TABLE OF STATUTES. XIX 53 & 54 Viet. c. 34. (Infectious Disease (Prevention) Act, 1890) continued. PAGE s. 9 508 8. 10 70,508 s. 11 ... 275 53 & 54 Viet. c. 59. (Public Health Acts Amendment Act, 1890) 6, 19 s. 3 77, 136, 145, 162, 178, 452 s. 5 78, 145, 162, 178, 452 s.9 19 s. 11 (1) 192 s. 17 526, 541 s. 23 7, 8, 65, 78, 79, 82, 90, 101, 106, 136 145, 452, 465 s. 23 (1) 147, 162, 178, 182, 196 8.23(2) 163,164,178,452 s. 23 (3) 182 s. 23 (4) 209 s.25 8,107 s. 26 22, 30, 34, 41, 45 8.26(1) 261,528 s. 26 (2) 19 s.29 254 s.30(3) 254 s. 31 245 s.32 69 s.33 8 8.41 85,102 8.44 379,381,389 s.45 379 8.50 77,162 53 & 54 Viet. c. 70. (Housing of the Working Classes Act, 1890) s.32 199 ss. 5471 443 54 & 55 Viet. c. 65. (Lunacy Act, 1891), s. 16 93 54 & 55 Viet. c. 70. (Market and Fairs (Weighing of Cattle) Act, 1891) ... 219 54 & 55 Viet. c. 76. (Public Health (London) Act, 1891) s.8 508 s.29 33 s.39(l) 176 s.50 463 s. 90 (2) 506 8.94 449 s. 142 ... 18,21,30,33,3537 55 & 56 Viet. c. 18. (Weights and Measures Purchase Act, 1892) 219 55 & 56 Viet. c. 57. (Private Street Works Act, 1892) 85, 102 56 & 57 Viet. c. 73. (Local Government Act, 1894) 7 506 .8 OK*) " " ' 378>381 8.25(7) 7 s.33 ; s. 36 (4) 315 57 & 58 Viet. c. 60. (Merchant Shipping Act, 1894) 413 g7 415,416 s.92 429 s.214 s. 220 43 s.262 429 62 XX TABLE OF STATUTES. 57 & 58 Viet. c. 60. (Merchant Shipping Act, 1894.~)contiMted. PAGE s. 267 418,423 SB. 271, et seq. 415 ss. 274, 283 418 s. 288 431 s. 370 415 s.457 432 s. 742 415 8.745 432 57&58Vict.c. ccxiii. (London Building Act, 1894) 89,90,136 s. 5 88 s. 5 (6) 124 s. 41 (1) (ii.) 154 s.54 137 s. 56 138, 139 s. 56 (3) 138 s. 60 137 s.61(l) 146 8.64(1) 140 s. 64 (3) (4) 141 8.64(11) 143 8.64(12) 144 8.64(21) 145 s. 64 (22) 144, 145 ss. 65, 66 (3) 146 s.215 138 s.202 93 59 & 60 Viet. c. 36. (Locomotives on Highways Act, 1896) 276 8.2 284 s. 3 283 ss. 6, 6 (2) 268 62 & 63 Viet. c. 14. (London Government Act, 1899) 315 TABLE OF CASES. A. PAGE Aberdeen District Tramway Co., Ogston v 32 Abergavenny Improvement Commis- sioners r. Straker ... 225 Acton Local Board, Hibbert r. ...85, 94 Adams r. Bromley Local Board ... 153 Adkins, Hanman r 252 Alder, Parker v 221 Allan r. Liverpool Overseers ... 441 Allen r. Tunbridge 236, 270 Ambrose v. Kenison 475 Anu-slniry Union r. Wiltshire JJ. ... 33 Amherst (Lord) r. Lord Sommers... 93 Anderton r. Birkenhead Improve- ment Commissioners 149 Andrews r. Cawthorne 476 Anthony r. Brecon Markets Co. 251253 Arber, Perkins r 225 Army and Navy Auxiliary Co-opera- tive Supply Co., Ltd., Drury v. ...88, 89 Arnold, Western r 89 Ashby r. Harris 477 Ashford Overseers, Percy r. ... 219 Ashworth r. Heyworth 226 Att.-Gen. v. Cambridge 225 v. Chambers 307 T. Great Eastern Kail. Co. 296 v. Hooper 210 r. Southampton Corpora- tion 379 f. Sunderland Corporation 390 Ancketill r. Baylis 442 , Roberts r 442 Anderton r. Rigby ... 141) Ayk'slniry Churchwardens, Roberts v. 219 B. P.a.lli-y 7-. Cuckfield Rural District Council 97,110 Bailey r. Jamieson 80 I'.akcr r. Portsmouth (Mayor, etc., of) 80 Bukcr. Wiltshire r 225 Mallard, St. George's Local Board r. 81 Bnllymcna Commissioners r. M'Kay 203 Bantoft, Spurling r 222 Banton r. Davies 269 Barnett, St. Mary. Islington. /. ... 81 PAGE Barnsley Union, Manchester, Sheffield and Lincolnshire Kail. Co. v. ...80, 94 Barrett, R. v 55 Barton Local Board, Robinson v. ...80, 81 Barton Kegis Rural District Council v. Stevens and Others 105 Bateson v. Oddy 268 Baxendale, Phythian v 37 Baylis, Ancketill v 442 Baylis, Bradley c 441 Beard, Bradshaw r 475 Beattie, Pletts v 221 Beaumont, Roots v 447, 450 Bedford (Duke of) v. St. Paul, Covent Garden 220 Bell, Rex r 219 Benford v. Sims Benjamin v. Storr Bennett, Blackpool Local Board i v. Skegness Local Board Best, Penryn (Mayor, etc., of) r. Bibby, Mason r Birch, Hickman v , Norris v Bird, St. Martin's -in -the -Fields (Vestry of) v Bird v. St. Mary Abott's Vestry ... Birkenhead Improvement Commis- sioners, Anderton v. Birmingham Guardians, Smith c. ... Black v. Sackett Black Iron Brewery Co., Gery v. ... Blackie, Edinburgh Magistrates v. ... Blackmore, Kr parte Blackpool Local Board r. Bennett... Blashill v. Chambers Bloomfield, Clark v. ... Blundell v. Catterall ... - v. Price 418 37 285 107 225 201 268 269 168 518 Bocking v. Jones Bogle, Sherborne Local Board v. Bone, Hamilton r , Heawood r 149 93 223 84 224 474 285 87 203,211 296,307 ... 168 ... 290 23, 452 ... 386 ... 442 ... 53 '2-2, :H , 221 Booth r. Ferrett Borrow r. Howland Bourne r. Lowndes Bournemouth Improvement Commis- sioners, Cumber c 203 Bowles r. St. Mary, Islington ... 81 Bowyer r. Stantial 476 Boy ton r. Braintree Local Board ... "'1 s Bradford Corporation, Slee v. 203, 205 Bradley /. Haylis 441 XX11 TABLE OF CASES. PAGE Bradshaw v. Beard 475 Braintree Local Board, Boyton r. ... 518 Bramley, Sheffield General Cemetery Co. r 477 Brecon Corporation v. Edwards ... 224 Markets Co., Anthony r. ... 251, 252, 253 Brewster, Spooner r. 478 Bridge, R. r 22 Bridger, Neville r 476 Bridgland r. Shafter 224 Bridgnorth Corporation, Ellis v. ... 225 Bridle, Torquay Local Board v. ... 383 Brighton (Town Council of) v. Stenning 252 Britten r. Great Northern Rail. Co. 275 Broadbent, Langdon r. ... 53, 442 Bromley Local Board, Adams v. ... 153 v. Lloyd 104, 105 Brook, Savage v 228 Brown, Byrne v 412 v. Holyhead Local Board ... 199 , R. r 107 , Richardson v. 83 , Sunderland (Mayor of) v. 98, 107 , Worth v 446 Brydges v. Dix 199 Buckle v. Wrighton 268 Burgess v. Peacock 77, 79, 199 Burnaby, Edgell v 476 Burney, R. v 80 Burnley Rural Sanitary Authority, Heapt- 42,43 Burr, Hattersley r 200 Burridge, Torquay Market Co. r. ... 221 Byrne v. Brown 412 c. Cadby, Grey v 21 Cadenhead, Gunn v. ... ... ... 55 Calder and Heber Navigation Co. r. Pilling 280 Cambridge. Att.-Gen. v 225 Campbell, Pletts T 221 Cardell r. New Quay Local Board ... 514, 515 Cardiff Manure Co. r. Cardiff Union 519 Carlisle Cafe Co. v. Muse Bros. & Co 89 Carter v. Parkhonse 220 Cartman, Commissioners of Police v. 446 Case r. Storey ... 269, 270, 415 Castleman, Patten v. 476 Caswell, R. v 219 r. Cook 220 Catterall, Blnndell r. ... 296, 307 Cavanagh, Ex parte 54 Cawthorne, Andrews c 476 Chadwick, Mosley r 223 Chambers, Att.-Gen. r 307 Chambers, Blashill r. 87 Chapman, Macclesfield (Mayor, etc., of)r 224 Chappie v. Cooper 475 PAGE Charles, Luke v 220 Chertsey Rural Sanitary Authority r. Marreso ... ... ... ... 175 Chorley District Council, Smith v. ... 202 Chouler, Gay ford v 386 Clark i: Bloomfield 203,211 , Foinettr 236,271 Clarke t'. Hague ... ... ... 55 v. Stanford 236,270 Cloud v. Tnrfery 268 Cocks v. Mayner 236, 269 Colam . Hall 246 Coleridge, Rex r. ... ... ... 474 Coles r. Fibbens 54 Collins, Cooper r 218 , Letterkenny Commissioners of, r 39 v. Paddington (Vestry of) ... 22 , Striker 228 v. Wells Corporation ... 235 Collman r. Mills 262,446 Cook, Caswell v 220 Cooper, Chappie r. ... ... ... 475 v. Collins 218 v. Wandsworth District Board of Works ... 210 Cronshaw r. Wigan Burial Board ... 476 Crosby, Ex parte 201 Cross, Rex v 37 Crow v. Redhouse 124 Crunden, Rex v 297 Crystal Palace Co., St. Giles, Camberwell (Vestry of) r. ... 81 Cubitt v. Porter 89 Cuckfield Rural District Council, Badley v 97, 110 Cumber v. Bournemouth Improve- ment Commissioners 203 Curtis v. Embery 270, 285 D. Dance, Hobbs r. Davies, Banton v. -, McIIole r. 83 269 225 476 81 Day r. Peacock Dayman, R. v. De Morgan r. Metropolitan Board of Works 391 Derby Urban Sanitary Authority, Whitakerr. 66 Dix, Brydges v. 199 Dixon, In re 477 , In re Williams v. Williams 475 Dodd, Foster v 475 , Law u 21 r. Vesery of St. Pancras ... 81 Doncaster Rural Sanitary Authority, Jagger v 149, 211 Dorchester (Mayor, etc., of) r. Ensor 223 Drury r. Army and Navy Auxiliary Co-operative Supply Co., Limited. ..88, 89 Dry den r. Overseers of Putney ... 81 TABLE OF CASES. XX111 E. PAGE Bales, Green r. 89 Baling Local Board, Gooding v. ... 213 East London Rail. Co., Souch v. ... 80 Easts, Richards v 229 Eccles r. Wirral Union 81 Edgell r. Burnaby 476 Edinburgh Magistrates r. Blackie ... 224 Edwards, Brecon Corporation v. ... 224 Edwards, Young v 199 Eleyr. Lythe 386 Elias v. Nightingale 245 Ellis v. Bridgnorth Corporation ... 225 , Hnrrell v 269 Eltringham, Laws v 386 Ehves f. Payne 223 Embery, Curtis v 270, 285 Emperor, Spry r 476 Ensor, Dorchester (Mayor, etc., of) v. 223 Everett v. Grapes 42 Exeter (Mayor of) v. Heaman ... 221 F. Failsworth Local Board, Thompson v. 203 Fearon v. Mitchell 222, 225 Fenwick, Priugle v 413 Ferrett, Booth v 53 Fibbens, Coles v 54 Fielding r. Rhyl Improvement Com- missioners 82, 84, 94 Filliter v. Phippard 229 Foinett v. Clark 236, 271 Folland, Shepherd v 221 Ford, Marks t\ 277 , Yard v 223 Foster v. Dodd 475 Fox, R. v 475 Freeman, Homer v 226 Fryer v. Johnson 474 Fullford, R. v 81 G. Gallop, Spry v. 476 Galloway v. Corporation of London 80 Ganley, Halligan v 55 Gardiner, Woolwich Local Board v. 222 Gardner r. Mansbridge 386 Garston Local Board, Waite v. ... 101 Gay v. Cadby 21 Gayford i: Chouler 386 Gery v. Black Iron Brewery Co. ... 84 Cleave, Loftos v 223 Goldsmid, Great Eastern Rail. Co. v. 224 Gooding r. Ealing Local Board ... 203 Goole Local Board, R. r 80 Gordon, St. Martin's Vestry r. ... 22 Grand Junction Waterworks Co. v. Hampton Urban District Council 95 Grapes, Everett v 42 Gray, Watson r 89 Great Eastern Rail. Co., Att.-Gen. v. 296 PAGE Great Eastern Rail. Co. v. Goldsmid 224 Great Northern Rail. Co., Britten v 275 Green v. Eales Greenwich, London (May or, etc. of) u Griffiths, Warings v. Groom, Yarmouth (Mayor, etc., of) i Groves, Williams r. Gunn v. Cadenhead 89 220 474 219 278 55 H. Hague, Clarke v 55 Hall, Colam v 246 v.Nixon 201,206 Hall and Another, St. George's, Han- over Square (Rector, etc., of) v. ... 606 Halligan v. Ganley 55 Hammon or Hammond, Jay v. ... 93 Hampton Urban District Council, Grand Junction Waterworks Co. v. 95 Hamilton r. Bone 386 Hanman v. Adkins 252 Hansard r. St. Matthew, Bethnal Green Harper v. Michael Harris, Ashby v v. Lambeth Burial Board . 506 387 477 476 200 89 393 Hattersley r. Burr Hawkins, Matts v Hayes, Strickland v Headingley-cum-Burley Burial Board, Wood 476 Heaman, Exeter (Mayor of) v. ... 221 Heap v. Burnley Rural Sanitary Authority 42,43 Heawood v. Bone 442 Hedges v. Hooker 415 Hendon Local Board r. Pounce 103, 105 Henson, Phillips v Hexham JJ., R. v Hey worth, Ash worth v. , R. v. 442 ... 386 ... 226 ... 262 ...85,94 ... 268 ... 244 ... 223 of Hibbert v. Acton Local Board Hickman v. Birch Hides v. Littlejohn Higgins, Loftos v Hill, Wanstead Local Board Health r 514 Hindmarch, Hotchin v 221 Hitchcock r. Walter 478 Hobbs v. Dance ... ... 83 Hodson, Liverpool New Cattle Com- pany v 262 Holborn District Board of Works, Saundersr Holborn Union, Pearson v 93 (Guardians of) v. St. Leonard's (Vestry of). Shoreditch Holdcrshaw v. Martin Holyhead Local Board, Brown . ... Hooker, Hedges v Hooper, Att.-Gen. v v. Keushole Hopkins r. Smethwick Local Board Hornby v. Toxteth Burial Board ... Homer r. Freeman 21 518 199 415 210 225 210 476 226 XXIV TABLE OF CASES. PAGE Horsell v. Swindon Local Board ... 208 Hotchin r. Hindmarch 221 Howard r. Lupton 222,223 Howarth r. Manchester Corporation 251, 253 Rowland, Borrow v 22,34 Hughes v. Trew 253 Hurrell r. Ellis ... 269 I. Inge, Parker r. 39 Ingle, Wright v 90 Islington Market Case 224 J. Jackson v. Jeffery 275 Jagger r. Doncaster Rural Sanitary Authority 149,211 James v. Masters ... ... ... 203 Jamieson, Bailey v. ... Jay v. Hanimon or Hammond Jay R v . ... ... 80 ... 93 93 Jeffery, Jackson r. ... Jenkins v. Tucker Jenks v. Turpin Johnson, Fryer v ... 275 ... 475 ... 55 ... 474 ...8,393 ... 290 ... 289 ... 153 ... 89 Jones, Bocking -e Josolyne v. Meeson K. Keet v. Smith Kenison, Ambrose v.... Kenshole, Hooper v. ... Kent, R, v Treasurer, R. v. 478 475 225 66 475 Kerr, In re 477 Kerswill or Torquay JJ., R. r. ... 289 Kingdon, Morgan v 221, 222 Kippins, Ex parte 287 Knight v. Pursell 88 Krnse v, Johnson 8,393 L. Lambeth Burial Board, Harris v. ... 476 Lancaster Burial Board, McGongh v. 478 Langdon r. Broadbent ... 53, 442 Law v. Dodd 21 Laws v. Eltringham 386 Leith Harbour Commissioners v. The Inspector of the Poor 93 Lemon v. Webb 386 Letterkenny Commissioners v. Collins 39 PAGE Levy, Newport (Mayor, etc., of) v.... 201 , West Hartlepool Commis- sioners r 202 Lewis, Prince v 224 , St. Luke's Vestry v. ... 23, 452 Limerick Market Trustees, Quilligan r. 220 Littlehampton Urban District Council, Pelhamr 297 Littlejohn, Hides r 244 Liverpool New Cattle Company /. Hodson 262 Overseers, Allan v. ... 441 (Mayor of), Quinby r. ... 149 Llandaff and Canton Market Com- pany r. Lyndon 220, 225 Llewellyn, R. r 66 Lloyd, Barton Local Board r. 104, 105 Loftos r. Cleave 223 1: Higgins 223 Londonderry (Mayor, etc., of) r. McElhinney 221 London, Chatham, and Dover Rail. Co. v. Mayor, etc., of London ... 80 London (Corporation of), Gallo- way r. 80 London (Mayor, etc., of) r. Green- wich... " 220 London (Mayor, etc.. of), London, Chatham, and Dover Rail: Co. r.... 80 London (Mayor, etc., of) r. Low ... 224 London and Provincial Laundry Co. v. Willesden Local Board ... 22 Low, London (-Mayor, etc., of) v. ... 224 Lowndes, Bourne v 221 Luke v. Charles 220 Lupton, Howard v 222, 223 Lyndon, Llandaff and Canton Market Company v 220,225 Lyndon v. Standbridge 21 Lyons, Manchester (Mayor, etc., of) v 224 Lythe, Eley v. 386 M. McCann, R. v. 93 McElhinney, Londonderry (Mayor, etc., of) v 221 McGough r. Lancaster Burial Board 478 McHole r. Davies ... ... ... 225 Mclntosh v. Romford Local Board... 219 McKay, Ballymena Commissioners v. 203 McKenzie v. McLeod 229 McLeod, McKenzie v. 229 Macclesfield (Mayor, etc., of) r. Chapman 224 Macclesfield (Mayor, etc., of) v. Pedley 224 Mace r. Philcox 307 Macnamara, Rogers v. 269 Mailing Rural District Council, Simmons r. 194 Malton Board of Health v, Malton Farmers Manure Co 518 TABLE OF CASES. XXV PAGE Million Farmers Manure Co., Malton Board of Health r. 518 Manchester Corporation, Howarth r. 251, 253 Manchester Corporation, Witbing- ton Local Board r. ... 95, 519 Manchester, Sheffield and Lincoln- shire Kail. Co. r. Barnsley Union. ..80, 94 .Manchester (Mayor, etc., of) r. Lyons 224 r. Pedley 225 Mansbridge, Gardner r 386 Manton, Steers r 42 Marks v. Ford 277 Marreso, Chertsey Rural Sanitary Authority r. 175 Martin, Holdershaw v. 518 Mason v. Bibby 201 Masters, James r 203 r. Pontypool Local Board 203. 210 Matts r. Hawkins ' 89 Mayner. Cocks r 236.269 Mead, R. r 201 Meadow r. Taylor 85 Meeson, Josolync r. ... ... ... 89 Metropolitan Board of Works, De Morgan r 391 Metropolitan Board of Works, Tulk v. 379 Michael, Harper r 387 Middleton (Lord) t>. Power 224 Midland Kail. Co. v. Watton ... 81 Mills, Collman r 262,446 Mitcham, Exptirte 268 Mitchell, Fearon v 222,225 Moore, Withington Urban District Council r ... 211 Morgan r. Kingdon 221,222 Morris, Southport (Mayor, etc., of) v. 415 Morton v. Palmer 442 Museley v. Walker 224 Mosley v. Chad wick 223 Muse, Brothers, & Co., Carlisle Cafe Co. v. 89 N. Nathan, H. r 285 Naylor v. Scott ... 476 Neville r. Bridger 476 N < \\castle-upon-Tyne (Mayor of), R. r 202 Newport (Mayor, etc., of), v. Levy ... 201 New Quay Local Board, Cardell t'. 514, 515 Newtonwards Commissioners v. Woods 221 Nightingale, Eliaa v. 245 Nixon, Hall r 201, 206 N-irris v. Birch 269 r. Williamson r 221 Northampton (Mayor of) v. Ward ... 219 Norton r. Jones 289 North London Rail. Co. v. St. Mary, Islington ... 81 Norwich (Mayor, etc., of) r. Swann 219 Nottingham Local Board, Wortley v, 224, 233 0. PAGE Oakley, Openshaw v. 223 Oddy, Bateson v 268 Ogston r. Aberdeen District Tram- ways Co 82 Openshaw r. Oakley ... ... ... 223 O'Reilly, Ex parte ... 224 Oxford Local Board, Passey r. 514, 515 P. Paddington (Vestry of), Collins v. 22 Palmer, Morton r 442 St. Mary, Battersea (Vestry of),'' 81 Parker v. Alder 221 Parker v. Inge 39 Parkhonse, Carter r 220 Parry, Jones v. 153 Parson r. Timewell 202 Passey c. Oxford Local Board 514, 515 Patten r. Castleman 476 Payne, Elwes r. 223 Peacock, Burgess v 77, 79, 199 , Day r 476 Pearson v. Holborn Union 93 Pedley, Macclesfield (Mayor, etc., of)* 1 224,225 Pelham r. Littlehampton Urban District Council 297 Penryn (Mayor, etc., of) v. Best ... 225 Percy v. Ashford Overseers 219 Perkins t: Arber 225 Philcox, Mace v 307 Phillips v. Henson 442 Phippard, Filliter r 229 Phythian r. Baxendale ... ... 37 Pilbrow r. Vestry of St. Leonard's, Shoreditch 168 Pilling, Calder and Heber Navigation Co. v 280 Pletts *. Beattie 221 1'. Campbell 221 Plumstead Board of Works, Pound r. 81 Police (Commissioners of) v. Cart- man 446 Pontypool Local Board, Masters r. 203, 210 Poor (Inspector of the), Leith Harbour Commissioners v. ... 93 Pope r. Whalley 225 Porter, Cubitt r 89 Portsmouth (Mayor, etc., of), Baker r. 80 Pounce, I tendon Local Board P. 103, 105 Pound r. Plumstead Board of Works 81 Power, Middleton (Lord) r 224 Powning, Williams v. 81 Preston (Corporation of), R. v. ... 202 Price, Blundell r 168 Price, R. r 476, 477 Prince . Lewis 224 Pringle r. Fenwick 413 Pursell, Knight v 88 Putney (Overseers of), Dryden r. ... 81 XXVI TABLE OF CASES. Q- PAGE Qnilligan r. Limerick Market Trustees 220 Quinby r. Liverpool (Mayor of) ... 149 E. Ramuz, Southend (Mayor of) c. 208, 210 liawlinson, Kex r 285 Raynor, R. r 262 Redhonse, Crow r 124 Reed, R. r 297 Rees, Tucker r. ... 77, 79, 148, 150 R. r. Barrett 55 r. Bell 219 v. Bridge 22 r. Brown 107 r. Burney 80 v. Caswell 219 r. Coleridge 474 v. Cross 37 v. Crnnden 297 v. Dayman ... ... ... 81 T. Fox 475 v. Fullford 81 v. Goole Local Board 80 v. Hexham JJ 386 r. Hey worth 262 t'.Jay 93 v. Kent JJ 66 r. Kent Treasurer 475 T. Kerswill or Torquay JJ. ... 289 v. Llewellyn 66 'p. McCann ... ... ... 93 1-. Mead 201 v. Nathan 285 r. Newcastle-upon-Tyne (Mayor of) 202 r. Preston (Corporation of) ... 202 v. Price 476, 477 v. Rawlinson 285 r. Raynor 262 v. Reed 297 v. Rose 9 r. Russell 37 v. St. Mary, Islington 81 r. Sharpe 475 v. Shiel 81 r. Smith 231 v. Stannard 55 v. Starkey 225 r. Stephenson 477 r. Stewart 474 r. Trimble 39,40 r. Tristram 479 r. Tynemouth Rural District Council 202 v. Vann ... ... ... ... 475 r. Wheatley 66 _ r. Whitchurch 67 _ r. Wood 9 Rhyl Improvement Commissioners, Fielding v 82, 84, 94 Richards r. Easts 229 , Roberts v. ... ~ 99, 100 Richardson v. Brown 83 PAGE Rigby, Anderton v 149 Roads v. Trumpington Overseers . . . 442 Roberts, Ancketill v 442 v. Aylesbury Churchwardens 219 r. Richards 99,100 Robinson r. Barton Local Board 80, 81 r. Sunderland (Mayor of) 23, 177, 452 Rogers v. Macnamara 269 Romford Local Board, Mclntosh v. 218 Roots v. Beaumont 447, 450 Rose, H. v 9 Rudland v. Mayor, etc., of Sunderland 102 Russell, Rex r 37 Rutherford r. Straker 225 S. Sackett, Black v 223 St. George's, Hanover Square (Rector etc., of) v. Hall and Another ... ... 506 Local Board r. Ballard 81 St. Giles, Camberwell (Vestry of) v. Crystal Palace Co. 81 St. Giles, Camberwell (Vestry of), Wilson r 81 St. Leonard's, Shoreditch (Vestry of), Holborn Union (Guardians of) p 21 St. Leonard's, Shoreditch (Vestry of), Pilbrow r 168 St. Luke's Vestry v. Lewis ... 23,452 St. Martin's-in-the-Fields (Vestry of) r. Bird 168 St. Martin's Vestry v. Gordon ... 22 St. Mary Abbott's Vestry, Bird r. ... 518 , Battersea (Vestry of) r. Palmer 81 , Islington, r. Barnett ... 81 , Bowles r. ... 81 , North London Rail. Co. r. 81 , R. v 81 St. Matthew, Bethnal Green, Hansard i: 506 St. Pancras (Vestry of), Dodd v. ... 81 St. Paul, Covent Garden, Bedford (Duke of) v 220 Saunders, Ex parte 66 i: Holborn District Board of Works 33 Savage v. Brook 228 Scarborough (Mayor, etc., of) r. Rural Sanitary Authority of Scar- borough ... ... ... ... 39 Schofield, Ex parte 67 Scott, Naylor v, 476 Seed, Tong Street (Local Board of) r. 44 Shafter, Bridgland v. 224 Sharpe, R. r 475 Sheffield General Cemetery Co. v. Bramley 477 Shepherd i: Folland 221 Sherborne Local Board r. Bogle 23, 452 Shiel, R. v 81 TABLE OF CASES. XXV11 PAGE Shiel v. Sunderland (Mayor of) ... 83 Sidford, Wiltshire r 89 Simmons i: Mailing Rural District Council 194 Sims, Benford r 418 Skegness Local Board, Bennett r. ... 107 Skinner r. Usher 269,285 Slaughter v. Mayor of Sunderland 82, 84 Slee r. Bradford Corporation 203, 205 Smethwick Local Board, Hopkins r. 210 Smith r. Birmingham Guardians ... 93 r. Chorley District Council ... 202 , Keet r 478 , Rexr 231 r. Waghorn ... ... ... 44 Sommers (Lord), Lord Amherst v.... 93 Souch v. East London Rail. Co. ... 80 Southampton Corporation, Att.- Gen. r 379 Southend (Mayor of) v. Ramuz 208, 210 South Metropolitan Cemetery Co., Vaughan r. ... 476 Southport (Mayor, etc., of) v. Morris 415 Spooner v. Brewster 478 Spry r. Emperor 476 v. Gallop 476 Spurling r. Bantoft 222 Stampe, Turberrille v 229 Standard Bank of British South America r. Stokes 89 Standbridge, Lyndon r 21 Stanford, Clarke v 236,270 Stannard, R. r. 55 Stantial, Bowyer v 476 Starkey, R. r 225 Stavert, Wright r 441 Steers r. Man ton 42 Stenning, Brighton (Town Council of) r 252 Stephenson, R. r 477 Stephens and Others, Barton Regis Rural District Council r 105 Stewart, R. v 474 Stokes, Standard Bank of British South America r 89 Storey, Case v. ... 269, 270, 415 Storr, Benjamin r 37 Straker, Abergavenny Improvement Commissioners v. ... 225 , Rutherford v 225 Stretch r. White 221 Stretton, Walker v 8, 278 Strickland r. Hayes 393 Strike r. Collins 228 Sunderland Corporation, Att.-Gen. v. 390 (Mayor of) r. Brown 98, 107 , Robinson v. 23, 177, 452 (Mayor, etc., of), Rud- land r. ' 102 (Mayor of), Shiel r. ... 83 , Slaughter v. 82, 84 Sutton r. Sntton 296 Swann, Norwich (Mayor, etc., of) r. 219 Swindon Local Board, Horsell v. ... 208 T. PAGE Taylor, Meadow v 85 Thompson v. Failsworth Local Board 203 Timewell, Parson v 202 Tinkler r. Wandsworth District Board of Works 23, 177, 452 Tong Street (Local Board of) . Seed 44 Torquay JJ., Kerswill or, R. v. ... 289 Torquay Local Board r. Bridle ... 383 Torquay Market Co. v. Burridge ... 221 Townend v. Woodruff 231 Toxteth, Burial Board, Hornby c. ... 476 Trew, Hughes r 253 Trimble, R. r. 39, 40 Tristrane,R. r 477 Trumpington Overseers, Roads v. ... 442 Tucker, Jenkins v 475 Tucker . Rees ... 77, 79, 148, 150 Tulk v. Metropolitan Board of Works 379 Tunbridge, Allen r 236, 270 Turberville v. Stampe 229 Turfery, Cloud v 268 Turpin, Jenks v 55 Tynemouth Rural District Council, R. v. , 202 U. Usher, Skinner v 269,285 V. Vann, R. v 475 Vaughan v. South Metropolitan Cemetery Co 476 w. Waghorn, Smith r 44 Waite v. Garston Local Board ... 101 Walker, Moseley v 224 r. Stretton 8,278 Walter, Hitchcock r. 478 Wandsworth District Board of Works, Cooper v 210 Wandsworth District Board of Works, Tinkler v 23, 177,452 Wanstead Local Board of Health v. Hill 514 Wanstead Local Board of Health v. Wooster 42, 44 Ward, Northampton (Mayor of), . 219 Warings v. Griffiths 474 Walton, Midland Rail. Co. r. ... 81 Watson r. Gray 89 Webb, Lemon r 386 Wells Corporation, Collin* < . ... 235 West Hartlepool Commissioners v. Levy 202 XXV111 TABLE OF CASES. PAGE Western r. Arnold 89 Whalley, Pope r 225 Wheatley, R. r 66 VVhitaker r. Derby Urban Sanitary Authority 66 Whitchurch, Ex parte 65,66 , R. v 67 White, Stretch r. 221 r. Yeovil (Mayor, etc., of) ... 222 Widnes Corporation, Wood v. 23, 177, 452 Wigan Burial Board, Cronshaw v. 476 Willesden Local Board, London and Provincial Laundry Co. -v. ... 22 Willett, Wiltshire v 226 Williams v. Groves 278 v. Powning 81 r. Williams 475 . , In re Dixon 475 Williamson v. Norris 221 Wilson v. St. Giles, Camberwell (Vestry of) 81 Wiltshire JJ., Amesbury Union r. 33 r. Baker 225 v. Sidford 89 r. Willett 226 Wirral Union, Eccles v 81 Withington Local Board r. Man- chester Corporation ... ... 519 Withington v. Manchester 95 PAGE Withington Urban District Council . Moore 211 Wood f. Headingley-cum-Burley Burial Board 476 Wood, R.i' 9 r. Widnes Corporation ... 23, 177, 452 Woodruff, Townend v. 231 Woods, Newtonwards Commission- ers c. 221 Woolwich Local Board r. Gardiner 222 Wooster, Wanstead Local Board of Healths 42,44 Worth r. Brown 446 Wortley v. Nottingham Local Board 224, 233 Wright r. Ingle 90 r. Stavert 441 Wrighton, Buckle r 268 Wyrill, James v 82, 83, 305 Y. Yard v. Ford 223 Yarmouth (Mayor, etc., of) v. Groom 219 Yeovil (Mayor, etc., of), Whiter. ... 222 Young v. Edwards 199 ADDENDA. Building Regulations in Rural Districts. CONSIDERABLE prominence having been given to this matter recently, it has been thought advisable to direct attention in a somewhat special manner to the remarks on pp. 77 and 78, as to the powers exercisable by the council of any rural district adopting Part III. of the Public Health Acts Amend- ment Act, 1890, and having no such further "urban powers" as could only be conferred upon them by an order of the Local Government Board. It will be seen from the detailed explanation given in the text as to the byelaws which such a rural district council are empowered to make, and those which they cannot make respectively, that the construction of buildings generally can only be regulated, in such a case, in so far as it affects health. The council cannot, for instance, adopt the model byelaws with respect to the structure of walls and foundations " for securing stability and the prevention of fires " ; but they can adopt model clauses 10, 17 and 27, which relate to the concreting of sites, the provision of damp courses, and the coping of walls if carried up above the roof, and which are regarded as byelaws " for purposes of health." A series consisting of the model clauses mentioned on p. 77, viz. : 10. Sites to be asphalted or concreted ; 17. Damp courses in walls ; 83-59. " With respect to the sufficiency of the space about buildings to secure a free circulation of air, and with respect to the ventilation of buildings " ; 60 66. " With respect to the drainage of buildings " ; XXX ADDENDA. 67 89. "With respect to waterclosets, earthclosets, privies, ashpits, and cesspools in connexion with buildings"; and 90. " With respect to the closing of buildings or parts of buildings unfit for human habitation, and to prohibi- tion of their use for such habitation " ; with proper interpretation and exemption clauses, and proper provisions as to notices, deposit of plans, etc., would be suitable, it is thought, to any rural district in which byelaws as to buildings are required at all. It may be doubted whether there is any rural district in which such a code would operate oppressively, or in which its provisions could truly be said to be unnecessary, if all the conditions of life are taken into account. It would not prevent the construction of wooden cottages, or of buildings with thatched roofs, although the danger of fire and the sanitary disadvantages arising from the erection of wooden dwellings, with nothing to regulate the construction of their roofs and chimneys, must be sufficiently obvious. Whatever is to be gained by such means in the way of cheapness of construction and picturesqueness of effect would therefore be retained ; and the series would certainly provide as to many matters with regard to which the structure and sanitary requirements of buildings in the country, where no byelaws are in force, are often much worse than in towns. Clauses as to the flushing of waterclosets (see vol. ii., p. 29) ; the height of rooms intended for human habitation (ib. p. 27) ; and the alteration of buildings (ib. pp. 29 32) might be added if thought well. Where, by an order of the Local Government Board, the rural district council have obtained more extensive powers with regard to buildings than they would have secured by the mere adoption of Part III. of the Public Health Acts Amendment Act, 1890, so far as it can be adopted for a rural district, it may be worth mentioning that it is not obligatory upon them to exercise all the powers conferred upon them, although it may be said that, if not wanted, the powers should not have been applied for. They could adopt a similar series to that which is above described, as though they had no further powers with regard to new buildings. ADDENDA. XXxi Assuming, however, that a need of more comprehensive regulations, dealing among other matters with the materials and structure of walls, roofs and chimneys, is felt to exist as regards the more populous portions of the district, there is nothing to prevent two separate series being framed, the one applying to the whole district for which urban powers have been obtained the regulations " for purposes of health " which are contained in the clauses mentioned above ; and the other prescribing as regards the more populous places only the requirements of the model byelaws " with respect to the structure of walls, foundations, roofs, and chimneys for securing stability and the prevention of fires." Whether, in a case where the local authority had power to prohibit the construction of wooden buildings, a clause per- mitting such erections in outlying portions of the district would be allowed by the Local Government Board, is a matter on which no opinion can be expressed here ; but it is probable that it would not be allowed without special consideration, or without reference to special circumstances. The case of the wooden house of Norway, which is sometimes referred to as an example of wooden construction prohibited by the model byelaws, has no analogy in the much flimsier constructions of wood which have done duty as dwellings in rural districts in this country ; and to say the least, it seems contrary to sound policy for a local authority specially invested with power to regulate the construction of buildings with reference to their stability and the prevention of fires, to go out of their way to provide for the erection of cottages the external walls of which are formed of a comparatively unsubstantial framework of wood, covered outside with weather-boarding and inside with lath and plaster. If, however, wooden buildings are allowed at all, it is suggested that the size of them should be limited, that they should not be within a prescribed distance of other buildings not in the same curtilage, and that their roofs and chimneys should be constructed in accordance with the require- ments of the model byelaws. On grounds of health also, a better mode of construction than was formerly considered good enough ought in any case to be insisted upon. A wooden building, if intended for human habitation, ought to be raised off the ground by means of dwarf walls or piers of brick or stone, having proper , damp courses ; and the site of the building ought to be asphalted or concreted as required by model clause 10. XXX11 ADDENDA. Places ivhere the Towns Improvement Clauses Act, 1847, is in force. In addition to the clauses mentioned in the text, the following may require consideration where the provisions of the Towns Improvement Clauses Act, 1847 (10 & 11 Viet, c. 34), are incorporated with any local Act, viz., model clauses 11 and 52 of the series with respect to new streets and buildings. (See s. 109 of the Act of 1847.) MODEL BYELAWS INTRODUCTION. INTRODUCTION. PART I. THE first issue of the Local Government Board's Model First issue Byelaws took place in July, 1877, and comprised nine principal Gov^^ient series. A Circular Letter, dated the 25th July, 1877, was issued B ard of by the Board with the series in question, in which they stated i a ^ g f ye ~ that "in the preparation of these forms the Board have not circular of hesitated to seek assistance from advisers whose practical ^ cal -i-ii-.-. ,, trovernment experience rendered their criticism of the proposed clauses of Board (25th especial value. Thus, through the ready co-operation of the July > 1877 )- authorities of the city of London, the Board have been enabled to obtain from the officers charged with the superintendence of the markets of that city many useful observations upon the clauses suggested as byelaws for the regulation of provincial markets. From the varied and extensive information at the disposal of the Commissioners of Police of the Metropolis, the Board have derived much assistance in the compilation of the series relating to hackney carriages and common lodging- houses. The Board have been also favoured with a very comprehensive and elaborate statement of the views of the Koyal Institute of British Architects upon the byelaws for the regulation of new streets and buildings. " Equal care has also been bestowed upon the work of rendering the model series free from objection upon legal grounds. The Board have endeavoured to exclude every provision of doubtful validity, and to confine the clauses strictly within the limits imposed by the statutory enactments by which they are authorised." Each series was accompanied by a memorandum indicating Prefatory the points of chief importance to which, in the opinion of the memoranda - Local Government Board, it was necessary to direct the attention of local authorities in connection with the special B 2 MODEL BYELAWS. subjects to which the series relates. The Circular Letter of the Department also contained some explanatory observations affecting particular series. Subsequent A similar plan was followed by the Department in subsequent model series, issues of Model Byelaws under the Public Health Act, 1875, and incorporated enactments. The last of these completing the plan of the original issue was made on the 25th July, 1882. In all sixteen principal series have been issued, the subjects of which are as follow : Subjects of I.. (a\ The cleansing of footways and pavements ; the Model Byelaws. () The removal of house refuse from premises ; and (c) The cleansing of earthclosets, privies, ashpits and cesspools belonging to premises. (38 & 39 Viet. c. 55, s. 44.) II. The prevention of nuisances arising from snow, filth, dust, ashes, and rubbish, and the prevention of the keeping of animals on any premises so as to be injurious to health (ib.). III. Common lodging-houses (ib. s. 80). IV. New streets and buildings (ib. s. 157). V. Markets (10 Viet. c. 14, s. 42; 38 & 39 Viet. c. 55, s. 167). VI. Slaughterhouses, other than those provided by local authorities* (10 & 11 Viet. c. 34, s. 128; 38 & 39 Viet. c. 55, s. 169). VII. Hackney carriages (10 & 11 Viet. c. 89, s. 68 ; 38 & 39 Viet. c. 55, s. 171). VIII. Public bathing (10 & 11 Viet. c. 89, s. 69; 38 & 39 Viet, c. 55, s. 171). IX. (i.) Public baths ; (ii.) Public washhouses ; * Supplementary Model Byelaws (London : Shaw and Sons), now in the press. INTRODUCTION. (iii.) Open bathing places ; and (iv.) The duties of the officers and servants of public baths and washhouses and open bathing places. (9 & 10 Viet. c. 74, s. 34, and Sched. A.) X. Pleasure grounds (38 & 39 Viet. c. 55, s. 164). XI. Horses, ponies, mules, or asses standing for hire (38 & 39 Viet. c. 55, s. 172). XII. Pleasure boats and vessels (ib.). XIII. Houses let in lodgings, or occupied by members of more than one family (ib. s. 90). XIV. Cemeteries (38 & 39 Viet. c. 55, s. 141 ; 42 & 43 Viet, c. 31, s. 2). XV.- Mortuaries (38 & 39 Viet. c. 55, s. 141). XVI.- Certain offensive trades, viz. : (a) The trade of a blood boiler ; (b) blood drier ; (c) ,, bone boiler ; (d) ,, fell monger; (e) ,, tanner; (/) ,, leather dresser ; (g) ,, soap boiler; (h) tallow melter ; (i) fat melter, or fat extractor ; (j) tripe boiler ; (k) glue maker; (I) ,, size maker ; and (m) gut scraper (ib. B. 113). The sixteen series above mentioned have been supplemented Subjects not by the subsequent issue by the Local Government Board, of S Model Byelaws as to hop pickers' and fruit pickers' lodgings series. (38 & 39 Viet. c. 55, s. 314 ; 45 & 46 Viet. c. 23), and tent and MODEL BYELAWS. van dwellings, etc. (48 & 49 Viet. c. 72, s. 9). Other subjects on which byelaws can be made by local authorities under the Public Health Acts and incorporated enactments, but as to which no model form of clauses has been issued by the Depart- ment, are public slaughterhouses (38 & 39 Viet. c. 55, s. 169, first paragraph) ; omnibuses (52 & 53 Viet. c. 14)"; and the various matters on which byelaws are authorised by the Public Health Acts Amendment Act, 1890 (53 & 54 Viet. c. 59). As to all of these, reference may be made to a companion volume to the present work.* PART II. Series requir- The following series of the Model Byelaws cannot be adopted powers ky a rural district council unless the council have been invested by an order of the Local Government Board with the powers of an urban district council under the enactments authorising the byelaws to be made, viz. : Series II. Nuisances (Public Health Act, 1875 (38 & 39 Viet. c. 55, s. 44) ) ; IV. New Streets and Buildings (ib. s. 157) ; VI. Slaughterhouses (ib. s. 169) ; VII. Hackney Carriages (ib. s. 171 (4) ) ; VIII. Public Bathing (ib. s. 171 (5) ) ; X. Pleasure Grounds (ib. s. 164) ; XI. Horses, Ponies, etc. (ib. s. 172) ; XII. Pleasure Boats (ib. s. 172) ; XVI. Offensive Trades (ib. s. 113). By whom The power to issue such orders is conferred upon the Local for pl owere Government Board by section 276 of the Public Health Act, can be made. 1875, and may be exercised by that Board on the application either of the rural district council, or of the county council ; Supplementary Model Byelaws (London : Shaw and Sons), now in the press. INTRODUCTION. 7 or in the case of any particular parish, or part of a parish having a parish council, of the parish council. An application may also be made by persons rated to the relief of the poor to the amount of one-tenth at least of the net rateable value of any rural district, or of any contributory place therein (38 & 39 Viet. c. 55, s. 276 ; 56 & 57 Viet. c. 73. s. 25 (7) ). Any local authority proposing to apply for an order con- Applications, ferring " urban powers " upon the rural district council, should pass a resolution directing the application to be made, and a copy of the resolution should be forwarded to the Local Government Board. The resolution should specify the enact- ment or enactments under which it is desired that powers should be conferred, and the contributory place or places in respect of which they are desired ; and the copy forwarded to the Local Government Board should be accompanied by a statement in brief, but explicit, terms of the reasons which induce the local authority to make the application. With regard to certain matters, the application for urban powers should not be limited to the particular enactment authorising the making of byelaws on the subject. Thus, if the power sought is that of making byelaws as to slaughter- slaughter- houses, the local authority should apply that both the second houses - and the third paragraph of section 169 of the Act, and also section 170, may be put in force, as it would seem that the last two enactments should be in operation wherever the second paragraph of section 169 applies. The Local Government Board will probably require to be informed in this case of the number of slaughterhouses in each of the contributory places to which the application relates. If the powers of section 113 of the Act (relating to offensive Offensive trades) are applied for, the application should extend to sections tr 112, 114 and 115. Where power to make byelaws as to new streets and build- T T f i- gs is applied for, the applicatio of the Act, as well as section 157. T T f i- ,1-1 i -i m buildings. ings is applied for, the application should extend to section 158 Additional powers to make byelaws as to new streets and Powers under buildings are contained in section 23 of the Public Health Acts jj^jj, Act8 Amendment Act, 1890 (53 & 54 Viet. c. 59). By adopting so Amendment much of Part III. of that Act as applies to a rural district Act ' 1( MODEL BYELAWS. council, the council may, under section 23 (3) of the Act, obtain certain of these powers, as regards new buildings, without any order of the Local Government Board. But without adopting Part III. of the Act of 1890, they may, if they think necessary, apply to that board to put in force within the contributory places where byelaws are required sections 157 and 158 of the Act of 1875, and section 23 (1), (2) and (4) of that of 1890. In that case the application should extend to sections 25 and 33 of the latter Act. PART III. Considers- The characteristics of a byelaw were thus described by byeTaw? Cting Lord RUSSELL, C.J., in Kruse v. Johnson, [1898] 2 Q. B. 91 : generally. " A byelaw ... I take to be an ordinance affecting the public, or some portion of the public, imposed by some authority clothed with statutory powers ordering something to be done or not to be done, and accompanied by some sanc- tion or penalty for its non-observance. It necessarily involves restriction of liberty of action by persons who come under its operation as to acts which, but for the byelaw, they would be free to do or not do as they pleased. Further, it involves this consequence, that, if validly made, it has the force of law within the sphere of its legitimate operation." It is enacted by section 182 of the Public Health Act, 1875, that, "No byelaw made under this Act by a local authority shall be of any effect if repugnant to the laws of England or to the provisions of this Act." A byelaw to be in harmony with the laws of England must be certain and determinate, and likewise reasonable. In determining the validity of a byelaw made by a public representative body, the court is slow to hold that a byelaw is void for unreasonableness (Kruse v. Johnson, supra), the aim being to construe it so as to give reasonable effect to the object aimed at (Walker v. Stretton (1896), 60 J. P. 313; 44 W. R. 525). A byelaw so made will be supported unless it is manifestly partial and unequal in its operation between different classes, or unjust or made in bad faith, or clearly involving an unjustifiable interference with the liberty of the subject (Kruse v. Johnson, supra). INTRODUCTION. The Local Government Board have made some pertinent observations on this point : " The Board have, from time to time, had occasion to point out to sanitary authorities that the assumption in their byelaws of the power of suspending the operation of particular provisions in individual cases is open to much objection. Frequently the conditions under which this power may be exercised have been left undetermined in the byelaws ; and the result is to impart a general uncertainty to provisions of which the precise scope should be clearly defined. Again, the Board have been called upon to criticise byelaws which, while purporting to lay down rules enforceable by penalties, ignore the necessary details, and substitute vague conditions which render compliance with the byelaws dependent upon the approval, by the sanitary authority or their officers, of the mode of proceeding in each case. Such byelaws also are open to objection on the ground of uncertainty, and they do not fulfil the purpose for which the power of making byelaws was conferred upon sanitary authorities. The Board think that every person who, by neglect of the rules which a byelaw is intended to prescribe, may be rendered liable to a penalty is entitled to demand from those who impose such rules a clear statement of the course of action which must be followed or avoided. " Further, a byelaw must be reasonable. The exercise of the power which the legislature has confided to sanitary authorities must frequently bring them into contact with important interests. Within certain limits, they may regulate the conduct of persons employed in certain specified callings. They may impose restrictions upon the enjoyment of individual rights and privileges. Trade and property may, under certain conditions, be affected by their action. These considerations point to the necessity for prudence and deliberation in the choice of byelaws, so that the duties and restraints which they create may not interfere oppressively with individual freedom of action. "A byelaw under the Public Health Act, 1875, will also be invalid if it be repugnant to the provisions of that Act. Parliament has specified a variety of purposes for which byelaws may be made. For those purposes alone are byelaws authorised ; and, as the Court of Queen's Bench decided in the case of R. v. Wood (1855), 5 E. & B. 49; S. C. nom. R. v. Rose, 24 L. J. (N.S.) M. C., 130; 1 Jur. (N.S.) 802, sanitary 10 MODEL BYELAWS. authorities cannot legally assume the power of making byelaws for carrying out the general objects of the Act. It follows, therefore, that every byelaw must be strictly limited with reference to the terms of the specific enactment from which its force is derived. Any attempt, by the strained construction of any such enactment, to extend the range of a byelaw should especially be avoided. But, while it is of primary importance in framing a byelaw to consider closely the language of the statutory provision which declares its purpose, the exact meaning of that language can never be safely determined without careful comparison of other enactments relating to the same or to kindred topics. " It must always be remembered that byelaws are designed to supplement, and not to vary or supersede the express provisions of the statute law. In the Public Health Act, 1875, and in the incorporated clauses, the subjects of byelaws may sometimes appear identical with those of specific enactments. But, in all such cases, a closer examination will show that the subjects are not really identical. " And, however difficult it may be to detect the points of difference in a few exceptional instances, a safe rule may be deduced from the obvious considerations that a byelaw which merely repeats a statutory enactment is, to that extent, surplusage, and that a byelaw which aims at altering or amending such an enactment is rendered invalid by the proviso in section 182 of the Public Health Act, 1875." (Circular Letter, July, 1877.) PART IV. Procedure in The following remarks may be added in explanation of the b^i" 1 ^ 1118 method of procedure which should be adopted by local autho- to Local rities in submitting proposed byelaws for preliminary con- sideration of the Local Government Board. The Department issue in connection with each series of model clauses, a " draft form " on foolscap paper, with wide margin for annotation. Copies of these forms will be supplied to any local authority on application to the Department, either in writing, or otherwise. In making such application, the subjects upon which it is INTRODUCTION. H intended to make byelaws should be distinctly stated. When the necessary forms have been received, they should be com- pleted by filling in the blank spaces, etc., and in this condition should be submitted to the Local Government Board for revi- sion. Any alterations that maybe necessary to adapt the model clauses to the circumstances of the district should be shown, if not of considerable extent, in the margin of the forms ; but where new clauses are inserted, either in addition to, or in substitution for, any of the model byelaws, they should be written on foolscap paper, with half margin for notes, and be interleaved in their proper places in the draft. Up to this point, no formal steps should have been taken by Formal the local authority with a view to the adoption of the byelaws. be deferred! If the course above indicated be followed, the Local Govern- j ment Board will be readily able to direct their attention to the Government variations (if any) from the model that are proposed by Boar(l - the local authority, and to state their views upon any points which may arise. When the revision has been completed, and the local authority have been informed of the decision of the Local approvedf Government Board with regard to the allowance or disallow- byelaws to be ance of the several clauses, a printed copy of the revised series should be obtained for adoption by the local authority. The print should be carefully compared with the draft, with a view to the correction of all errors. Before the byelaws can be confirmed, two preliminary con- Preliminary ditions have to be complied with. Notice of intention to nf e v n e t r and apply for confirmation must be given in at least one of the deposit of the local newspapers circulating within the district, one month at least before the application for confirmation is made ; and for one month at least before the application, a copy of the proposed byelaws must be kept at the office of the local authority, and must be open during office hours thereat, without fee or reward. Further, the clerk of the local autho- rity is required, on the application of any ratepayer, to furnish him with a copy of the proposed byelaws, or any part thereof, on payment of sixpence for every hundred words contained in the copy. (See 38 & 39 Viet. c. 55, s. 184.)* * Note that byelaws under the Baths and Washhouses Acts do not require to be deposited for inspection, or advertised, before application is made for the " approval " of the Local Government Board. 12 MODEL BYELAWS. Terms of ad- vertisement. Revised draft to be deposited. Adoption of byelaws under seal. Application for confirma- Objections. When the The notice of intention to apply for confirmation should be so framed as to show that the byelaws will be deposited for a full calendar month from and after the date of the first publi- cation of the advertisement, and not merely from the date of the notice. Although it may be convenient that a print, or other fair copy of the proposed byelaws should be deposited for the inspection of the ratepayers, experience suggests that it may be advisable also to deposit the draft which has been revised by the Local Government Board. Occasionally, this may obviate the necessity for a second advertisement and deposit in consequence of some undetected, but material, error in the fair copy. The necessary advertisement having been duly given, and a full calendar month having elapsed from the date of its first publication in a newspaper, a printed copy of the byelaws should be adopted by the local authority under their common seal. The sealing should be properly attested, and the actual date of sealing should be inserted in the attestation. In the case of a parish council who are not entitled to use a common seal, the byelaws should be signed, at a meeting of the council, by the chairman presiding at the meeting, and two other members of the council, and each of the signatories should affix his own seal. A wafer or any other kind of seal will be sufficient for the purpose. The byelaws should now be forwarded to the Local Govern- men t Board, with an application in specific terms for confirma- tion by them ; and the application should be accompanied (a) by the revised draft ; (6) by a copy of the newspaper containing the first publication of the notice of intention to apply for confirmation of the byelaws ; and (c) by a statement that the byelaws have been deposited in accordance with such notice for a full calendar month subsequently to the date of publication of the newspaper. Should any objections have been made to the proposed byelaws by persons locally interested, the Local Government Board will no doubt deem it necessary to consider the grounds of objection ; but otherwise, assuming that the foregoing instructions have been fully complied with, no further action on the part of the local authority will be necessary before confirmation is given; and the byelaws will come into force immediately on being confirmed. INTRODUCTION. 13 With regard to the confirmation of certain byelaws, in- Confirmation eluding byelaws made under section 128 of the Towns Improve- byelaw^" 1 ment Clauses Act, 1847, as to slaughterhouses ; byelaws under sections 68 and 69 of the Town Police Clauses Act, 1847, as to hackney carriages and public bathing ; and byelaws under section 42 of the Markets and Fairs Clauses Act, 1847, as to markets, reference should be made to the provisions of the Public Health (Confirmation of Byelaws) Act, 1884 (47 Viet. c. 12). A byelaw required to be confirmed by the Local Government Effect of Board does not require confirmation, allowance, or approval by on ^ tion any other authority (38 & 39 Viet. c. 55, s. 184). All such Government byelaws, when confirmed, have the force of law. PART V. Among other provisions in the Public Health Act, 1875 Publication (38 & 39 Viet. c. 55), relating directly or indirectly to byelaws, attention may be directed to the following : All byelaws made by a local authority under the Act, or, for purposes the same as or similar to those of the Act, under any local Act, are to be printed and hung up in the office of the authority, and a copy thereof is to be delivered to any ratepayer of the district to which such byelaws relate, on his application for the same (section 185) . A copy of any byelaws made under the Act by a local authority (not being the council of a borough), signed and certified by the clerk of such authority to be a true copy, and to have been duly confirmed, will be evidence, until the contrary is proved, in all legal proceedings, of the due making, confirmation, and existence of such byelaws, without further or other proof (section 186) . In the case of byelaws made by the council of a borough, section 24 of the Municipal Corporations Act, 1882 (45 & 46 Viet. c. 50), provides that the production of a written copy of a byelaw made by the council under that Act, or under any former, or present, or future general or local Act of Parliament, if authenticated by the corporate seal, shall, until the contrary is proved, be sufficient evidence of the due making and 14 MODEL BYELAWS. existence of the byelaw, and, if it is so stated in the copy, of the byelaw having been approved and confirmed by the authority whose approval or confirmation is required to the making or before the enforcing of the byelaw. Destruction, Any person who destroys, pulls down, injures, or defaces any boards E 8 board on which any byelaw is inscribed will, if the same was put up by authority of the local authority, be liable for every such offence to a penalty not exceeding five pounds (38 & 39 Viet. c. 55, s. 306). SERIES I. SCAVENGING SCAVENGING. MEMORANDUM. BY section 44 of the Public Health Act, 1875 (38 & 39 Viet. 38&39Vict. c. 55), it is enacted that " where the Local Authority do not c * 55) 8 * **' themselves undertake or contract for " The cleansing of footways and pavements adjoining any premises ; " The removal of house refuse from any premises; "The cleansing of earthclosets, privies, ashpits, and cesspools belonging to any premises ; " they may make byelaws imposing the duty of such cleansing or removal, at such intervals as they think fit, on the occupier of any such premises." On reference to section 42 it will be seen that every Local Action f I 1 Authority may, and when required by order of the Local authority Government Board shall, themselves, undertake or contract for under s. 42 the removal of house refuse from premises, and the cleansing of earthclosets, privies, ashpits, and cesspools, either for the whole or any part of their district. Moreover, every Urban Authority, and any Rural Authority invested by the Local Government Board with the requisite powers may, and when required by order of the Board shall, themselves, undertake or contract for the proper cleansing of streets. In such cases the necessity for byelaws under the first part of section 44 ceases. With regard to the scope of byelaws under that enactment, Scope of it should be observed that the byelaws must be limited to f^ 6 b; imposing upon the occupier the duty of cleansing or removal, at such intervals as the Sanitary Authority may think fit. The mode of cleansing or removal, and the precautions to be 18 SERIES I. SCAVENGING, observed in connection with the process are not matters within the range of such byelaws. JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1877. In connection with the foregoing memorandum, attention may be directed to the following explanatory notes : Authorities competent to make the byelaws. It will be seen that it is only " where the local authority do not themselves undertake or contract for " the work, that the authority can make byelaws imposing on occupiers the duties of cleansing and removal referred to in so much of s. 44 of the Public Health Act, 1875, as is cited in the memorandum. It would seem that if any duty in connection with the removal of house refuse is undertaken by the local authority (even though they only remove such refuse when placed by the occupiers outside their houses), no byelaw on the subject can be made by them under this section. If they perform any part of the work referred to as " the cleansing of earthclosets, privies, ashpits, and cesspools," it is considered that they cannot by means of byelaws make it the duty of occupiers to do any other part of that work. Supposing, therefore, that the local authority undertake the removal of the contents of earthclosets and privies, they cannot, on this view, make a byelaw requiring the occupiers to cleanse cesspools, at any rate in that portion of their district in which the cleansing of earthclosets and privies is performed by them. Where, also, the cleansing of ashpits is performed by the local authority, they cannot, apparently make byelaws as to the cleansing of earthclosets, etc. The local authority cannot make byelaws under the above-cited enactment in the Public Health Act, 1875, if, by operation of any local Act, ss. 87 to 98 of the Towns Improvement Clauses Act, 1847, are in force in the district. In the case of any district which, though outside the county of London, is within the metropolitan police district, it would seem that the model clauses 1, 5, 6, and 8 of the annexed series must be omitted (see the Metropolitan Police Act, 1839 (2 & 3 Viet. c. 47), s. 60, and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), a. 142 (2) (a)). Subject to the above, these byelaws can be made by any urban district council, with respect to the whole, or to any portion of their district which can be clearly described in the byelaws by reference to a known and denned boundary, and by any rural district council with respect to their district generally, or to any particular contributory place or places therein. By s. 229 of the Public Health Act, 1875 (38 & 39 Viet. c. 55), the following areas situated in a rural district shall be contributory places for the purposes of that Act ; that is to say, " (1.) Every parish not having any part of its area within the limits of a special drainage district formed in pursuance of the Sanitary Acts or of this Act, or of an urban district ; and " (2.) Every such special drainage district as aforesaid ; and " (3.) In the case of a parish wholly situated in a rural district, and part of which forms or is part of any such special drainage district as afore- said, such portion of that parish as is not comprised within such special drainage district ; and MEMORANDUM. 19 " (4.) In the case of a parish a part of which is situated within an urban district, such portion of that parish as is not comprised within such urban district, or within any such special drainage district as aforesaid." Action under s. 42 to be considered. In all cases, before making bye- laws under the first part of s. 44 (the part cited in the memorandum), it will be desirable for the local authority to take into consideration the question whether the work of cleansing or removal can be properly performed by occupiers as frequently as is necessary with a due regard to health. In urban or semi-urban localities, where houses are numerous, and the garden plots attached to them very small, this may be extremely difficult ; and the local authority may be advised rather to undertake or contract for the work under s. 42, than to rely on the powers obtainable by means of byelaws. It may, in fact, be expected that whenever byelaws as to these matters are submitted to the Local Government Board, they will, before approving of the proposed byelaws, consider whether the circumstances of the district are such as to make it advisable that the work should be done by the local authority themselves. Scope of the byelaws. The mode of cleansing or removal, and the pre- cautions to be taken in connection with the process, fall, to some extent, within the scope of the model series as to nuisances. (See pp. 29 et seq.). These matters, therefore, should be excluded from any series made under the first part of s. 44 of the Act. Byelaws under Public Health Acts Amendment Act, 1890. Where, by reason of their undertaking or contracting for the removal of house refuse, the local authority are precluded from making byelaws on the subject under s. 44 of the Public Health Act, 1875, they may, under s. 26 (2) of the Public Health Acts Amendment Act, 1890, make other byelaws "imposing on the occupier of any premises duties in connection with such removal so as to facilitate the work " which they undertake or contract for. And under s. 9 of this Act all the provisions with respect to byelaws contained in ss. 182186 of the Public Health Act, 1875, and any enactment extending or amending those sections will apply to such byelaws. c 2 SERIES I. SCAVENGING. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Boards preliminary approval before they are adopted by the local authority.] BYELAWS MADE BY THE * WITH EESPECT TO THE CLEANSING OF FOOTWAYS AND PAVEMENTS, THE EEMOVAL OF HOUSE REFUSE, AND THE CLEANSING OF EARTHCLOSETS, PRIVIES, ASHPITS, AND CESSPOOLS IN f The cleansing of footways and pavements adjoining any premises. Cleansing of 1. The occupier of any premises fronting, adjoining, or footways and abutting on any street shall, once at least in even/ daii, pavements. j -, bundays excepted, cleanse the footways and pavements adjoining such premises. Cleansing of footways, etc. The provision in s. 44 of the Public Health Act, 1875, authorising the making of this byelaw refers to the cleansing of footways and pavements "adjoining any premises" ; but the power to make the byelaw being dependent on the local authority not undertaking or con- tracting for the work referred to, and the enactment in s. 42 being one as to the proper cleansing " of streets," the model clause is limited to footways and pavements adjoining premises fronting, etc., any street. " Street " in these byelaws has the same meaning as in the statute (see s . 4). For the words, " once at least in every day, Sundays excepted," other words requiring less frequent cleansing may be substituted ; but if this is done, the words inserted should be such as to ensure that the work will be performed at regular intervals. "Occupier." This term is not defined in the Public Health Acts, and cannot be defined by the byelaws. Who, in any particular case, is the legal occupier is a question to be determined, in the first instance, by the justices before whom any proceedings are taken for the enforcement of * " Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or, " Urban [or Rural] District Council of " ; as the case may be. + Insert name of borough or urban or rural district or, if the byelaws are to apply to part only of a rural district, "that portion of the Rural District of which comprises the contributory places of " ; as the case may be. CLEANSING OF FOOTWAYS AND PAVEMENTS. 21 the byelaw. Outside the metropolitan police district, the owner of empty or unoccupied premises cannot be made liable, as he would be within that area under s. 60 (6) of the Metropolitan Police Act, 1839 (2 & 3 Viet. c. 47). Places within the metropolitan police district. This clause must be omitted where the byelaws are made for a place which, though outside the county of London, is within the metropolitan police district. (See the Metro- politan Police Act, 1839 (2 & 3 Viet. c. 47), s. 60 (6), and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 142 (2) (a).) In the county of London the subject is provided for by s. 29 of the last-mentioned Act. The removal of house refuse from any premises. 2. The occupier of any premises shall, once at least in every Removal of week, remove the house refuse from such premises. Removal of house refuse. It will be observed that s. 44 of the Public Health Act, 1875, refers to " the removal of house refuse from premises " as well as to " the cleansing of ... ashpits . . . belonging to any premises." Accordingly the model series deals with the two matters separately. (Cf. clause No. 7.) But it is important that, as regards the period prescribed, the two clauses should agree. If, therefore, any alteration is made in this clause affecting the period of removal, a corresponding alteration should be made in clause 7. The two clauses do not exactly cover the same ground, as No. 2 requires the " removal " of house refuse from premises, while No. 7 refers to the " cleansing " of ashpits. A weekly removal of house refuse is probably suggested by the provision in s. 43 of the Public Health Act, 1875. But the model byelaws aim consistently at securing a twofold object the greatest practicable frequency of removal of all filth, and the limitation of the capacity of the receptacles in which filth may be stored in proximity to houses. Sir John Simon, K.C.B., F.K.S.,* in a Supplementary Report on Filth Diseases, etc., presented by him in 1874, assumes that the dustheap of every household contains more or less of decomposing organic matter ; and he urges that " scavenging arrangements in relation to house refuse ... must ... be framed with special reference to the fact that such refuse soon becomes highly offensive." What is "house refuse." House refuse does not extend to dust and ashes, the exclusive produce of manufactories (Lyndon v. Standbridge (1857), 26 L. J. Ex. 386 ; 2 H. & N. 45 ; 29 L. T. (o.s.) Ill ; and see Law v. Dodd (1848), 17 L. J. M. C. 65 ; 1 Ex. 845 ; 10 L. T. (o.s.) 286, 309). Ashes arising from coals burnt in the furnace of a steam engine used for the purpose of sawing and lifting timber and other materials for carrying on the business of a pianoforte manufacturer, were held not to be house refuse in Gay v. Cadby (1877), 2 C. P. D. 391 ; 46 L. J. M. C. 260 ; 36 L. T. (N.S.) 410 ; 41 J. P. 503. The local authority under an order of the Local Government Board are bound to remove refuse from a workhouse, even though such workhouse may by a local Act be rated at a less amount than other property in the parish or district (Holborn Union (Guardians of) v. St Leonard's (Vestry of), Shoreditch (1876), 2 Q. B. D. 145 ; 46 L. J. Q. B. 36 ; 35 L. T. (N.S.) 400 ; 24 W. R. 40 ; 40 J. P. 740). * Formerly medical officer of the Privy Council and Local Government Board. 22 SERIES I. SCAVENGING. House refuse probably does not include articles improperly placed in a dustbin, such as " broken glass, shoes, and other things which it might not be convenient otherwise to get rid of." Where such articles were removed, and were afterwards abstracted by the servants of a metropolitan vestry, it was held that the contractor for the removal of the house refuse was not entitled to compensation in respect of them (Collins v. Paddington (Vestry of) (1879), 48 L. J. Q. B. 345 ; 40 L. T. (N.S.) 843 ; 27 W. R. 504 ; 43 J. P. 367). A police magistrate acting under 18 & 19 Viet. c. 120, s. 129, decided that certain ashes from the furnaces of a hotel were not " refuse of trade " within this section, and declined to state a case on the ground that his decision was by the section final and conclusive, and that no point of law arose. It was held that there was a point of law involved, and the magistrate was required to state a case (Reg. v. Bridge (1890), 24 Q. B. D. 609 ; 59 L. J. M. C. 49 ; 62 L. T. (N.S.) 297 ; 38 W. R, 464 ; 54 J. P. 629). On a case being stated, it appeared that the appellants had refused to remove from the respondent's hotel, unless paid a reasonable sum for so doing, the ashes and clinkers produced in the furnaces of boilers used to generate steam for supplying power for the electric lighting of the respondent's hotel, for heating the public rooms and passages, for cooking, and for working the lift and pumping water. It was held that the ashes and clinkers were domestic refuse, and not the refuse of a trade manufacture or business (St. Martin's Vestry v. Gordon (1890), 59 L. J. M. C. 131 ; 62 L. T. (N.S.) 835 ; 54 J. P. 791 ; 6 T. L. R. 358 ; affirmed in C. A., [1891] 1 Q. B. 61 ; 60 L. J. M. C. 37; 64 L. T. (N.S.) 243 ; 39 W. R. 295 ; 55 J. P. 437 ; 7 T. L. R. 71). On the other hand, clinkers from the boilers of a steam laundry were held not to be house refuse in London and Provincial Laundry Go. v. Willesden Local .Board, [1892] 2 Q. B. 271 ; 67 L. T. (N.S.) 499 ; 40 W. R. 557 ; 56 J. P. 696. Byelaws under s. 26 (2), Public Health Acts Amendment Act, 1890. Although, if the local authority undertake any duty in connection with the removal of house refuse, they cannot include this byelaw in any series made by them under s. 44 of the Public Health Act, 1875, they aie empowered by s. 26 (2), of the Public Health Acts Amendment Act, 1890, where that enactment is in force, to make byelaws " imposing on the occupier of any premises duties in connection with such removal, so as to facilitate the work " of collection. But even where no such byelaws have been made, an occupier wilfully obstructing the scavengers of the local authority renders himself liable to penalties under s. 306 of the Public Health Act, 1875, and actual violence is not necessary to constitute wilful obstruction. (Cf. Borrow v. Howland (1896), 74 L. T. 787 ; 60 J. P. 391 ; 12 T. L. R. 414.) As previously mentioned, it is considered that the local authority cannot adopt the model clause 2 of this series, even where the action of the authority is limited to the removal of the house refuse when placed in tubs, etc., upon the pavements for the purpose ; but where this arrangement obtains, and the model series as to nuisances is adopted, the proviso suggested on p. 34 should be added to clause 4 of the latter series. The cleansing of earthclosets, privies, ashpits, and cesspools belonging to any premises. Cleansing of 3, The occupier of any premises shall, once at least in every wrth^fixed" three months, cleanse every earthcloset belonging to such receptacles." premises and furnished with a fixed receptacle for faecal matter CLEANSING OF EAETHGLOSETS, ETC. 23 and with suitable means or apparatus for the frequent and effectual application of dry earth to such matter. 4. The occupier of any premises shall, once at least in every Cleansing week, cleanse every earthcloset belonging to such premises and ciosets^ith furnished with a movable receptacle for faecal matter and with "movable suitable means or apparatus for the frequent and effectual rece P tacles< " application of dry earth to such matter. Earthclosets, etc., recognised by the Act. It should be clearly under- stood that earthclosets and privies in connection with buildings can be regulated, but not prohibited, by means of byelaws. The statute recognises these forms of privy accommodation, and as regards earthclosets, provides that enactments requiring the construction of waterclosets shall be deemed to be satisfied by the construction, with the approval of the local authority, of an earthcloset. (See ss. 3537 of the Public Health Act, 1875.) The fact, therefore, that waterclosets may be in general use in their district, should not be regarded by the local authority as a reason for not including in their byelaws provisions as to earthclosets and privies. In connection with this it may also be mentioned that the local authority cannot, under s. 36, lay down any general rule requiring waterclosets to be substituted for privies throughout their district. They are bound to exercise their discretion. in each particular case (Wood v. Widnes Corporation, [1898] Q. B. 463 ; 62 J. P. 117; Robinson v. Sunderland (Mayor of) (1898), 62 J. P. 216 ; Tinkler v. Wandsworth District Board of Works (1858), 27 L. J. Ch. 342 ; 2 De G. & J. 261 ; 30 L. J. (o.s.) 146; 22 J. P. 223). Consequently a. notice in accordance with a general resolution, and requiring compliance with its provisions is invalid (ibict). But when the local authority have decided that the existing accommodation is insufficient, they have power to order what works shall be done as each "case may require." Where they do the work and recover the amount before the justices, the justices administerially cannot take into their consideration whether the accommodation existing before the notice was sufficient or not (Sherborne Local Board v. Bogle (1880), 46 J. P. 675 ; St. Luke's Vestry v. Lewis (1862), 1 B. &. S. 865 ; 31 L. J. M. C. 73 ; 5 L. T. (N.S.) 608 ; 26 J. P. 262). The only method of questioning the decision of the local authority is by appeal to the Local Government Board under s. 268 of the Public Health Act, 1875. What constitutes an earthcloset. Without referring particularly to the different kinds of closet which may be classed under the head of "earth- closet," it may be observed that s. 37 of the Act defines the term as including " any place for the reception and deodorization of faecal matter constructed to the satisfaction of the local authority." Proper means or apparatus for the application of a deodorant to the fasces are a necessary feature of an earth- closet for the purposes of these byelaws, and a necessary condition of the retention of excremental matter in the closet for the time allowed by the byelaws. Clauses 3 and 4 deal respectively with the two classes into which earthclosets (whatever the special nature of their construction) may be divided, viz., earthclosets with fixed receptacles, and those with movable receptacles. By an "earthcloset with a fixed receptacle" is meant one in which excreta and dry earth, or other deodorizing substance, are deposited on the bottom or floor of a chamber or space beneath the seat. The " movable receptacle " referred to in clause 4 is, of course, a pail or other like convenience SERIES I. SCAVENGING. for receiving the filth which falls through the aperture in the seat. The construction of earthclosets is regulated, where the model series as to streets and buildings is in force, by clauses 67, 68, and 7072 of that series (post). Periods of cleansing. The object aimed at in clause 4 of the present series, as well as in a clause (No. 73A in the series as to streets and buildings, p. 186) dealing with the limitation of size of the movable receptacles in the case of earthclosets, is facility of handling. If accumulations of more than one week are allowed, the pails become too heavy for the scavengers to manage easily. Larger accumulations may be regarded as perfectly safe from a sanitary point of view in the case of properly constructed closets in which dry earth is used. But, for practical purposes, the limit for the retention of excreta in an earthcloset may be said to be reached at the end of every three months, or every week if the receptacle is intended to be removed for cleansing. Supply of deodorants. The local authority may themselves undertake or contract for the supply to houses of dry earth or other deodorizing substance for use in connection with earthclosets (s. 37 of the Public Health Act, 1875). As to the most suitable deodorant for this purpose, it should be mentioned that chalk, sand, and gravel are practically valueless. Loamy surface soil, vegetable mould, brick earth of the drift, or clay, when dried, are all suitable. If, however, heat is used in the drying process, care must be .taken that too high a temperature is not reached, as this will destroy the microbic life in the soil. Ashes are not an efficient substitute for dry earth, and should not be recognised as such. Cleansing 5. The occupier of any premises shall, once at least in every with'^fixed week, cleanse every privy belonging to such premises and receptacles." furnished with a fixed receptacle for faecal matter.. Cleansing of 6. The occupier of any premises shall, once at least in every ^movable 111 wee ^' cleanse every privy belonging to such premises and receptacles." furnished with a movable receptacle for faecal matter. Cleansing of privies. It will be seen that the model byelaws divide " privies," as well as earthclosets, into two main categories those having fixed receptacles for filth, and those having movable receptacles. As to what is meant by the terms " fixed receptacle " and " movable receptacle," see note on clauses 3 and 4. The byelaws in effect further distinguish between privies constructed in connection with ashpits and those not so constructed (see clauses 7 and 8). But for the purposes of cleansing no distinction is made ; a weekly cleansing being suggested in each case. Inconvenience might be found to be occasioned if the periods of cleansing prescribed by clauses 2 and 5 8 did not agree, and for purposes of health it is most important that weekly cleansing at least should be adhered to in the case of privies. The structure of privies and their position in relation to buildings, etc., are intended to be regulated by clauses 73 to 79 of the model series with respect to new streets and buildings (post). Places within the metropolitan police district. It would seem that these two clauses should be omitted where the byelaws are made for any place within the metropolitan police district (see 2 & 3 Viet. c. 47, 8. 60). CLEANSING OF EARTHCLOSETS, ETC. 25 7. The occupier of any premises shall, once at least in every Cleansing of week, cleanse every ashpit belonging to such premises and used connected * only as a receptacle for ashes, dust, and dry refuse. with privies. 8, The occupier of any premises shall, once at least in every Cleansing of week, cleanse every ashpit belonging to such premises and used connexion in connection with a privy as a receptacle for faecal matter, with privies, together with ashes, dust, and dry refuse. What is an ashpit. The term " ashpit " is not denned in the Public Health Act, 1875 ; but by s. 11 (1) of the Public Health Acts Amendment Act, 1890, it is denned as including any ashtub or other receptacle for the deposit of ashes, faecal matter, or refuse. The model byelaws treats ashpits as of two kinds, one in which the ashpit is used only for the reception of ashes, dust, and dry refuse, and the other where it is connected with a privy and receives faecal matter as well as ashes, etc. As to the construction, etc., of ashpits, see clauses 80 85, of the series relating to new streets and buildings (post). Places within the metropolitan police district. Clause No. 8 must be omitted where the byelaws are made for a place within the metropolitan police district (see 2 & 3 Viet. c. 47, s. 60). 9. The occupier of any premises shall, once at least in every Cleansing of three months, cleanse every cesspool belonging to such premises. ce8s P ls - Cesspools. Cesspool drainage cannot be prevented except with regard to new buildings in an urban district where there is a public sewer within one hundred feet of the house (ss. 23, 25 of the Act). The model byelaws, therefore, are concerned with the proper construction of such means of drainage and their regular cleansing in such a way as to prevent nuisance. (Cf. clauses 4 to 6 of the series as to nuisances (pp. 33 et seq.), and clauses 86 to 89 of the model byelaws relating to new streets and buildings (pp. 33 et seq.). Wherever possible the contents of cesspools should be pumped direct from the receptacle into a properly constructed iron tank-cart, preferably by means of a pneumatic pump and hose. By this means the offensiveness of the operation can be reduced to a minimum. Penalties. 10, Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sum not exceeding "five pounds" may be inserted here. The proviso to the clause must be retained in all cases (see s. 183 of the Public Health Act, 1875). 26 SERIES I. SCAVENGING. Recovery of penalty. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and notes thereto, in Lumley's Public Health, 5th ed. p. 333. Bepeal of Byelaws. 11. From and after the date of the confirmation of these byelaws, the byelaws relating to the cleansing of footways and pavements, the removal of house refuse, and the cleansing of earthclosets, privies, ashpits and cesspools, which were made by the on the day of in the year and which were confirmed by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] on the day of in the year one thousand eight hundred and , shall be repealed. Bepeal. The above clause should be added to the series, if there are any byelaws in force as to the cleansing of footways and pavements, the removal of house refuse, and the cleansing of earthclosets, etc., and the district council are desirous of repealing such byelaws. It is presumably considered by the Local Government Board to be unnecessary in these cases to expressly provide that the repeal shall not affect anything done or suffered, or any obligation or liability accrued or incurred under any byelaw repealed. The only exception to the rule appears to be series iv. (new streets and buildings), the repeal clause of which contains a saving of this kind, although it is of limited application. SERIES II. NUISANCES. NUISANCES. MEMORANDUM. By section 44 of the Public Health Act, 1875 (38 & 39 Viet. 38 & 39 Viet, c. 55), it is provided that c - 55 > 8 - 44 - " An Urban Authority may . . . make byelaws for the prevention of nuisances arising from snow filth, dust, ashes, and rubbish, and for the prevention of the keeping of animals on any premises so as to be injurious to health." In connection with the last clause of the byelaw numbered 12 38 & 39 Viet, in the model series, the attention of the Sanitary Authority c> 55> 8> 50- should be directed to the provisions of section 50 of the 38 & 39 Viet. c. 55. That section is in the following terms : " Notice may be given by any Urban Authority (by public announcement in the district or otherwise), for the periodical removal of manure or other refuse matter from mews, stables, or other premises ; and, where any such notice has been given, any person to whom the manure or other refuse matter belongs, who fails so to remove the same, or permits a further accumulation, and does not continue such periodical removal at such intervals as the Urban Authority direct, shall be liable without further notice to a penalty not exceeding twenty shillings for each day during which such manure or other refuse matter is permitted to accumulate." In cases where the Sanitary Authority give the notice to which the above-quoted enactment refers, it will not be necessary to incorporate in any byelaws which they may make for the prevention of nuisances, under section 44, a provision such as that contained in the last clause of the byelaw numbered 12. JOHN LAMBERT, Local Government Board, Secretary. 25th July, 1877. Authorities empowered to make the byelaws. It will be observed that ie section only confers power to make byelaws as to nuisances upon the 30 SEEIES II. NUISANCES. district councils of urban districts. If a rural district council desire to make such byelaws, they must first be invested with the powers of an urban district council under this section by means of an order of the Local Government Board under s. 276 of the Public Health Act, 1875.* It should also be noticed that where, by virtue of the provisions of any local Act, s. 98 of the Towns Improvement Clauses Act, 1847, is in force in the district, the district council cannot include in any byelaws made by them the model clauses 4A and 6 ; and that byelaws made for a place which, though outside the county of London, is within the metropolitan police district, must not include the second and third paragraphs of clause 4, the second paragraph of clause 5, or any part of claiises 4A and 6. Probably clauses 1 to 3 should also be omitted in such a case. See the Metropolitan Police Act, 1839 (2 & 3 Viet. c. 47, s. 60), and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 142 (2) (a). " Filth." The expression " filth" is not defined in the Act, and no attempt should be made, as a rule, to define it in the byelaws ; but the byelaws may contain provisions relating to specific kinds of filth, liquid or solid, and it may be pointed out that the term does not appear to be limited to faecal matter, human or animal. f The model byelaws, however, are in sufficiently general terms to cover all such cases as, under ordinary circumstances, the district council will have to provide for. Byelaws under Public Health Acts Amendment Act, 1890. Under s. 26 (1) of this Act, an urban district council are empowered, if they have adopted Part III., to make byelaws in respect of the following matters, namely, " (a.) For prescribing the times for the removal or carriage through the streets of any fsecal or offensive or noxious matter or liquid, whether such matter or liquid shall be in course of removal or carriage from within or without or through their district : "(6.) For providing that the vessel, receptacle, cart, or carriage used therefor shall be properly constructed and covered so as to prevent the escape of any such matter or liquid : "(c.) For compelling the cleansing of any place whereon such matter or liquid shall have been dropped or spilt in such removal or carriage." And by s. 9 of the same Act, all the provisions with respect to byelaws contained in ss. 182 186 of the Public Health Act, 1875, and any enactment amending or extending those sections will apply to such byelaws. It is usual to make a separate series as to these matters ; but if the district council prefer to embody such byelaws in a series based on the model byelaws as to nuisances, the clauses should be inserted under a separate heading, immediately after the model clause 12. * See the instructions contained in the Introduction, t Cf. s. 49 of this Act. SERIES II. NUISANCES. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.} BYELAWS MADE BY THE* WITH EESPECT TO NUISANCES IN THEJ Interpretation of Terms. 1. Throughout these byelaws, the expression " the Council," Interpreta- means the* , and the expression, " the District," means tlon> thef Interpretation. This clause should be inserted, although it does not at pivsuiit form part of the model series as printed. The following clauses should be renumbered. For the prevention of nuisances arising from snow, filth, dust, ashes, and rubbish, and for the prevention of the keeping of animals on any premises so as to be injurious to health. 1. The occupier of any premises fronting, adjoining, or Snow on abutting on any street shall, as soon as conveniently may be after the cessation of any fall of snow, remove or cause to be removed from the footways and pavements adjoining such premises all snow fallen or accumulated on such footways and pavements in such a manner and with such precautions as will prevent any undue accumulation in any channel or carriageway or upon any paved crossing. 2. Every person who shall remove any snow from any -Snow ,,..., . , j ', , removed from premises shall deposit the same in such a manner and with pr * " Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or, " Urban [or Rural] District Council of " ; as the case may be. ^Insert name of borough or urban or rural district, or, if the byelaws are to apply to part only of a rural district, "that portion of the Rural District of which comprises the contributory places of " ; ow the case may be. 32 SERIES II. NUISANCES. such precautions as to prevent any undue accumulation thereof in any channel or carriageway or upon any paved crossing. If in the process of such removal any snow be deposited upon any footway or pavement, he shall forthwith remove such snow from such footway or pavement. Use of salt 3. Every person who, for the purpose of facilitating the of l snow? V removal of any snow from any footway or pavement, shall throw salt upon such snow shall forthwith effectually remove from such footway or pavement the whole of the deposit resulting from the mixture of the salt with the snow. Nuisances from snow. Clauses 1 to 3 of the present series deal with "nuisances arising from snow," the first of the three kinds of nuisances referred to in the second paragraph of s. 44 of the Public Health Act, 1875. Clause 1 imposes on occupiers the duty of removing snow from the footways and pavements adjoining their premises, and requires that the snow cleared off the footways, etc. shall not be shovelled into any channel or carriageway, or upon any paved crossing, so as to obstruct vehicular traffic, incommode pedestrians, or prevent the water draining away in case of a thaw. The second clause requires similar precautions to be taken in the removal of snow from premises, and provides for the proper cleansing of the footways if snow is dropped thereon in the process of removal ; and clause 3 deals with the nuisance to foot passengers caused by the use of salt for the purpose of removing snow from the footways. The extreme cold resulting from the mixture of salt with snow in certain proportions, and the difficulty experienced in drying leather boots which have become wetted with this mixture, not to speak of the increased risks of danger to health which would arise to foot passengers on this account, may be suggested as sufficient reasons for inserting the byelaw. When a tramway company in Scotland, after a heavy fall of snow, cleared their track by means of a snow plough and heaped up the snow upon the sides of the streets : they then scattered salt upon the rails and in the vicinity, and the town council did not take any immediate steps to remove the briny slush so produced, and it was left upon the streets, it was held by the House of Lords that a legal nuisance had been committed which was not sanctioned by either the special or the general Tramways Acts, and that the default, if any, of the town council did not affect the primary liability of the tramway company (Ogston v. Aberdeen District Tramways Co., [1897] A. C. Ill ; 61 J. P. 436 ; 66 L. J. (P.C. 1) j 75 L. T. 633 ; 13 T. L. K, 123. Per Lord HALSBURY, L.C. : " If the question had arisen in England, I think some doubt might be entertained whether the obstruction as proved was such that a private person could sue without further proof of peculiar damage to himself ; but that question does not arise according to the law of Scotland"). Clause 1, it will be noticed, refers only to footways adjoining premises which front, etc. on "streets"; (i.e., streets as defined by s. 4 of the Public Health Act, 1875), but clauses 2 and 3 apply to " any footway or pavement." As regards the roadway, the urban authority are themselves bound, as being the highway authority, to remove snow in accordance with B. 26 of the Highways Act, 1835 (5 & 6 WilL 4, c. 50) which enacts that if any im- pediment or obstruction shall arise in any highways from accumulation of PEEVENTION OF NUISANCES, ETC. 33 snow, the surveyor (i.e., the urban authority in an urban district) is required from time to time, and within twenty-four hours after notice thereof from any justice of the peace of the county in which the parish (i.e., the urban district) may be situate, to cause the same to be removed. Failure to comply with such notice will render the urban authority liable under s. 20 of the same Act to a penalty of five pounds.* The cost of removing snow so as to render a main road passable is an expense of maintenance towards which the county council are bound under s. 11 of the Local Government Act, 1888 (51 & 52 Viet. c. 41) to contribute where such main road has been retained by the urban authority under that section (Amesbury Union v. Wiltshire JJ. (1883), 10 Q. B. D. 480 ; 52 L. J. M. C. 64 ; 31 W. R. 521 ; 47 J. P. 184). Places within the metropolitan police district. It is, at least, doubtful whether these model clauses 1 to 3 can be included in byelaws made for any place within the metropolitan police district, although not within the county of London. (See the Metropolitan Police Act, 1839 (2 & 3 Viet. c. 47), s. 60 (6), and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 142 (2) (a).) In the county of London the subject is provided for by s. 29 of the last-mentioned Act. Section 29 of this Act, which imposes on the sanitary authorities of London the duty of removing street refuse from the streets within their respective districts, does not give any right of action to a person suffering special damage from a breach of such duty (Saunders v. Holborn District Board of Works, [1895] 1 Q. B. 64 ; 64 L. J. Q. B. 101 ; 71 L. T. 519 ; 43 W. R. 26 ; 59 J. P. 453 ; 15 R. 25). 4. The occupier of any premises who shall remove or cause Removal of to be removed, any filth, dust, ashes, or rubbish produced upon ^^ etc * his premises shall not, in the process of removal, deposit such premises, filth, dust, ashes, or rubbish, or cause or allow such filth, dust, ashes, or rubbish to be deposited upon any footway, pavement, or carriageway. For the purpose of such removal, he shall in every case use or cause to be used a suitable vessel or receptacle, cart, or carriage properly constructed and furnished with a sufficient covering so as to prevent the escape of the contents thereof. If in the process of such removal, any person shall slop or spill or cause or allow to fall upon any footway, pavement, or carriageway any such filth, dust, ashes, or rubbish, he shall forthwith remove such filth, dust, ashes, or rubbish from the place whereon the same may have been slopped or spilled or may have fallen, and shall immediately thereafter thoroughly sweep or otherwise thoroughly cleanse such place. Removal of filth, etc., from premises. Clauses 4 to 9 are concerned with the second category of nuisances referred to in the latter part of s. 44, * With regard to the application of these enactments to a rural district, see s. 25 (1) of the Local Government Act, 1894 (56 & 57 Viet. c. 73). 34 SERIES II. NUISANCES. Deposit of ash tubs on footway, etc. Cleansing of privies, etc. between cer- tain hours. viz., those arising from " filth, dust, ashes, and rubbish." As to the term " filth," reference may be made to the note on p. 30. Clause 4 makes occupiers responsible for the removal of house refuse, the contents of privies, or any other filth, rubbish, etc., from their premises, in such a manner as to prevent the fouling or littering of the streets and roads with offensive matter, and the nuisance which may be occasioned (e.g.) by the deposit, even for a few minutes, of a privy pail on the road or footway, instead of placing it, or its contents, at once in the scavenger's cart. The byelaw should not be regarded as unnecessary where the district council, under s. 42, undertake or contract for the removal of filth and refuse ; for even in such cases the occupier has the right of disposing of the refuse and excremental matters produced upon his premises for his own use and profit. The third paragraph of the clause provides for the accidental stopping of the footway or roadway by men employed by an occupier to remove filth or refuse from his premises. Proviso as to ashtubs. The addition to the byelaw of the following proviso has been approved by the Local Government Board in certain cases where it is usual for occupiers to place their ashtubs on the edge of the foot- way to be emptied by the public scavenger on his rounds : Provided always that the foregoing requirements shall not be deemed to prohibit the deposit upon the outer edge of any footway or pavement, at any time between the hours of and o'clock in the forenoon of any day, of a proper receptacle containing dust, ashes, or rubbish, to be removed by a scavenger employed by the Council. Byelaws under 53 & 54 Viet. c. 59. In this connection, it may be pointed out that where s. 26 (2) of the Public Health Acts Amendment Act, 1890, is in force * and the district council themselves undertake or contract for the removal of house refuse, they may make byelaws " imposing on the occupier of any premises, duties in connection with such removal, so as to facilitate the work " of removal. But even where no such byelaws have been made, an occupier wilfully obstructing the scavengers of the local authority renders himself liable to penalties under s. 306 of the Public Health Act, 1875, and actual violence is not necessary to constitute wilful obstruction (Borrow v. Hoivland(l896), 74 L. T. 787 ; 60 J. P. 391 ; 12 T. L. R. 414). Places within the metropolitan police district. The second and third paragraphs of clause 4 of the model series must be omitted in the case of any place within the metropolitan police district, and the district council will not, in any such case, be empowered to make byelaws under s. 26 (2) of the Act of 1890. 4a. The occupier of any premises within the distance of twenty yards from any street or from any building or premises used wholly or partly for human habitation, or as a school, or as a place of public worship, or of public resort or public * See ss. 3 and 5 of the Act, PREVENTION OF NUISANCES, ETC. 35 assembly, or from any building in or on which any person may be employed in any manufacture, trade, or business, shall not, without reasonable excuse, empty or cleanse or cause to be emptied or cleansed any privy, cesspool, or other receptacle for filth belonging to his premises, or provided for use in, or in connection with such premises, or remove or cause to be removed from such privy, cesspool, or receptacle, or from such premises, any part of the contents of such privy, cesspool, or receptacle, at any time except between the hours of six o'clock and Tialfpast eight o'clock in the forenoon, during the months of March, April, May, June, July, August, September, and October, and except between the hours of seven o'clock and halfpast nine o'clock in the forenoon, during the months of November, December, January, and February. Hours for cleansing of privies, etc. Prints of this clause, which does not form part of the model series as issiied in 1877, can be obtained from the Local Government Board on application. As will be seen, it is designed to so regulate the hours within which receptacles for excremental and other filth may be emptied or cleansed, and the contents removed, as to ensure that the work shall not be done under cover of darkness. Apart from other considera- tions, the attention of local authorities cannot be too strongly drawn to the danger of allowing scavenging to be done at any hour when the light is insufficient to enable the men to do it properly, or to secure the most careful supervision of their operations. It will be observed that in this and other clauses of the model series, churches, schools, factories, etc., are placed in the same category with dwelling-houses, as regards the precautions to be taken against nuisances arising from filth. The principle recognised is that there should be no avoidable risk of air pollution where growing childen are con- cerned, or where persons are congregated in confined spaces, or spend any considerable portion of their time in a heated or confined atmosphere. Places within the metropolitan police district, etc. This byelaw must be omitted where a place is within the metropolitan police district, although not within the county of London (see the Metropolitan Police Act, 1839 (2 & 3 Viet. c. 47), s. 60 (4), and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 142 (2) (a) ), or where s. 98 of the Towns Improvement Clauses Act, 1847, is in operation. 5. Every person who, for the purpose of depositing any filth, J 10 ^ 1 of dust, ashes, or rubbish upon any lands or premises, or for the f rom ' premises purpose of depositing any dust, ashes, or rubbish in any or carts, receptacle provided by the [Council] for the temporary deposit and collection of dust, ashes, and rubbish, shall remove such filth, dust, ashes, or rubbish from any premises, or from any cart, carriage, or other means of conveyance across or along any footway, pavement, or carriageway, shall use a suitable vessel or receptacle properly constructed and furnished with a sufficient covering so as to prevent the escape of the contents i. - SERIES II. NUISANCES. thereof; and shall adopt such other precautions as may be necessary to prevent any such filth, dust, ashes, or rubbish from being slopped or spilled, or from falling in the process of removal upon such footway, pavement, or carriageway. If in the process of such removal, any such filth, dust, ashes, or rubbish be slopped or spilled or fall upon such footway, pavement, or carriageway, he shall forthwith remove such filth, dust, ashes, or rubbish from the place whereon the same may have been slopped or spilled or may have fallen, and shall immediately thereafter thoroughly sweep or otherwise thoroughly cleanse such place. Removal of filth, etc., from premises or carts. This clause provides against the slopping or spilling in the streets of filth or refuse which is being removed from premises or from the scavenger's cart, to be deposited (e.g.) at the " town's wharf," or on a farm ; or of any dust, ashes, or rubbish which is being so removed for deposit in a receptacle such as may be provided by an urban district council under s. 45 of the Public Health Act, 1875. The byelaw is applicable whether the work of removal is performed by the occupier or by a contractor under s. 42 of the Act. Provision of receptacles by the council. By s. 45 of the Public Health Act, 1875, it is enacted that any urban authority may, if they see fit, provide in proper and convenient situations receptacles for the temporary deposit and collection of dust, ashes, and rubbish. Places within the metropolitan police district. In the case of any place within the metropolitan police district, although outside the county of London, the second paragraph of clause 5 must be omitted (see the Metro- politan Police Act, 1839 (2 & 3 Viet. c. 47), s. 60 (4), and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 142 (2) (a)). Conveyance 6. Every person who shall convey any filth, dust, ashes, or through Ihe rubbish through or along any street shall use a cart, carriage, streets. or other means of conveyance properly constructed and furnished with a sufficient covering so as to prevent the escape of the contents thereof. If in the process of such conveyance any such filth, dust, ashes, or rubbish be slopped or spilled, or fall upon any carriageway or elsewhere in such street, he shall forthwith remove such filth, dust, ashes, or rubbish from the place whereon the same may have been slopped or spilled or may have fallen, and shall immediately thereafter thoroughly sweep or otherwise thoroughly cleanse such place. Construction of night soil and dust carts. By means of this clause the district council will be enabled to insist on the use of properly constructed PREVENTION OF NUISANCES, ETC. 37 carts for the conveyance of night soil, house refuse, etc., through the streets, whether the occupiers are responsible for the cleansing of privies and ashpits, or the work is performed for the council by a contractor. For wet and sloppy matter, the cart used should be watertight. As a covering to prevent droppings, etc., a good tarpaulin, properly tied over the top, is generally found sufficient, except in the case of liquid refuse. The second paragraph of the clause is an important provision in the interests of health ; as, if offensive matter is allowed to remain on a road, so as to soak into the ground, or be churned up by passing traffic, the road surface is polluted by it for an indefinite time. Moreover, filth slopped or spilled upon the surface of the street may contain infected matter, and this becoming dried may blow about in the street as infective dust, and thus give rise to risk of spreading disease. In connection with this clause, clause No. 12*, on p. 40, may be referred to. Places within the metropolitan police district, etc. In the case of places within the metropolitan police district, although outside the county of London (see the Metropolitan Police Act, 1839 (2 & 3 Viet. c. 47), . 60 (4), and the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 142 (2) (a) ), or within which s. 98 of the Towns Improvement Clauses Act, 1847, is in force, clause No. 6 should be omitted from the series. Obstructions by dust carts, etc. Any obstruction that may be caused by allowing the cart or carriage to stand longer than necessary for the loading of it can be dealt with under s. 72 of the Highways Act, 1835 (5 & 6 Will. 4 c. 50), or s. 28 of the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89 Reference may also be made in this connection to Bex v. Russell (1805) 6 Ea*t, 427 ; 2 Smith, 424 ; 8 Rev. Rep. 506 ; Rex v. Gross (1812), 3 Camp! 224 ; 13 Rev. Rep. 794 ; Benjamin v. Storr (1874), L. R. 9 C. P. 400 ; 43 L. J. C. P. 162 ; 30 L. T. 362 ; 22 W. R. 631 ; and Pratt's Law of Highways, 14th ed., pp. 90 et seq. Moreover, s. 78 of the Highways Act, 1835, which makes it an offence for the driver of any carriage to be at such a distance from it whilst it shall be passing upon such highway that he cannot have the direction and government of the horses or cattle drawing the same, applies where the driver leaves the carriage standing by the roadside (Phylhian v. Baxendale, [1895] 1 Q. B. 768 ; 64 L. J. M. C. 174 ; 72 L. T. 465 ; 43 W. R. 412 ; 59 J. P. 217). 7. The owner or consignee of any cargo, load, or collection Consign- of filth which may have been conveyed, by water or by land, to fjith^be any place within the district to await removal from such place removed by by such owner or consignee, and may have been deposited to await such removal upon any premises whereon such filth may lawfully be deposited, but in such a situation and in such a manner that such filth may be exposed without adequate means of preventing the emission of stench therefrom at a distance of not more than yards from any street or from any building or premises used wholly or partly for human habitation, or as a school, or as a place of public worship or of public resort or public assembly, or from any building or premises in or on which any person may be employed in any manufacture, trade, or business, shall not, without SERIES II. NUISANCES. reasonable excuse, cause or suffer such filth to remain after the deposit and before the removal thereof for a longer period than hours. Consign- 8. Every person who may have undertaken to deliver to the tcTbe 8 f mth owner or consignee thereof any cargo, load, or collection delivered to of filth which may have been conveyed, by water or by land, to owners, etc. anv pj ace w ithin the district for the purpose of being delivered by such person to such owner or consignee, and may have been deposited to await such delivery upon any premises whereon such filth may lawfully be deposited, but in such a situation and in such a manner that such filth may be exposed without adequate means of preventing the emission of stench therefrom at a distance of not more than yards from any street or from any building or premises used wholly or partly for human habitation, or as a school, or as a place of public worship or of public resort or public assembly, or from any building or premises in or on which any person may be employed in any manufacture, trade, or business, shall not, without reasonable excuse, cause or suffer such filth to remain after the deposit and before the removal thereof for a period of more than hours. Consignments of filth. These two clauses will be found very useful for preventing consignments of manure, etc., being deposited at railway sidings, canal wharves, or elsewhere, for an unreasonable time under such conditions as to create nuisance or be prejudicial to health. One hundred yards is the distance usually inserted in the first blank space in each clause, and twenty- four hours the time generally allowed for the removal of the stuff. The reason for treating churches, schools, and factories in this series, as in the same category as dwelling-houses, has already been suggested (see note on clause 4A). It will be seen that while clause 7 limits the time for the removal of the filth by the owner or consignee when he is responsible for such removal, clause 8 will apply in case of neglect on the part of any other person who may have under- taken the delivery of the stuff to him, as, for example, the owner of the wharf or other place at which the cargo is unloaded. As regards clause 7, it would seem that the place of temporary deposit might be either on the premises of the owner or consignee, or elsewhere. If it was not on his own premises, both clauses might in some circumstances apply to the same consignment. As to the treatment of certain kinds of filth deposited on land for agricultural purposes, see clause No. 9. Clauses 10* and 11* may also be referred to with regard to the deposit of filth which is to be subsequently carted away for these or other purposes. Deposits of 9, Every person who, for any purpose of agriculture, shall night soil deposit or cause to be deposited upon any lands or premises within the distance of yards from any street, or from any building or premises used, wholly or partly, for human PKEVENTION OF NUISANCES, ETC. 39 habitation, or as a school, or as a place of public worship, or of public resort or public assembly, or from any building or premises in or on which any person may be employed in any manufacture, trade, or business, any filth which may have been removed from any cesspool, or any filth which may have been removed from any privy, or from any receptacle used in connection with any privy, and which may not have been effectually deodorized, shall, with all reasonable dispatch, cause such filth to be ploughed or dug into the ground or to be covered with a sufficient layer of earth, ashes, or other suitable substance, or shall adopt such other precautions as may be reasonably necessary to prevent the emission of noxious or offensive effluvia from such filth. Treatment of night soil manure. Clauses 7 and 8 of the model series deal with the temporary deposit of any kind of filth pending removal by, or deli very to, the owner or consignee. The present clause refers only to privy and cesspool filth which is intended for purposes of agriculture. The byelaw is directed against the nuisance which arises if such stuff, in an undeodorized state, is deposited upon, or spread over the land without being properly covered with earth, or ploughed or dug into the ground without needless delay. The distance usually inserted in this clause is "one hundred yards." Cases coming within this byelaw may also be dealt with under ss. 91 96 of the Public Health Act, 1875, inasmuch as s. 91 (4) declares that any accumulation or deposit which is a nuisance or injurious to health shall be deemed to be a nuisance liable to be dealt with summarily under this Act. In Mayor, etc. of Scarborough v. Rural Sanitary Authority of Scarborough (1876), 1 Ex. D. 344 ; 34 L. T. 768 ; 40 J. P. 455, the appellants, who were the urban sanitary authority of Scarborough, deposited, in a field, ashes, manure, and refuse collected in Scarborough, in order that the same might be removed by certain farmers with whom they had contracted for the purchase thereof. The appellants were not the owners or tenants of the field, and they exercised no control over the ashes, etc., after the same were deposited there. The deposit formed a nuisance. An order was made under the Public Health Act, 1875, s. 96, by justices against the appellants for the abatement of the existing nuisance, and for the prohibition of its recurrence : Held, that so much of the order as directed an abatement was bad, for it prescribed an act, the execution of which might involve the committal of a trespass ; but that so much of the order as prohibited a recurrence was good, for it was the act of the appellants which created the nuisance. This case was followed in R. v. Trimble (1877), 36 L. T. 508 ; 41 J. P. 455 ; and in the Irish case of LetterJcenny Commissioners v. Collins (1891), 28 L. R. Ir. 235 : but was not approved in Parker v. Inge (1886), 17 Q. B. D. 584 ; 55 L. J. M. C. 149 ; 55 L. T. 300 ; 51 J. P. 20. The ground for this is that there is a possibility of the owner being able to enter on the works. " It is not probable," said POLLOCK, B., "that the tenant in the great majority of instances would object to his landlord coming upon the premises to abate a nuisance which was injurious to the health of persons living there. If the tenant does object, B. 98 applies, and no liability to a penalty incurs until default is found, and the person in default fails to satisfy the court that he has used all due diligence to carry out ' 40 SEEIES II. NUISANCES. "Filth emitting a stench " not to be deposited near dwellings, etc. the order to abate the nuisance . . ." An order may therefore be made upon the owner, although not in occupation, to abate in nearly all cases, and if the occupier objects to his obeying the order, he may then, under s. 98, satisfy the justices that he has used all due diligence to carry out the order. It may be added that the attention of the court does not appear to have been called to s. 98 in the Scarborough Case, or in R. v. Trimble, supra. 10.* No person shall unload or deposit within one hundred yards from any street or from any building used for human habitation, or as a school or place of public resort, or in which any person is employed in any manufacture, trade, or business, any filth emitting a stench and brought to the place of unloading or deposit for the purpose of being removed there- from. prevent nuisance. Filth 11.* Every person who shall unload or deposit any filth n^h^ emitting a stench, and brought lo the place of unloading or Treatment to deposit for the purpose of being removed therefrom, in any place within such a distance from any building used for human habitation, or as a school or place of public resort, or in which any person is employed in any manufacture, trade, or business, that the stench is likely to cause offence to the persons in such building (although such place be not within the distance of one hundred yards from such building), shall cause such filth to be forthwith covered with a sufficient layer of earth or other suitable substance, or shall adopt such other precautions as may be sufficient to prevent the emission of any noxious or offensive effluvia from the filth. Filth Conveyance through streets. 12.* Every person who shall convey any filth emitting a s ^ encn through or along any street shall, previous to and during the whole time of such conveyance, cause such filth to be covered with lime or other suitable substance, or shall adopt such other precautions as respectively may be reasonably necessary to prevent the emission of noxious or offensive effluvia from such filth. " Filth emitting a stench." Prints of these clauses can be obtained from the Local Government Board on application. They are intended to prevent (a) the use for the unloading of filth emitting stench of a wharf or siding within one hundred yards from a street or from certain buildings ; (b) the emission of noxious or offensive effluvia from any such filth unloaded at a wharf or siding beyond the prescribed distance from any such buildings, but so situated as to cause offence to persons if due precautions are not taken ; and (c) the emission from such filth of noxious or offensive effluvia while it is being conveyed through the streets. The following may be mentioned as examples of the kind of filth to which these byelaws are specially intended PREVENTION OF NUISANCES, ETC. 41 to apply, viz., fish manure, slaughterhouse refuse, and the peculiarly offensive compounds classed under the head of " town manure."* These clauses have been considered useful where the night soil of a large town is carted through an urban district, on its outskirts. Byelaws under 53 & 54 Viet. c. 59. Byelaws as to the conveyance of filth through the streets may, as already mentioned (p. 30), be made under s. 26 (1) of the Public Health Acts Amendment Act, 1890. Nuisances from the keeping of animals. For some observations on the keeping of animals, the nuisances arising therefrom, and the means of preventing or minimising such nuisances, see Part I. of Dr. Ballard's Report on Effluvium Nuisances (Sixth Report of the Medical Officer of the Local Government Board).f In Dr. Ballard's remarks the keeping of horses, cows and pigs is specially dealt with. Special series of byelaws applicable to the keeping of pigs, where this is largely carried on, are believed to have been approved by the Local Government Board in certain cases under s. 44 of the Public Health Act, 1875. 10. The occupier of any premises shall not keep any swine Keeping of or deposit any swine's dung within the distance of dwelling feet from any dwelling-house, or in such a situation or in such etc. a manner as to pollute any water supplied for use or used or likely to be used by man for drinking or domestic purposes or for manufacturing drinks for the use of man, or any water used or likely to be used in any dairy. 11. The occupier of any premises shall not keep any cattle Keeping of or deposit the dung of any cattle in such a situation or in such ^^ "upplv a manner as to pollute any water supplied for use, or used, or likely to be used by man for drinking or domestic purposes or for manufacturing drinks for the use of man, or any water used or likely to be used in any dairy. Pollution of air and water supply by excrement of animals. The importance of the matter dealt with in these two clauses, in relation to health, cannot well be over estimated. It is true that in regard to areas of a rural or semi-rural character, some difficulty has been occasioned in the application of the clauses by a decision of the High Court, which will presently be referred to ; but with regard to an urban district, it may be mentioned that a byelaw * The manure from most large towns contains a considerable proportion of human excreta, and of other varieties of animal (besides vegetable) refuse. " London manure " an especially horrible compound differs from the refuse of other places in that, while it does not generally contain any admixture of human excrement, it includes the highly offensive manure from cattle ships, and has a smaller proportion of coal ashes. The manure of places like Liverpool and Plymouth is said to resemble that of London. For much valuable information on the subject, see Dr. Parsons' Report "On Manure Nuisances " (Annual Report of the Medical Officer of the Local Government Board for 18911892). t Published in 1882 in a separate form (Shaw and Sons). 42 SEEIES II. NUISANCES. prohibiting the keeping of swine within one hundred feet from a dwelling- house was held by the court to be reasonable in the case of Wanstead Local Board of Health v. Wooster (1873), 37 J. P. 403 ; 38 J. P. 21), and it is believed that a byelaw prescribing even a greater distance than one hundred feet has been confirmed by the Local Government Board for an urban district. It may be questioned whether, in any case, less than, say, sixty feet would be assented to by them. The decision above alluded to is that given in the case of Heap v. Burnley Rural Sanitary Authority (1884), 12 Q. B. D. 617 ; 53 L. J. M. C. 76 ; 32 W. R. 661 ; 48 J. P. 359, where a similar byelaw prohibiting the keeping of swine within fifty feet froni any dwelling-house within a mral district, was held to be unreasonable and bad. Lord COLERIDGE, C.J., in giving judgment in this case, said it was impossible to attempt to lay down what, under all circumstances, would be a reasonable byelaw ; but it seemed to him unreason- able to say that in country districts nobody should keep a pig within fifty feet of his dwelling-house. The course which has been generally adopted since this decision, in the case of rural or semi-rural districts, is to omit clause 10 from the series, and insert the words " or swine " after " cattle " in each of the two places where it occurs in clause 11. It is not necessary, in order to justify a conviction under byelaws in the form in the text, that the pigs or cattle should have been fed or kept during the night within the prohibited limits. Thus, where a byelaw made by an urban authority imposed a penalty for keeping swine within fifty yards of a dwelling- house, the respondent, a pig-dealer, on receiving orders for the sale of pigs, used to bring the animals in the morning to a place within the urban district, and within fifteen 3*ards of a dwelling-house, and keep them there till the evening, but without feeding them, and in the evening the pigs were sent off by railway or otherwise to the purchasers, and it was held that there was, nevertheless, a keeping of the swine contrary to the byelaw (Steers v. Manton (1893), 57 J. P. 584). The keeping of swine " so as to be a nuisance to any person " is the subject of penalties under the express provision in s. 47 of the Public Health Act, 1875. See also s. 91 of that Act, which applies to the keeping of any animal " so as to be a nuisance or injurious to health." Piggeries near streets, etc. A byelaw sometimes proposed, prohibits the keeping of pigs within a prescribed distance of any public thoroughfare : but this does not seem to be a matter which, by itself, can be regarded as " injurious to health." Such a byelaw, therefore, is to be regarded as ultra vires. See Everett v. Grapes (1861), 3 L. T. 669 ; 25 J. P. 644. It may, however, be pointed out that, as regards urban districts, s. 28 of the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89), which is incorporated with the Public Health Act, 1875, by s. 171 of the latter Act, prohibits the keeping of any pigstye to the front of any street, not being shut out from such street by a sufficient wall or fence, and the keeping of any swine in or near any street, so as to be a common nuisance. Section 47 of the Act of 1875, moreover, provides for any case where swine or pigstyes may be kept so as to be a nuisance to any person. Piggeries on farms and market gardens. Some relaxation of the require- ments as to the distance of piggeries from dwellings seems reasonable in the case of farms and market gardens. A clause on the following lines may be suggested in substitution for the model clause 10. PEEVENTION OF NUISANCES, ETC. 43 The occupier of any premises shall not, except as is hereinafter Piggeries on provided, keep any swine, or deposit any swine's dung within market* the distance of fifty feet hom any two or more dwelling-houses, gardens. Provided always that this byelaw shall not apply where any premises are occupied as a farm, or as a market garden, and where any swine are kept, and any swine's dung is deposited upon such premises, so as not to be within a distance of one hundred feet from any two or more dwelling-houses not situate on such farm or market garden. In connection with this clause, the remarks on p. 42, as to the decision in the case of Heap v. Burnley Rural Sanitary Authority, should receive consideration. Nuisance depending on number of pigs kept. The question whether the keeping of pigs is injurious to health depends to some extent upon the number of pigs kept in a given space, or on a given spot. Hence it would seem that a byelaw might be framed limiting the number of pigs to be kept within a specified distance of a dwelling-house. 12. Every occupier of a building or premises wherein or Receptacles whereon any horse or other beast of draught or burden to^pfo- 610 ' or any cattle or swine may be kept shall provide, in con- vided. nection with such building or premises, a suitable receptacle for dung, manure, soil, filth, or other offensive or noxious matter which may, from time to time, be produced in the keeping of any such animal in such building or upon such premises. He shall cause such receptacle to be constructed so that the Construction bottom or floor thereof shall not in any case be lower than the surface of the ground adjoining such receptacle. He shall also cause such receptacle to be constructed in such a manner and of such materials and to be maintained at all times in such a condition as to prevent any escape of the contents thereof, or any soakage therefrom into the ground or into the wall of any building. He shall cause such receptacle to be furnished with a suitable cover and, when not required to be open, to be kept properly covered. He shall likewise provide in connection with such building Stables, etc., or premises a sufficient drain constructed in such a manner ^ rained> and of such materials and maintained at all times in such a condition as effectually to convey all urine or liquid filth or refuse therefrom into a sewer, cesspool, or other proper receptacle. He shall, once at least in every week, remove or cause to be Cleansing of removed from the receptacle provided in accordance with the 44 SERIES II. NUISANCES. requirements of this byelaw all dung, manure, soil, filth, or other offensive or noxious matter produced in or upon such building or premises and deposited in such receptacle. Dung-pits. Paragraphs 1 4 and 6 of this clause regulate the keeping of the dung ot animals so as to prevent injury to health. The concluding words of s. 44 of the Public Health Act, 1875, seem wide enough to authorise such a clause, and it is understood that great importance is attached to the provision by the Local Government Board. See also the cases of Wanstead v. Wooster (1873), 38 J. P. 21 ; and Local Board of Tong Street v. Seed (1874), 38 J. P. 757 ; 39 J. P. 278, where such a byelaw was held reasonable. The byelaw requires that the dung-pit shall be wholly above ground ; that it shall be watertight, and have a proper cover ; and that it shall be emptied at least once a week. It will be observed that the arrangement prescribed aims, among other things, at keeping rain and sub-soil water from the contents of the dung-pit, and preventing the soakage of offensive liquid into the ground or any adjacent building. The kind of " cover " which should be provided for the receptacle may depend on the circumstances of the case. In some situations probably the requirement would be satisfied if a roof were constructed over the receptacle. Drainage and paving of stables, cowsheds, etc. Paragraph 5 of the byelaw requires every stable, cowhouse, or pigstye to be properly drained, and it is suggested that the Local Government Board would probably sanction an addition to the series of a clause prohibiting the keeping of cattle, horses, pigs, etc., in cowsheds, stables, or styes, the floors of which are not properly paved with hard and impermeable material, with a proper fall towards the drain to be provided in accordance with this byelaw. Eeceptacles for pig-wash, etc. It has been suggested that the byelaws should require the provision of properly covered receptacles for the food or " wash " intended to be given to pigs ; but it is undesirable to encourage the storing of large quantities of this kind of matter. Removal of dung. In order to secure a conviction under paragraph 6 of this byelaw it is not necessary to prove that a nuisance was caused by disobeying it (Tong Street Local Board v. Seed (1874), 39 J. P. 278). With reference to this paragraph, see also the memorandum of the Local Govern- ment Board (ante, p. 29), and s. 50 of the Public Health Act, 1875, therein cited. See also ss. 49 and 91 of that Act, and Smith v. Waghorn (1863), 27 J. P. 744. Proviso for certain premises. A proviso, which has been adopted in the case of some thinly populated districts, is as follows : Proviso. "Provided always that the foregoing byelaw shall not apply in any case in which the building or premises wherein or whereon any such animal may be kept shall not be within one hundred feet of any dwelling-house, which is not in the same curtilage as such building or premises." In connection with this proviso, however, the following remarks of Dr. PBEVENTION OF NUISANCES, ETC. 45 Ballard * are deserving of consideration. Nuisance from the keeping of animals, he observes, "is more likely to arise, and when it arises to be more serious in character, where the population is dense than where it is sparse. But it is not solely amid aggregations of population that such nuisances may be occasioned. A single animal, badly kept, in or near a solitary house, may be a source of injury to the inhabitants of that house in consequence of the effluvia proceeding from it." Another application of this proviso which has been suggested, is to limit it to paragraphs 1 4, and 6 of the byelaw, making the fifth paragraph a separate clause. The effect is to require all stables, piggeries, etc., wherever situated, to be drained, even though the other requirements of the model clause may not apply to them. It is sometimes proposed to require that any building or premises to be exempted shall also be more than a certain distance from any street. But this is open to the objection that the keeping of animals within a given distance of a street is not necessarily injurious to health. No such byelaw could, therefore, be allowed under s. 44 of the Public Health Act, 1875. (See note, p. 42.) Byelaws under 53 & 54 Viet. c. 59. Where s. 26 (1) of the Public Health Acts Amendment Act, 1890, is in force, and it is desired to make a series of by flaws embodying clauses under that enactment, as well as byelaws made under s. 44 of the Act of 1875, such clauses should be inserted here, under appropriate headings. 13. Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of , and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the [Council] : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalties. Any sums not exceeding "five pounds" and "forty shillings " may be inserted. The second paragraph meets the requirements of s. 183 of the Public Health Act, 1875. Recovery of penalties. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and notes thereon in Lumley's Public Health, 5th ed., p. 333. Repeal. The following clause should be added to the series, if there are any byelaws in force as to nuisances arising from snow, filth, etc., and the keeping of animals, and the district council are desirous of repealing sivh bvt-laws. * Report on Effluvium Nuisances (Sixth Report of the Medical Officer of the Local Government Board). Published in separate form, 1882. Shaw & Sons. 46 SEEIES II. NUISANCES. Repeal of Byelaws. Repeal. \ t From and after the date of the confirmation of these byelaws, the byelaws relating to , which were made on the day of in the year one thousand eight hundred and by the and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] shall be repealed. SERIES III. COMMON LODGING-HOUSES. COMMON LODGING-HOUSES. MEMORANDUM. BY section 80 of the Public Health Act, 1875 (38 & 39 Viet. Scone of c. 55), it is enacted that "Every Local Authority shall, from to time to time, make byelaws : lodging- houses. " (1.) For fixing and, from time to time, varying the number of lodgers who may be received into a common lodging-house, and for the separation of the sexes therein ; and " (2.) For promoting cleanliness and ventilation in such houses ; and " (3.) For the giving of notices and the taking precautions in the case of any infectious disease ; and " (4.) Generally, for the well-ordering of such houses." The terms of the above quoted enactment indicate, with sufficient clearness, the scope of the byelaws which the Sanitary Authority are empowered to make for the regulation of common lodging-houses. Independently of the byelaws authorised by section 80, the Public Health Act, 1875, confers upon the Sanitary Authority powers which, if duly exercised, will enable them to secure compliance with various requirements of essential importance in relation to the public health. In illustration of the nature and extent of the control which, either by means of byelaws or by the operation of the express provisions of the Public Health Act, 1875, the Sanitary Authority may exercise over common lodging-houses, and in anticipation of questions which may arise in connection with this branch of sanitary administration, it may here be convenient to append a few observations. By section 89 it is provided that for the purposes of the Act, What is a J i j common " the expression ' common lodging-house includes m any case lodging- house. 50 SERIES III. COMMON LODGING-HOUSES. in which only part of a house is used as a common lodging- house the part so used of such house." The Act, however, contains no exact definition of a "common lodging-house" ; and in cases where doubts may be suggested as to whether any particular house or part of a house is or is not comprehended in that designation, it will probably be found useful to refer to the opinion of the law officers of the Crown* which was communi- cated to the several Local Boards by the circular of the General Board of Health, dated the 17th of October, 1853. From that circular it appears that the law officers, when consulted as to the meaning of the expression " common lodging-house " in the 14 & 15 Viet. c. 28, advised as follows : " It may be difficult to give a precise definition of the term ' common lodging-house,' but looking to the preamble and general provisions of the Act, it appears to us to have reference to that class of lodging-houses in which persons of the poorer class are received for short periods, and though strangers to one another are allowed to inhabit one common room. We are of opinion that it does not include hotels, inns, public houses or lodgings let to the upper and middle classes." By that part of the above definition which refers to the persons inhabiting a common lodging-house being ' ' strangers to one another," the law officers in a second opinion explained that their "obvious intention was to distinguish lodgers pro- miscuously brought together from members of one family or household." In reply to the question, whether lodging-houses, otherwise coming within the definition but let for a week or longer period, would, from the latter circumstance, be excluded from the operation of the Act, the law officers observed : " We are of opinion that the period of letting is unimportant in determining whether a lodging-house comes under the Act now in question." So far as the foregoing definition of a common lodging-house rests upon the basis of the habitation of a common room by lodgers who are strangers to one another in the sense of not being members of one family or household, it may be inferred *Sir Alexander Cockburn, afterwards Lord Chief Justice of England, and Sir William Page Wood, afterwards Lord Hatherley, Lord Chancellor. MEMOKANDUM. 51 that this characteristic equally distinguishes the common lodging-houses to which the Public Health Act, 1875, applies. Such an inference receives support from the terms of section 87 which enacts that " in any proceedings under the provisions of this Act relating to common lodging-houses, if the inmates of any house or part of a house allege that they are members of the same family the burden of proving such allegation shall lie on the persons making it." With regard to the registration of common lodging-houses, Registration in referring generally to the provisions of sections 76 79 and ^j^ 01 to so much of section 86 as renders liable to penalty any keeper houses, of a common lodging-house who receives any lodger in such house without the same being registered under the Act, the Board would direct especial attention to an enactment in section 78. By that section it is provided that " a house shall not be registered as a common lodging-house until it has been inspected and approved for the purpose by some officer of the Local Authority." To the thoroughness of this inspection much importance structural should be attached. It is essential that in all structural details the fitness of the premises should be carefully ascertained before the house is placed upon the register. The rules which should guide the inspecting officer in his examination of the premises may be thus briefly indicated : The house should (1) possess the conditions of wholesomeness needed for dwelling-houses in general ; and (2) it should further have arrangements fitting it for its special purpose of receiving a given number of lodgers. (1.) The house should be dry in its foundations and have proper drainage, guttering, and spouting, with pro- perly laid and substantial paving to any area or yard abutting on it. Its drains should have their connections properly made, and they should be trapped, where necessary, and adequately ventilated. Except the soil pipe from a properly trapped watercloset, there should be no direct communication of the drains with the interior of the house. All waste-pipes from sinks, basins, and cisterns should discharge in the open air over gullies outside the house. The soil pipe should always be efficiently ventilated. The closets or privies E 2 SERIES III. COMMON LODGING-HOUSES. and the refuse receptacles of the house should be in proper situations, of proper construction and adapted to any scavenging arrangements that may be in force in the district. The house should have a water supply of good quality, and if the water be stored in cisterns they should be conveniently placed and of proper construction to prevent any fouling of water. The walls, roof, and floors of the house should be in good repair. Inside walls should not be papered. The rooms and staircases should possess the means of complete ventilation ; windows being of adequate size, able to be opened to their full extent, or, if sash windows, both at top and bottom. Any room pro- posed for registration that has not a chimney should be furnished with a special ventilating opening or shaft, but a room not having a window to the outer air, even if it have special means of ventilation, can seldom be proper for registration. (2.) The numbers for which the house and each sleeping room may be registered will depend, partly upon the dimensions of the rooms and their facilities for ventilation, and partly upon the amount of accom- modation of other kinds. In rooms of ordinary construction to be used for sleeping, where there are the usual means of ventilation by windows and chimneys, about 300 cubic feet will be a proper standard of space to secure to each person ; but in many rooms it will be right to appoint a larger space, and this can only be determined on inspection of the particular room. The house should possess kitchen and dayroom accommodation apart from its bedrooms, and the sufficiency of this will have to be attended to. Eooms that are partially underground may not be improper for dayrooms, but should not be registered for use as bedrooms. The amount of water supply, closet or privy accommodation, and the provision of refuse receptacles should be proportionate to the numbers for which the house is to be registered. If the water is not supplied from works with constant service, a quantity should be secured for daily use on a scale, per registered inmate, of not less than ten gallons a day where there are waterclosets, or five gallons a day where there are dry closets. For every twenty registered lodgers a separate closet or privy MEMORANDUM. 53 should be required. The washing accommodation should, wherever practicable, be in a special place and not be in the bedrooms ; and the basins for personal washing should be fixed and have watertaps and discharge pipes connected with them. Arrangements for the supply by the Sanitary Authority of Supply of placards such as are mentioned in the byelaws numbered P lacards 23 and 24 in the model series may be suggested as conducive to the well-ordering of common lodging-houses. JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1877. Obligation to make byelaws as to common lodging-houses. It will be seen that s. 80 of the Public Health Act, 1875, applies to "every local authority " under the Act. No urban powers, therefore, are necessary in order to enable a rural district council to make byelaws as to common lodging-houses. The terms of the section are mandatory, hence every urban and rural district council, in whose district there are any common lodging- houses, must make byelaws on the subject. What is a common lodging-house. Since the issue of the memorandum above set out the following cases have been decided with reference to this question : In Langdon v. Broadbent (1877), 37 L. T. (N.S.) 434 ; 42 J. P. 56, it was held that a lodging-house where hawkers and persons of a similar class were received, staying for various periods, having their meals in one room, and paying sixpence a night, was a common lodging-house within the above section. GROVE, J., said : " Each case must be decided on its own facts. There may be lodging-houses resorted to by a higher class of persons to which the term ' common lodging-house ' would not be applicable. The case does not find whether the lodgers occupied separate sleeping apartments. But I do not think it is necessary to show that the lodgers are all herded together in order to bring the case within the statute. Even if a common room is necessary to constitute a common lodging-house, the evidence here shows that they all took their meals together." In Booth v. Ferrett (1890), 25 Q. B. D. 87 ; 59 L. J. M. C. 136 ; 63 L. T. (N.B.) 346 ; 38 W. R. 718 ; 55 J. P. 7 ; 6 T. L. E. 337, the appellant opened and kept a lodging-house for the reception of male lodgers, who slept in one common room capable of accommodating 100 persons. The lodgers were charged, at the discretion of the manager, a sum not exceeding fourpence per night for bed, supper, and breakfast ; but the house was maintained, not for the purpose of gain, but for the accommodation of the poorest class of persons only, partly with a charitable, and partly with a religious object. The house had not been inspected or approved by the officer of the local authority, SERIES III. COMMON LODGING-HOUSES. nor was it registered. The appellant having I teen summoned and convicted for keeping a common lodging-house in contravention of the provisions of 16 & 17 Viet. c. 41, s. 3 -.Held, that the house, being maintained as a charitable institution and not for purposes of gain, was not a common lodging-house within the meaning of the Act, and that the conviction could not be supported. As pointed out in the memorandum of the Local Government Board, where part only of a house is used as a common lodging-house, the part so used is a " common lodging-house " tor the purposes of the Act (s. 89). What constitutes registration. A resolution of the local authority is sufficient to constitute registration. Thus, where the respondent, having fulfilled the necessary preliminaries under s. 78, applied to be registered under this section, and the local authority passed a resolution that his house should be registered, but the clerk did not carry out this resolution, and no formal registration of the respondent or of his house was made, and eight months afterwards the local authority resolved that his house should not be registered, and two months later prosecuted him for keeping a common lodging-house without being registered, the justices refused to convict and stated a case. It was held that for the purposes of the Act the resolution of the local authority constituted registration, and that the justices were right in refusing to convict (Coles v. Fibbens (1885), 52 L. T. (N.S.) 358 ; 49 J. P. 308). Refusal to register, and cancellation, or periodical renewal of registra- tion. The local authority cannot, apparently, refuse to register a common lodging-house if it has been inspected and approved for the purpose by some officer of the authority (see per MATHEW, J., in Coles v.Fibbens(l8S5), 52 L.T. (N.S.) 358 ; 49 J. P. 308). But if the officer has refused to approve, the local authority are not bound to hear the applicant in support of his application for a licence (Exparte Cavanagh (1894), 10 T. L. R. 533). It would also seem that, except in a case of failure on the part of the owner or keeper to provide a proper water supply, when required by notice under s. 81 of the Act to obtain such a supply, the local authority have no power to remove a registered common lodging-house from the register. Neither does it appear to be competent to the local authority to register a common lodging-house, or the keeper of a common lodging-house for a limited time, so as to require the registration to be periodically renewed. Under s. 88, where the keeper of a common lodging- house is convicted of a third offence " against any of the provisions of this Act " relating to common lodging-houses, the court before whom the convic- tion for the third offence takes place, may, if it thinks fit, adjudge that he shall not at any time within five years after the conviction, or within such shorter period after the conviction as the court thinks fit. keep a common lodging-house without the previous licence in writing of the local authority ; and that authority may withhold or grant such licence on such terms or conditions as they'^think fit. It will be seen, however, that this enactment does not affect the registration of the house, but only the person keeping the house, and it does not seem to apply in the case of offences against byelaws made under the Act. The local authority appear to have no power to cancel or suspend the registration of a person as keeper of a common lodging-house ; and they cannot, apparently, refuse to register as such keeper a person who produces a certificate such as is mentioned in s. 78 of the Act. MEMORANDUM. 55 Who is the keeper of a common lodging-house. With regard to the meaning of the word keeper, the law officers, in their opinion already referred to in the memorandum, advised that where a person neither resides in the house nor exercises any control over its management, but simply receives the rent, he cannot be considered the keeper ; but where the owner, though not resident in the house, either in person or through an agent, colourably or otherwise, exercises control over its management, they had no doubt that he should be considered the keeper. Halligan v. Ganley (1868), 19 L. T. (N.S.) 268, appears at first sight to be contrary to this opinion. It was a decision of the Common Pleas in Ireland, but it will be found to turn entirely on the definition of public lodging-home and keeper in a local Act (27 & 28 Viet. c. cccv. s. 4). It is not, therefore, an authority on the interpretation of the above . section. For purposes of comparison, reference may also be made to the following cases under other Acts : R. v. Barrett (1862), L. & C. 263 ; 32 L. J. M. C. 36 ; 7 L. T. 435 ; 11 W. R. 124 ; 9 Cox C. C. 255 ; R. v. Stannard (1863), L. & C. 349 ; 33 L. J. M. C. 61 ; 9 L. T. 428 ; 12 W. R. 208 ; 9 Cox C. C. 405 ; Clarke v. Hague (1860), 2 E. & E. 281 ; 29 L. J. M. C. 105 ; 6 Jur. (N.S.) 273 ; 8 W. R. 363 ; 8 Cox C. C. 324 ; Jenks v. Turpin (1884), 13 Q. B. D. 505 ; 53 L. J. M. C. 161 ; 50 L. T. 808 ; 49 J. P. 20, 37. Inspection of common lodging-houses. Section 85 of the Public Health Act, 1875, requires free access to be given at all times to any officer of the local authority demanding admission to a common lodging-house, or any part thereof, and renders liable to a penalty any person having or acting in the care or management of the house, by whom such access may be refused. This enactment, providing, as it does, for the systematic inspection of registered common lodging-houses, as well as for such an examination of the premises as is necessary previous to a house being placed upon the register, confers on the local authority a power of which they would be well advised in taking full advantage. Indeed, without this preliminary examination and subsequent .systematic inspection, the model byelaws would be of little practical value in securing the proper regulation of such houses. With respect to what is meant by access toanypart of a commonlodging-house, reference may be made to the following case, decided under the corresponding provisions of the law applicable in Scotland. The keeper of a common lodging-house, on access to the house being demanded by two officers of a local authority, refused access (1) to a room which opened off a licensed room and could only be entered through it (this room had not been observed when the premises were inspected with a view to the licence being granted, and was not itself licensed) ; (2) to two rooms which were licensed, but which he had shut off entirely from the rest of the house, which had a separate entrance to the street, and which, after giving notice to the local authority that he had ceased to use them as part of the lodging-house, he had let to a monthly tenant -.-Held, that in refusing access to the first-mentioned room he had contravened the statute, but otherwise in regard to the other two rooms (Gunn v. Cadenhead (1888), 15 Ct. of Sess. Cas., 4th series (J. C.) 57). Structural details, etc. The model byelaws contain no provisions under which structural works can be required in the case of common lodging-houses. The terms of s. 80 of the Act are not such as to authorise clauses of the kind ; nor are they in any way necessary, in view of the express provisions of the Act. Any defect in the structural arrangements for ventilation, drainage, 56 SERIES III. COMMON LODGING-HOUSES. privy accommodation, or the like, may furnish the local authority with sufficient reason for refusing to register a house, and, having regard to the enactments in ss. 77 and 86, prohibiting, under penalties, the keeping as a common lodging-house of any unregistered house, the local authority can, by so refusing registration, effectually insist on such provisions as they consider necessary. The erection of new buildings intended to be \\sed as common lodging-houses, will, of cour. c, be subject to the provisions of the model bye- laws with respect to new buildings, where those byelaws are adopted ; but as regards drainage and privy accommodation, reference may be made to ss. 23, 36 and 37 of the Act, and as to the water supply of common lodging-houses, to s. 81. Byelaws under 57 & 58 Viet. c. 60. Any local authority whose district includes a seaport town may, with the approval of the Board of Trade, make byelaws under the Merchant Shipping Act, 1894, s. 214, relating to seamen's lodging-houses in such town. SERIES III. COMMON LODGING-HOUSES. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval before they are adopted by the local authority.] BYELAWS MADE BY THE* WITH RESPECT TO COMMON LODGING- HOUSES IN THEf Interpretation of Terms. 1. Throughout these byelaws, the expression "the Council" Interpreta- means the* . tion - Interpretation. This clause should be inserted, although it does not at present form part of the model series as printed. The following clauses should be renumbered. For fixing and from time to time varying the number of lodgers who may be received into a common lodging-house, and for the separation of the sexes therein ; and For promoting cleanliness and ventilation in such houses ; and For the giving of notices and the taking precautions in the case of any infectious disease ; and Generally for the well ordering of such houses. 1. A keeper of a common lodging-house shall not, at any one Fixing of time, receive, or cause or suffer to be received into such house, or into any room therein, a greater number of lodgers than shall be fixed by the [Council] as the maximum number of lodgers authorised to be received into such house, or into such room, and shall be specified in a notice in writing, according to the form herein-after prescribed, which shall be duly served upon or delivered to such keeper, and shall continue in force until, in pursuance of the provisions of the byeiaw in that * "Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or " Urban [or Rural] District Council of " ; as the caxe may be. f Insert name of borough or urban or rural district, or, if the byelaws are to '(/>/>/// to part only of a rural district, "that portion of the Rural District of which comprises the contributory places of " ; cw the case may /<. 58 SERIES III. COMMON LODGING-HOUSES. behalf, the number so fixed and specified shall be varied by the [Council]. Form of Notice. To of WHEREAS, in pursuance of the statutory provision in that behalf, you have been duly registered by the [ Council] of as the keeper of a common lodging-house, situated at , in the [ of ]: Now I , clerk to the said [Council], do hereby give you notice that, in the exercise of the powers conferred upon them in that behalf, the said [Council] have fixed as the maximum number of lodgers authorised to be received at any one time into such house, and into the several rooms therein, the number specified in respect of such house and of each of such rooms in the Schedule hereunto appended. SCHEDULE. District* of Common lodging-house situated at Name of keeper The maximum number of lodgers authorised to be received at any one time into this house is The maximum number of lodgers authorised to be received at any one time into each of the several rooms in this house is the number specified in respect of such room in the appropriate column of the following table : Description Dimensions Maximum number room. of room. of lodgers. Ground storey. First storey. Second storey. Topmost storey. For the purposes of this notice every two children under the age of ten years may be counted as one lodger. Witness my hand this day of 18 Clerk to the [Council]. Or Borough. NUMBEE OF LODGERS. 59 Number of lodgers. In connection with this clause, attention should be drawn to the terms of s. 80 (1) of the Act. They authorise byelaws for "fixing" the number of lodgers, and "from time to time varying" such number. A byelaw merely reserving power to the local authority to fix the number would not be in accordance with the statute. But as it is obviously impossible, having regard to the varying conditions of common lodging-houses, as regards their size, arrangement, fittings, etc., to frame a byelaw specifying otherwise than generally the number of lodgers to be received into such houses, the model clause No. 1 " fixes" the number to be so received in each particular case by reference to a notice which is to be served on the keeper of the house. Clause 23 contemplates the posting of so much of the notice as is material in each room of the house. The number of lodgers may be varied by serving on the keeper such a notice as is referred to in clause No. 2. It is suggested in the official memorandum issued with this series that in the sleeping rooms each adult lodger, or two children under ten years of age,* shall be allowed about 300 cubic feet of air space. This should be regarded as the minimum, and the number of lodgers should be fixed accordingly. In London rather more than 300 cubic feet for each lodger is now usually obtained in the case of sleeping rooms, by requiring that to each bed there shall be a minimum floor space of 40 square feet. The number received into an apartment which is used both as a day-room and as a sleeping room should be less, by at least one-fourth, than if the room were used by night only ; but any special conditions, such as an unusual shape on plan, an unusually low ceiling, or limited means of ventilation, must be taken into account as reducing the number of persons for whose occupation the room is suitable. 2. A keeper of a common lodging-house, in any case where Variation of the [Council] may, from time to time, determine that it is expedient to vary the number fixed by them as the maximum number of lodgers authorised to be received into such house, or into any room therein, and may, from time to time, for the purpose of such variation, cause to be duly served upon or delivered to such keeper a notice in writing according to the form herein-after prescribed, shall not, at any one time, after any such notice shall have been duly served upon or delivered to him, and after the date specified in such notice, and until, in pursuance of the provisions of this byelaw, the number specified in such notice shall be further varied, receive, or cause or suffer to be received into such house, or into any room therein, a greater number of lodgers than shall be specified in such notice as the maximum number of lodgers authorised to be received into such house, or into such room. * Cf. the schedules to the forms of notices prescribed by this and the succeeding byelaws. 60 SERIES III. COMMON LODGING-HOUSES. Form of Notice. k To of WHEREAS, in pursuance of the statutory provision in that behalf, you have been duly registered by the [ Council] of as the keeper of a common lodging-house, situated at , in the [ of ]: And whereas the said [Council] have determined that it is expedient to vary the number heretofore fixed by them as the maximum number of lodgers authorised to be received at any one time into such house and into the several rooms therein : Now I , clerk to the said [Council], do hereby give you notice that from and after the day of , the maximum number of lodgers authorised to be received at any one time into such house and into the several rooms therein shall be the number specified in respect of such house and of each of such rooms in the Schedule hereto appended. SCHEDULE. District* of Common lodging-house situated at Name of keeper The maximum number of lodgers authorised to be received at any one time into this house is The maximum number of lodgers authorised to be received at any one time into each of the several rooms in this house is the number specified in respect of such room in the appropriate column of the following table : Description or number of room. Dimensions or cubical contents of room. Maximum number of lodgers. Ground storey. First storey. Second storey. Topmost storey. For the purposes of this notice every two children under the age of ten years may be counted as one lodger. Witness my hand this day of 18 Clerk to the [Council]. Or Borough. SEPARATION OF THE SEXES. 61 Variation of number of lodgers. As instances in which the power to vary the number of lodgers to be received into a common lodging-house, or into any room therein, may have to be exercised, we may refer to cases where the premises are enlarged, or two rooms are thrown into one, or where the class of persons, whether married or single, to whose use a room is appropriated, is intended to be altered. The power may also have to be resorted to in connection with an outbreak, or threatened outbreak, of epidemic disease. Under clause 18, the number of lodgers to be received into any room may be temporarily reduced by direction of the medical officer of health. 3. A keeper of a common lodging-house shall not, except in Separation of such cases as are herein-after specified, cause or suffer any the sexe8 ' person of the male sex above the age of ten years to use or occupy any room which may be used or occupied as a sleeping apartment by persons of the female sex. Such keeper shall not, except in such cases as are herein-after specified, cause or suffer any person of the female sex to use or occupy any room which may be used or occupied as a sleeping apartment by persons of the male sex above the age of ten years : Provided that this byelaw shall not be taken to prohibit the use and occupation by a husband and wife of any room which may not be used or occupied by any other person of either sex above the age of ten years, or which may be used, in accordance with the provisions of the byelaw in that behalf, as a sleeping apartment for two or more married couples. 4. Every keeper of a common lodging-house shall cause Sleeping rooms for . 1-1 i . j p j every room therein which may be appointed lor use ana occupation as a sleeping apartment by two or more married couples. couples to be so furnished or fitted that every bed, when in use and occupation, shall be effectually screened from the view of any occupant of any other bed, by means of a partition of wood or other solid material, which shall be constructed and fixed or placed so as to allow adequate means of access to the bed which such partition is intended to screen, and so as to extend upwards throughout the whole length and breadth of such bed to a sufficient height above such bed, and downwards to a distance of not more than six inches above the level of the floor. Separation of the sexes. These two clauses deal with the sleeping arrangements of common lodging-houses, and are intended to secure, so far as is deemed necessary or practicable, the separation of the sexes therein. The proviso to clause 3 permits of the joint occupation of a sleeping apartment by a husband and wife, or by a husband and wife and such of their children as may U- under ten years of age. It also provides for the occupation of one SERIES III. COMMON LODGING-HOUSES. Yards, etc., to be kept clean. room by two or more married couples, if the requirements of clause 4 are complied with. With regard to the screens to be' provided under the latter clause, it will be noticed that wood or other solid material is required to be used in their construction. Curtains cannot be regarded as a sufficient substitute for partitions such as are mentioned in the clause. They harbour dirt, and are liable to be torn down or drawn aside by the occupants of the room. Both on the score of decency, therefore, and also as a matter of administration (because the keeper could not reasonably be made responsible for the screens being always in position when required, if they were such as the lodgers could easily displace), solid partitions should always be insisted upon. The partitions should extend to a sufficient height above the floor to secure the privacy of each married couple. They should, therefore, be not less than six feet in depth, giving a total height above the floor (including the space which is to be left open beneath them) of six feet six inches. The provision of a space of six inches between the floor and the lower edges of the screens is designed to promote cleanliness and ventilation in the room, as the floor can be more readily swept and scrubbed, and the circulation of air is less impeded than if the partitions extended downwards to the floor. The age limit of ten years in clause 3 should not be increased. Use of common lodging-houses as brothels. Questions have arisen as to whether a byelaw could be framed with a view to preventing a common lodging-house being used as a brothel or otherwise for improper purposes by men and women who are unmarried. It may, however, be doubted whether, with respect to common lodging-houses as a class, regulations more stringent than those embodied in clause 3 could reasonably be prescribed, having regard to the circumstances and mode of life of the class of persons frequenting such houses. 5. Every keeper of a common lodging-house shall cause every yard, area, forecourt, or other open space within the curtilage of the premises to be maintained at all times in good order, and to be thoroughly cleansed, from time to time, as often as may be reasonably necessary for the purpose of keeping such yard, area, forecourt, or other open space in a clean and wholesome condition. Floors and staircases to be swept, etc. Windows, paintwork, etc. , to be cleansed. 6. Every keeper of a common lodging-house shall cause the floor of every room or passage and every stair in such house to be thoroughly swept once at least in every day, before the hour of ten in the forenoon, and to be thoroughly washed once at least in every week. 7. Every keeper of a common lodging-house shall cause every window, every fixture or fitting of wood, stone, or metal, and every painted surface in such house to be thoroughly cleansed, from time to time, as often as shall be requisite. Cleansing of yards, passages, fittings, etc. These are byelaws "for promoting cleanliness " of any yard or other open space that may form part CLEANLINESS AND VENTILATION. 63 of the premises of the lodging-house ; of the floors, stairs, windows, and paint- work, and of the dressers, cupboards, stoves, sinks, and other fittings within the house. The cleanliness of walls and ceilings is provided for by s. 82 of the Act, which requires the walls and ceilings to be limewashed "to the satisfaction of the local authority " twice a year, viz., in the first week of April and the first week of October. The need of constant supervision, in order to secure due compliance with these regulations, will be apparent 8. Every keeper of a common lodging-house shall cause all Beds and bed-clothes and bedding, and every bedstead used in such house, j^Lin be to be thoroughly cleansed, from time to time, as often as shall be requisite for the purpose of keeping such bed-clothes, bedding, and bedstead in a clean and wholesome condition. Cleansing of beds and bedding. The provision and proper furnishing of beds for the use of the lodgers is secured by clause No. 22. The present clause secures the cleanliness of the beds. It extends not only to the bedsteads, and the blankets or other coverings for the sleepers, but also to the mattresses, etc., on which they lie. The byelaws of some local authorities require the bedsteads and bedding to be cleansed at stated times in the year, so that, by inspection at those times, they may ascertain that at least the minimum amount of cleansing is performed ; but although this arrangement may be recommended, the words requiring beds to be cleansed whenever necessary should in all cases be retained. Notwithstanding the byelaw, in cases where the bedding has been exposed to infection the local authority may deal with it under ss. 120, 121 of the Public Health Act, 1875, or under s. 6 of the Infectious Disease (Prevention) Act, 1890, as the case may be. See also clause 18 of the byelaws, post. 9. Every keeper of a common lodging-house shall, for the use Lavatory of the lodgers received into such house, cause to be provided a ^D tobe * sufficient number of basins or other receptacles for water, of provided, adequate capacity and suitably placed, and a sufficient supply of water and a sufficient number of towels for use in connection with such basins or other receptacles. He shall cause such basins or receptacles to be kept clean and in good order, and the supply of towels to be renewed, from time to time, as often as may be requisite. Provision of lavatory accommodation. By a. 81 of the Act, if a common lodging-house is without a proper supply of water for the use of the lodgers, the local authority are empowered, subject to certain conditions, to enforce the provision of such a supply to the house generally, by the effective pro- cedure of removing the house from the register until their views in the matter are complied with. The byelaw supplements this enactment by, in effect, requiring that a sufficient quantity of water and other requisites for personal ablution shall be available for each lodger. The clause does not necessarily require the provision of lavatories with fixed basins, water-taps, and discharge pipes ; but, as pointed out in the memorandum of the Local Government Board (p. 53), it is desirable that the washing accommodation should be of 64 SERIES III. COMMON LODGING-HOUSES. this character. Further, where lodgers of both sexes are admitted, a separate lavatory for women should always be provided. * Where this is not clone unedifying sights such as that of a woman, stripped to the waist, washing in the presence of a number of men are not unknown ; while, if proper pressure is brought to bear on the owner or keeper of the house before it is registered, satisfactory arrangements in this respect can almost invariably be secured. Removal of 10. Every keeper of a common lodging-house shall cause all from rooms s lid or liquid filth or refuse to be removed once at least in every day before the hour of ten in the forenoon from every room in such house, and shall once at least in every day cause every vessel, utensil, or other receptacle for such filth or refuse to be thoroughly cleansed. Removal of filth and refuse from rooms. The necessity for a byelaw such as this is sufficiently obvious. The special object of the clause is to make the keeper responsible for seeing that the work is done. Waterclosets, 11. Every keeper of a common lodging-house shall cause the kept dean seat, floor, and walls of every watercloset, earthcloset, or privy belonging to such house to be thoroughly cleansed, from time to time, as often as may be necessary for the purpose of keeping such seat, floor, and walls in a clean and wholesome condition. Waterclosets 12. Every keeper of a common lodging-house shall cause b6t everv part of the structure of every watercloset belonging to order. such house to be maintained at all times in good order, and every part of the apparatus of such watercloset, and every drain or means of drainage with which such watercloset may com- municate to be maintained at all times in good order and efficient action. Earthclosets, 13. Every keeper of a common lodging-house shall cause etc., to be every earthcloset or privy belonging to such house, and every kept in good J / G . . . order. receptacle for filth provided or used in or in connection with such earthcloset or privy to be maintained at all times in good order and in a wholesome condition. He shall cause all such means or apparatus as may be provided or used in or in connection with such earthcloset or privy and such receptacle, for the frequent and effectual application of dry earth or other deodorizing substance to any filth deposited in such receptacle, to be maintained at all times in good order and efficient action. CLEANLINESS AND VENTILATION. 65 He shall cause a sufficient supply of such dry earth or other deodorizing substance to be, from time to time, provided for use in such earthcloset, privy, or receptacle for filth, and shall cause such dry earth or other deodorizing substance to be frequently and effectually applied to such filth, or he shall cause such dry earth or other deodorizing substance as may, from time to time, be supplied to such house, in pursuance of the statutory provision in that behalf, by the [Council] or by any person with whom they may contract for the purpose to be frequently and effectually applied to such filth. Privy accommodation. The local authority cannot include in their bye- laws a clause requiring the provision of closet or privy accommodation, but no difficult} 7 will be experienced in securing due provision in this respect, or in controlling the special character of the provision, if, acting under proper instructions, the officer inspecting common lodging-houses preparatory to their registration, refuses to approve any house that has not a sufficient number of properly constructed closets or privies for the separate use of lodgers of each sex. As to the points to be observed in the construction of such conveniences reference may be made to the model byelaws with respect to new buildings, clauses 67 to 79 (see p. 177). The byelaws now under consideration are concerned merely with the keeping of all closets or privies belonging to a common lodging-house in a clean and wholesome condition, and the apparatus and accessories in proper order. The cleansing of earthcloset and privy receptacles comes within the scope of byelaws under the former part of s. 44. (See the model byelaws on pp. 22 24.) Flushing of waterclosets, and application of deodorants in earth- closets. The keeping of watevclosets supplied with sufficient water for flushing may be made the subject of a byelaw where s. 23 of the Public Health Acts Amendment Act, 1890, is in force ; but such a clause would be out of place in the present series. With regard to the latter part of clause 13 of this series, the local authority should regard it as especially necessary in the case of a common lodging-house to which an earthcloset or a privy is attached, to provide for the effectual deodorization of the filth deposited in such closet or privy. The habits of the persons generally found in common l<>.l-ing-houses render it unlikely that they will themselves make use of the apparatus provided for the application of dry earth, etc., to the deposits as frequently as is necessary. The local authority are empowered to supply dry earth, etc., for use in connection with earthclosets, by s. 37 of the Public Health Act, 1875. Structural alterations as regards privy accommodation. Where a nuisance exists, structural alterations necessary to insure the abatement of the nuisance and the prevention of its recurrence can be enforced by applica- tion for an order of justices under s. 96 of the Public Health Act, 1875. The form of order is given in Sched. IV., Form C., of the Act. With reference to the specification in the order of the works required to be done, the following cases have been decided. In Ex parte WTiitchurch (1881), 6 Q. B. D. 545 ; 50 L. J. M. C. 41, 99 ; 29 W. R. 507 ; 45 J. P. 392, a privy and ashpit were a nuisance, and a notice had been given to abate it, and for that purpose to fill up the ashpit, abandon the privy, and build a pail closet. SEEIES III. COMMON LODGING-HOUSES. On default, the justices marie an order under this section in the terms of the notice. The court quashed the order on the ground that under the section the owner could not be compelled to put up a particular kind of closet. STEPHEN, J., said that the question turned upon the word necessary, which could not be extended to mean what the local authority thought necessary. But in Exparte Saunders (1883), 11 Q. B. D. 191 ; 52 L. J. M. C. 89 ; 47 J. P. 404, a watercloset in the centre of a house being a nuisance, the sanitary authority gave notice to the owner, under s. 94, to abate the nuisance, and for that purpose to remove the said closet from the centre of the house, and place it near an outer wall, where there might be efficient ventilation, and to fix the soil pipe outside the wall. The owner having made default, an order was made under this section to do the things specified. It was held that the justices had jurisdiction to make the order. The court (CAVE and A. L. SMITH, JJ.) intimated that Ex parte WTiitchurch was distinguishable, on the ground that the order was not for the erection of a particular kind of closet Avhere none existed before, but for the removal of a closet to a place where it would not be a nuisance. In R. v. Llewellyn (1884), 13 Q. B. D. 681 ; 33 W. R. 150 ; 49 J. P. 151, a privy openly discharged night soil and offensive matter on the bank of a river. The sanitary authority served the owner of the premises with notice to abate the nuisance, and for that purpose to "remove the present pipes and pan, level the floor under the seat of the privy, and provide a galvanised double-handled pail under the seat, the cover of the said seat to be movable, so that the premises should no longer be a nuisance or injurious to health." The justices made an order in the terms of the notice, and it was held they had jurisdiction to make the order. The court adopted the decision in Ex parte Saunders, saying that if it differed from Exparte WTiitchurch they differed also. After this decision it was clear that the cases were in conflict, and, accordingly, when the point again arose in R. v. Kent JJ. (infra), the court (HAWKINS and SMITH, JJ.) ordered it to be argued before three judges. The case was eventually decided by FIELD, MANISTY, and WILLS, JJ. It appeared that an order had been made requiring the appellant, inter alia, to lay down a six-inch glazed stoneware drainpipe, and to connect it with the main sewer in front of his house. It was held that there was jurisdiction to make the order, and the court overruled Ex parte Whitchurch. (R. v. Kent J7.(1885), 49 J. P. 404 ; 55 L. J. M. C. 9 ; 1 T. L. R. 539.) In VThitaker v. Derby Urban Sanitary Authority (1885), 55 L. J. M. C. 8, the respondents had served on the owner of houses to which were attached privies and ashpits, which were a nuisance, a notice requiring him to abate the nuisance, and " for that purpose to deodorise and fill in the privies, privy vaults and ashpits, convert the same to proper pan waterclosets, and connect them with the main sewer." This notice was not complied with, and an order was thereupon made by justices in the terms of the notice. It was held that the order was good, as the above section left it absolutely to the justices to order any works or structural alterations which they in their discretion might think necessary for the abatement of the nuisance. Finally, in R. v. Wheatley (1885), 16 Q. B. D. 34 ; 55 L. J. M. C. 11 ; 34 W. R. 257 ; 50 J. P. 424, where an order of justices required the owner of premises to abate a nuisance arising from untrapped drains, and " to execute such works and do such things as may be necessary for that purpose, so that the same shall no longer be a nuisance or injurious to health," it was held that the order was bad, because it did not specify what works and things the owner should execute and do for the purpose of abating the nuisance. It may be mentioned here that the order made under this section is an order made in a CLEANLINESS AND VENTILATION. (>7 criminal cause or matter within the meaning of the Judicature Act, 1873 (36 & 37 Viet. c. 66), s. 47, and that when the Queen's Bench Division has granted a certiorari to quash the order, an appeal will not lie to the Court of Appeal (Beg. v. Whitchurch (1881), 7 Q. B. D. 534 ; 50 L. J. M. C. 99 ; 45 J. P. 617 ; and see Ex parte Schofield, [1891] 2 Q. B. 428 ; 60 L. J. M. C. 157 ; 64 L. T. 780 ; 39 W. R. 580 ; 56 J. P. 4 ; 17 Cox C. C. 303 ; 7 T. L. R, 615. 14. Every keeper of a common lodging-house shall cause Condition and every ashpit belonging to such house to be maintained at all useofashpits - times in good order and in a wholesome condition. He shall not cause or suffer any filth or wet refuse to be thrown into any ashpit constructed and adapted for use only as a receptacle for ashes, dust, and dry refuse. Ashpits. As to what is an ashpit, see note on p. 25. The mode of con- struction of fixed ashpits should be such as to comply with the requirements of clauses 80 85 of the Model Byelaws as to New Buildings (see pp. 191 193). The byelaw now under consideration requires the ashpit, whether fixed or movable, to be kept in a good and wholesome condition. Where the ashpit is not connected with a privy, great care should be taken to prevent filth or wet refuse being thrown into it. A dry accumulation in the ashpit may, by the admixture of wet refuse, become highly offensive. As to the cleansing of ashpits, see also p. 25. 15. Every keeper of a common lodging-house shall cause all Means of such means of ventilation as may be provided in or in con- ^"kept'irT * nexion with any room or passage in such house and in or in good order, connexion with any watercloset, earthcloset, or privy belonging to such house to be maintained at all times in good order and efficient action. 16. Every keeper of a common lodging-house shall, except Windows to in such cases as are herein-after specified, cause every window ** P er in every room in such house which may be appointed for use and occupation as a sleeping apartment to be opened and to be kept fully open for one hour at least in tht forenoon, and for one hour at least in the afternoon of every day : Provided that such keeper shall not be required, in pursuance of this byelaw, to cause any such window to be opened or to be kept open at any time when the state of the weather is such as to render it necessary that the window should be closed, or when any bed in such room may be occupied by any lodger in consequence of sickness or of other sufficient cause. Ventilation of rooms and passages. As to what may be regarded as proper means of ventilation, and the method of securing these, see the pivfutory memorandum and the note thereon (p. 55). The necessity for F2 68 SERIES III. COMMON LODGING-HOUSES. Beds and bsd-clothes to be aired. Precautions in case of infectious disease. the opening of windows in sleeping rooms would not be sufficiently recognised if the matter were left to the occupants of the rooms. The byelaw (No. 16), therefore, makes the keeper responsible in the matter. It is so framed as to provide for the occupation, during the day, of beds by lodgers who are at work during the night, as well as for cases of sickness, etc. 17. Every keeper of a common lodging-house shall cause the bed-clothes of every bed in such house to be removed from such bed as soon as conveniently may be after such bed shall have been vacated by any lodger, and shall cause all such bed- clothes and the bed from which such bed-clothes may have been removed to be freely exposed to the air for one hour at least in the forenoon or for one hour at least in the afternoon of every day. Airing of beds and bed-clothes. To comply with this byelaw, every bed must be completely stripped immediately after being vacated, and both bed and bed-clothes must be freely exposed to the air during the time prescribed. 18. Every keeper of a common lodging-house, immediately after he shall have been informed or shall have ascertained that any lodger in such house is ill of any infectious disease, shall adopt all such precautions as may be necessary to prevent the spread of such infectious disease. Such keeper shall not, at any time while such lodger is suffering from such infectious disease, cause or allow any other person, except the wife or any other relative of such lodger, or except a person voluntarily in attendance on such lodger, to use or occupy the same room as such lodger. Where, in pursuance of the statutory provision in that behalf, the [Council] may order the removal of such lodger to a hospital or other place for the reception of the sick, such keeper, on being informed of such order, shall forthwith take all such steps as may be requisite on his part to secure the safe and prompt removal of such lodger in compliance with the order of the [Council] , and shall, in and about such removal, adopt all such precautions as, in accordance with any instruc- tions which he may receive from the medical officer of health, may be most suitable for the circumstances of the case. Where, in consequence of the illness of such lodger, there may be reasonable grounds for apprehending the spread of infection through the admission of lodgers to any room or rooms in such house or through the admission to such room or rooms of the maximum number of lodgers authorised to be received therein, such keeper, after being furnished with the PRECAUTIONS AGAINST INFECTIOUS DISEASE. necessary instructions from the medical officer of health, and until the grounds for apprehending the spread of infection shall have been removed, shall cease to receive any lodger in such room or rooms or shall receive therein such number of lodgers, being less than the maximum number, as the exigencies of the case may require. Such keeper shall, immediately after the death, removal, or recovery of any lodger who may have been ill of any infectious disease, give written notice thereof to the medical officer of health, and shall, as soon as conveniently may be, cause every part of the room which may have been occupied by such lodger to be thoroughly cleansed and disinfected, and shall also cause every article in such room which may be liable to retain infection to be in like manner cleansed and disinfected unless the [Council] shall have ordered the same to be destroyed. He shall comply with all instructions of the medical officer of health as to the proper cleansing and disinfection of the room and articles. When the same shall have been thoroughly cleansed and disinfected in accordance with such instructions, he shall give written notice thereof to the medical officer of health ; and, until two days from the giving of such notice shall have elapsed, and unless and until by such cleansing and disinfection the necessary precautions for preventing the spread of disease shall have been duly taken, such keeper shall not cause or suffer any other lodger to be received into the room which, in the case herein-before specified, may have been exposed to infection. Precautions in case of infectious disease. Section 84 of the Public Health Act, 1875, requires that where a person in a common lodging-house is ill of fever or any infectious disease, the keeper shall give immediate notice of the fact to the medical officer of health and the relieving officer. If he fails to do so, he is liable, under s. 86, to a penalty of 51, and to an additional daily penalty of 40s. But in places where s. 32 of the Public Health Acts Amend- ment Act, 1890, is in force, these penalties are reduced to 40s. and 5s. a day. See also the provisions of the Infectious Disease (Notification) Act, 1889 (52 & 53 Viet. c. 72). Paragraphs 1 and 2 of this byelaw impose on the keeper the duty of taking proper precautions against the spread of infection. In particular, no other person, except the wife or other relative of the patient, or a person voluntarily in attendance upon him, is to be allowed to enter the room occupied by the patient. By s. 124 of the Act, the local authority are empowered, with the consent, and on the certificate therein mentioned, to order the removal to a hospital of any lodger in a common lodging-house who is suffering from any dangerous infectious disorder. The third paragraph of the byelaw requires the keeper, on such order being made to take all requisite 70 SERIES III. COMMON LODGING-HOUSES. Kitchens, etc. , not to be used as sleeping rooms. steps to secure that the removal of the patient is safely and promptly effected. In respect of the precautions to be taken in connection with a patient's removal to hospital, or his recovery or death in the lodging-house, and the use of the room by other lodgers, the keeper is to act under the instructions of the medical officer of health. In case of the death of the lodger where the Infectious Disease (Prevention) Act, 1890, is in force, s. 8 of that Act prohibits the retaining of the unburied body, without the written sanction of the medical officer of health, or of a registered medical practitioner, for more than forty-eight hours, elsewhere than public mortuary or room not used at the time as a dwelling place, sleeping place, or workroom. And in cases where this provision is not carried out, s. 10 of the same Act enables a justice to make an order for the removal and burial of the body. The provisions of the byelaw as to cleansing and disinfection are supple- mentary to, but not exclusive of, the application of ss. 120 and 121 of the Public Health Act, 1875, and of ss. 5 and 6 of the Infectious Disease (Prevention) Act, 1890, where that Act is in force. 19. A keeper of a common lodging-house shall not, at any time, cause or suffer any room which may be appointed for use as a kitchen or scullery to be used or occupied as a sleeping apartment. Use of kitchens, etc., as sleeping rooms. The kitchen of a common lodging-house is often used as a day-room for the lodgers ; but, apart from this, the unwholesomeness of the use of kitchens as sleeping apartments is too obvious to need any comment in connection with a series of byelaws embodying clauses " for the well ordering of such houses." Use of double beds for men and youths. Interval between successive occupations of same bed. 20. A keeper of a common lodging-house shall not cause or suffer any bed in any room which may be used as a sleeping apartment by persons of the male sex above the age of ten years, to be occupied at any one time by more than one such person. Double beds for men and youths. Such a clause as this should be found in any series of byelaws framed under s. 80 of the Act. The age limit of ten years cannot safely be increased. The regulations with respect to common lodging houses in force in the metropolis require every sleeping room occupied by single men to be furnished with bedsteads and bedding of a size adapted for one person only. 21. A keeper of a common lodging-house shall not cause or suffer any lodger to occupy any bed in such house at any time within the period of eight hours after such bed shall have been vacated by the last preceding occupant thereof. Successive occupations of same bed. The interval prescribed by this byelaw is required for sweeping and ventilating the room, and removing filth therefrom, and for the proper airing of the beds and bed-clothes. On more GENERAL WELL-ORDERING OF HOUSES. ?l specific sanitary grounds, it is necessary, in connection with the successive use of the same bed by different persons, which, though objectionable in itself, must be regarded as unavoidable in a common lodging-house. 22, Every keeper of a common lodging-house shall cause Provision of every room in such house, which may be appointed for use and be the 72 SEEIES III. COMMON LODGING-HOUSES. interest both of the keeper and of the lodgers, as well as a convenience to the officers of the local authority, that a copy of the byelaws, and such particulars as are mentioned in clause 23, should at all times be available for reference in every room. Penalties. 25. Every keeper of a common lodging-house who shall offend against any of the foregoing byelaws shall be liable for every such offence to a penalty of , and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the [Council] : Provided, nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalties. Any sums up to "five pounds " and "forty shillings " may be inserted. Recovery of penalties. As to this see s. 251 of the Public Health Act, 1875, and notes thereon in Lumley's Public Health, 5th ed., p. 333. Repeal. The following clause should be added to the series, if there are any byelaws in force as to common lodging-houses, and the district council are desirous of repealing such byelaws. Eepeal of Byelaws. 26. From and after the date of the confirmation of these byelaws, the byelaws relating to which were made on the day of in the year one thousand eight hundred and , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] shall be repealed. SERIES IV. NEW STREETS AND BUILDINGS. NEW STREETS AND BUILDINGS, MEMORANDUM. Section 157 of the Public Health Act, 1875 (38 & 39 Viet, as & 39 Viet, c. 55), provides that "every urban authority may make c - 55 > s - 157> byelaws with respect to the following matters; (that is to say,) "(1.) With respect to the level width and construction of new streets, and the provisions for the sewerage thereof : " (2.) With respect to the structure of walls, foundations, roofs, and chimneys of new buildings, for securing stability and the prevention of fires, and for purposes of health : " (3.) With respect to the sufficiency of the space about buildings to secure a free circulation of air, and with respect to the ventilation of buildings : "(4.) With respect to the drainage of buildings, to water- closets, earthclosets, privies, ashpits, and cesspools in connection with buildings, and to the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation : "And they may further provide for the observance of such byelaws by enacting therein such provisions as they think necessary as to the giving of notices, as to the deposit of plans and sections by persons intending to lay out streets or to construct buildings, as to inspection by the urban authority, and as to the power of such authority (subject to the provisions of this Act) to remove, alter, or pull down any work begun or done in contravention of such byelaws : " Provided that no byelaw made under this section shall affect any building erected in any place (which at the time of 76 SERIES IV. NEW STREETS AND BUILDINGS. the passing of this Act is included in an urban sanitary district) before the Local Government Acts came into force in such place, or any building erected in any place (which at the time of the passing of this Act is not included in an urban sanitary district) before such place becomes constituted or included in an urban district, or by virtue of any order of the Local Government Board subject to this enactment. " The provisions of this section . . . shall not apply to buildings belonging to any railway company and used for the purposes of such railway under any Act of Parliament." In connection with the subject of byelaws with respect to new streets and buildings the two following sections (158, 159) are important. Sections 158 and 159 are in these terms : 38 & 39 Viet. (Section 158.) " Where a notice, plan, or description of any work is required by any byelaw made by an urban authority to be laid before that authority, the urban authority shall, within one month after the same has been delivered or sent to their surveyor or clerk, signify in writing their approval or disapproval of the intended work to the person proposing to execute the same ; and if the work is commenced after such notice of disap- proval, or before the expiration of such month without such approval, and is in any respect not in conformity with any byelaw of the urban authority, the urban authority may cause so much of the work as has been executed to be pulled down or removed. " Where an urban authority incur expenses in or about the removal of any work executed contrary to any byelaw, such authority may recover in a summary manner the amount of such expenses either from the person executing the works removed or from the person causing the works to be executed, at their discretion. " Where an urban authority may, under this section, pull down or remove any work begun or executed in contravention of any byelaw, or where the beginning or the execution of the work is an offence in respect whereof the offender is liable in respect of any byelaw to a penalty, the existence of the work during its continuance in such a form and state as to be in contravention of the byelaw shall be deemed to be a MEMORANDUM. 77 continuing offence, but a penalty shall not be incurred in respect thereof after the expiration of one year from the day when the offence was committed or the byelaw was broken." (Section 159.) " For the purposes of this Act, the re-erecting 38 & 39 Viet, of any building pulled down to or below the ground floor, c- ;>>) ' s- '"'" or of any frame building of which only the framework is left down to the ground floor, or 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, shall be considered the erection of a new building." In connection with the byelaws authorised by section 157 Tucker \. (3 and 4), and with the interpretation of the important proviso in that section, the attention of the sanitary authority may be usefully directed to the cases of Tucker v. Rees, 1 Jur. (N.S.) 629, and Burgess v. Peacock, 16 C.B. (N.S.) 624; 10 L.T. (N.S.) 617. JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1877. Local Authorities competent to adopt the model byelaws. Byelaws with respect to new streets and buildings comprising all the clauses of the model series, can be made only by an urban district council, or by a rural district council, invested by an order of the Local Government Board under 8. 276 of the Act, with the powers of an urban authority under s. 157. A rural district council, however, may, by adopting so much of Part III. of the Public Health Acts Amendment Act, 1890, as may be adopted by them under ss. 3 and 50 of that Act, obtain power to make byelaws with respect to new buildings dealing with the following matters only : The structure of walls and foundations of new buildings for purposes of health (clauses 10, 17, and 27 of the model series) ; The sufficiency of the space about buildings to secure a free circulation of air, and the ventilation of buildings (clauses 53 to 59) ; The drainage of buildings, waterclosets, earthclosets, privies, ashpits and cesspools in connection with buildings, and the closing of buildings or parts of buildings unfit for human habitation, and prohibition of their use for such habitation (clauses 60 to 90) ; The giving of notices, the deposit of plans and sections by persons intend- ing to construct buildings, inspection by the council, and the removal, alteration, or pulling down of any work begun or done in contravention of the byelaws (clauses 9295 and 97). 78 SERIES IV. NEW STREETS AND BUILDINGS. The same limited power to make byelaws as to new buildings could be obtained by a rural district council who were not desirous of adopting Part III. of the Act of 1890, by applying to the Local Government Board under s. 5 of the Act, to issue an order declaring s. 23 (3) to be in force in their district, or in a specified part thereof. Where any such application is made, or where an application for "urban powers" under s. 157 of the Act of 1875 is made by a rural district council, the instructions in the Introduction should be observed. In either of the above cases the following clauses of the model series must be omitted, viz., clauses 39, 11 16, 18 26, 28 52, 91 and 96. All references to " streets," wherever thay occur in the remaining clauses, must also be omitted. Additional byelaws under 53 & 54 Viet. c. 59. Reference has been made in the previous note, to certain subjects upon which byelaws are authorised by s. 157 of the Public Health Act, 1875, which can be dealt with by rural district councils adopting Part III. of the Public Health Acts Amendment Act, 1890, and in regard to which provisions will be found in the model code. Section 23 of the Act of 1890, however, confers upon the local authority of any district in which it is in force (whether by adoption or otherwise) the additional power of making byelaws on the following subjects : (a) The keeping waterclosets supplied with sufficient water for flushing ; (6) The structure of floors, hearths and staircases, and the height of rooms intended to be used for human habitation ; (c) The paving of yards and open spaces in connection with dwelling- houses ; (d) The provision in connection with the laying out of new streets of secondary means of access where necessary for the purpose of the removal of house refuse and other matters ; (e) The prevention of buildings, which have been erected in accordance with byelaws made under the Public Health Acts, being altered in such a way that if at first so constructed they would have con- travened the byelaws. In this list, paragraphs (a) and (e) relate to matters in regard to which " every local authority " can, by adopting Part III. of the Act, obtain power to make byelaws. Paragraph (b) likewise, so far as it relates to the structure of floors and the height of rooms to be used for human habitation, applies to every local authority adopting Part III. of the statute. The remaining subjects those referred to in paragraphs (c) and (d), and the structure of hearths and staircases referred to in paragraph (b) can only be dealt with by an urban district council adopting Part III., or a rural district council invested with the necessary urban powers. Streets and buildings to which the byelaws apply. It will be observed that, as regards both s. 157 of the Public Health Act, 1875, and s. 23 of the Public Health Acts Amendment Act, 1890, the power of making byelaws as to streets is limited to the case of " new streets." As regards buildings, it will be seen that, while the provisions of the former section, relating to the structure of walls, foundations, roofs and chimneys and the deposit of plans and sections, are limited to new or intended buildings, the rest of the section applies generally to " buildings." So far as the model series is concerned, however, the byelaws as to buildings are limited throughout to " new MEMORANDUM. 79 buildings," except as regards the clauses relating to waterclosets, earthclosets, privies, ashpits and cesspools in connection with buildings, and the closing, etc., of buildings unfit for human habitation. But although the statute authorises byelaws on some matters to be made so as to affect existing build- ings and the model clauses as to waterclosets, etc., are in fact so drawn the the proviso to s. 157 has the effect, so far as regards buildings existing at the time when the byelaws are made, of limiting the application of any byelaws made under the section to such buildings as may have been erected (in the case of a place which, at the time of the passing of Act i.e., llth August, 1875 was included in an urban sanitary district) before the Local Government Acts* came into force in such place, and (as regards places which, at the time of the passing of the Act, were not included in any urban sanitary district) before such places became constituted or included in an urban district, or were made subject to this enactment by virtue of any order of the Local Government Board. In connection with this proviso, the cases of Tucker v. Rees, and Burgess v. Peacock, which are referred to in the memorandum of the Local Government Board, may now be considered. In Tucker v. Rees (1861), 7 Jur. (N.S.) 629 ; 25 J. P. 789, a local board of health had made a byelaw under s. 34 of the Local Government Act, 1858 (21 & 22 Viet. c. 98), that wherever any open space had been left bi-longing to any building, such space should never afterwards be built upon without the consent of the board or some committee appointed and authorised by the board, and without leaving an open space belonging to such building of a specified size and dimensions. And it was held that if the byelaw applied to open spaces belonging to old buildings, it was bad, as exceeding the powers conferred by s. 34. It is not quite clear what was'meant by " old buildings " here ; but seeing that the byelaw in question was not confined to buildings erected after the constitution of the district, as it should have been by reason of the proviso to s. 34 of the Local Government Act, 1858, but in terms applied to " any building," the better view would seem to be that this was the real ground of the decision, and not that the byelaw could not properly have applied to any building existing at the date when the byelaws were made. This view would be consistent with the decision in Burgess v. Peacock (1864), 16 C. B. (N.S.) 624 ; 10 L. T. (N.S.) 617 ; 10 Jur. (N.S.) 803, where it was held that s. 34 of the Local Government Act, 1858, did not authorise a local board of health to make any byelaw with respect to the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation, so as to affect premises erected prior to the date of the formation of the district of the local board. The provision in s. 23 (2) of the Public Health Acts Amendment Act, 1890, must next be referred to. This sub-section enacts that any byelaws under s. 157 of the Act of 1875, with regard to the drainage of buildings, and to waterclosets, earthclosets, privies, ashpits, and cesspools in connection with buildings, may be made so as to affect buildings erected before the times mentioned in the said section. The same provision is made with reference to byelaws under the Act of 1890, as to keeping waterclosets supplied with sufficient water for flushing. An addition to clause No. 1 of the Local Government Board's model series, by adopting which the byelaws as to waterclosets, etc., may be extended (where s. 23 (2) of the Act of 1890 See definition in Schedule V. to the Public Health Act, 1875. 80 SERIES IV. NEW STREETS AND BUILDINGS. is in force) so as to apply to all existing as well as all new buildings is suggested on p. 90. Besides the limitations as to time prescribed by s. 157, the section contains an express exemption in favour of Buildings belonging to any railway company and used for the purposes of such railway under any Act of Parliament. This exemption does not, however, enable a railway company to build cottages for their servants without complying with the byelaws, for such buildings are not " used for the purposes of the railway " within the meaning of the proviso (Manchester, Sheffield, and Lincolnshire Rail. Co. v. Barnsley Union (1892), 56 J. P. 679 ; 67 L. T. (N.S.) 119). Some further exemptions are provided for by clause 2 of the Model Byelaws. What is a "new Street." The word street in s. 157 is used with reference to new streets, and was held to mean not only the roadway but the roadway with the houses. In Baker v. Mayor, etc. of Portsmouth (1877), 3 Ex. D. 4 ; 37 L. T. (N.S.) 381 ; 25 W. R. 677 ; affirmed in the Court of Appeal (1878), 3 Ex. D. 157 ; 47 L. J. Ex. 223 ; 37 L. T. (N.S.) 822 ; 26 W. R. 303 ; 42 J. P. 278, BRAMWELL, L.J., said : " T have come to the conclusion that the words of sub-section (1) ' 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. I have come to this conclusion, not upon any authority, for I cannot see that any authority has any bearing upon the matter, except to show that the word street may have such a meaning, but because it is the right meaning of the words." A similar interpretation had been put upon the term as used in a local Act in Galloway v. Corporation of London (1866), L. R. 1 H. L. 34 ; 35 L. J. Ch. 477 ; 12 Jur. (N.S.) 747 ; 14 L. T. (N.S.) 865 ; 30 J. P. 580, though it was said, in another case decided upon a different section of the same Act, that this was not the primd facie meaning of the word, and it was accordingly held that the word, as used in the last-mentioned section, did not include the houses. (London, Chatham, and Dover Rail. Co. v. Mayor, etc. of London (1868), 19 L. T. (N.S.) 250.) An urban authority made a byelaw under the Public Health Act, 1875, directing that all new streets should be of a width of not less than ten feet. Certain ways existed communicating with the backs of houses, and used by the urban authority, who did the scavenging of the town, for the purpose of obtaining access to privies and ashpits in order to remove the contents thereof. Plans were submitted for approval to the urban authority, showing ways, such as are above described, ~of the width of six feet ; and the urban authority, acting under the byelaw, refused to approve such plans. It was held, discharging a rule for a mandamus to compel the approval of the plans, that the ways in question were " passages " within the meaning of the above definition, and, therefore, streets (R. v. Goole Local Board, [1891] 2 Q. B. 212 ; 60 L. J. Q. B. 617 ; 64 L. T. (N.S.) 595 ; 30 W. R. 608 ; 55 J. P. 535). A cul-de-sac may be a street and public highway (Souch v. East London Rail. Co. (1873), L. R. 16 Eq. 105 ; 42L.J.Ch.477; 21W.R.590; 37 J. P. 644). So also a highway, one end of which has been legally stopped (R. v. Burney (1871), 39 J. P. 599 ; 31 L. T. 828). But a way ceases to be a public highway when access at both ends has been cut off legally (Bailey v. Jamieson (1876), 1 C. P. D. 329 ; 34 L. T. (N s.) 62 ; 24 W. R. 456 ; 40 J. P. 486). The case of Baker v. Mayor, etc. of Portsmouth (supra) was approved by the House of Lords in Robinson v. Barton Local Board (1883), 8 App. Cas. 798 ; 53 L. J. Ch. MEMORANDUM. 226 ; 50 L. T. (N.S.) 57 ; 32 W. R. 249 ; 48 J. P. 276, where it was held that a country lane, which had long been a street within the meaning of the definition, might become a new street when houses came to be built by the side of it. This had already been decided under the Metropolis Management Acts in Pound v. Plumstead Board of Works (1871), L. R. 7 Q. B. 183 ; 41 L. J. M. C. 51 ; 25 L. T. (N.S.) 461 ; 20 W. R. 117 ; 36 J. P. 468 ; Dryden v. Overseers of Putney (1876), 1 Ex. D. 223 ; 34 L. T. (N.S.) 69 ; 40 J. P. 263. It has been stated that the question whether a place is a street is a question of fact only after it has been determined in what sense the word street is used in the particular case under consideration. (See Eccles v. Wlrral Union (1886), 16 Q. B. D. 107.) But it is always a question of fact whether a place already a street, as defined in s. 4 of the Public Health Act, 1875, has become a new street (E. v. Dayman, 7 E. & B. 672 ; 26 L. J. M. C. 128 ; 3 Jur. (N.S.) 744 ; 22 J. P. 39 ; E, v. Fullford, 33 L. J. M. C. 122 ; 10 L. T. (N.S.) 346 ; 10 Jur. (N.S.) 522 ; 12 W. R. 715 ; 28 J. P. 357 ; E. v. St. Mary, Islington, E. B. & E. 743 ; 22 J. P. 383 ; St. Mary, Islington v. Barrett, L. R, 9. Q. B. 278 ; 43 L. J. M. C. 85 ; 30 L. T. (N.S.) 11 ; 38 J. P. 198 ; Dodd v. Vestry of St. Pancras, 34 J. P. 517 ; Boides v. St. Mary, Islington, 39 J. P. 757 ; B. v. Shiel, 50 L. T. (N.S.) 590 ; Wilson v. St. Giles, Camberwell (Vestry of), [1892] 1 Q. B. 1 ; 61 L. J. M. C. 3 ; 65 L. T. (N.S.) 790; 40 W. R. 41 ; 56 J. P. 167 ; 8 T. L. R. 20 ; St. Giles, Camberwell (Vestry of) v. Crystal Palace Co., [1892] 2 Q. B. 33 ; 61 L. J. Q. B. 802; 66 L. T. (N.S.) 840; 40 W. R. 648; 57 J. P. 5; 8 T. L. R. 233. And see also North London Eail. Co. v. St. Mary, Islington (1873), 27 L. T. (N.S.) 672 ; 21 W. R. 226 ; 37 J. P. 341 ; Robinson v. Barton Local Board (supra), and the cases cited in the note on the question of what amounts to laying out a new street. It is to be observed, however, that the court will inquire whether there has been any evidence to justify the finding of the justices (ir;ili(ims v. Pawning (1883), 48 L. T. (N.S.) 672 ; Midland Eail. Co. v. Watton (1886), 17 Q. B. D. 30 ; 34 W. R. 524 ; 55 L. J. M. C. 99 ; 54 L. T. (N.S.) 482 ; 50 J. P. 405). What is "laying out a new street." Where the owner of a strip of land by the side of a lane, which ran into a road, began to build on a portion of his land a house fronting to the road, the side of which abutted on the lane, and there was nothing to show any intention on his part of building other houses along the lane on the remainder of his land, it was held that he was not laying out a new street along the lane (St. George's Local Board v. Ballard, [1895] 1 Q. B. 702 ; 64 L. J. Q. B. 547 ; 72 L. T. 345 ; 43 W. R. 409 ; 59 J. P. 182 ; 14 R. 293). In Williams v. Pawning (1883), 47 J. P. 486 ; 48 L. T. (N.S.) 672 it appeared that W. had ground abutting on one side of a lane two hundred and fifty feet long and six feet wide, adjoining a town. There were no houses in the lane. W. built six cottages standing back fifteen feet from the lane. The lane was within an urban district, the byelaws of which required new Itreeta (not being carriage ways) to be eighteen feet wide. W. was convicted of having laid out a new street contrary to the byelaws. It was held that the conviction was wrong, the mere fact of six cottages being built in the lane not making it a new street. The court considered that there was no evidence to justify the finding ; but when there is any evidence the court will not enquire into its sufficiency. See also Robinson v. Barton Local Board (supra); North London Eail. Co. v. St. Mary, Islington (1873), 27 L. T. (N.S.) 672 ; 21 W. R. 226 ; 37 .1. 1'. 341 ; Vettry of St. Mary, Battersea v. Palmer, [1897] 1 Q. B. 220 ; (id .!. I'. 771 ; sr, L. J. Q. B. 77; 75 L. T. 362 ; 13 T. L. R. 20 ; 45 W. R. 110, 82 SERIES IV. NEW STREETS AND BUILDINGS. What is a "building." In Fielding v. Rhyl Improvement Commissioners (1878), 3 C. P. D. 272 ; 38 L. T. (N.S.) 223 ; 26 W. R. 881 ; 42 J. P. 311, DENMAN, J., said that " the word ' building ' primd facie means every structure that could in any sense be called a building, even if erected for a mere temporary purpose." But for the purposes of the Public Health Acts the word is not to be used in this extended sense. Regard must be had to the object and purpose of the building and the object of the byelaws. The decisions quoted under the paragraph " What is a ' new building ' " illustrate this. In Slaughter v. Mayor of Sunderland (1891), infra, VAUGHAX- WILLIAMS, J., denned "building" as meaning "a structure which has, or is adapted for including in its composition some one of the features which are dealt with in the byelaws." What is a "new building." By s. 159 of the Public Health Act, 1875, it is enacted : " For the purposes of this Act the re-erecting of any building pulled down to or below the ground floor, or of any frame building of which only the framework is left down to the ground floor, or 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, shall be considered the erection of a new building." The section, it will be observed, does not exhaust the definition of a new building ; it only describes what shall be considered to be a new building in particular cases. It does not provide for the conversion of a dwelling-house into a house for other purposes, such as a factory or hall for public meetings, although it provides for the conversion of a house into a dwelling-house. It is probably intended that such a conversion would not amount to the erection of a new building under the Public Health Act or under the byelaws. If this construction be correct there seems to be no means of controlling or preventing such a conversion, although the converted premises would be unsuited for the purposes intended. Subject to s. 159 of the Public Health Act, 1875, it may be said that the question whether in any particular case a " new building " has been erected or commenced, is one for the decision of the justices before whom any proceedings may be taken for the enforcement of the byelaws. The mere alteration of a building, even where the alterations are extensive, cannot be dealt with by means of byelaws under s. 157 of the Act of 1875. (As to this, see s. 23 (4) of the Public Health Acts Amendment Act, 1890.) In certain cases the nature and extent of the alterations may be such as to bring the work (independently of s. 159) within the scope of the byelaws affecting new buildings. But, as before stated, this is a matter for the decision, in the first instance, of the justices. " The question," said Lord COLERIDGE, C.J., in James v. Wyrill (1884), 48 J. P. 725 ; 51 L. T. 237, " whether a building is a new building or not, has been decided over and over again to be a question of fact : it is a question of degree. For instance, if a building were nearly all taken away and then rebuilt, it clearly would be a new building ; on the other hand, it is quite clear that by a small addition of, say, a door, the building would not therefore become a new building. Between these two extreme cases there may be thousands of cases, and it would be impossible to give a definition in each particular case as to what is, or is not, a new building ; and it must be left to the discretion of each judge to decide for himself what is a new building. So that the question is and must be a question of fact." Where certain premises were used and occupied as a public-house, known MEMORANDUM. 83 as the " Old Swan," and were partly pulled down to the ground, the old garden wall dividing it from the adjoining premises had in some places been taken down to the foundation and rebuilt with a suite of rooms erected above it, and the structure erected was a comfortable, good-looking dwelling-house, which before it was not, and the magistrate found that the structure was a new building, the court refused to disturb the finding on the ground that it was a question of fact (James v. Wyrill (supra) ). A stable in a yard at the rear of certain premises was pulled down and re- erected, of smaller superficial dimensions, but somewhat higher, in another part of the same yard, the old materials with some addition, and the boundary walls of the yard being made use of in such re-erection. The court held, reversing the decision of the justices, that this was a "new building" within the corresponding provisions of the Local Government Act, 1858 (21 & 22 Viet, c. 98), s. 34, and byelaws made thereunder (Hobbs v. Dance (1873), L. R. 9 C. P. 30 ; 43 L. J. M. C. 21 ; 29 L. T. (x.s.) 687 ; 22 W. E. 90 ; 38 J. P. 56). The court was not precluded from disturbing the decision of the justices, because the point reserved was one of law for the opinion of the court. KEATING, J., said : "I am of opinion that the magistrates did not intend to refer to us a question of fact. What they have referred to us is whether, looking at the Act of Parliament and the byelaws, the structure in question was a new building within the meaning of the Act. This is a thing that is quite within the mischief of the Act ; and the facts stated do, in my opinion, shew that it is a new building within the Act." BRETT, J., said : " In substance they say that, according to their interpretation of the Act, this was a new building within it ; and they ask us if that is a correct interpretation." DEXMAX, J., said : " If the magistrates meant to say that they found as a fact that the building in question was not a new building, I should incline to think that we ought not to interfere, though I might have differed from them in opinion. But that is evidently not what they meant to say. They meant to say that such a new building as they have described could not in point of law be a new building, I think it could." Where a person was charged under the West Hartlepool Improvement Act, 1870, with unlawfully erecting a new building without notice to the local board, the building was made of wood, thirty feet long and thirteen feet wide, and was brought along the street on wheels and put at the corner of a new street ; it had spouts and a down corner, had a supply of gas, and was used as a butcher's shop ; it was held that the justices were right in treating this as a new building, and subject to the ordinary requirements of new buildings (Ricliardson v. Brown (1885), 49 J. P. 661). In considering whether a structure (,f lliis kind is a new building, the object of erecting or using it must be considered. Lord COLERIDGE, C.J., said (ibid. p. 662) : " The question is for what purpose is the building there. I think it is not at all intended to be us.-d merely as a caravan, but to all intents and purposes it is a house or building and is so used, and the wheels have been adopted evidently with the intention of evading the Act of Parliament." Where the proprietor of a house erected before the construction of the local board, which house had a coach-house and stable attached to it, pulled down the coach-house and stable, and erected a building partly thereon and partly en an adjoining piece of land opening into an old back street, the access to the old building being by a covered way, it was held not to be a new building within the meaning of the Local Government Act, 1858, s. 34, but only an addition to an old building (Shiel v. Sunderland (Mayor of) (1861), 6 H. & N. 796 ; 30 L. J. M. C. 215 ; 25 J. P. 647). o 2 SERIES IV. NEW STEEETS AND BUILDINGS. The appellant was convicted of erecting certain structures of brick and mortar upon certain land without giving any notice or delivering any plans. It appeared that structure No. 1 was built with nine-inch walls, and contained two rooms, one of which had a fire-place and chimney. No. 2 consisted of upright walls, some two feet thick, in the form of a square, having an opening at either end, measuring about twelve yards on each side. The appellant had in contemplation the building of a number of cottages in the immediate neighbourhood of such structures ; and the first-mentioned structure was for the storing of tools and the general convenience of the workmen proposed to be employed in the erection of such cottages ; the other being for the purpose of a brick kiln. Both structures were intended to be pulled down by the appellant upon the completion of the cottages. The court held that the conviction was bad on the grounds that they were only temporary structures and not intended for residential purposes (Fielding v. Rhyl Improvement Commissioners (1878), 3 C. P. D. 272 ; 38 L. T. 223 ; 26 W. R. 881 ;42 J. P. 311). An advertising company, who were the occupiers of a plot of land within the borough of Sunderland, which plot was already enclosed by a wooden hoarding, raised their boarded walls or hoardings to a height of from thirteen to nineteen feet, and put inside upright timbers, and connected the hoarding on the sides of the ground by cross-pieces which acted as ties. The land within was used for preparing wood for hoardings to be used elsewhere. It was held, on appeal from conviction under a byelaw, that the structure was not a new building, that the byelaws pointed to a building with a roof and capable of affording protection or shelter, and that the word " building " in the byelaw meant some structure containing some feature contemplated by and dealt with in the byelaws (Slaughter v. Sunderland (Mayor, etc. of) (1891), 60 L. J. M. C. 91 ; 65 L. T. 250 ; 55 J. P. 519 ; 7 T. L. R. 296). B. was summoned for building over an open space in his brewery without giving notice and without the approval of the local board, contrary to a byelaw. The building was a boiler substituted for a smaller one, and partly sunk in the ground with a casing of nine-inch brickwork, four feet high, leaving the top of the boiler uncovered. It was held that this was not a new building within the Public Health Act, 1875, s. 157, and the byelaw (Gery v. Black Iron Brewery Co. (1891), 55 J. P. 711). SMITH, J., in his judgment, pointed out that all the details in the byelaws were as to " the structure, width, and so forth of walls for stability," and that these matters did not apply to the present structure. Where a house had been built with a conservatory on the first floor, in accordance with plans duly passed by the sanitary authority, and the respon- dent subsequently pulled down the conservatory and in its place built a bedroom, raising a portion of one of the external walls of the house for this purpose, the bedroom being of the same height and occupying no more space than the conservatory had done, and the justices dismissed a summons charging the respondent with having begun to erect a building to which the byelaws relating to new buildings applied without giving notice, on the ground that as the bedroom did not occupy any more space than the conservatory, the respondent had not made an addition to an existing building within the meaning of the byelaw ; the Queen's Bench Division held that the justices were wrong, and the mere fact that the bedroom did not occupy any greater space than the conservatory for which it was sub- stituted, did not necessarily prevent its being an addition to an existing building. As HUDDLESTON, B., pointed out, in the course of his judgment, MEMORANDUM. 85 the justices might have found as a fact that the bedroom was not an addition (Meadow v. Taylor (1890), 24 Q. B. D. 717 ; 54 J. P. 757 ; 59 L. J. M. C. 99 ; 62 L. T. 658). A lean-to conservatory, built of wood and glass, and measuring fifteen feet by nine feet, and not heated in any way, was held, by the Court of Appeal, not to be a " building " within the meaning of a byelaw made under s. 157 of the Public Health Act, 1875, which required every new building to be enclosed with walls constructed of good bricks, etc. (Hibbert v. Acton Local Board (1889), 5 T. L. R. 274). Sewerage of new streets. Although byelaws on this subject are authorised by s. 157 of the Public Health Act, 1875, the matter is not dealt with in the model series. " The reason for this is that the conditions which such byelaws must satisfy are, to so great an extent, dependent upon the varying circum- stances of different localities" (Circular, Local Government Board, July 25th, 1877). The Local Government Board, moreover, appear to consider that the matter is not one in regard to which byelaws can usefully be made. "It may be doubted," they say in the same circular, " whether any powers which, under such byelaws, may be lawfully assumed by sanitary authorities, will, as regards extent and efficacy, compare with the powers which they derive from the express provisions of the Public Health Act." (See also s. 41 of the Public Health Acts Amendment Act, 1890 (53 & 54 Viet. c. 59), and the provisions of the Private Street Works Act, 1892 (55 & 56 Viet. c. 67).) A provision requiring notice to be given to the surveyor of the district council before covering up a sewer in a new street, will be found in model clause 93. SERIES IV. NEW STEEETS AND BUILDINGS. ^NoTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval before they are adopted by the local authority.} BYELAWS MADE BY THE* WITH RESPECT TO NEW STREETS AND BUILDINGS, INf Interpretation of Terms. 1. In the construction of the byelaws relating to new streets and buildings the following words and expressions shall have the meanings herein-after respectively assigned to them, unless such meanings be repugnant to or inconsistent with the context or subject matter in which such words or expressions occur : that is to say, " District " means thef : " Council " means the* : " Base " applied to a wall means the under side of the course immediately above the footings : " Topmost storey " means the uppermost storey in a building, whether constructed wholly or partly in the roof or not, and whether used or constructed or adapted for human habitation or not : " Party wall " means : (a.) A wall forming part of a building and being used or constructed to be used in any part of the height or length of such wall for separation of adjoin- ing buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons ; or * "Mayor, aldermen, and burgesses of the borough of , acting by the council : ' ; or, " Urban [or Rural] District Council of " ; as the case may be. t Insert name of borough or urban or rural district or, if the byelaws are to apply to part only of a rural district, "that portion of the Rural District of which comprises the contributory places of " ; as the case may be. INTERPRETATION OF TERMS. 87 (b.) A wall forming part of a building and standing, in any part of the length of such wall, to a greater extent than the projection of the footings on one side on grounds of different owners : "External wall" means an outer wall of a building not being a party wall, even though adjoining to a wall of another building : "Public building" means a building used or constructed or adapted to be used, either ordinarily or occasionally, as a church, chapel, or other place of public worship, or as a hospital, workhouse, college, school (not being merely a dwelling-house so used), theatre, public hall, public concert room, public ball-room, public lecture room, or public exhibition room, or as a public place of assembly for persons admitted thereto, by tickets or otherwise, or used or constructed or adapted to be used, either ordinarily or occasionally, for any other public purpose : "Building of the warehouse class" means a warehouse, factory, manufactory, brewery or distillery : "Domestic building" means a dwelling-house or an office building, or other out- building appurtenant to a dwelling- house, whether attached thereto or not, or a shop, or any other building not being a public building, or of the warehouse class : "Dwelling-house " means a building used or constructed or adapted to be used wholly or principally for human habitation : "Width," applied to a new street, means the whole extent of space intended to be used, or laid out so as to admit of being used as a public way, exclusive of any steps or projections therein, and measured at right angles to the course or direction or intended course or direction of such street. Interpretation of terms. Where terms used in the byelaws occur also in the Public Health Acts, and are there defined, " the proper mode of construc- tion" will be "to apply the same interpretation to terms used in a byelaw which is applied to the same terms in the Act " (Blashill v. Chambers (1884), 14 Q. B. D. 479 ; 53 L. T. (N.S.) 38 ; 49 J. P. 388). Thus, the expression " street " requires no definition in the byelaws, as it is defined by e. 4 of the SERIES IV. NEW STREETS AND BUILDINGS. Publie Health Act, 1875.* Where an expression is used in the Act, without being defined therein, the byelaws cannot define what it means. " Building " is an expression of this kind.* As regards all byelaws made after January 1st, 1890, it is provided by s. 31 of the Interpretation Act, 1889, that expressions used in the byelaws shall have the same meanings as in the Act by which they are authorised to be made. Statutory terms, therefore, should not be defined in the byelaws. "Party wall." The definition here given does not include "party fence walls," and such walls are outside the scope of the byelaws. This definition is an expansion of the definition contained in s. 3 of the now repealed Metropolitan Building Act, 1855 (18 & 19 Viet. c. 122), which defined " party wall " as applying to every wall used or, built in order to be used, as a separation of any building from any other building, with a view to the same being occupied by different persons. Upon this enactment, FRY, J., in Knight v. Pursell (1879), 11 Ch. D. 412, at p. 414, observed as follows : " It appears to me, on reading the definition of a party wall contained in the 3rd section of the Act, that the intention is to define a party wall not by reference to the rights of ownership, which the adjoining proprietors may have in any particular wall in dispute, but by reference to the mode in which the wall is used. It is a question not of title but of user. The object of the Act is to limit the acts of private owners for the general benefit of the public, to prevent the spread of fire, and for similar purposes. And therefore, in order to determine whether this wall is a party wall, it is not necessary to consider what rights the plaintiff and defendant have, but what is the physical condition, position, and user of the wall." In Knight v. Pursell (1879), 11 Ch. D. 412 ; 48 L. J. Ch. 395 ; 40 L. T. (N.S.) 397 ; 27 W. E, 817 ; 43 J. P. 622, the facts were that the plaintiff was the owner of a boundary wall built on his own land, against which he had built some closets, and the defendant, his adjoining neighbour, had recently built a substantial structure. FRY, J., held that so far as these buildings extended against both sides of the wall it was a party wall within the meaning of the Act, and that the defendant was entitled, on giving proper notice under the Act, to take down such part as might be necessary for the purpose of necessary rebuilding. This decision was affirmed in the Court of Appeal (W. N. (1880), p. 104). The definition of " party wall " in s. 5 (16) of the London Building Act, 1894, is modelled on the definition in these byelaws, but omits from clause (a) the words, " in any part of the height or length of such wall," and omits from clause (b) the words, "in any part of the length of such wall." But s. 58 of that Act enacts that " in either of the following cases, (a) when a wall is after the commencement of this Act built as a party wall in any part ; or (b) where a wall built before or after the commencement of this Act becomes after the commencement of this Act a party wall in any part ; the wall shall be deemed a party wall for such part of it3 length as is so used." And it was held in Drury v. Army and Navy Auxiliary Co-operative Supply Co., Ltd., [1896] 2 Q. B. 271 ; 65 L. J. M. C. 169 ; 74 L. T. (N.S.) 621 ; 44 W. R. 560 ; 60 J. P. 421 ; 12 T. L. R. 404, that under s. 75 of that Act, a wall was only a party wall in so far as it divided one portion of a building from another, or one building from another, so that where the wall in question was carried up above the roof of the lower portion of the building, so as to form merely the outside wall of the upper portion, it ceased to that extent to be a party wall. This decision * For decisions of the courts of law affecting the construction of the terms "street" and " building," see ante, pp. 78 85. INTEEPEETATION OF TERMS. followed Western v. Arnold (1873), L. R. 8 Ch. App. 1084 ; 43 L. J. Ch. 123 22 \V. R. 284, where it was held that a wall might be a party wall within the meaning of the Bristol Improvement Acts, 1840 and 1847, for part of its length or height, and an external wall for the remainder of its length or height. The general meaning of the term " party wall " is discussed by FRY, J., in Watson v. Gray (1880), 14 Ch. D. 192, at p. 194, as follows : " The words appear to me to express a meaning rather popular than legal, and they may, I think, be used in four different senses. They may mean, first, a wall of which the two adjoining owners are tenants in common, as in Wiltshire v. Sidford ( 1 827), 1 M. & R. 404, and Cubitt v . Porter (1828), 8 B. & C. 257. I think that the judgments in those cases show that that is the most common and primary meaning of the term. In the next place the term may be used to signify a wall divided longitudinally into two strips, one belonging to each of the neighbouring owners, as in Matts v. Hawkins (1813), 5 Taunt. 20. Then, thirdly, the term may mean a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements. The term is so used in some of the Building Acts. Lastly, the term may designate a wall divided longitudinally into two moieties, each inoiety being subject to a cross easement in favour of the owner of the other moiety." This case of Watson v. Gray is also reported 49 L. J. Ch. 243 ; 42 L. T. (N.S.) 205 ; 44 J. P. 427. The effect of the Metropolitan Building Act, 1855, upon the common law rights of co-owners of a party wall is discussed by JESSEL, M.R., in Standard Bank of British South America v. Stokes (1879), 9 Ch. D. 68 ; 47 L. J. Ch. 554 ; 38 L. T. (x.s.) 672; 26 W. R. 492; 43 J. P. 91. The application of the model byelaws to walls, which, though originally constructed as external walls, subsequently become party walls, is referred to at page 124, post. " External wall." This definition has reference to the decision in Green v. Eales (1841), 2 Q. B. 225, where it was held that the external parts of premises are those which form the inclosure of them, and beyond which no part of them extends ; and it is immaterial whether they are exposed to the atmo- sphere, or rest upon and adjoin some other building which forms no part of the premises let. With regard to this definition the cases of Drury v. Army and Navy Auxiliary Co-operative Supply Co.,, Ltd., and Weston v. Arnold, cited in the note above, should be referred to. On the question of ownership, it may be observed that it has been decided that a lease of the rooms on a floor is a lease of a separate dwelling, and includes the outer wall so far as it is solely appropriate to the rooms let (Carlisle Cafe Co. v. Muse Brothers & Co. (1897), 67 L. J. Ch. 53; 77 L. T. 515 ; 46 W. R. 107). "Public building. "As defined in the London Building Act, 1894, this term also includes " a building used or constructed or adapted to be used as an hotel, lodging-house, home, refuge, or shelter, where such building extends to more than 250,000 cubic feet, or as sleeping accommodation for more than one hundred persons." Under the definition contained in s. 3 of the now repealed Metropolitan Building Act, 1855, it was held that an ambulance station, built by direction of the Metropolitan Asylum managers, and paid for out of poor rates, and consisting of several buildings having a separate access, and not structurally connected with any hospital, was not a public building (Josolyne v. Meeson (1885), 53 L. T. (N.S.) 319 ; 49 J. P. 805). SERIES IV. NEW STREETS AND BUILDINGS. " Building of the warehouse class." The definition of this term in the London Building Act, 1894, extends it, for the purposes of that Act, to "any other building exceeding in cubical extent 150,000 cubic feet which is neither a public building nor a domestic building." " Dwelling-house " is not defined in the Public Health Acts. It is, how- ever, defined in the London Building Act, 1894, in precisely the same terms as are used here. With reference to this definition, the observations of BOWEN, L.J., in Wright v. Ingle (1885), 16 Q. B. D. at p. 399, on the general meaning of the term may be usefully cited. He defined a dwelling-house as a building capable of being used as a dwelling for man, and continued, " There may be two obstacles which render a building incapable of being so used. First, it may be physically incapable of being reasonably so used on account of its construction ; neither the Duke of York's column, nor a tombstone, nor an open shed, nor the Prince Consort's memorial, could, by any fit use of language, be said to be capable of being used as a dwelling for man. This is a physical incapacity. But, secondly, there may be a legal incapacity preventing a building from being used as a dwelling for man, an incapacity existing either at common law or by statute. An instance of legal incapacity is afforded by a church of the Established Church of England. By the consecration of such a church the status of the building and of the soil is altered. The building is, by the ecclesiastical law, separated for ever from the common uses of mankind. It is dedicated thenceforward to sacred services, and the law precludes it from being ever capable of use for ordinary secular purposes." This case of Wright v. Ingle, is also reported 55 L. J. M. C. 17 ; 54 L. T. (N.S.) 511 ; 34 W. R. 221 ; 50 J. P. 436. " Width." The definition allows areas covered with gratings or plates to be reckoned in the width of a street ; but forecourts, and areas not so covered, cannot be included in the width of the street. " Building." In order to give effect to the provision in s. 23 (2), of the Public Health Acts Amendment Act, 1890, authorising byelaws with respect to waterclosets, earthclosets, privies, ashpits, and cesspools, in connection with buildings, to be made so as to affect buildings erected before the times mentioned in s. 157 of the Public Health Act, 1875, the following definition of " building " is usually inserted at the end of clause 1 : Definition of " Building," when used in any byelaw with respect to water- " building' closets, earthclosets, privies, ashpits, or cesspools in connection tor purposes of Public Health Acts Amendment Act, 1890. Exempted buildings. with buildings, means a building erected either before or after the times mentioned in section 157 of the Public Health Act, 1875. Exempted buildings. 2. The following buildings shall be exempt from the operation of the byelaws relating to new streets and buildings : (a.) Any building in Her Majesty's possession, or employed or intended to be employed for Her Majesty's use or service : EXEMPTED BUILDINGS. 91 (b.) Any county or borough lunatic asylum, and any build- ing or part of a building belonging to the council of any county, city, or borough, and used or intended to be used for the detention of any prisoners : (c.) Any gaol, house of correction, bridewell, penitentiary, or other prison, and any building occupied or intended to be occupied by any prison officer for the use of such prison and contiguous thereto : (d.) Any building (not being a dwelling-house) belonging to any person or body of persons authorised by virtue of any Act of Parliament to navigate on or use any river, canal, dock, harbour, or basin, or to demand any tolls or dues in respect of the navigation of such river or canal, or the use of such dock, harbour, or basin, and used or intended to be used exclusively under the provisions of such Act of Parliament for the purposes of such river, canal, dock, harbour, or basin : (e.) Any building (not being a dwelling-house) erected or intended to be erected in connection with any mine, and used or intended to be used exclusively for the working of such mine : (/.) Any building erected or to be erected according to plans previously approved by the Land Commissioners for England or the Board of Agriculture under the Improvement of Land Act, 1864, or other Act or Acts for the improvement of land : (g.} Any building which may not be exempt by the opera- tion of any of the preceding clauses of this byelaw, and which may be erected or may be intended to be erected in accordance with such plan and in such manner as may be approved or directed in pursuance of any statutory provision in that behalf by one of Her Majesty's Principal Secretaries of State : (h.) Any building erected and used, or intended to be erected and used, exclusively for the purpose of a plant-house, orchard-house, summer-house, poultry-house, or aviary which shall be wholly detached, and at a distance of ten feet at the least from any other building, and which shall not be heated otherwise than by hot water, and in which the fireplaces (if any) shall be detached with no flues of any kind within such plant-house, orchard- house, summer-house, poultry-house, or aviary : SERIES IV. NEW STREETS AND BUILDINGS. (i.) Any building which shall not exceed in height thirty feet as measured from the footings of the walls, and shall not exceed in extent one hundred and twenty - five thousand cubic feet, and shall not be a public building, and shall not be constructed or adapted to be used either wholly or partly for human habitation, or as a place of habitual employment for any person in any manufacture, trade, or business, and shall be distant at least eight feet from the nearest street, and at least thirty feet from the nearest building and from the boundary of any adjoining lands or premises : ( /.) Any building which shall exceed in height thirty feet as measured from the footings of the walls, and shall exceed in extent one hundred and twenty-Jive thousand cubic feet, and shall not be a public building, and shall not be constructed or adapted to be used either wholly or partly for human habitation, or as a place of habitual employment for any person in any manu- facture, trade, or business, and shall be distant at least thirty feet from the nearest street, and at least sixty feet from the nearest building and from the boundary of any adjoining lands or premises : (&.) Any building erected or intended to be erected for use solely as a temporary hospital for the reception and treatment of persons suffering from any dangerous infectious disorder. Exempted buildings. The buildings included in the foregoing byelaw are of two kinds, (a) buildings the construction of which is subject to the control of some Government Department, and (6) buildings which on general grounds it would be unreasonable or inexpedient to bring within the operation of the model code. Crown property. The general rule of law is that the Crown is not bound by such statutes as do not particularly and expressly mention it. But to this rule there is a most important exception, namely, that the Crown is impliedly bound by statutes passed for the general public welfare. "Whether the Public Health Acts coine within the exception has never been directly decided. It will be seen, however, that s. 327 of the Public Health Act, 1875, contains an express saving for lands or other property vested in the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of the Lord High Admiral for the time being, or in Her Majesty's Principal Secretary of State for the War Department for the time being. It may not, therefore, be unnecessary to expressly exempt the buildings mentioned in paragraph (a) of the byelaw from the operation of the succeeding clauses. It may further be mentioned that s. 15 of the Infectious Disease (Notification) Act, 1889, expressly provides that " nothing in this Act shall extend to any building, ship, van, shed, or similar structure EXEMPTED BUILDINGS. 93 belonging to Her Majesty the Queen, or to any inmate thereof." So, also, s. 202 of the London Building Act, 1894, expressly provides that "there shall be exempted from so much of the provisions of this Act as relates to buildings or structures every building structure or work vested in and in the occupation of Her Majesty, Her heirs and successors, either beneficially or as part of the hereditary revenues of the Crown, or in trust for the public service or for public services ; also any building, structure or work vested in and in the occupation of any department of Her Majesty's Government, or of the metropolitan police, or of the trustees of the British Museum for public purposes, or for the public service ; also any building, structure or work vested in or occupied for the service of the Duke of Cornwall for the time being." See also s. 6 of the Metropolitan Building Act, 1855 (18 & 19 Viet. c. 122) ; ss. 24 and 25 of the Metropolis Management and Building .Acts Amendment Act, 1878 (41 & 42 Viet. c. 32) ; and s. 24 of the Metropolis Management and Building Acts Amendment Act, .1882 (45 Viet. c. 14). Under the first of these repealed enactments it was held that buildings erected by the Commissioners of Lieutenancy of the City of London, under statute 1 Geo. 4, c. 100, s. 39, and 17 & 18 Viet. c. 105, s. 2, for the custody of the arms and stores of the militia, were within the exemption as " employed for Her Majesty's use or service" (R. v. Jay (1857), 8 E. & B. 469 ; S. 0. Jay v. Hammon or Hammond, 27 L. J. M. C. 25 ; 4 Jur. (N.S.) 407 ; 30 L. T. (o.s.) 133 ; 6 W. K, 41 ; 22 J. P. 527). Reference may also be made to the case of Pearson v. Holbom Union, [1893] 1 Q. B. 389 ; 62 L. J. M. C. 77 ; 68 L. T. (x.s.) 351 ; 57 J. P. 169 ; 5 R. 290, on the exemption of volunteer drill halls and store houses from local rates, and other cases such as Leith Harlour Commissioners v. The Inspector of the Poor (1866), L. R. 1 H. L. Sc. 17 ; Lord Amherst v. Lord Sommers (1788), 2 T. R. 372 ; Smith v. Birmingham Guardians (1857), 7 E. & B. 346 ; 26 L. J. M. C 105 ; 3 Jur. (N.S.) 769 ; R. v. McCann (1868), L. R. 3 Q. B. 141 ; 37 L. J. M. C. 123 ; 16 W. R. 985 ; 19 L. T. (x.s.) 115 ; 32 J. P. 579. Lunatic asylums. Under s. 254 of the Lunacy Act, 1890 (53 Viet. c. 5), as amended by s. 16 of the Lunacy Act, 1891 (54 & 55 Viet. c. 65), the approval of a Secretary of State is required to any plans or contracts agreed upon by a visiting committee, for the purchase of lands and buildings, or for the erection, enlargement, etc., of buildings, for the provision of asylum accommodation. Lock-up houses. As to the latter part of paragraph (/>), which appears to refer to lock-up houses, see 5 & 6 Viet. c. 109, s. 22 ; 11 & 12 Viet. c. 101 ; 31 & 32 Viet. c. 22, s. 10), under which the plans of such buildings require the approval of the Secretary of State. Prisons, etc. By s. 2 of the Prison Act, 1884 (47 & 48 Viet. c. 51), the Secretary of State has power, with the approval of the Treasury, to build, enlarge or alter prisons, or to appropriate as a prison any suitable building vested in him, or under his control. The exemption in clause 2 (c), follows generally the definition of "prison" in s. 4 of the Prison Act, 1865 (28 & 29 Viet. c. 126). Canal and dock buildings. Subject to the provisions of s. 327 of the Public Health Act, 1875, the local authority may not interfere with any river, canal, dock, harbour or basin, so as to injuriously affect it use or navigation, in cases where any body of persons or person are or is, by virtue of any Act of Parliament, entitled to navigate on or use the same, or to receive tolls or dues in respect of the navigation or use thereof. But the exemption 94 SERIES IV. NEW STREETS AND BUILDINGS. prescribed by paragraph (d) of clause 2, is required, in order to avoid the difficulties which would probably arise if the buildings mentioned were subject to the provisions of the byelaws. It will be observed that dwelling-houses belonging to canal, dock, and other similar companies, are not included in the exemption, and the erection of such houses will, therefore, be subject to regulation by the local authority under the byelaws. Railway buildings. The model clause contains no exemption of railway buildings ; but this, as regards buildings other than dwelling-houses, is unnecessary, in view of the last paragraph of s. 157 of the Public Health Act, 1875. The exemption conferred by that enactment, has been held to be limited to buildings which are part of stations or warehouses adjoining stations, and so directly connected with the traffic of railways. Cottages built by a railway company for their workpeople on their own land, are not included in the exemption (Manchester, Sheffield, and Lincolnshire Railway v. Barnsley Union (1892), 56 J. P. 679), and the byelaws will apply to all such cottages, and to any other buildings belonging to a railway company which are occupied as dwelling-houses by employes of the company. Colliery, etc., buildings. There is no statutory exemption of buildings connected with mines. The provision in paragraph (e), seems, however, to be desirable. It will not exempt dwelling-houses. Buildings erected under control of Board of Agriculture. Plans and specifications of these buildings, are required to be submitted to, and approved by the Land Commissioners (now the Board of Agriculture), before the buildings are commenced (see the Improvement of Land Act, 1864 (27 & 28 Viet. c. 114), ss. 30, 31 ; 52 & 53 Viet. c. 30, s. 2). Buildings under control of Secretary of State. As to these buildings see, for example, s. 12 of the County Police Act, 1840 (3 & 4 Viet. c. 88), under which the plans for county police stations must be approved by the Secretary ot State. The observance of this requirement will, therefore, bring such buildings within paragraph ( 1-1 i it lii i- nf the under-mentioned provisoes is adopted, insert here " except as herein-after provided," 110 SERIES IV. NEW STREETS AND BUILDINGS. bricks, stone, or other hard and incombustible materials, properly bonded and solidly put together : (a.) With good mortar compounded of good lime and clean sharp sand, or other suitable material ; or (6.) With good cement ; or (c.) With good cement mixed with clean sharp sand. Structure of walls. Section 157 of the Public Health Act, 1875, authorises byelaws to be made with respect to the structure of walls, (a) for securing stability, (6) for the prevention of fires, and (c) for purposes of health. Clause 11, the first of the model clauses relating to walls, is a byelaw for securing the first two of these objects, so far as regards the enclosing (i.e., the external and party) walls of a building. Besides the use of proper materials, the clause aims at proper methods of " bonding." The structure of cross-walls is regulated by clause 12. Bonding of walls. The bonding of a wall consists in the interlacing of the bricks or other component portions of the mass, so as to secure that each brick or stone is supported by as many others as possible. It may be other- wise described as such a method of disposing the bricks or stones in the construction of the wall, that it shall be as strong as possible in the direction of its length, while incapable of separating in thicknesses. The two methods of bonding commonly used in this country, viz., " Flemish bond " and "English bond," are shown in the diagrams (Plate I. Figs. 2 and 3). Composition of mortar, etc. It is obviously necessary, as well in the interests of health as for securing stability, that the cementing material of a wall should be of good quality. "Want of proper attention to this matter, might, in some cases, result in the use in the composition of mortar, of sand impregnated with salt, causing the walls to be damp for an indefinite period. But still more objectionable substances than this may, in country districts, find their way into the composition, if the builder is not carefully supervised. The model byelaw does not specify the proportions in which the prescribed materials are to be combined : it merely requires that the materials shall in themselves be good and suitable, and the district council have a practically free hand as to other details. If, however, the council thought well to specify these proportions, the addition of the necessary words would probably be allowed by the Local Government Board. One part by measure of lime to three parts of sand, etc. may be suggested for paragraph (a), and one part by measure of cement to four parts of sand for paragraph (c). Grouting. An addition sometimes proposed to be made to this byelaw requires the wall to be "grouted " in every course. " Grout " is liquid mortar poured and spread over the work, so as to run in and fill up the interstices between the bricks. There are serious practical objections to this require- ment, which, moreover, would be very difficult to enforce. At the best the " grout " only effects what should be, and with very little additional trouble may be, done with " mortar." The alteration is therefore one which cannot be recommended. Application of the byelaw. See decisions on what is a " new building," ante, p. 82. In Badley v. Cuckfield Rural District Council (1895), 64 L. J. WITH EESPECT TO THE STBUCTUEE OF WALLS, ETC. Ill Q. B. 571 ; 72 L. T. 775 ; 43 W. R. 663 ; 59 J. P. 582, it was held that the bye- law applied to a building enclosed with walls constructed of materials other than bricks or stone ; and that a building intended for residential purposes, and consisting of a wooden framework to which was attached externally a layer of felt, and then corrugated sheets of galvanized iron, l-32nd part of an inch thick, and internally a lining of match boarding which directly enclosed the room, was not enclosed with walls constructed of hard and incombustible materials. Hollow walls. If the district council desire to permit the erection of buildings with hollow (external) walls, the following proviso should be added to clause 11 : Provided always that such person may construct any external Proviso for wall of such building as a hollow wall if such wall be con- structed in accordance with the following rules : (i.) The inner and outer parts of the wall shall be separated by a cavity which shall throughout be of a width not exceeding three inches. (ii.) The inner and outer parts of the wall shall be securely tied together with suitable bonding ties of adequate strength formed of galvanized iron, or 1 iron tarred and sanded, or of glazed stoneware. Such ties shall be placed at distances apart not exceeding three feet horizontally and eighteen inches vertically. (iii.) The thickness of each part of the wall shall throughout be not less than four and a half inches. (iv.) The aggregate thickness of the two parts, excluding the width of the cavity, shall throughout be not less than the minimum thickness prescribed by the byelaw in that behalf for an external wall of the same height and length, and belonging to the same class of building as that to which the hollow wall belongs. (v.) All woodwork which may be intended to form the head of a door-frame or window-frame, a lintel, or other similar structure, and may be inserted in the wall so as to project into or extend across the intervening cavity, shall be covered throughout on the upper side thereof with a layer of sheet lead or other suitable material impervious to moisture in such a manner as effectually to protect such woodwork from any moisture that may enter the cavity. This mode of construction is illustrated by the diagram (Plate II. Fig. 4). It is questionable whether, without some such provision as this, hollow walls 112 SERIES IV. NEW STREETS AND BUILDINGS. could be constructed under the model byelaws unless one of the two portions of the wall enclosing the cavity were built solid of the full thickness pre- scribed by clause 19 or 20, or 22. In any case, the width of the cavity is not to be reckoned as part of the thickness of the wall. Hollow walls, however, " if properly constructed, . . . greatly promote the comfort and dryness" of houses, especially in exposed situations. "Other means of securing the same condition of dryness have been contrived with more or less success, such as a vertical damp proof course of slates, or of asphalte or other bituminous substance. Compo, or tiles, or slates are sometimes used on the outer face of the wall for the same purpose."* The regulations in this byelaw as to width of cavity, and the strength, material, and distribution of bunding ties are of great importance as affecting the stability of these walls. The bonding ties should be so placed that the ties in alternate courses shall be in the same vertical line, thus, * * * Proviso for half-timber walls. The requirement as to protecting woodwork from damp also deserves mention ; but it may be pointed out that the proviso is silent as to any means of draining and ventilating the cavity in the wall. The district council may consider whether some provision for this could not with advantage be made, e.g., by adding at the end of paragraph (i.) the words " and shall be properly drained and ventilated." Copies of this proviso as above printed can be obtained on application to the Local Government Board. Half-timber walls. Not infrequently local authorities wish to allow the construction of "half-timber" or "timber-framed" external walls, and the following proviso, of which copies are supplied by the Local Government Board to local authorities on application, has been prepared to meet such case?. Provided that, (a) where a new building intended for use as a dwelling- house shall be distant not less than fifteen feet from any adjoining building not being in the same curtilage, the person erecting such new building may construct its external walls of timber-framing and in accordance with the following regulations, that is to say (i.) the timber-framing shall be properly put to- gether, and the spaces between the timbers shall be filled in completely with brickwork : (ii.) a thickness of at least four and a half inches of brickwork shall be placed at the back of every portion of timber, and shall be properly bonded to the brickwork filling the spaces between the timbers ; and * See "The Dwelling," by Mr. P. Gordon Smith, F.R.I.B.A., and Mr. Keith D. Young, F.R.I.B.A., in Drs. Stevenson and Murphy's "Treatise on Hygiene and Public Health." WITH BESPECT TO THE STRUCTURE OF WALLS, ETC. (b) where a new building forms or is intended to form part of a block of new buildings which shall be intended for use as dwelling-houses, and shall not exceed three in number, and each of which shall be distant not less than fifteen feet from any adjoining building not being in the same curtilage and not forming part of the same block, the person erecting such new building may construct its external walls of timber-framing, subject to compliance with the following conditions, that is to say (i.) the several buildings shall be separated by party walls, each of which shall be constructed in accordance with the requirements of the byelaws in that behalf, and shall project at least one inch in front of any timber-framing in any adjoining external wall : (ii.) the timber-framing shall be properly put to- gether, and the spaces between the timbers shall be filled in completely with brickwork : (iii.) a thickness of at least four and a half inches of brickwork shall be placed at the back of every portion of timber, and shall be properly bonded to the brickwork filling the spaces between the timbers. For illustration of the requirements of this clause, see diagram (Plate II., Fig. 5, Appendix). Obviously the objection to these walls is, on the score of stability, that the structure is a combination of materials of totally different capa- bilities as regards tension, compression, etc., and, with respect to the spread of tire, that the framing is of a highly combustible material. These objections are sought to be met by requiring that the timber-framing shall be "properly put together," a general phrase which has the advantage of leaving the local authority a practically free hand in the matter, and that not only shall the spaces between the timbers be completely filled in with brickwork, but that throughout there shall be not less than four and a half inches of brickwork behind the timber on the inner face of the wall, and an adequate " through bond" between this backing and the brickwork filling in the spaces between the timbers. The danger of the spread of fire from one house to another is further reduced by prohibiting the use of timber-framing for the walls of any house which comes within fifteen feet of any building not in the same curtilage or in the same block ; by not permitting the erection of more than three houses in one block where any of them is constructed in half-timber work, and if such blocks are built, by requiring the party walls to be brought out at least one inch in front of any timber-framing. The adoption of this proviso will render necessary some slight modifications in clauses 22 and 24 of the model series (see the notes on these two clauses). 1U Proviso for tile-hung walls. SERIES IV. NEW STREETS AND BUILDINGS. Tile-hung walls. Another special mode of construction for which, since 1877, the Local Government Board have framed a proviso, is that of " tile- hung " walls. The proviso is as follows : Provided that where a new building which comprises two or more storeys forms, or is intended to form, part of a block of new buildings which shall be intended for use as dwelling- houses, and shall not exceed two in number, and each of which shall be distant not less than fifteen feet from any other building, not being in the same curtilage and not forming part of the same block, the person erecting such new building may construct the external walls of the topmost two storeys, whether wholly or partly in the roof or not, of timber-framing covered with tiles, subject to compliance with the following conditions, that is to say : (i.) The timber-framing shall be properly put together with sufficient braces, ties, plates, and sills, and the spaces between the timbers shall be filled in completely with a thickness of at least four and a half inches of brickwork. (ii.) So much of any external wall as is below that portion which may be of timber-framing covered with tiles shall be constructed of the same thickness, and in other respects subject to the same conditions as would be applicable if the wall had been constructed through- out its whole height of good bricks, stone, or other hard and incombustible materials. (iii.) The party wall separating the two buildings shall be carried out at least to the external face of any timber- framing in any adjoining external return wall. The effect is that in the case of detached or semi-detached dwelling-houses of two or more storeys, which are situated with regard to fires at a safe distance from other buildings, the external walls of the topmost storey,* or two topmost storeys, may be constructed of timber-framing filled in with brickwork and covered with " weather-tiling," if the part of each wall below this tiling is constructed of brickwork or stonework, and is of the same thickness, etc., as though the wall were throughout of brickwork or stonework only. Structure of cross walls. 12. Every person who shall erect a new building shall construct every cross wall, which, in pursuance of the byelaw in that behalf, may, as a return wall, be deemed a means of See definition in clause 1. WITH KESPECT TO THE STRUCTURE OF WALLS, ETC. 115 determining the length of any external wall or party wall of such building, of good bricks, stone, or other hard and incombustible materials properly bonded and solidly put together : (a.) With good mortar compounded of good lime and clean sharp sand, or other suitable material ; or (6.) With good cement ; or (c.) With good cement mixed with clean sharp sand. Structure of cross walls. The requirements of this clause are identical, as regards the cross walls to which it refers, with the requirements as to external and party walls prescribed by clause 11. It does not apply to all cross walls, but only to such as, under clause 18, are to be considered as deter- mining the length of external and party walls (see notes on clauses 18 and 21). Hence it does not prevent the construction of "partitions" of timber- framing, etc., in the interior of the building, and it does not affect brick cross or division walls not carried up to the top of the " topmost storey." t As to the composition of mortar, see separate note on p. 110. Plastering of walls. There would seem to be no authority in s. 157 of the Public Health Act, 1875, for a byelaw regulating the plastering of walls. Such a byelaw would seem not to be a byelaw " with respect to the structure of walls," within the meaning of s. 157 (2) of the Public Health Act, 1875. The plastering of a wall forms no part of its " structure." 13. A person who shall erect a new building shall not Overhanging construct any wall of such building so that any part of such projections, wall, not being a projection intended solely for the purposes of architectural ornament, or a properly constructed corbel, shall overhang any part beneath it. Wall not to overhang. This clause has been allowed in a slightly modified form, which substitutes for the part here printed in brackets the words " not being a part properly corbelled out, or a projection intended solely for the purposes of architectural ornament." Byelaws as to cornices, etc. It would seem that there is nothing in the Public Health Acts to authorise the making of a byelaw regulating the con- struction of cornices, etc., with a view to securing stability. 14. Every person who shall erect a new building shall cause Bonding of every wall of such building which may be built at an angle with another wall to be properly bonded therewith. walls. Bonding of return walls with other walls. The object of this provision is to secure for any wall with which a return wall may be connected, the f See definition in clause 1. i 2 lit) SERIES IV. NEW STREETS AND BUILDINGS. utmost possible support from the return wall. This is especially important in connection with the provision in clause 18 to the effect that walls are to be deemed to be divided into distinct lengths by return walls, and the consequent reduction of thickness allowed by the model series where a wall is so deemed to be divided. Footings of 15. Every person who shall erect a new building shall construct every wall of such building so as to rest upon proper footings. He shall cause the projection at the widest part of the footings of every wall, on each side of such wall, to be at least equal to one half of the thickness of such wall at its base, unless an adjoining wall interferes, in which case the projection may be omitted where that wall adjoins. He shall also cause the diminution of the footings to be in regular offsets, or in one offset at the top of the footings, and he shall cause the height from the bottom of the footings to the base of the wall to be at least equal to two thirds of the thickness of the wall at its base. Footings. Stability, even more than strength, is a matter requiring con- sideration in connection with the walls of new buildings. A wall of less thickness than that prescribed by the model clauses might be sufficient to bear a load greater than the thicker wall is likely to be called upon to bear ; but if the thickness were reduced, the stability of the wall would be affected by the narrowness of its base. The provision of proper footings increases the stability of the wall by increasing the width of its bearing within or upon the ground or other foundation. The projection of the footings should, as in the model clause, be regulated directly or indirectly by the thickness of the wall at its base (see Plate III., Fig. 6, Appendix). In brick walls the projection of . each course of footings should, as a rule, be equal to not more than a quarter of a brick. To do this would in some cases give a rather greater depth or height of footings than is required by the model clause. It will be seen, however, that the byelaw fixes a height equal to two-thirds of the thickness of the wall at its base as a minimum. Where the wall is built of brick or stone the joints in the footings should be thrown as far back within the work as possible, and additional strength may be gained by a double course at the lowest part of the footings. It may be questioned whether the sense of the clause might not be more fully expressed by exempting from the requirements as to footings walls which are to be borne upon bressummers, girders, and the like. Buildings erected close up to boundary line of site. It has been pointed out that in order to comply with this byelaw, in the case of a building one wall of which is built close up to, or upon the boundary line of the site, the footings on the outer side of the wall must be constructed within the lands of the adjoining owner ; and that if, in order to avoid this, the builder sets back the wall within his boundary, to the extent of the projection of the footings, the effect, when the next house is built, will be to form a cavity between the houses in which damp will collect, besides requiring two walls WITH EESPECT TO THE STRUCTURE OF WALLS, ETC. 117 where a single (party) wall would suffice. Cases in which any difficulty would be experienced in connection with the construction of proper footings on the outer side of a wall constructed close up to the boundary must be verv rare. But the byelaw cannot be altered so as to provide for the matter. It should be met by arrangement between the adjoining owners. 16. Every person who shall erect a new building shall cause Foundations the footings of every wall of such building to rest on the solid of walls< ground, or upon a sufficient thickness of good concrete, or upon some solid and sufficient sub-structure, as a foundation. Foundations of walls. As to the meaning of the term " foundation," see note on p. 107. Where the soil is not of a suitable character for foundations the words " on the solid ground, or " should be omitted. Natural foundations should only be used where the soil is both compact and of uniform consistence ; otherwise unequal settlement must take place, with all that this implies. In unreliable soils, therefore, the use of concrete should be insisted iipon. Artificial support for the walls may, in some cases, be available in the form of some such " solid and sufficient sub-structure " as the bases of former walls, or the walls maybe borne by arches, girders, timber piles, or other similar means of support. 17. Every person who shall erect a new building shall cause Damp every wall of such building to have a proper damp course of C( sheet lead, asphalte, or slates laid in cement, or of other durable material impervious to moisture, beneath the level of the lowest timbers, and at a height of not less than six inches above the surface of the ground adjoining such wall. Prevention of damp in walls. A proper damp course is a necessary feature in the construction of a wall " for purposes of health " (see Plate III., Figs. 7 and 8, Appendix). In the case, however, of houses with basement storeys where the walls will be in contact with the earth outside, it would not be sufficient to require the provision of a damp course below the level of the lowest timbers, as damp might be admitted through the wall above that level. Hence, it is suggested that in such cases the walls of the basement storey should, from the base upwards to a height of six inches above the surface of the ground immediately adjoining the exterior of the walls, be double, with an intervening cavity, say, two and a half inches in width. If such an arrange- ment be adopted, there should be two damp courses, one at the base of the wall, and one at the level of the top of the cavity (see Plate III., Fig. 9, Appendix). The following proviso gives effect to the suggestion. Copies of this proviso can be obtained from the Local Government Board on application. Provided always that where any part of a floor of the lowest J ro {o f * n i walls, how by the following rules : measured. (i.) The heights of storeys shall be measured as follows : (a.) The height of a topmost storey shall be measured from the level of the upper surface of the floor up to the level of the under side of the tie of the roof or other covering, or if there is no tie then up to the level of half the vertical height of the rafters or other support of the roof : (b.) The height of every storey, other than a topmost storey, shall be measured from the level of the upper surface of the floor of the storey up to the level of the upper surface of the floor of the storey next above it. (ii.) The height of a wall shall be measured from the top of the footings to the highest part of the wall, or in the case of a gable, to half the height of the gable. (iii.) Walls shall be deemed to be divided into distinct lengths by return walls. The length of a wall shall be measured from the centre of one return wall to the centre of another, provided that the return walls are external walls, party walls, or cross walls, of the thickness prescribed by the byelaws, and are bonded into the walls so deemed to be divided. A wall shall not, for the purpose of this rule, be deemed a cross wall unless it is carried up to the top of the topmost storey, and unless in each storey the aggregate extent of the vertical faces or elevations of all the recesses and that of all the openings therein, taken together, shall not exceed one half of the whole extent of the vertical face or elevation of the wall in such storey. Stability of walls. The stability of walls, otherwise properly constructed on good foundations, and the materials and method of construction being similar, varies inversely in proportion to the height and length of the walls, and directly in proportion to their thickness. The byelaws take account of all three dimensions ; but it is the thickness only which they can actually regulate. Two separate sets of rules aie prescribed one for "domestic buildings"* (clauses 19 and 21), and another for "public buildings "* and * See the definition in clause 1. SERIES IV.- NEW STREETS AND BUILDINGS. Domestic buildings. Thickness of external and party walls. Height up to 25 feet. " buildings of the warehouse class"* (clauses 20 and 21), and the thickness of walls of other than ordinary construction, is regulated by the special clause, No. 22. The clause now under consideration merely prescribes the criteria for ascertaining the height and length of any wall, so as to determine the application of the rules laid down in clauses 19 to 22. Height of a storey. The rules in the succeeding clauses are so framed as to make it necessary that the point at which one storey is to be deemed to end, and the next above it to commence in the vertical plane, should be precisely determined. The effect of clause 18 (i) is to include in each storey except the " topmost storey," * all the space between the upper surface of the floor of the storey and the upper surface of the floor above. Paragraph (a) makes special provision as to the measurement of the height of the topmost storey. Length of a wall. In a building, where one wall is connected with another, the walls may be considered in reference to their stability, otherwise than as independent walls. The byelaw recognises this by providing that walls shall be deemed to be divided into distinct lengths by " return walls." A return wall is a wall which is connected with another wall at an angle. Walls so connected afford each other lateral support, the support being greatest where the connection is at right angles, and diminishing as the angle becomes less than a right angle. For the purposes of the byelaws, no " cross wall " can be treated as a return wall, unless carried up to the top of the topmost storeyf, and then only if the conditions as to the extent of any recesses or openings in the wall are complied with. The construction of external and party return walls will be regulated, where the model byelaws are in force, by clauses 11, 19, 20 and 22, and that of such cross walls as may be taken into account as return walls by clauses 12, 21 and 22. Cross walls not complying with the requirements of the byelaws may be erected ; but they cannot be regarded as affording such support to party or external walls, as to be taken into account in connection with clause 18 (iii). 19. Every person who shall erect a new domestic building shall construct every external wall and every party wall of such building in accordance with the following rules, and in every case the thickness prescribed shall be the minimum thickness of which any such wall may be constructed, and the several rules shall apply only to walls built of good bricks, not less than nine inches long, or of suitable stone, or other blocks of hard and incombustible substance, the beds or courses being horizontal. (a.) Where the wall does not exceed twenty-five feet in height its thickness shall be as follows : If the wall does not exceed thirty feet in length, and does not comprise more than two storeys, it shall be nine inches thick for its whole height : * See the definition in clause 1. t See definition in clause 1. The height of the topmost storey is determined by sub- clause (i) (a) of the present clause. WITH RESPECT TO THE STRUCTURE OF WALLS, ETC. 121 If the wall exceeds thirty feet in length, or comprises more than two storeys, it shall be thirteen and a half inches thick below the topmost storey, and nine inches thick for the rest of its height. (6.) Where the wall exceeds twenty-five feet but does not Height up to exceed thirty feet in height, it shall be thirteen and a 30 half inches thick below the topmost storey, and nine inches thick for the rest of its height. (c.) Where the wall exceeds thirty feet but does not exceed Height up to forty feet in height its thickness shall be as follows: If the wall does not exceed thirty-five feet in length it shall be thirteen and a half inches thick below the topmost storey, and nine inches thick for the rest of its height : If the wall exceeds thirty-five feet in length it shall be eighteen inches thick for the height of one storey, then thirteen and a half inches thick for the rest of its height below the topmost storey, and nine inches thick for the rest of its height. (d.) Where the wall exceeds forty feet but does not exceed Height up to fifty f e& t in height its thickness shall be as follows : If the wall does not exceed thirty feet in length it shall be eighteen inches thick for the height of one storey, then thirteen and a half inches thick for the rest of its height below the topmost storey, and nine inches thick for the rest of its height : If the wall exceeds thirty feet but does not exceed forty-five feet in length it shall be eighteen inches thick for the height of two storeys, then thirteen and a half inches thick for the rest of its height : If the wall exceeds forty-five feet in length it shall be twenty -two inches thick for the height of one storey, then eighteen inches thick for the height of the next storey, and then thirteen and a half inches thick for the rest of its height. (.) Where the wall exceeds twenty-five feet but does not Height up to exceed thirty feet in height it shall be at its base of the 3( thickness following : If the wall does not exceed forty-five feet in length it shall be thirteen and a half inches thick at its base : If the wall exceeds forty-five feet in length it shall be eighteen inches thick at its base. (c.) Where the wall exceeds thirty feet but does not exceed Height up to forty feet in height it shall be at its base of the thick- 4( ness following : If the wall does not exceed thirty-five feet in length it shall be thirteen and a half inches thick at its base: 126 SEKIES IV. NEW STREETS AND BUILDINGS. If the wall exceeds thirty-five feet but does not exceed forty-five feet in length it shall be eighteen inches thick at its base : If the wall exceeds forty-five feet in length it shall be twenty-two inches thick at its base. Height up to (d.) Where the wall exceeds forty feet but does not exceed fifty feet in height it shall be at its base of the thick- ness following : If the wall does not exceed thirty feet in length it shall be eighteen inches thick at its base : If the wall exceeds thirty feet but does not exceed forty-five feet in length it shall be twenty-two inches thick at its base : If the wall exceeds forty-five feet in length it shall be twenty-six inches thick at its base. Height up to (e.) Where the wall exceeds fifty feet but does not exceed 5et ' sixty feet in height it shall be at its base of the thickness following : If the wall does not exceed, forty-five feet in length it shall be twenty-two inches thick at its base : If the wall exceeds forty-five feet in length it shall be twenty -six inches thick at its base. Height up to (/.) Where the wall exceeds sixty feet but does not exceed seventy feet in height it shall be at its base of the thickness following : If the wall does not exceed forty -five feet in length it shall be twenty-two inches thick at its base : If the wall exceeds forty-five feet in length it shall be increased in thickness from the base up to within sixteen feet from the top of the wall by four and a half inches (subject to the provision herein-after contained respecting distribution in piers). Height up to (g.) Where the wall exceeds seventy feet but does not exceed eighty feet in height it shall be at its base of the thickness following : If the wall does not exceed forty-five feet in length it shall be twenty-two inches thick at its base : If the wall exceeds forty five feet in length it shall be increased in thickness from the base up to within sixteen feet from the top of the wall by four and a half inches (subject to the provision herein-after contained respecting distribution in piers). WITH RESPECT TO THE STRUCTURE OF WALLS, ETC. 127 (h.) Where the wall exceeds eighty feet but does not exceed Height up to ninety feet in height it shall be at its base of the 9t thickness following : If the wall does not exceed forty-five feet in length it shall be twenty-six inches thick at its base : If the wall exceeds forty -five feet in length it shall be increased in thickness from the base up to within sixteen feet from the top of the wall by four and a half inches (subject to the provision herein-after contained respecting distribution in piers). (i.) Where the wall exceeds ninety feet but does not exceed Height up to one hundred feet in height it shall be at its base of the thickness following : If the wall does not exceed forty-five feet in length it shall be twenty-six inches thick at its base : If the wall exceeds forty-five feet in length it shall be increased in thickness from the base up to within sixteen feet from the top of the wall by four and a half inches (subject to the provision herein-after contained respecting distribution in piers). (j.) The thickness of the wall at the top, and for sixteen feet below the top, shall be thirteen and a half inches, and the intermediate parts of the wall between the base and sixteen feet below the top shall be built solid throughout the space between straight lines drawn on each side of the wall and joining the thickness at the base to the thickness at sixteen feet below the top. Nevertheless, in walls not exceeding thirty feet in height the walls of the topmost storey may be nine inches thick, provided the height of that storey does not exceed ten feet, (k.) If any storey exceeds in height fourteen times the thickness prescribed for its walls the thickness of each external wall and of each party wall throughout that storey shall be increased to one-fourteenth part of the height of the storey, and the thickness of each external wall and of each party wall below that storey shall be proportionately increased (subject to the pro- vision herein-after contained respecting distribution in piers). (I.) Every external wall and every party wall of any storey which exceeds ten feet in height shall be not less than thirteen and a half inches in thickness. 128 SERIES IV. NEW STREETS AND BUILDINGS. (m.) Where by any of the foregoing rules relating to the thickness of external walls and party walls of public buildings or buildings of the warehouse class an increase of thickness is required in the case of a wall exceeding sixty feet in height and forty-five feet in length, or in the case of a storey exceeding in height fourteen times the thickness prescribed for its walls, or in the case of a wall below that storey, the increased thickness , may be confined to piers properly distri- buted, of which the collective widths amount to one fourth part of the length of the wall. The width of the piers may nevertheless be reduced if the projection is proportionately increased, the horizontal sectional area not being diminished ; but the projection of any such pier shall in no case exceed one third of its width. "Public buildings" and "Buildings of the warehouse class" are defined in Byelaw 1, ante, p. 87. As to new buildings, see ante, p. 82. Thickness of walls of "warehouse " and " public " buildings. The walls of buildings such as are termed in the model byelaws " public buildings " and " buildings of the warehouse class," must obviously be of greater strength than those of " domestic buildings " as denned by Byelaw 1, ante, p. 87. The thicknesses prescribed by clause 20 should not be reduced, but it' the district council thought well to substitute "eleven feet" for "ten feet "as the height of a storey for the purposes of paragraphs (j) and (I), the Local Government Board would probably allow this alteration. It should be borne in mind that the thicknesses prescribed in this byelaw are minimum thicknesses adapted for buildings constructed for ordinary purposes, not for buildings for the storage of machinery, or of movable loads of exceptional weight. It will be noticed that the form of the clause is different to that of No, 19, inasmuch as it prescribes the thickness of walls at their " base " and for a certain distance downwards from the top, and regulates the diminution in thickness in the intermediate parts of the wall by means of the provision in (j). (See Plates VI. and VII., Figs. 12 and 13, Appendix). The sets-off may be on one or on both sides of the wall, but theoretically a better balance is obtained by setting-off on both sides. Similar thicknesses to those prescribed by the model clause have been adopted for buildings in the metropolis, in the London Building Act, 1894. Thickness of party walls. See note on clause 19. Provision respecting distribution in piers. The provision referred to in paragraphs (/), (g), (h), (i), and (k), is that contained in paragraph (m). Thickness of cross walls. 21. Every person who shall erect a new building shall construct, in accordance with the following rules, every cross wall which, in pursuance of the byelaw in that behalf, may, as a return wall, be deemed a means of determining the length WITH EESPECT TO THE STRUCTURE OF WALLS, ETC. 12 of any external wall or party wall of such building ; and in every case the thickness prescribed shall be the minimum thickness of which any such wall may be constructed ; and the several rules shall apply only to walls built of good bricks, not less than nine inches long, or of suitable stone or other blocks of hard and incombustible substance, the beds or courses being horizontal : The thickness of every such cross wall shall be at least two thirds of the thickness prescribed by the byelaw in that behalf for an external wall or party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs, but shall in no case be less than nine inches : But if such cross wall supports a superincumbent external wall the whole of such cross wall shall be of the thickness prescribed by the byelaw in that behalf for an external wall or a party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs. Cross walls. As elsewhere already indicated (p. 120), the model byelaws affecting the structure of cross walls are limited to such walls as, under clause 18 (6) (iii.), may be deemed to divide other walls into distinct lengths because of the lateral support afforded by them to such other walls. There is nothing in the clause to prevent the construction of lath and plaster or boarded partitions, or other like divisions within a building. 22. Every person who shall erect a new building and shall Thickness of construct any external wall, party wall, or cross wall of such t, ui i t of building of any material other than good bricks, not less than bricks, etc. nine inches long, or suitable stone or other blocks of hard and incombustible substance, the beds or courses being horizontal, shall comply with the following rules with respect to the thickness of such wall : (a.) Where a wall is built of stone or of clunches of bricks, or other burnt or vitrified material, the beds or courses not being horizontal, its thickness shall be one third greater than that prescribed by the byelaw in that behalf for a wall built of bricks, but in other respects of the same description, height, and length, and belonging to the same class of building : (6.) A wall built of other suitable material shall be deemed to be of sufficient thickness if constructed of the SERIES IV. NEW STREETS AND BUILDINGS. Half-timber work. thickness prescribed by the byelaw in that behalf for a wall built of bricks, but in other respects of the same description, height, and length, and belonging to the same class of building. Walls not of ordinary construction. This clause regulates the thickness of walls built otherwise than of brick or stone, or other blocks of hard and incombustible substance in horizontal courses. Where half -timber walls, or walls constructed of timber-framing covered with tiles are allowed, and provisoes such as those suggested on pp. 112 to 114 are added to clause 11 of the model series, this clause requires some modification, so as to regulate the thickness of such walls. In the first case, the words " other suitable material " should be omitted from paragraph (6), and the words " half-timber work, or of other suitable material not specifically mentioned in this byelaw," should be inserted in their place. Where tile-hung walls are to be allowed, the following proviso should be added at the end of the clause : Proviso for Provided always that this byelaw shall not be deemed to framing apply to any part of an external wall of a new building which Wlth may, in accordance with the provisions of the byelaw in that behalf, be constructed of timber framing covered with tiles. tiles. one half the vertical face of storeys. Precautions 23, Every person who shall erect a new building and shall leave in any storey or storeys of such building an extent of opening in any external wall which shall be greater than one half of the whole extent of the vertical face or elevation of the wall or walls of the storey or storeys in which the opening is left, shall construct (a.) Sufficient piers of brickwork or other sufficient supports of incombustible material so disposed as to carry the superstructure ; and (6.) A sufficient pier or piers or other sufficient supports of that description at the corner or angle of any street on which the building abuts ; or (c.) Such a pier or other support in each wall within three feet of the corner or angle of the street. Openings in external walls. Where, in any storey, the openings in an external wall of a building are of more than ordinary size, special provision must be made for the support of the superincumbent wall. Such a provision is contained in clause 23 of this series. The clause is more particularly applicable to buildings constructed with bay windows, and shop fronts. Corner buildings must be constructed in accordance with paragraph (6) or (c). (See Diagram, Plate VIII., Fig. 14, Appendix.) WITH RESPECT TO THE STRUCTURE OF WALLS, ETC. 131 24. Every person who shall erect a new building of the Woodwork warehouse class shall cause every loophole frame of wood, that m ^ xternal is to say, every framework of wood surrounding any door or window opening in any storey of such building for the reception or delivery of goods, to be fixed at a distance of not less than one inch and a half 'from the face of any external wall. Subject to the foregoing provision, every person who shall erect a new building shall cause all woodwork in any external wall of such building (except any bressummer, or any storey post under a bressummer, and any frame of a door or window of a shop) to be set back in reveals four inches at least from the outer face of such wall. Woodwork in external walls. This byelaw requires that, as a rule, all woodwork in the external walls of new buildings "of the warehouse class," as denned in clause 1, shall be set back from their outer face to the extent of four inches at least. Exceptions are made as regards the fronts of shops and the framework of openings, such as are frequently met with in warehouse buildings in connection with cranes or pulleys for hoisting and lowering goods to and from the upper storeys. These exceptions may be regarded as con- cessions to the requirements of business. The general object of the clause is to so place the inflammable framework of windows and other openings as not to afford unnecessary facilities for the spread of fire from the outside. (See Diagram, Plate VIII., Fig. 15, Appendix.) The windows, etc., if thus con- structed, are also less likely in case of fire to fall outwards, than if placed flush with the outer face of the wall. Where the proviso as to walls constructed of timber- framing (see p. 112) is adopted, the clause requires slight modification as regards the second paragraph, which should read as follows : Subject to the foregoing provision, every person who shall Alternative erect a new building shall cause all woodwork in any external timber- wall of such building (except any bressummer, or any storey- framing is post under a bressummer, and any frame of a door or window of a shop, and any timber-framing which in pursuance of the provisions of the byelaw in that behalf may form part of an external wall of such building) to be set back in reveals four inches at least from the outer face of such wall. Copies of the clause as thus altered can be obtained on application to the Local Government Board. It is known as clause 24*. In the case of a district of a purely rural character, it might not be necessary to retain any part of this clause. 25. Every person who shall erect a new building shall cause Parapets to .. _. . .,, be formed in such part of any external wall of such building as is within a exte rnal distance of fifteen feet from any other building to be carried up walls, so as to form a parapet one foot at least above the highest part K '2 132 SERIES IV. NEW STREETS AND BUILDINGS. of any roof or gutter which adjoins such part of such external wall, and he shall cause the thickness of the parapet so carried up to be at least nine inches throughout. Parapets to external walls. This clause is intended to minimise the danger of the spread of fire from roof to roof, where the intervening space between buildings not actually adjoining is less than fifteen feet in width. In such a case, the flames from the roof of a burning building may be carried by the wind across the intervening space, cracking the slates or other covering of the roof of the adjacent building, and exposing the roof timbers, when these readily become ignited. (See Diagram, Plate VIII., Fig. 16, Appendix.) It must be admitted that the carrying up of these parapets would often detract from the appearance of buildings, besides somewhat increasing the cost of brickwork, in cases where the comparatively small size of the buildings renders the precaution practically unnecessary. An alternative form of the clause is therefore supplied by the Local Government Board on application, in which the carrying up of the parapet is only required in the case of public buildings, warehouse buildings, shops and workshops, and dwelling-houses over thirty feet in height. The following is a copy of the clause in this form : Parapets to be formed in external walls of certain buildings only. Party walls to be carried above roof, etc. 25*. Every person who shall erect a new public building, a new building of the warehouse class, or a new domestic building which may be intended to be used wholly or partly as a shop or as a place of habitual employment for any person in any manufacture, trade, or business, or which may be intended to be used exclusively as a dwelling-house and may exceed thirty feet in height, shall cause such part of any external wall of such building as is within a distance of fifteen feet from any other building to be carried up so as to form a parapet one foot at least above the highest part of any roof or gutter which adjoins such part of such external wall, and he shall cause the thickness of the parapet so carried up to be at least nine inches throughout. Damp-course in parapets. See note, p. 118. 26. Every person who shall erect a new building shall cause every party wall of such building to be carried up nine inches, at the least, in thickness : (i.) Above the roof, flat, or gutter of the highest building adjoining thereto to such height as will give, in the case of a building of the warehouse class or of a public building, a distance of at least three feet, and in the case of any other building a distance of at least fifteen inches, measured at right angles to the slope of the roof, or above the highest part of any flat or gutter, as the case may be : WITH EESPECT TO THE STKUCTUKE OF WALLS, ETC. 133 (ii.) Above any turret, dormer, lantern-light, or other erection of combustible materials fixed on the roof or flat of any building within four feet from the party wall, and so as to extend at least twelve inches higher and wider on each side than such erection : (iii.) To a height of twelve inches at the least above such part of any roof as is opposite to and -within four feet from the party wall. In every case where the eaves of the roof project beyond the face of the building, he shall cause every party wall of such building to be properly corbelled out, in brickwork or stone- work, to the full extent of such projection, and to be carried up above the projecting eaves, nine inches at the least in thick- ness to such height as will give, in the case of a building of the warehouse class or of a public building, a distance of at least three feet, and in the case of any other building a distance of at least fifteen inches measured at right angles to the slope of the roof. Definitions. A "dormer" is an excrescence on the sloping roof of a building tor the purpose of admitting light through a vertical window frame. It is otherwise described as a window placed on the inclined plane of the roof of a house, the frame being vertical upon the rafters. A "lantern-light" is denned as a drum-shaped erection, square, circular, elliptical, or polygonal in plan, upon the top of a dome, or of an apartment, to give light. (See Gwilt's Encyclopaedia of Architecture.) Party walls to be carried up above roof, etc. The object of clause 26 of the model series is similar to that of the previous clause, viz., the prevention of the spread of fire from roof to roof of buildings. The adoption of the clause must be strongly urged upon all local authorities making byelaws as to new buildings, whose powers are sufficient for the purpose. (See note, p. 77, and subsequent note on this page.) Any addition to the cost of each buildiiig which the enforcement of its provisions may entail will be very small in proportion to the extra security obtained. At the same time, some local authorities have hesitated to adopt the byelaw without modification, and certain alternative clauses have therefore been framed by the Local Govern- ment Board, who will supply copies on application. The clauses referred to will be dealt with below. In connection with this clause, see Diagram, Plate VIII., Fig. 17, Appendix. Places where s. 109 of the 10 & 11 Viet. c. 34 is in force. In cases where the provisions of s. 109 of the Towns Improvement Clauses Act, 1847, are in force by reason of the incorporation of the section with any local Act, or where otherwise the height to which party walls are to be carried up is the subject of statutory regulations, clause 26 of the model series must be omitted, and it will not be competent to the local authority to adopt either of the alternative clauses above referred to. 134 SERIES IV. NEW STREETS AND BUILDINGS. Party walls of certain buildings to be carried above roofs, etc. Party walls of other buildings to be carried up to the slates, etc. 26a. Every person who shall erect a new public building, a new building of the warehouse class, or a new domestic building which may be intended to be used wholly or partly as a shop or as a place of habitual employment for any person in any manufacture, trade, or business, or which may be intended to be used exclusively as a dwelling-house and may exceed thirty feet in height, shall cause every party wall of such building to be carried up nine inches at the least in thickness : (i.) Above the roof, flat, or gutter of the highest building adjoining thereto to such height as will give, in the case of a public building, or of a building of the warehouse class, a distance of at least three feet, and, in the case of any such domestic building as is herein-before described, a distance of at least fifteen inches measured at right angles to the slope of the roof, or above the highest part of any flat or gutter, as the case may be : (ii.) Above any turret, dormer, lantern-light, or other erec- tion of combustible materials fixed on the roof or flat of any building within four feet from the party wall, and so as to extend at least twelve inches higher and wider on each side than such erection : (iii.) To a height of twelve inches at the least above such part of any roof as is opposite to and within four feet from the party wall. In every case where the eaves of the roof project beyond the face of the building, he shall cause every party wall of such building to be properly corbelled out, in brick- work, or stone- work, to the full extent of such projection, and to be carried up above the projecting eaves, nine inches at the least in thick- ness, to such height as will give, in the case of a public building or of a building of the warehouse class, a distance of at least three feet, and, in the case of any such domestic build- ing as is herein-before described, a distance of at least fifteen inches measured at right angles to the slope of the roof. Every person who shall erect a new domestic building which may be intended to be used exclusively as a dwelling-house and may not exceed thirty feet in height, or which may be intended to be used as an office building or other outbuilding appurtenant to a dwelling-house whether attached thereto or not, shall cause every party wall of such building to be carried up at least as high as the under side of the slates or other covering of the roof of such building. WITH RESPECT TO THE STRUCTURE OF WALLS, ETC. 135 He shall also cause the slates or other covering of the roof Slates, etc., .to to be properly and solidly bedded in mortar or cement on the O n wall, top of the wall, and shall cause the roof to be so constructed that no lath, timber, or woodwork of any description shall extend upon or across any part of such wall. For the purposes of this byelaw, the height of a building Height of shall be measured upwards from the top of the footings of buildm g. how measured. the walls thereof to the level of half the vertical height of the roof, or to the top of the parapet, whichever may be the higher. 26b, Every person who shall erect a new building shall Party walls cause every party wall of such building to be carried up at* least as high as the under side of the slates or other covering etc. of the roof of such building. He shall also cause the slates or other covering of the roof Slates, etc., to be properly and solidly bedded in mortar or cement on the ^ all e c top of the wall, and shall cause the roof to be so constructed that no lath, timber, or woodwork of any description shall extend upon or across any part of such wall. Relaxation of requirements as to carrying party walls through roofs. Clause 26A is so drawn as, in effect, to limit the requirements embodied in clause 26 to (a) Public buildings ;* (b) Buildings of the warehouse class;* and (c) Domestic buildings,* (i.) Intended to be used wholly or partly as shops, or as places of habitual employment for any person in any manufacture, trade, or business ; or (ii.) Intended to be used exclusively as dwelling-houses,* and exceeding thirty feet in height. It is recognised that in the case of the smaller class of buildings intended for use exclusively as dwelling-houses, the danger sought to be guarded against in clause 26 is less than in the case of larger houses, or of public buildings, shops and warehouses ; and accordingly, where clause 26A is adopted, small dwelling-houses without shops are exempted from the require- ment that the party walls shall be carried up above the roofs. For the same reason all "office" and other outbuildings appurtenant to dwelling-houses are likewise exempted. But in all these cases the clause requires, as a minimum of precaution, that the party walls shall be carried up to the under side of the slates or other roof covering, the latter being properly and solidly bedded in mortar or cement on the top of the wall, and no woodwork being allowed to extend upon or across any part of the wall. Clause 26n leaves all * See the definitions of these terms in clause 1, atUe, p. 87. 136 SERIES IV. NEW STEEETS AND BUILDINGS. buildings unregulated in the matter of carrying party walls above roofs, and merely secures the carrying up of such walls to the underside of the slates or other covering of the roof. As already remarked, neither clause 26, nor either of the alternative clauses above referred to, can be adopted where statutory provisions dealing with the same matter are in force ; but in all other instances the Local Government Board would probably take exception to any series of byelaws as to new buildings which did not contain one of these or some equivalent clause, except in the case of a rural district council, whose power to make byelaws was derived merely from the adoption of Part III. of the Public Health Acts Amendment Act, 1890 (see note p. 77). Walls to be coped. 27, Every person who shall erect a new building shall cause every wall of such building, when carried up above any roof, flat, or gutter, so as to form a parapet, to be properly coped or otherwise protected, in order to prevent water from running down the sides of such parapet, or soaking into any wall. Coping of walls. This provision is necessary in order to prevent rain- water from trickling down the sides of and soaking into a wall carried up above the roof, etc., so as to form a parapet. It does not itself require any wall to be so carried up. (See clauses 25 and 26, and, as to damp courses in parapets, the note on p. 118.) Openings in 28. A person who shall erect a new building shall not prohibited 1 . 8 const ruct any party wall of such building so that any opening shall be made or left in such wall. Openings in party walls. The object of this clause is, of course, the prevention of the spread of fire. Obviously the protection which a properly constructed party wall affords in this respect would be greatly reduced, if not altogether neutralised, it openings in the wall were permitted. The clause is not limited to the prohibition, in the case of new buildings, of means of access from one building to another through the party wall. The expression " party wall," as denned by clause 1, would include a wall which is used for separation of adjoining buildings in part only of its length or height. A window opening in the exposed portion of such a wall might be a source of great danger to the building were a fire to break out in the building adjoining. The byelaw does not prevent openings being made in party walls after the buildings are completed. Under s. 23 (4) of the Public Health Acts Amendment Act, 1890 (53 & 54 Viet. c. 59), however, a byelaw may be made by any local authority in whose district that enactment is in force* " to prevent buildings which have been erected in accordance with byelaws made under the Public Health Acts from being altered in such a way that if at first so constructed they would have contravened the byelaws." There is no authority under the Public Health Acts for a byelaw purporting to regulate the process of uniting buildings by making openings in party walls. In the metropolis the matter is regulated by specific enactment in the London Building Act, 1894 (57 & 58 Viet. c. ccxiii.). * See ss. 3 and 5 of the Act. WITH EESPECT TO THE STRUCTURE OF WALLS, ETC. 137 29. A person who shall erect a new building shall not make Recesses in any recess in any external wall or party wall of such building : walls< (a.) Unless the back of such recess be at the least nine inches thick ; (b.) Unless a sufficient arch be turned in every storey over every such recess ; (c.) Unless in each storey the aggregate extent of recesses having backs of less thickness than the thickness prescribed by any byelaw in that behalf for the wall in which such recesses are made do not exceed one half of. the extent of the vertical superficies of such wall ; (d.) Unless the side of any such recess nearest to the inner face of any return external wall is distant at the least thirteen and a half inches therefrom. Recesses. The "exteiit" of a recess for the purposes of this byelaw is to be ascertained with reference to the area of its vertical face or elevation. Whether the recesses are formed for ornament or to secure more floor room, the matters dealt with in this byelaw must be rigidly controlled if the stability of the walls is not to be affected, and the precise rules prescribed by the clauses governing the thickness of walls rendered nugatory. Similar rules to those here prescribed are embodied in s. 54 of the London Building Act, 1894. In that section the thickness of the back of a recess in a party wall is required to be not less than thirteen inches ; but where such a recess does not exceed five inches in depth, the Act permits corbelling in brick or stone to be substituted for the arching. Subject to this an arch of at least two rinys of brickwork of the full depth of the recess is required by the section to be turned over every recess on every storey. (See Diagram, Plate IX., Figs. 18 and 19, Appendix.) 30, A person who shall erect a new building shall not make Chases in in any wall of such building any chase which shall be wider w than fourteen inches or more than four and a half inches deep from the face of such wall, or shall leave less than nine inches in thickness at the back or opposite side thereof, or which shall be within thirteen and a half inches from any other chase, or within seven feet from any other chase on the same side of such wall, or within thirteen ami a half inches from any return wall. Chases. A chase may be described as a vertical indent in a wall, formed either for the purpose of joining thereto another wall, or for so fixing pipes, etc., that they shall not extend beyond the face of the wall. (See Diagram, Plate IX., Fig. 19, Appendix.) Like the previous clause, this is a provision " for securing stability." (See, for a similar provision affecting the metropolis, s. 60 of the London Building Act, 1894.) 138 SERIES IV. NEW STREETS AND BUILDINGS. Bondtimbers, 31. A person who shall erect a new building shall not place etc. in party . . , , .. ,. i j . i walls pro- in an y party wall or such building any bond timber, or any hibited. plate, block, brick, or plug of wood. Timbers in party walls. Section 56 (3) of the London Building Act, 1894, contains a similar prohibition as regards the metropolis of the building into a party wall of any " bond timber or wood plate." " Bond timbers " are timbers inserted during the construction of walls, with a view to tying the work together longitudinally during settlement. They are now little used, as they have been a frequent cause of the collapse of the walls of burning buildings through the destruction of the timber by the fire. A " wood-plate " may be placed horizontally upon or against a wall for receiving the ends of rafters, girders, or joists. " Wood-bricks " are blocks of wood of the shape and size of ordinary bricks let into a wall in order to give a hold to the nails fixing other woodwork. The model byelaw prevents any of these being placed in a party wall, as to do so would be to substitute to some extent a combustible for an incombustible material in a wall designed to afford protection from the spread of fire, while the necessity for any such arrangement may be obviated by the use of hoop iron for bonding and other well understood expedients. (See also clause 32 and note thereon.) Bressummers, 32. A person who shall erect a new building shall not place ^stTin 1 ^ *^ e en( ^ ^ an y bressummer, beam, or joist in any party wall party walls, of such building, unless the end of such bressummer, beam, or joist be at least four and a half inches distant from the centre line of such party wall. Bressummers, beams, and joists. The London Building Act, 1894, defines a " bressummer " as " a wooden beam or a metallic girder which carries a wall." " Beams " also may be either of wood or metal. They either support a weight or are employed to counteract two opposite and equal forces, either drawing or compressing them, in the direction of their length. " Joists " are baulks of timber laid horizontally on edge at a specified distance apart, for the purpose of forming a framework to which the boards of a floor or the laths of a ceiling may be attached. (See Gwilt's Encyclopaedia of Architecture.) Bressummers, etc. in party walls. The model byelaws aim consistently at getting a thickness of not less than nine inches of brickwork or stonework in every part of a party wall. In the present case the clause prohibits the placing the end of any bressummer, beam, or joist within four and a half inches of the centre line of any such wall, so that if the end of another bressummer, beam, or joist be inserted on the other side of the wall, the prescribed thickness of nine inches, as well as the proper balance of the wall, may be maintained. This clause appears to have been based on s. 15 of the Metropolitan Building Act, 1855 (18 & 19 Viet. c. cxxii.), since repealed by s. 215 of the London Building Act, 1894. The re-enactment in s. 56 of the latter Act applies only to wooden bressummers, beams, and joists, and says nothing about keeping the ends of metallic bressummers the same distance from the centre line of a party wall as a wooden bressummer. The clause above, however, will apply to any bressummer, whether of wood or metal. WITH RESPECT TO THE STRUCTURE OF WALLS, ETC. 139 It will entirely prohibit the end of any bressummer, beam, or joist being placed in any party wall which is not more than nine inches thick. In such a case a bressummer must be supported as required by clause 34, and the joists should be laid parallel to the party walls, other timbers being supported upon corbels or iron brackets. (See Diagram, Plate IX., Fig. 20, Appendix.) 33. Every person who shall erect a new building shall cause Templates every girder to be borne by a sufficient template of stone, iron, for 8 lrders - terra-cotta, or vitrified stoneware of the full breadth of the girder. Use of templates. The use of a "template" (or "templet") is to distribute the weight of the girder. It may, under this byelaw, be of stone, iron, terra-cotta, or vitrified stoneware, but not of wood. It must be of the full breadth of the girder, and it may be questioned whether the clause should not require it to be slightly wider than this. 34. Every person who shall erect a new building shall cause Bearing of every bressummer to have a bearing in the direction of its bressummers - length of four inches at least at each end, on a sufficient pier of brick or stone, or on a storey post of timber or iron fixed on a solid foundation, in addition to its bearing on any party wall; and He shall also, if necessary, cause such bressummer to have such other storey posts, iron columns, stanchions, or piers of brick or stone on a solid foundation under the same as may be sufficient to carry the superstructure. Bearing of bressummers. The object of this clause is to secure adequate support for the bressummer, independently of its bearing on any party wall, on which otherwise the whole of the weight carried by the bressummer would be concentrated. "Storey posts" (see Plate IX. Fig. 21, Appendix), are upright supports which should either have a solid wall below, or stand upon proper bedstones with their ends let into sockets. (See Gwilt's Encyclopaedia of Architecture.) "Columns" and "stanchions" are other forms of upright supports which must also rest upon proper foundations. Requirements similar to those of the present clause are in force in the metropolis (see s. 56 of the London Building Act, 1894). 35. Every person who shall erect a new building shall cause Space the open space inside any partition wall of such building, or j^g*^ 6 "^ between the joists in any wall of such building, to be stopped to be stopped, with brickwork, concrete, pugging, or other incombustible material, at every floor and ceiling. Space between joists, etc. to be stopped. If this requirement were omitted, and the space inside partitions and between joists were consequently 140 SERIES IV. NEW STREETS AND BUILDINGS. left unstopped, great facilities would be offered for the spread of fire from room to room, and from floor to floor. " Pugging " is a name given to a coarse kind of mortar. Foundations, etc. of chimneys. 36, Every person who shall erect a new building shall, except in such case as is herein-after provided, cause every chimney of such building to be built on solid foundations and with footings similar to the footings of the wall against which such chimney is built, and to be properly bonded into such wall : Provided, nevertheless, that such person may cause any chimney of such building to be built on sufficient corbels of brick, stone, or other hard and incombustible materials, if the work so corbelled out does not project from the wall more than the thickness of the wall measured immediately below the corbel. Foundations of chimneys. It is unnecessary to enlarge upon the necessity, in the interests of stability, of securing proper foundations for chimneys. The requirements of this byelaw are similar to those in force in the metropolis (see s. 64 (1) of the London Building Act, 1894). Tt may, however, be mentioned that the London Act allows chimneys to be " carried upon iron girders with direct bearings upon party external or cross walls." An illustration of the proviso will be found in Plate X., Fig. 24, Appendix. Flues to be rendered or pargeted. 37. Every person who shall erect a new building shall cause the inside of every flue of such building to be properly rendered or pargeted as such flue is carried up, unless the whole flue shall be lined with fireproof piping of stoneware at least one inch thick, and unless the spandril angles shall be filled in solid with brickwork or other incombustible material. Such person shall also cause the back or outside of such flue, which shall not be constructed so as to form part of the outer face of an external wall, to be properly rendered in every case where the brickwork of which such back or outside may be constructed is less than nine inches thick. Flues. The cavity or hollow from the fireplace contracts as it ascends to the top of the room. This part of the chimney is termed the "gathering," and the " flue " is the tube or cavity from the point where the gathering ceases up to the top of the chimney. Clause 37 of the model byelaws aims at the prevention as far as possible of the lodgment of soot on the inner surface of the flue, and of the penetration of fire between the joints of the brickwork. With this view it requires the inside of the flue to be coated with plaster or lined with fireproof piping. The gathering as well as the flue should be rendered or pargeted. The "spandril angles" are the spaces formed between STRUCTURE OF CHIMNEYS. 141 the lining of the flue and the angles of the brickwork or masonry enclosing the flue. The "back" of the flue is that side which is opposite to the " breast," the breast being the part of the wall containing the chimney which faces the room. The second paragraph of the clause, it will be seen, applies only to flues in party or cross walls where the back is less than nine inches in .thickness. The thickness of the back is regulated by clause 42. 38. Every person who shall erect a new building shall cause Furnace, etc. every flue in such building which may be intended for use in flues ' connection with any furnace, cockle, steam boiler, or close-fire, constructed for any purpose of trade, business, or manufacture, or which may be intended for use in connection with any cooking range or cooking apparatus of such building when occupied as a hotel, tavern, or eating house, to be surrounded with brickwork at least nine inches thick for a distance of ten feet at the least in height from the floor on which such furnace, cockle, steam boiler, close-fire, cooking range, or cooking apparatus may be constructed or placed. Furnace, etc. flues. A similar provision to the above is contained in s. 64 (4) of the London Building Act, 1894, in which, however, the thickness of eight and a half inches (corresponding to nine inches in the model byelaws) is required to be carried " to the level of the ceiling of the room next above " the furnace, etc. A " cockle " is a form of stove. In some hop-growing districts, the words " other than the cockle of any oast-house or hop-kiln, or with any," have been inserted after " cockle " in line 3. 39. Every person who shall erect a new building shall Support of cause a sufficient arch of brick or stone or a sufficient bar of wrought iron to be built over the opening of every chimney of such building to support the breast of such chimney ; and if the breast projects more than four and a half inches from the face of the wall, and the jamb on either side is of less width than thirteen and a half inches, he shall cause the abutments to be tied in by a bar or bars of wrought iron of sufficient strength, eighteen inches longer than the opening, turned up and down at the ends, and built into the jambs on each side. Support of chimney breasts. This clause, the terms of which are similar to those of s. 64 (3) of the London Building Act, 1894, provides for the support of a chimney breast by means of an arch of brick or stone (see Plate X., Fig. 22, Appendix), or a strong bar of iron over the opening. The term "jamb " is applied to the vertical portion of masonry or brickwork on each side of the chimney opening, on which the arch or bar discharging the weight of the breast will have an abutment (Plate X., Fig. 23 Appendix). Where otherwise the jambs would be insufficient to sustain the thrust to which they are to be subjected, they must be tied in as mentioned in the part of the !>yclaw. SERIES IV. NEW STREETS AND BUILDINGS. Jambs of chimney openings. Thickness of chimney breasts, etc. 40. Every person who shall erect a new building shall cause the jambs of every chimney of such building to be at least nine inches wide on each side of the opening of such chimney. Width of jambs of chimney openings. Practically the same provision is embodied in s. 64 (8) of the London Building Act, 1894. It is necessary alike " for securing stability " and for " the prevention of fires." 41. Every person who shall erect a new building shall cause the breast of every chimney of such building and the brickwork or stonework surrounding every smoke flue and every copper flue of such building to be at least four and a half inches in thickness. Thickness of chimney breasts, etc. This clause should be read with clause No. 37. Section 6 of the Chimney Sweepers and Chimney Regulation Act, 1840 (3 & 4 Viet. c. 85), prescribes the following regulations as to the construction of chimneys and flues : " All withs and partitions between any chimney or flue which at any time shall be built or rebuilt, shall be of brick or stone, and at least equal to half a brick in thickness ; and every breast-back and with or partition of any chimney or flue hereafter to be built or rebuilt shall be built of sound materials, and the joints of the work well filled in with good mortar or cement, and rendered or stuccoed within ; and also every chimney or flue hereafter to be built or rebuilt in any wall, or of greater length than four feet out of the wall, not being a circular chimney or flue twelve inches in diameter, shall be in every section of the same not less than fourteen inches by nine inches : and no chimney or flue shall be constructed with any angle therein which shall be less obtuse than an angle of one hundred and twenty degrees, except as herein-after excepted ; and every salient or projecting angle in any chimney or flue shall be rounded off four inches at the least ; upon pain of forfeiture, by every master builder or other master workman who shall make or cause to be made such chimney or flue, of any sum of not less than ten pounds nor exceeding fifty pounds : Provided nevertheless, that notwithstanding this Act chimneys or flues may be built at angles with each other of ninety degrees and more, such chimneys or flues having therein proper doors or openings not less than six inches square." Thickness of chimney backs. 42. Every person who shall erect a new building shall cause the back of any chimney opening in a party wall of any room which may be constructed for occupation as a kitchen to be at least nine inches thick to the height of at least six feet above such chimney opening, and he shall cause such thickness to be continued at the back of the flue. Such person shall cause the back of every other chimney opening in such building, from the hearth up to the height of twelve inches above such opening, to be at least four and a half inches thick if such opening be in an external wall, and nine STRUCTURE OF CHIMNEYS. 143 inches thick if such opening be elsewhere than in an external wall. Thickness of chimney backs. The effect of this clause is to require the backs of chimneys to be at least nine inches in thickness, except where they are constructed in external walls, when they may be only four and a half inches in thickness. In the case of a kitchen chimney in a party wall, the prescribed thickness should, in order to obviate danger from tire to the adjoining building, be carried up six feet above the chimney opening and continued at the back of the flue. In the other cases specified, where a thick- ness of nine inches is required, it will be sufficient if it be carried up not less than one foot above the opening (see Diagram, Plate X., Fig. 22, Appendix). 43. Every person who shall erect a new building shall cause Thickness of the upper side of every flue of such building, when the course strutted at of such flue makes with the horizon an angle of less than an angle. forty-five degrees, to be at least nine inches in thickness. Thickness of flues. A similar provision is contained in s. 64 (11) of the London Building Act, 1894. Section 6 of the Chimney Sweepers and Chimney Regulation Act, 1840 (3 & 4 Viet. c. 85), enacts that no flue shall be constructed with any angle therein less obtuse than one hundred and twenty degrees, except in cases where proper doors or openings at least six inches square are provided, when the angles may be ninety degrees and more. Every salient or projecting angle in any flue is, by the same enactment, to be rounded off four inches at least (see ante, p. 142). 44. Every person who shall erect a new building shall Support of construct every arch, upon which any flue may be carried, g^rryine so that such arch shall be effectually supported by means of a flues, bar or bars of wrought iron of adequate strength. He shall cause every such bar, to the extent of four and a half inches, to be securely built or pinned into the wall at each end thereof. He shall provide, for every nine inches of the width of the soffit of such arch, one, at the least, of such bars as a means of support for such arch. Flues carried upon arches. This byelaw will apply in any case where a flue is carried upon an arch from an outbuilding to one of the main walls of the building, in order to continue it up above the roof of the main building. The degree of support is regulated by the width of the " soffit " or under surface of the arch. 45. Every person who shall erect a new building shall cause Chimney every chimney shaft or smoke flue of such building to be carried ^"ca^icfi ' up in brickwork or stonework all round at least four i 2 180 SERIES IV. NEW STREETS AND BUILDINGS. "Containers' and'"D' traps " pro- hibited. as to receive and contain a sufficient quantity of water, and to allow all filth which may from time to time be deposited in such pan, basin, or receptacle to fall free of the sides thereof, and directly into the water received and contained in such pan, basin, or receptacle. He shall not construct or fix under such pan, basin, or receptacle any " container " or other similar fitting. He shall not construct or fix in or in connection with the watercloset apparatus any trap of the kind known as a "'D'trap." Flushing of waterclosets. The points to be considered in connection with this matter are (a) the sufficiency of the flush, and (6) the prevention of the contamination of the general water supply of the building through any connection with the closet. The sufficiency of the flush depends primarily upon the volume and force of the water liberated by each pull or lift of the valves ; but it is greatly affected by the size and arrangement of the service pipe, the shape of the pan or basin of the closet, and the way in which the water is made to enter the pan. A flush of two gallons, properly applied, may effectually cleanse a well-constructed closet pan, where double that quantity would be ineffectual in removing all traces of soil from one of improper shape, in which the water could not spread itself with sufficient force all over the internal surface of the pan. The only effectual method of protecting the general water supply against contamination from the closets is to provide a service cistern or flushing box for flushing purposes only, and this is required by the first paragraph of the clause now under consideration. As regards the construction of service cisterns, the clause provides only in the most general way. It merely requires them to be of adequate capacity (a matter affecting the sufficiency of the flush), and to be so constructed, etc., as to make a com- plete break between the service pipes and the closet pan. Messrs. P. Gordon Smith and Keith D. Young, in an admirable article already referred to, state that, " in order to make the flush effectual, both as regards volume and force, it is requisite to fix the flushing cistern at least four or five feet above the closet basin, and to provide a pipe from the cistern to the basin of at least one and a quarter inches diameter." (See " The Dwelling," in Drs. Stevenson and Murphy's " Treatise on Hygiene and Public Health.") The flush should in no case be less than two gallons : where possible, it should be three gallons. In a like general way, the second paragraph of clause 69 deals with the other parts of the apparatus necessary for the proper flushing of the pan. The construction of the pan itself is regulated by paragraph 3. Incidentally, it may be pointed out that no form of closet which is without proper flushing apparatus will satisfy the requirements of the byelaw. Mere hand flushing by means of buckets of water from time to time thrown down the closet will not suffice. Shape of pan, basin, or receptacle of watercloset. Beyond certain limits, it forms no part of the legitimate scope of these byelaws to determine the special fitness or otherwise of the various forms of closet pans from time to time introduced. It will be seen, however, that the combined effect of para- graphs 2 and 3 of clause 69 is to prohibit the construction of closets with pans WITH RESPECT TO WATERCLOSETS, ETC. 181 of the " long hopper" pattern (now almost, thoiigh not quite, obsolete). It will be seen from the diagram (Plate XVIIL, Fig. 47, Appendix) that this form of closet will not satisfy the requirement that the pan shall be such as to be readily cleansed by a reasonable flush of water properly applied, and to admit of the excreta falling clear of the sides into a sufficient quantity of water in the bottom of the pan. It is also questionable whether the "wash-out " type of closet altogether complies with the requirements of the clause. In this form of closet (see Fig. 49) the filth tends to become spread out over a comparatively flat bottom in a very shallow depth of water. Moreover, when the flush is released assuming it to be sufficient to clear the pan the faeces are broken up and dashed with great force against the inner surface of the front of the pan, and this not only increases the effluvia in connection with the use of the closet, but causes the passage between the pan proper and the trap to become fouled and give off noxious exhalations, which readily pass into the house. The older pan closet is prohibited by the fourth paragraph of clause 69, as it necessitates the use of a " container." The diagram (Plate XVIIL, Fig. 46, Appendix) shows not only the container in position, but also one of the " D " traps (Fig. 46) prohibited by paragraph 5. The objection both to the container and to the " D " trap is that neither is in the remotest degree self- cleansing in any proper sense of the term, and that in course of time the accumulation of filth in places where the flush cannot reach it is so great as to constitute a, direct danger to health whenever the handle is pulled. If any part of the apparatus becomes unsound the danger is incalculably increased. Happily, at the present day, it is unnecessary to emphasise the defects of these forms of apparatus. " Slopclosets " and " troughclosets." Two forms of watercloset the slopcloset and the troughcloset which are not specifically referred to in the model byelaws, need passing mention, in connection with a report presented to the Local Government Board in the year 1891, by Dr. Parsons, now one of the assistant medical officers of that Board. ["Slopclosets and troughclosets," being a report by H. F. Parsons, M.D. (London : Eyre & Spottiswoode, 1892).] A slopcloset is defined by Dr. Parsons, to be one from which the excrement is intended to be washed away into the drain by means of the slops or refuse liquids of the household, instead of by clean water supplied for*the purpose (see Plate XIX., Fig. 42, Appendix) ; while troughclosets are so constructed that the excreta from a range of closets placed side by side fall into a trough which is partly filled with water, and from which they are usually discharged by means of a flush applied at one end of the trough. (See Diagram, Plate XIX. Fig. 43, Appendix.) The slopcloset with "automatic" flushing apparatus, was considered by Dr. Parsons to be well adapted for cottages with separate closet accommodation, in places where the charge for water was high ; and the troughcloset for schools, mills, and other places where closets are used in common by large numbers of people. Neither of these closets is suitable for indoor use ; but if constructed with suitable apparatus for flushing, some forms of them would seem to comply with the requirements of clause 69 of liydaws. Where, however, it is desired to prescribe more detailed requirements with regard to the construction of slop waterclosets, the following clause may be considered. Its adoption would make it necessary to limit the operation of model clause 69 to waterclosets other than slop waterclosets. Every person who shall construct in connection with a Construction building a watercloset of the kind known as a slop watercloset, cioset8. W 182 SERIES IV. NEW STREETS AND BUILDINGS. shall so construct such closet that it shall not be entered otherwise than from the external air. He shall furnish such watercloset with a pan, basin or other suitable receptacle of non-absorbent material, and of such shape, of such capacity, and of such mode of construction as to receive and contain a sufficient quantity of water, and to allow all filth which may from time to time be deposited in such pan, basin or receptacle, to fall free of the sides thereof, or of any shaft leading thereto, and directly into the water received and contained in such pan, basin or receptacle. He shall construct or fix under such pan, basin or receptacle a suitable trap. He shall furnish such watercloset with a proper tipper or flushing tank of glazed stoneware, or other suitable smooth and impervious material, of a capacity not less than three gallons, and so constructed as when full to discharge the whole of its contents by automatic action into the pan, basin or other receptacle with which such closet may be provided for the effectual flushing and cleansing of such pan, basin or other receptacle, and for the prompt and effectual removal therefrom, and from the trap beneath the same, of any solid or liquid filth which may from time to time be deposited therein. He shall cause such watercloset to be so constructed and so connected with proper surface water and waste water drains, that the surface water from the yard and roof of such building and from the roof of any other building within the same curtilage, and the waste water from such building may be conveyed into such tipper or flushing tank. Provided that a single tipper or flushing tank may be con- structed so as to serve for two waterclosets of the kind known as slop waterclosets, which immediately adjoin one another, and are in connection with one and the same building, but in such case such tipper or flushing tank shall have a capacity of not less than five gallons. Keeping of waterclosets supplied with sufficient water for flushing. Byelaws with respect to waterclosets under s. 157 (4) of the Public Health Act, 1875, cannot directly provide as to the keeping of the closets supplied with sufficient water for flushing. They can, as in clause 69 of the present series, require the provision of the necessary apparatus ; but, under the general law, the supply of water for flushing purposes can only be dealt with specifically by means of a byelaw, under s. 23 (1) or (3) of the Public Health Acts Amendment Act, 1890. In this respect the two sections are complementary, the one of the other. As regards the byelaws authorised by the Act of 1890, see notes on pp. 78, 106. WITH BESPECT TO WATEKCLOSETS, ETC. 183 Construction of earthclosets and privies should be regulated. The construction of earthclosets and privies forms the subject of clauses 70 79 of the model series. The fact that the Public Health Acts recognise properly constructed earthclosets and privies as sufficient forms of privy accommodation, and that, except under circumstances such as are provided for by s. 36 of the Public Health Act, 1875, the local authority are not empowered to require the provision of waterclosets to the exclusion of other forms of privy construc- tion, has been dealt with on pp. 23, 177. In connection with this subject, it should be pointed out that the omission of clauses 70 79 would not prevent the construction of earthclosets and privies : it would merely leave their construction unregulated. The clauses in question should accordingly find a place in any series of byelaws made under s. 157 of the Public Health Act, 1875, unless a satisfactory series dealing with the subject is already in force, or the matter is regulated by the provisions of a local Act. 70. Every person who shall construct an earthcloset in con- Apparatus of nection with a building shall furnish such earthcloset with a earthclosets - reservoir or receptacle, of suitable construction and of adequate capacity, for dry earth or other deodorizing substance, and he shall construct and fix such reservoir or receptacle in such a manner and in such a position as to admit of ready access to such reservoir or receptacle for the purpose of depositing therein the necessary supply of dry earth or other deodorizing substance. He shall construct or fix in connection with such reservoir or receptacle suitable means or apparatus for the frequent and effectual application of a sufficient quantity of dry earth or other deodorizing substance to any filth which may from time to time be deposited in any pan, pit, or other receptacle for filth constructed, fitted, or used in or in connection with such earthcloset. What constitutes an earthcloset. As to what constitutes an earthcloset, see note on p. 23. Apparatus of earthclosets. Clause 70 of the model byelaws requires that every newly -erected earthcloset shall be furnished with a receptacle for dry earth or other deodorizing substance, and with suitable means or apparatus (which should, if possible, be automatic) for the application of the deodorant to the filth from time to time deposited in the earthcloset. Supply of dry earth. See note, p. 24. 71. Every person who shall construct an earthcloset in con- Earthcioseta nection with a building, and shall provide in or in connection with fixed with such earthcloset a fixed receptacle for filth, shall construct re or fix such receptacle in such a manner and in such a position as to admit of the frequent and effectual application of a 184 SERIES IV. NEW STREETS AND BUILDINGS. sufficient quantity of dry earth or other deodorizing substance to any filth which may from time to time be deposited in such receptacle, and in such a manner and in such a position as to admit of ready access to such receptacle for the purpose of removing the contents thereof. He shall not construct such receptacle of a capacity greater than may be sufficient to contain such filth and dry earth or other deodorizing substance as may be deposited therein during a period not exceeding three months, or in any case of a capacity exceeding forty cubic feet. He shall construct such receptacle of such material or materials, and in such a manner, as to prevent any absorption by any part of such receptacle of any filth deposited therein, or any escape, by leakage or otherwise, of any part of the contents of such receptacle. He shall construct or fix such receptacle so that the bottom or floor thereof shall be at least three inches above the level of the surface of the ground immediately adjoining the earthcloset, and so that the contents of such receptacle may not at any time be exposed to any rainfall or to the drainage of any waste water or liquid refuse from any adjoining premises. Earthclosets with fixed receptacles. The expression "fixed receptacle" in connection with an earthcloset or a privy, has been explained at p. 23 (see also Diagram, Plate XX., Fig. 51, Appendix). As to the kind of earth which is deemed most suitable for use in connection with an earthcloset, see note ("Supply of deodorants") on p. 24. The present clause deals with the construction of fixed earthcloset receptacles, the object being to prevent the retention of filth, even in an earthcloset, for too long a period in the immediate neighbourhood of buildings, and to ensure that the contents of the closet shall be kept dry during the period of retention. It is essential that this dryness should be maintained ; for the mixture of earth and excrement in the receptacle when fresh will, if exposed to wet, enter into ordinary decomposition, and become foetid (Sir George Buchanan, M.D., F.R.S., late medical officer of the Local Government Board, in a report of an official inquiry made by him in 1869). Suitable means of access are necessary for the proper cleansing of the receptacle. The process is facilitated by having the bottom or floor above the level of the surface of the ground. Where clauses 7lA, 72A, and 73A, prohibiting the construction of indoor earthclosets with fixed receptacles, are adopted, clause 71 should be omitted. As to the cleansing of earthclosets with fixed receptacles, where a byelaw can be made on the subject, see clause 3 of the model series as to scavenging (p. 22). Earthclosets 72. Every person who shall construct an earthcloset with movable i n connection with a building, and shall provide in or in receptacles. , . . , , , , , , connection with such earthcloset a movable receptacle for filth, WITH EESPECT TO WATEKCLOSETS, ETC. 185 shall construct such earthcloset so that the position and mode of fitting of such receptacle may admit of the frequent and effectual application of a sufficient quantity of dry earth or other deodorizing substance to any filth which may from time to time be deposited in such receptacle, and may also admit of ready access to that part of the earthcloset in which such receptacle may be placed or fitted, and of the convenient removal of such receptacle or of the contents thereof. He shall also construct such earthcloset so that the contents of such receptacle may not at any time be exposed to any rainfall or to the drainage of any waste water or liquid refuse from any adjoining premises. Earthclosets with movable receptacles. The movable receptacle must, as regards the frequent application of earth, and the preservation of the dryness of contents, be treated in like manner as a " fixed receptacle." Access to the receptacle should be given by making the seat and riser of the closet removable (as shown in Fig. 52, Appendix), or by placing a suitable door in one of the sides of the space beneath the seat. If clauses 7lA, 72A, and 73A are adopted, the present clause, as well as clause 71, should be omitted from the series. As to the cleansing of earthclosets having movable receptacles (where the local authority can make byelaws on the subject), see clause 4 of the model series with regard to scavenging (p. 23). 71a. Every person who shall construct an earthcloset in Earthcloset connection with a building and shall provide in or in connection ^Vpta'de t with such earthcloset a fixed receptacle for filth, shall construct be outside i ij * such earthcloset outside such building, and shall construct or fix the receptacle of such earthcloset in such a manner and in such a position as to admit of the frequent and effectual application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in such receptacle and in such a manner and in such a position as to admit of ready access to such receptacle for the purpose of removing the contents thereof. He shall not construct such receptacle of a capacity greater than may be sufficient to contain such filth and dry earth or other deodorising substance as may be deposited therein during a period not exceeding three months or in any case of a capacity exceeding forty cubic feet. He shall construct such receptacle of such material or materials and in such a manner as to prevent any absorption by any part of such receptacle of any filth deposited therein or 186 SEKIES IV. NEW STREETS AND BUILDINGS. any escape by leakage or otherwise of any part of the contents of such receptacle. He shall construct or fix such receptacle so that the bottom or floor thereof shall be at least three inches above the level of the surface of the ground immediately adjoining the earth- closet and so that the contents of such receptacle may not at any time be exposed to any rainfall or to the drainage of any waste water or liquid refuse from any adjoining premises. Earthcloset 72a, Every person who shall construct an earthcloset in receptacle* & connection with but not within a building, and shall provide constructed in or in connection with such earthcloset a movable receptacle ^ or filth, shall construct such earthcloset so that the position and mode of fitting of such receptacle may admit of the frequent and effectual application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in such receptacle, and may also admit of ready access to that part of the earthcloset in which such receptacle may be placed or fitted, and of the convenient removal of such receptacle or of the contents thereof. He shall also construct such earthcloset so that the contents of such receptacle may not at any time be exposed to any rainfall or to the drainage of any waste water or liquid refuse from any adjoining premises. building. Earthcloset movable receptacle. 73a. Every person who shall construct an earthcloset within a building shall construct such earthcloset for use in corn- bination with a movable receptacle for filth. He shall construct such earthcloset so as to admit of a movable receptacle for filth of a capacity not exceeding two cubic feet being placed and fitted beneath the seat in such a manner and in such a position as may effectually prevent the deposit upon the floor or sides of the space beneath such seat, or elsewhere than in such receptacle of any filth which may from time to time fall or be cast through the aperture in such seat. He shall construct such receptacle in such a manner and in such a position as to admit of the frequent and effectual application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in such receptacle and in such a manner and WITH EESPECT TO WATERCLOSETS, ETC. 187 in such a position as to admit of ready access for the purpose of removing the contents thereof. Alternative clauses as to earth.closets.-The.se three clauses, 7lA, 72A, 73A, may be adopted by the local authority in place of clauses 71 and 72. The only difference between clauses 71 and 7lA is that the latter requires an earth- closet with a fixed receptacle to be outside the building in connection with which it is constructed. The provisions of clause 72A are the same as those of clause 72, except that they only apply to earthclosets with movable receptacles which are placed out-of-doors. Clause 73A deals with indoor earthclosets, and is designed to secure that the movable receptacle to be provided in such cases shall be of such limited size as to practically necessitate a weekly cleansing (see clause 4 of the model series as to the cleansing of earthclosets, etc.), and that it shall be so placed in position as to effectually catch all droppings falling through the seat. Prohibition of indoor earthclosets. If it is desired to entirely prohibit the construction of earthclosets within a building,* the following clause may be suggested : Every person who shall construct an earthcloset in con- indoor nection with a building, shall construct such earthcloset ear thclosets prohibited. outside such building. 73. Every person who shall construct a privy in connection Position of with a building shall construct such privy at a distance of six P" v y m feet at the least from a dwelling-house or public building, or buildings ; any building in which any person may be or may be intended to be employed in any manufacture, trade, or business. 74. A person who shall construct a privy in connection with in relation to a building shall not construct such privy within the distance of wateT supply; feet from any well, spring, or stream of water used or likely to be used by man for drinking or domestic purposes, or for manufacturing drinks for the use of man, or otherwise in such a position as to render any such water liable to pollution. 75. Every person who shall construct a privy in connection for purposes with a building shall construct such privy in such a manner and in such a position as to afford ready means of access to such privy, for the purpose of cleansing such privy and of removing filth therefrom, and in such a manner and in such a position as to admit of all filth being removed from such privy, and from the premises to which such privy may belong, without being carried through any dwelling-house or public building, or any * See note, p. 178. 188 SEEIES IV. NEW STREETS AND BUILDINGS. building in which any person may be, or may be intended to be employed in any manufacture, trade, or business. Neccessity for regulating construction of privies. In all ordinary cases, clauses 73 79 should on no account be omitted from the series when adopted by a local authority. The effect of doing so has already been pointed out (see note, p. 183). Position of privy. A privy, even when constructed in accordance with the model byelaws, should not be within six feet of any building in which human beings spend much of their time, or in which a number of persons may from time to time be assembled in a confined atmosphere. If the local authority should wish to prohibit the construction of a privy within a greater distance from buildings than six feet, the provisions of clause 54 with regard to the distance across the open space in rear of domestic buildings prescribed by that clause, will require consideration. No privy should be allowed to be newly erected within forty feet of any well or running water ; for although s. 47 (3) of the Public Health Act, 1875, renders liable to penalties any person who in any urban district (or in any rural district where the section has been put in force by an order of the Local Government Board) allows the contents of any privy to overflow or soak therefrom, and although the risk of soakage from a privy is reduced to a minimum where the privy is constructed in accordance with these byelaws, yet too great precaution can hardly be taken to prevent the pollution of water supplies. The water in any cistern which may be in the immediate neighbourhood of a privy is liable to contamination by noxious emanations from the filth therein, but the prohibi- tion of the construction of a privy within a given distance of a water cistern, would not prevent the placing of a cistern within that distance of a privy after the privy was completed. Clause 75, in effect, prohibits the construction of a privy in connection with any building unless there is a side passage or back street by means of which the filth from time to time removed from the privy can be taken away without bringing it through the building. This is a requirement of great sanitary importance in relation to the prevention of nuisance. Reference may also be made to clause 4 of the model series as to nuisances (p. 33). Ventilation of privies. Floors of privies. 76. Every person who shall construct a privy in connection with a building shall provide such privy with a sufficient opening for ventilation, as near to the top as practicable, and communicating directly with the external air. He shall cause the floor of such privy to be flagged or paved with hard tiles or other non-absorbent material, and he shall construct such floor so that it shall be in every part thereof at a height of not less than six inches above the level of the surface of the ground adjoining such privy, and so that such floor shall have a fall or inclination towards the door of such privy of half an inch to the foot. Construction bf privies. The necessity of proper ventilation, urgent as it is in connection with any form of sanitary convenience, becomes greatest WITH RESPECT TO WATERCLOSETS, ETC. 189 in relation to closets of the privy kind. " The floor," which should in every part be above the level of the ground, " should be of impervious material, and . . . should slope somewhat towards the door." (See Report of Mr. J. Netten Raclcliffe, late medical inspector of the Local Government Board, " On certain means of preventing excrement nuisances in towns and villages," 1875.) The construction of the seat and of the chamber beneath the seat is dealt with in the next three clauses of the model series. 77. Every person who shall construct a privy in connexion Privies with with a building, and shall construct such privy for use in receptacles, combination with a movable receptacle for filth, shall construct over the whole area of the space immediately beneath the seat of such privy a flagged or asphalted floor, at a height of not less than three indies above the level of the surface of the ground adjoining such privy ; and he shall cause the whole extent of each side of such space between the floor and the seat to be constructed of flagging, slate, or good brickwork, at least nine inches thick, and rendered in good cement or asphalted. He shall construct the seat of such privy, the aperture in such seat, and the space beneath such seat, of such dimensions as to admit of a movable receptacle for filth of a capacity not exceeding two cubic feet being placed and fitted beneath such seat in such a manner and in such a position as may effectually prevent the deposit, upon the floor or sides of the space beneath such seat or elsewhere than in such receptacle, of any filth which may from time to time fall or be cast through the aperture in such seat. He shall construct the seat of such privy so that the whole of such seat, or a sufficient part thereof, may be readily removed or adjusted in such a manner as to afford adequate access to the space beneath such seat for the purpose of cleansing such space, or of removing therefrom or placing and fitting therein the appropriate receptacle for filth. 78. Every person who shall construct a privy in connection Privies with with a building, and shall, construct such privy for use in combination with a fixed receptacle for filth, shall construct or fix in or in connection with such privy suitable means or apparatus for the frequent and effectual application of ashes, dust, or dry refuse to any filth which may from time to time be deposited in such receptacle. He shall construct such receptacle so that the contents thereof may not at any time be exposed to any rainfall or the 190 SERIES IV. NEW STREETS AND BUILDINGS. drainage of any waste water or liquid refuse from any adjoining premises. He shall construct such receptacle of such material or materials and in such a manner as to prevent any absorption by any part of such receptacle of any filth deposited therein or any escape, by leakage or otherwise, of any part of the contents of such receptacle. He shall construct such receptacle so that the bottom or floor thereof shall be in every part at least three inches above the level of the surface of the ground adjoining such receptacle. He shall not in any case construct such receptacle of a capacity exceeding eight cubic feet. He shall construct the seat of such privy so that the whole of such seat, or a sufficient part thereof, may be readily removed or adjusted in such a manner as to afford adequate access to such receptacle for the purpose of removing the contents thereof, and of cleansing such receptacle, or shall otherwise provide in or in connection with such privy adequate means of access to such receptacle for the purpose aforesaid. Construction of privy chambers. The construction of the floors of privies and the provision of means of ventilation having been dealt with by clause 76, clauses 77 79 proceed to regulate the construction of the chamber in which the excreta are received, either in a pail or other " movable receptacle," or on the bottom of the chamber itself. In a closet of either type (see Figs. 51 and 52, Appendix), the bottom and sides of the chamber should, as far as possible, be impervious. In the case of a privy with a movable receptacle, where it is intended to give access to the chamber by lifting up the seat (the arrangement contemplated by clause 77), all four sides of the chamber can and should be thus constructed ; but it is sometimes convenient to provide for the construction of a door in one side of the chamber, so that the privy pail can be removed and replaced from outside. A slight modification of the clause in order to enable this arrange- ment to be adopted would probably be assented to by the Local Government Board. In any case, the bottom of the chamber should be slightly above the surface of the ground, and the space under the seat should be no greater than is necessary to permit of a privy pail just large enough for the probable needs of the household during a period of one iveek, being placed beneath the aperture. The cleansing of privies of this description, where byelaws on the subject can be made by the local authority, is dealt with by clause 6 of the model series as to scavenging (see p. 24). Unlike privies with movable receptacles, those with fixed receptacles are designed to receive ashes and other dry refuse, as well as excreta. But here, again, the provision should be sufficient only for one week's accumulation. It is of the utmost impoitance that the space for the mingled ashes and excrement should not be exposed to rainfall, surface drainage, or the soakage of subsoil water, and that the materials of which the bottom and sides are constructed should, as far as possible, be non- absorbent. WITH RESPECT TO WATERCLOSETS, ETC. 191 The provisions of the model byelaws, if duly enforced, will effectually secure this. Clause 5 of the series as to scavenging, provides for the cleansing of privies with fixed receptacles, where a byelaw on the subject can be made. The clause referred to will be found on p. 24. 79. A person who shall construct a privy in connection with Communica- a building shall not cause or suffer any part of the space under w t Vdrain y the seat of such privy, or any part of any receptacle for filth in prohibited, or in connection with such privy to communicate with any drain. Drainage of privy prohibited. Drainage of the privy receptacle, or of the space for its reception, would be a provision for a state of things which it is the object of the model byelaws to prevent, viz., a wet, sloppy state of the contents. The existence of such provision, indeed, might almost seem to invite the throwing of house slops, etc., into the receptacle, and such objectionable practices should be discouraged in every possible way. The chief evil to be anticipated, however, is the blocking of the drains with solid matters carried into them from the privy. Speaking generally, it might be said that if provision for drainage is possible there is no reason why a water- closet should not be provided instead of a privy. 80. Every person who shall construct an ashpit in connection Position of with a building shall construct such ashpit at a distance of six reia^ionto feet at the least from a dwelling-house or public building, or buildings ; any building in which any person may be, or may be intended to be employed in any manufacture, trade, or business. 81. A person who shall construct an ashpit in connection in relation to with a building shall not construct such ashpit within the wa t e r supply; distance of feet from any well, spring, or stream of water used or likely to be used by man for drinking or domestic purposes, or for manufacturing drinks for the use of man, or otherwise in such a position as to render any such water liable to pollution. 82. Every person who shall construct an ashpit in connection for purposes with a building shall construct such ashpit in such a manner and in such a position as to afford ready means of access to such ashpit for the purpose of cleansing such ashpit, and of removing the contents thereof, and, so far as may be practicable, in such a manner and in such a position as to admit of the contents of such ashpit being removed therefrom, and from the premises to which such ashpit may belong, without being carried through any dwelling-house or public building, or any 192 SERIES IV. NEW STREETS AND BUILDINGS. building in which any person may be, or may be intended to be employed in any manufacture, trade, or business. What is an ashpit. Section 11 (1) of the Public Health Acts Amendment Act, 1890, provides that the expression " ashpit " in the Public Health Acts, shall, for the purpose of the execution of those Acts, include any ashtub or other receptacle for the deposit of ashes, fsecal matter, or refuse. It will be seen that the model byelaws 80 85, of the present series, apply only to persons " constructing " ashpits. The provision of a galvanized iron or other movable receptacle for ashes and dry refuse could scarcely be considered as the construction of an ashpit ; but under the heading " with respect to ... ashpits ... in connection with buildings," it would seem that the local authority could make byelaws regulating the capacity of such ashbins, the material of which they are to be constructed, etc., and requiring ashpit accommodation to be provided in certain cases in this form, instead of in the form of a built-up ashpit. They could not, probably, by any general prohibition express or implied, prevent the construction of ash- pits with fixed receptacles in any case. A form of byelaw regulating the construction of movable ashpits is suggested at p. 193. Position of ashpit. As the ash pit so often contains quantities of vegetable and other matters in process of decomposition, it should be at least six feet from any dwelling-house or other building such as is mentioned in clause 80. In connection with any proposed increase of this distance, the provisions of clause 54 as to the distance across open space in rear of buildings prescribed by that clause, will require consideration. No ashpit should be within " thirty feet " of any well, spring, stream, or cistern from which water is likely to be taken for drinking or domestic purposes ; otherwise the effluvia from the ashpit, or the dust produced by sifting cinders thereat, may cause pollution of the water. The difficulty as regards water tanks and cisterns, however, has been indicated in connection with the model clause 74. As to the means of access to ashpits for the purpose of cleansing, it will be noticed that the words " so far as may be practicable " which are inserted in this clause, do not appear in clause 75. Without these words, however, the byelaw now under consideration might be held to be unreasonable, as applying to all ashpits, including those used only for ashes, dust, and dry refuse. Where the ashpit was connected with a privy, clause 75 would, as regards new erections, secure the provision of means of access for the removal of the contents without carrying them through any dwelling-house, etc. Capacity of 83. Every person who shall construct an ashpit in connection with a building shall construct such ashpit of a capacity not exceeding in any case six cubic feet, or of such less capacity as may be sufficient to contain all dust, ashes, rubbish, and dry refuse which may accumulate during a period not exceeding one week upon the premises to which such ashpit may belong. Capacity of ashpits. The cleansing of ashpits is intended to be regulated, where the district council do not themselves undertake or contract for the work, and where the model byelaws are adopted, by clauses 7 and 8 of the series under the first part of s. 44 of the Public Health Act, 1875. The notes WITH RESPECT TO WATERCLOSETS, ETC. on those clauses may be referred to (see p. 25), the present clause being intended to practically enforce a weekly cleansing of ashpits by so limiting their capacity that inconvenience will be occasioned to occupiers if a weekly cleansing is not resorted to. 84. Every person who shall construct an ashpit in connection Construction with a building shall construct such ashpit of flagging, or of of ash P lt - slate, or of good brickwork, at least nine inches thick, and rendered inside with good cement or properly asphalted. He shall construct such ashpit so that the floor thereof shall be at a height of not less than three inches above the surface of the ground adjoining such ashpit, and he shall cause such floor to be properly flagged or asphalted. He shall cause such ashpit to be properly roofed over and ventilated, and to be furnished with a suitable door in such a position and so constructed and fitted as to admit of the con- venient removal of the contents of such ashpit, and to admit of being securely closed and fastened for the effectual prevention of the escape of any of the contents of such ashpit. Construction of ashpits. The points to be observed in the construction of ashpits do not materially differ from those which should be provided for in connection with fixed privy receptacles. The main consideration is that the contents shall be kept dry, so as to retard decomposition of organic substances as much as possible, while retained upon the premises. 85. A person who shall construct an ashpit in connection Communica- with a building shall not cause or suffer any part of such ashpit ^pif with to communicate with any drain. drain prohibited. Drainage of ashpits. See note to clause 79, ante, p. 191. Movable ashpits. Where the local authority wish to regulate the con- struction, etc., of movable ashpits (see note, p. 192), the following clause may be considered : A person shall not provide in connection with a building any Construction movable ashpit, unless such ashpit be constructed of galvanized * iron or other suitable impervious material of a sufficient strength and thickness, and be otherwise such as to satisfy the requirements of the following rules : (a.) Such ashpit shall be provided with suitable handles and a properly fitting cover : L94 SERIES IV. NEW STREETS AND BUILDINGS. (6.) Such ashpit shall be of a capacity not exceeding six cubic feet, or of such less capacity as may be sufficient to contain all dust, ashes, rubbish and dry refuse which may accumulate during a period not exceeding one week upon the premises for which it is provided. Position of 86. Every person who shall construct a cesspool in connection inflation to with a building shall construct such cesspool at a distance buildings; o f feet at the least from a dwelling-house or public building, or any building in which any person may be, or may be intended to be employed in any manufacture, trade, or business. in relation to 87. A person who shall construct a cesspool in connection w ^h a building shall not construct such cesspool within the distance of feet from any well, spring, or stream of water used or likely to be used by man for drinking or domestic purposes, or for manufacturing drinks for the use of man, or otherwise in such a position as to render any such water liable to pollution. for purposes of cleansing. Cesspool not to be con- nected with sewer. 88. Every person who shall construct a cesspool in connection with a building shall construct such cesspool in such a manner and in such a position as to afford ready means of access to such cesspool for the purpose of cleansing such cesspool, and of removing the contents thereof, and in such a manner and in such a position as to admit of the contents of such cesspool being removed therefrom, and from the premises to which such cesspool may belong, without being carried through any dwelling-house or public building, or any building in which any person may be, or may be intended to be employed in any manufacture, trade, or business. He shall not in any case construct such cesspool so that it shall have, by drain or otherwise, any outlet into or means of communication with any sewer. Position of cesspool. A cesspool under a house is, in effect, prohibited as regards new houses by ss. 23 and 35 of the Public Health Act, 1875. But such a receptacle should not be placed within fifty feet at the least from any of such buildings as are mentioned in clause 86. In Simmons v. Mailing Rural District Council, [1897] 2 Q. B. 433 ; 61 J. P. 502 ; 66 L. J. Q. B. 585 ; 77 L. T. 341 ; 43 W. R. 603 ; 13 T. L. E. 447, a byelaw in the terms of the model clause, and prescribing that distance, was held reasonable. From sixty feet to eighty feet ought to be regarded as the minimum distance which should be interposed between a cesspool and any well, spring, stream, or cistern from WITH RESPECT TO WATERCLOSETS, ETC. 195 which water is likely to be taken for drinking or domestic purposes, in order to prevent the pollution of the water. As regards cisterns, the principal danger, when the cistern is, as it always should be, above ground, is that the water may become contaminated by foul air escaping from the cesspool ; and probably the only reason why cisterns are not referred to in the byelaw is that there are no means of preventing the construction or fixing of a cistern within any given distance from a cesspool after the cesspool itself has been completed. But as regards wells and running water, the danger of the percolation of foul liquids through the soil in case of defect in the cesspool has to be guarded against, and the importance of this cannot be overrated. It is, of course, extremely difficult to detect a leakage from a cesspool, although s. 47 (3) of the Public Health Act, 1875, renders liable to penalties any person who, in any urban district (and in any rural district where the section has been put in force by an order of the Local Government Board), allows the contents of any cesspool to overflow or soak therefrom. The defect is only too likely to continue until the occurrence of illness (perhaps in an epidemic form) causes special investigation to be made. The danger of percolation is also the main reason for the requirement in clause 86 ; but, apart from this, it is necessary that the cesspool should be at a sufficient distance from dwelling-houses, etc., to enable it to be ventilated without risk of nuisance. The requirements of clause 88 are similar to those prescribed by clauses 75 and 79 as regards privies. Where a cesspool can be drained there can be no sufficient reason for the cesspool. The best method of emptying a cesspool is to force the contents through a pipe or hose, by means of a pneumatic pump, directly into a water- tight covered van. This method avoids the causing of nuisance, and further prevents the pollution of the surface of the ground by the spilling of liquid and semi-liquid filth, which is inseparable from the old method of emptying by means of a bucket tied to the end of a rope. There should never be any question of carrying cesspool contents through a building. (See the model byelaw as to scavenging, ante, p. 25.) 89. Every person who shall construct a cesspool in con- Construction nection with a building shall construct such cesspool of good of cess P 1 - brickwork in cement properly rendered inside with cement, and with a backing of at least nine inches of well puddled clay around and beneath such brickwork. He shall also cause such cesspool to be arched or otherwise properly covered over, and to be provided with adequate means of ventilation. Construction of cesspools. After what has been stated in connection with clauses 86 88, the requirements of the first part of this clause will not be considered unnecessarily stringent, the object being to secure the construction of the receptacle in such a manner as to prevent the pollution of the subsoil and of underground water supplies. The backing of clay puddle is also a support to the brickwork, which, when the cesspool is full, is subject to a great " thrust." As regards the latter part, proper means of ventilation are necessary in order to prevent foul air finding a passage through some fissure in the soil, or through the house drains, instead of directly into the open air, where by diffusion it may be rendered harmless. o 2 196 SEEIES IV. NEW STREETS AND BUILDINGS. Capacity of cesspools. It will be seen .that the model clauses as to cesspools do not, like those relating to other receptacles for filth (e.g., clauses 71, 77, 78, 83), limit the size of the receptacle. For various reasons it would be found difficult to do this. But the model clauses at least avoid the serious mistake of prescribing a minimum size for cesspools. Byelaws as to keeping waterclosets supplied with water. Where the local authority have power under s. 23 (1) of the Public Health Acts Amend- ment Act, 1890, to make byelaws on this subject, such byelaws may be inserted, under a separate heading, between clauses 89 and 90 of this series. (For a form of byelaw, see Model Byelaws, vol. ii.) With respect to the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation. 90. In every case : Where, by a notice in writing in the form hereunto appended, or to the like effect, and signed by the clerk to the Council, and duly served upon or delivered to the owner of a building or part of a building erected after the * the Council shall certify that it has been represented to them that such building or part of a building is unfit for human habita- tion, and that, unless on or before such day as shall be specified in such notice, such owner, by a statement in writing under his hand or under the hand of his agent duly authorized in that behalf, and addressed to and duly served upon or delivered to the Council, shall show sufficient cause why such building or part of a building shall not be declared unfit for human habitation, or unless, on such day and at such time and place as shall be specified in such notice, such owner personally or by his agent duly authorized in that behalf shall attend before the Council and show sufficient cause why such building or part of a building shall not be declared unfit for human habitation, the Council will declare such building or part of a building unfit for human habitation, and direct that such building or part of a building shall be closed, and prohibit the use for human habitation of such building or part of a building until the same shall have been rendered fit for human habitation : And where such owner shall fail to show sufficient cause why such building or part of a building shall not be declared unfit * Insert here either the words " date on which the Local Government Acts came into force in the district" or the words "date of the confirmation of these byelaws." BUILDINGS UNFIT FOB HABITATION. 197 for human habitation, and where, in consequence of such failure, the Council by their order, which shall be in writing under their seal in the form hereunto appended, or to the like effect, and shall be duly signed by their clerk, and which, or a copy of which shall be affixed in some conspicuous position in or upon such building or part of a building, may declare that such building or part of a building is unfit for human habita- tion, and may direct that, unless and until such building or part of a building shall have been rendered fit for human habitation, the same shall be closed, and the use thereof for human habitation shall be prohibited : A person shall not, after the date specified in such order and before such building or part of a building shall have been rendered fit for human habitation, knowingly inhabit or continue to inhabit, or knowingly cause or suffer to be inhabited such building or part of a building. FORM OP NOTICE. Borough or Urban or Rural District of To of WHEREAS by a statement in writing under the hand of Medical Officer of Health (or Surveyor) of the* , of which statement a copy is contained in the schedule hereunto annexed, it has been certified to the said Council that a certain building or part of a building situate at in the said district is unfit for human habitation ; And whereas it has been shown to the said Council that you are the owner of such building or part of a building ; Now, I , clerk to the said Council, do hereby give you notice that, unless on or before the day of 18 , by a statement in writing under your hand or under the hand of an agent duly authorized by you in that behalf, and addressed to and duly served upon or delivered to the said Council, you shall show to the said Council sufficient cause why such building or part of a building shall not be declared unfit for human habitation ; Or, unless you shall attend either personally or by an agent duly authorized in that behalf before the said Council at their office in on day the day of 18 , at o'clock in the noon and shall then and there show to the said Council sufficient cause why such building or part of a building shall not be declared unfit for human habitation ; * " Town Council of the borough of " ; or " Urban [or Rural] District Council of " ; an the, case may be. 198 SERIES IV. NEW STREETS AND BUILDINGS. The said Council, in pursuance of the powers conferred upon them in that behalf, will, by an order in writing under their seal, declare that such building or part of a building is unfit for human habita- tion, and direct that, unless and until such building or part of a building shall have been rendered fit for human habitation, the same shall be closed, and the use thereof for human habitation shall be prohibited. Witness my hand this day of in the year one thousand eight hundred and Clerk to the SCHEDULE. Copy of Certificate of Form of Order. Borough or Urban or 'Rural District of To , of , and to all others whom it may concern : WHEREAS it has been certified to us, the* , that a certain building or part of a building situate at in the said district is unfit for human habitation ; And whereas due notice of such certificate has been given to , the owner of such building or part of a building, and the said has failed to show sufficient cause why such building or part of a building shall not be declared unfit for human habitation ; Now we, the said Council, in pursuance of the powers conferred upon us in that behalf, do hereby declare that such building or part of a building is unfit for human habitation ; and we do hereby direct that, unless and until such building or part of a building shall have been rendered fit for human habitation, the same shall be closed, and the use thereof for human habitation shall be prohibited. Given under the common seal of the Council, this (L.S.) day of , in the year one thousand eight hundred and Clerk to the Buildings unfit for habitation: A byelaw with respect to the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation, is expressly authorised by the terms of s. 157 (4) of the Public Health Act, 1875, and the model clause gives effect to the provision on the subject in a very satisfactory manner. It enables the district council to serve notice on the owner of any building or part of a building represented to them to be unfit for human habitation, informing him that, unless he shows cause to the contrary, they will close the building, or such part as may be in question, and prohibit the further use of it for human habitation until it has been rendered fit for occupation. A form of notice is * See note, ante, p. 197. BUILDINGS UNFIT FOR HABITATION. attached. It contains a schedule in which a copy of the certificate on which the council have taken action will be served with the notice upon the owner. The clause also prescribes a form of order for closing the building, or part of a building, if the owner fails to show sufficient cause against this being done. If such an order is made, a copy of it should be affixed conspicuously upon the building or part of a building ; and the last paragraph of the clause will then prevent the occupation, as well as the letting, of the premises for human habitation until it has been rendered fit for occupation. Scope of the model byelaw. A byelaw under s. 157 (4) of the Public Health Act, 1875, with regard to the closing of buildings which are unfit for habitation, can only be made to affect buildings erected after the times mentioned in the proviso to that section. The proviso enacts : " Provided that no byelaw made under this section shall affect any building erected in any place (which at the time of the passing of this Act [i.e., llth August, 1875] is included in an urban sanitary district) before the Local Government Acts came into force in such place, or any building erected in any place (which at the time of the passing of this Act is not included in an urban sanitary district) before such place becomes constituted or included in an urban district, or by virtue of any order of the Local Government Board subject to this enactment." This proviso gives effect to the decisions in Brmcn v. Holyhead Local Board (1862), 1 H. & C. 601 ; 32 L. J. Ex. 25 ; 7 L. T. (N.S.) 332 ; 27 J. P. 184; 11 W. R. 71 ; Young v. Edwards (1864), 33 L. J. M. C. 227 ; 11 L. T. (N.S.) 424 ; and Burgess v. Peacock (1864), 16 C. B. (N.S.) 624 ; 10 L. T. (N.S.) 617 ; 10 Jur. (N.S.) 803, which were to the effect that byelaws could not be made to affect buildings erected before the district was formed, and were decided under s. 34 of the Local Government Act, 1858, which was similar to s. 157 of the Public Health Act, 1875, except that it omitted the above proviso. Notice. A printed signature of the clerk to the local authority to notices under the Public Health Act, 1875, is sufficient within the meaning of s. 266 of the Act (Brydges v. Dix (1891), 7 T. L. R. 215). Procedure under byelaw, alternative. Although a byelaw as to the closing of buildings which are unfit for habitation is clearly authorised by the statute, and there would seem to be a distinct advantage in including such a byelaw in any series made under s. 157 with respect to buildings, there are other means of closing buildings against habitation, both under the Public Health Act, 1875, itself, and under Part II. of the Housing of the Working Classes Act, 1890 (53 & 54 Viet. c. 70). Under s. 97 of the former Act, where a nuisance has been proved to exist, and the nuisance is such as to render any house or building (whether erected before or after the times mentioned in B. 157), in the judgment of a court of summary jurisdiction, unfit for human habitation, the court may prohibit the using thereof for that purpose, until, in its judgment, the house or building is rendered fit for habitation ; and under s. 32 of the Act of 1890, proceedings may be taken by the local authority against the owner or occupier for closing any dwelling-house in their district which appears to them to be in a state so dangerous or injurious to health as to be unfit for human habitation. The Third Schedule to the Act applies for the purpose of such proceedings ss. 91, 94, 95 and 97 of the Public Health Act, 1875 ; so that an order of a court of summary jurisdiction must be obtained in order to close a building under this Act. In proceedings under the model byelaw, however, no order of a court is required in cases to which the byelaw applies. 200 SERIES IV. NEW STREETS AND BUILDINGS. Notice of intention to lay out new street. Plans and sections to accompany notice. As to the giving of notices, deposit of plans and sections by persons intending to lay out streets or to construct buildings ; as to inspection l>y the Council ; and as to the power of such Council to remove, alter, or pull down any work begun or done in contravention of the byelaws. 91, Every person who shall intend to lay out a street shall give to the Council notice in writing of such intention, which shall be delivered or sent to their clerk at his or their office, or to their surveyor at his or their office, and shall at the same time deliver or send, or cause to be delivered or sent to their clerk at his or their office, or to their surveyor at his or their office, a plan and sections of such intended street, drawn to a scale of not less than one inch to every forty -four feet. Such person shall show on every such plan the names of the owners of the land through or over which such street shall be intended to pass, the intended level and width, the points of the compass, the intended mode of construction, the intended name of such street and its intended position in relation to the streets nearest thereto, the size and number of the intended building lots, and the intended sites, height, class, and nature of the buildings to be erected therein, and the intended height of the division and fence walls thereon, and the name and address of the person intending to lay out such street. Such person shall sign such plan, or cause the same to be signed by his duly authorised agent. Such person shall show on every such section the levels of the present surface of the ground above some known datum, the intended level and rate or rates of inclination of the intended street, the level and inclinations of the streets with which it is intended that such street shall be connected, and the intended level of the lowest floors of the intended buildings. The deposit of plans by persons intending to erect buildings is dealt with in the next clause. Places under local Acts. Where s. 57 et seq. of the Towns Improvement Clauses Act, 1847, apply by virtue of the provisions of any local Act, clause 91 should be omitted. Notices of intention to lay out streets or erect buildings. There would appear to be no authority for a byelaw requiring that notice shall be given and plans be deposited not less than a specified time before one of the ordinary meetings of the local authority. In Hattersley v. Burr (1866), 4 H. & C. 523 ; 14 L. T. (N.S.) 565, a byelaw requiring a month's notice to be given at one of the monthly meetings of the GIVING OF NOTICES, DEPOSIT OF PLANS, ETC. 201 board, was held to be unreasonable and bad, the reason for this, apparently, being that the court thought that the requirement of one month's notice to be given to the surveyor at one of the monthly meetings, which might operate so that nearly two months might elapse without the intending builder being able to do anything, was unreasonable (see per LUSH, J., in Hall v. Nixon (1875), L. R. 10 Q. B., at p. 160). But in the last-mentioned case, which is reported at L. R. 10 Q. B. 152 ; 39 J. P. 341 ; 44 L. J. M. C. 51 ; 32 L. T. (N.S.) 87 ; 23 W. R. 612, a byelaw requiring fourteen days' notice, with deposit of plans, before beginning to build, was held by the Queen's Bench to be reasonable and valid. Service of notice. By s. 267 of the Public Health Act, 1875, "notices, orders, and any other documents required or authorised to be served under this Act, may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served by fixing the same on some conspicuous part of the premises ; they may also be served by post by a prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice order or other document was properly addressed and put into the post. " Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the ' owner ' or ' occupier ' of the premises (naming them) in respect of which the notice is given, without further name or description." Where, however, the name of the owner or occupier can be ascertained, it will l)e the better plan not to rely on the permission given in the last paragraph of this section. A summons may be served in the manner provided by this section (B. v. Mead, [1894] 2 Q. B. 124 ; 63 L. J. M. C. 128 ; 70 L. T. (N.S.) 766 j 42 W. R. 442 ; 58 J. P. 448 ; 10 T. L. R. 413). In Mason v. Bibby (1864), 33 L. J. M. C. 105 ; 2 H. & C. 881 ; 9 L. T. (N.S.) 692; 12 W. R. 382; 10 Jur. (N.S.) 519; 28 J. P. 121, where the Public Health Act, 1848 (11 & 12 Viet. c. 63), s. 150, provided that in all cases in which any notice was required to be given to the owner or occupier of any premises, it should be sufficient to address the notice to them by the description of the " owner" or "occupier " of the premises, and that the notice should be served either personally or by delivering the same to some inmate of the owner or occupier's place of abode, it was held that service of a notice by delivering it to the clerk of an owner at his place of business was sufficient, s. 150 being in aid of service of notices : MARTIN, B., observing that a place of business was a place of abode, and a clerk an inmate under the section. In Neivport (Mayor, etc.) v. Levy (1893), 57 J. P. 199, it was held that a demand of a rate under the Public Health Act, 1875, was sufficiently served by being delivered at the ratepayer's chief place of business, though it was not part of the premises rated and the notice was not proved to be served personally on the ratepayer. Duty of local authority as regards approval or disapproval of plans. The local authority must either approve or disapprove of the plans on their merits, and are not warranted in enquiring into the title of the intending builder (Exparte Crosby (1877), 41 J. P. 740). 202 SEBIES IV. NEW STEEETS.AND BUILDINGS. The local authority are not entitled to object to plans unless they infringe some byelaw or statute (R. v. Tynemouth Rural District Council, [1896] 2 Q. B. 451 ; 60 J. P. 804 ; 65 L. J. Q. B. 545 ; 75 L. T. 86 ; 12 T. L. R. 536. In this case the respondents had refused to approve certain plans for laying out a building estate upon the grounds that the plans did not show that the house drains ended in any sewers, nor any street or outfall sewers, and the building owner refused to construct an outfall sewer at his own expense. The Court of Appeal held, affirming the judgment of the Queen's Bench Division, that the local authority were not entitled to attach such a condition to their approval. The local authority cannot refuse to approve of building plans because they object to the site (R. v. Preston (Corporation of) (1887), 3 T. L. R. 665), nor on the ground that the class of building proposed to be erected would, in their opinion, be injurious to the character of the neigh- bourhood as a place of residence, and would depreciate the value of other buildings and property in the neighbourhood (R. v. Mayor of Newcastle-upon- Tyne (1889), 53 J. P. 788 ; 60 L. T. (N.S.) 963 ; 5 T. L. R. 467). Conditional approval of plans. The only way by which a local authority can enforce a condition that a building shall be removed within a fixed time where their approval of plans is subject to such a condition, is by taking a bond with sureties for the due performance of the condition (see per LUSH, J., in Parsons v. Timewell (1879), 44 J. P. 296). One L., who was desirous of .converting his dwelling-house into a lock-up shop and warehouse, applied to the local authority for permission, which was granted on condition that if again used as a dwelling-house the building should be altered so as to leave an open space at the back. The premises were bought by the respondent in 1878, and he knew nothing of the condition. In 1883 it was let for five years, and was latterly used as a restaurant. The respondent was convicted under a local Act for unlawfully permitting the building to be used as a dwelling- house, and the conviction was upheld on appeal (West Hartlepool Commis- sioners v. Levy (1886), 50 J. P. 196). Eemedy in case of unwarranted refusal to approve. If the local authority refuse to approve plans which are in accordance with the byelaws submitted to them, the proper remedy for the person submitting the plans is to apply for a prerogative writ of mandamus (Smith v. Charley District Council, C. A., [1897] 1 Q. B. 678 ; 61 J. P. 340 ; 66 L. J. Q. B. 427; 76 L. T. 637 ; 13 T. L. R. 327 ; 45 W. R. 417), or to go on with his building. Power to proceed with work without approval of plans. Assuming that notice of intention to build has been duly given, and plans have been deposited, there is nothing to prevent the builder at once beginning to build without waiting for his plans to be approved, but he will do so at his peril in the event of the building not being in conformity with the byelaws. Section 158 of the Public Health Act, 1875, requires the local authority to signify their approval or disapproval within one month ; " and if the work is commenced after such notice of disapproval, or before the expiration of such month without such approval, and is in any respect not in conformity with any byelaw of the urban authority, the urban authority may cause so much of the work as has been executed to be pulled down or removed." It will thus be seen that the section does not apply unless the building which has been erected without the approval of the local authority to the plans is not in conformity with any byelaw. GIVING OF NOTICES, DEPOSIT OF PLANS, ETC. 203 The local authority are bound to approve or disapprove of plans submitted to them within a month, and if they fail to do so they cannot afterwards object to the building according to the plan (Masters v. Pontypool Local Board (1878), 9 Ch. D. 677 ; 47 L! J. Ch. 797), and they are precluded from recovering any penalty (Clark v. Bloomfield (1885), 1 T. L. R. 323 ; cf. also Slee v. Bradford Corporation (1863), 4 Giff. 262 ; 27 J. P. 612 ; 8 L. T. (N.S.) 491 ; 9 Jur. (N.S.) 815 ; Cumber v. Bournemouth Improvement Commissioners (1894), 71 L. T. 10). Effect of not adhering to plans as approved. If the person intending to lay out a new street substantially departs from the plan which has been deposited and approved without having sent in fresh plans, he renders himself liable to a penal ty under the byelaws (cf. James v. Masters, [1893] 1 Q. B. 355). Power of district council to retain plans. A byelaw by which the district council would take power to retain plans and sections submitted to them under this or the succeeding clause, would probably not be confirmed by the Local Government Board. The decision in the case of Gooding v. Ealing Local Board (1883), 1 T. L. R. 62 ; 1 0. & E. 359, would seem to show that under certain circumstances a district council might retain the plans of proposed streets or buildings ; but a byelaw purporting to reserve any such power would seem to go beyond the terms of s. 157 of the Public Health Act, 1875. The byelaws, however, might require plans and sections to be deposited in duplicate. In Ballymena Commissioners v. M'Kay (1886), Ir. Rep. 17 Ch. D. 605, a byelaw requiring every person who shall intend to erect a building, or to rebuild any existing house, to give notice in writing of such intention accompanied by a plan in duplicate, was held to be reasonable and intra vires. If plans in duplicate were required, the district council would, probably, experience no difficulty in securing that the duplicates were permanently left with them. All that is necessary is that the words " in duplicate" should be inserted in the byelaws 91 and 92, after the word "drawn" in the first paragraph of each clause. Power to withdraw approval of plans. It occasionally happens that plans of new streets or buildings are approved by the local authority, and a very long time elapses after such approval is given without any attempt being made to carry out the plans. It would seem that in such cases the work might at any moment be commenced and carried out, notwithstanding that the byelaws which were in force when approval was given might have been" repealed, and different provisions substituted, by later byelaws. Under these circumstances it is not surprising that local authorities should wish, if possible, to limit the period within which their approval of plans shall be operative. There would seem, however, to be no authority under which the matter could be dealt with by means of a byelaw or otherwise. In Slee v. Corporation of Bradford (ubi supra}, the Court of Chancery restrained the defendants by injunction from interfering with the erection of a factory according to the approved plans. Before approving plans the local authority should satisfy themselves that the intending builder has power to carry out what is required by the byelaws. If they neglect to do this, they cannot afterwards proceed for a penalty for a breach of them. Thus, in Thompson v. Failsivorth Local Board (1882), 46 J. P. 21, the appellant deposited a plan of proposed buildings and showing a new street ten yards wide. The board sanctioned the houses, and they were built, and some years afterwards he was summoned for disobeying the byelaw by not leaving space ten yards wide for a street. The appellant's land, in fact, 204 SERIES IV. NEW STREETS AND BUILDINGS. only extended nine feet in front of the houses, but this was not known to the board at the time. The justices convicted the appellant, but the Queen's Bench Division quashed the conviction on the ground that the local board ought to have seen beforehand that what the defendant proposed was practicable. Notice of intention to erect a building. Plans and sections to accompany notice. 92, Every person who shall intend to erect a building shall give to the Council notice in writing of such intention, which shall be delivered or sent to their clerk at his or their office, or to their surveyor at his or their office, and shall at the same time deliver or send, or cause to be delivered or sent to their clerk at his or their office, or to their surveyor at his or their office complete plans and sections of every floor of such intended building, which shall be drawn to a scale of not less than one inch to every eight feet, and shall show the position, form, and dimensions of the several parts of such building, and of every watercloset, earthcloset, privy, ashpit, cesspool, well, and all other appurtenances and in which the building shall be so described as to show whether it is intended to be used as a dwelling-house or otherwise. Such person shall at the same time deliver or send, or cause to be delivered or sent to the clerk to the Council at his or their office, or to their surveyor at his or their office, a description in writing of the materials of which it is intended that such building shall be constructed, and of the intended mode of drainage and means of water supply. Such person shall at the same time deliver or send, or cause to be delivered or sent to the clerk to the Council at his or their office, or to their surveyor at his or their office, a block plan of such building which shall be drawn to a scale of not less than one inch to every for ty -four feet, and shall show the position of the buildings and appurtenances of the properties immediately adjoining, the width and level of the street in front, and of the street, if any, at the rear of such building, the level of the lowest floor of such building, and of any yard or ground belonging thereto. Such person shall likewise show on such plan the intended lines of drainage of such building, and the intended size, depth, and inclination of each drain ; and the details of the arrangement proposed to be adopted for the ventilation of the drains. Scope of clause 92. Clause 92 only applies to persons " intending to erect buildings " ; but as to the circumstances which will bring any intended works GIVING OF NOTICES, DEPOSIT OF PLANS, ETC. 205 within the operation of the clause, the case of James v. Wyrill, (1884) 51 L. T. (N.S.) 237 ; 48 J. P. 228 ra., 725, may be referred to. In that case the appellant, in enlarging a public-house, built partly on an old garden wall, and erected some additional rooms, which he connected with the public-house. He gave no notice to the local authority of the intended building, as he did not think it was a " new building." The magistrate convicted and imposed a penalty, and also a penalty for every day the building should remain. Held, by the Queen's Bench Division, affirming the conviction, that it was a question of fact for the magistrate whether the alterations amounted to a new building, and that he had found as a fact that they did, and, further, that the penalty was payable in addition to the penalty per day, although the information against the appellant was only for not having given notice of intention to build accompanied by plans. In Slee v. Corporation of Bradford (1863), 4 Gift 262 ; 27 J. P. 612 ; 8 L. T. (N.S.) 491 ; 9 Jur. (N.S.) 815, a byelaw requiring that plans of new buildings should also show the position of such buildings with reference to existing buildings, was held by the Court of Chancery to be valid. The notes on clause 91 should be referred to. "Elevations" of buildings. The local authority cannot, by means of a byelaw under s. 157 of the Public Health Act, 1875, require " elevations " of intended new buildings to be submitted. The section referred to only mentions " plans and sections." 93, Every person who shall intend to lay out or construct a Notice before street, or to erect a building, or otherwise to execute any work new^treet^ to which any of the byelaws relating to new streets and new building, buildings may apply, shall before beginning to lay out or e construct such street, or to erect such building, or to execute such work, deliver or send, or cause to be delivered or sent to the surveyor of the Council at his or their office notice in writing, in which shall be specified the date on which such person will begin to lay out or construct such street, or to erect such building, or to execute such work. Such person shall also, before proceeding to cover up any before sewer or drain, or any foundation of a building, deliver or send, sewer^ram, or cause to be delivered or sent to the surveyor of the Council or foundation. at his or their office notice in writing, in which shall be specified the date on which such person will proceed to cover up such sewer, drain, or foundation. If such person neglect or refuse to deliver or send any such Failing notice, or to cause any such notice to be delivered or sent to m'a/be cut such surveyor, and if such surveyor, on inspecting any work in into, laid connection with such street or building, or such other work as p u iieddown. aforesaid, finds that such work is so far advanced that he cannot ascertain whether anything required by any byelaw relating to new streets or buildings has been done contrary to 206 SERIES IV. NEW STREETS AND BUILDINGS. such byelaw, or whether anything required by such byelaw to be done has been omitted to be done, and if, within a reasonable time after such survey or inspection, such person shall, by notice in writing under the hand of such surveyor, be required, within a reasonable time which shall be specified in such notice, to cause so much of such work as prevents such surveyor from ascertaining whether anything has been done or omitted to be done as aforesaid to be cut into, laid open, or pulled down to a sufficient extent to enable such surveyor to ascertain whether anything has been done or omitted to be done as aforesaid, such person shall within the time specified in such notice cause such work to be so cut into, laid open, or pulled down. Effect of clause 93. Clauses 91 and 92 require that notice of intention to lay out a street or erect a building shall be sent to the local authority accom- panied by plans and sections and such information as will enable the authority to give due consideration to the plans. Section 158 of the Public Health Act, 1875, gives them one month in which to express approval or disapproval of the intended work. There is nothing to prevent the work being proceeded with at once without waiting for the decision of the authority, although, if this course is taken, the person executing the work does so at his own risk. But in any case, if the work is to be properly supervised, they will require to know when it is to be commenced, and, in regard to what may be termed underground work, to be in a position to have it inspected before it is covered up. This is secured by the first two paragraphs of the present clause, and the third paragraph gives them most effectual control in the matter by enabling the surveyor, if it be necessary and if due notice has not been given, to order the work to be uncovered or pulled down to a sufficient extent for him to ascertain that nothing has been done, or omitted to be done, contrary to the byelaws. This power, however, is one which should be exercised with some caution. It will be noticed, that although for reasons stated at p. 85, the construction of sewers is not regulated by the model byelaws, the local authority will, under this clause, receive notice which will make it possible to ensure inspection of any sewer that may be put in by a person laying out a new street. In the case of Hall v. Nixon (1875), 10 L. R. Q. B. 152 ; 32 L. T. (N.S.) 87, fourteen days' notice to the surveyor before beginning to build was held reasonable. Notice of 94. In every case : t/ of byelaw Where a person who shall lay out or construct a street, or shall erect a building, or shall execute any other work to which the byelaws relating to new streets and buildings may apply, shall, at any reasonable time during the progress or after the completion of the laying out or construction of such street, or the erection of such building, or the execution of such work, receive from the surveyor of the Council notice in writing specifying any matters in respect of which the laying out or GIVING OF NOTICES, DEPOSIT OF PLANS, ETC. 207 construction of such street, the erection of such building, or the execution of such work may be in contravention of any byelaw relating to new streets or buildings, and requiring such person within a reasonable time, which shall be specified in such notice, to cause anything done contrary to any such byelaw to be amended, or to do anything which by any such byelaw may be required to be done but which has been omitted to be done : Such person shall, within the time specified in such notice, comply with the several requirements thereof so far as such requirements relate to matters in respect of which the laying out or construction of such street, the erection of such building, or the execution of such work may be in contravention of any such byelaw. Such person, within a reasonable time after the completion Notice of of any work which may have been executed in accordance with require- with any such requirement, shall deliver or send, or cause to ments of be delivered or sent to the surveyor of the Council at his or their office notice in writing of the completion of such work, and shall, at all reasonable times within a period of days after such notice shall have been so delivered or sent, afford such surveyor free access to such work for the purpose of Surveyor to have access inspection. to the work. Notices in case of contravention of byelaws. This clause enables the local authority, through their surveyor, to require work done contrary to the byelaws to be put right. Seven days should be a sufficient period to enable the work done according to the surveyor's requirements to be inspected by him ; and it would be unreasonable to keep the work open longer than was necessary. Where the requirements of the local authority are not complied with, the provisions of clause 99 will be applicable. 95, Every person who shall lay out or construct a street, or Surveyor to shall erect a building, or shall execute any other work to which to ^ c 8 e8 ' any of the byelaws relating to new streets and buildings shall during apply, shall, at all reasonable times, during the laying out or construction of such street, or the erection of such building, or the execution of such work, afford the surveyor of the Council free access to such street, building, or work for the purpose of inspection. Works in progress. To ensure compliance with the byelaws all work to which they apply should be properly inspected from time to time as it proceeds, and to a great extent the usefulness of the preceding clause depends on this. See also clauses 96 and 97. 208 SEEIES IV. NEW STREETS AND BUILDINGS. Certificate of 95a. A person shall not let or occupy any new dwelling- officer before house until the drainage thereof shall have been made and occupation, completed, nor until such dwelling-house shall, after examina- tion, have been certified by an officer of the Council, authorised to give such certificate, to be, in his opinion, in every respect fit for human habitation. Certificate of fitness of house for occupation. Copies of this clause, which is not included in the model series as issued in 1877, can be obtained on application to the Local Government Board. In support of the byelaw, see Horsell v. Swindon Local Board (1888), 52 J. P. 597 ; 58 L. T. 732, in which it was held that a similar byelaw made under s. 32 of the Local Government Act, 1858 (21 & 22 Viet. c. 98), was reasonable in itself, and, moreover, was not inconsistent with s. 157 of the Public Health Act, 1875. CAVE, J., said it was "a very fit and proper provision for the local board to make, in order to provide against houses being inhabited which were unfit for habitation." In Southend (Mayor of) v. Ramuz, Times, 6th August, 1895, it was held that a byelaw providing that if any part of a building is occupied before the time limited, the building as a whole, or the remaining parts of it, shall never be occupied in any way, or at any time thereafter, or even during the continuance of the first improper occupation, would be invalid. Notice of 96. Every person who shall lay out or construct a street g^P t letion of shall, within a, reasonable time after the completion of the laying out or construction of such street, deliver or send, or cause to be delivered or sent to the surveyor of the Council, at his or their office, notice in writing of the completion of the laying out or construction of such street, and shall, at all reasonable times, within a period of days after such notice Surveyor to shall have been so delivered or sent, afford such surveyor free to tntf work access t such street for the purpose of inspection. Notice of 97, Every person who shall erect a building shall, within of building, a reasonable time after the completion of the erection of such building, deliver or send, or cause to be delivered or sent to the surveyor of the Council, at his or their office, notice in writing of the completion of the erection of such building, and shall, at all reasonable times, within a period of days after such notice shall have been so delivered or sent, and before Surveyor such building shall be occupied, afford such surveyor free to the work 88 access to every part of such building for the purpose of inspection. Inspection after completion of works. The time during which the surveyor is to have access to a new street or building, after its completion, PENALTIES POWEK TO PULL DOWN WORK. should not be longer than is reasonably necessary to admit of a final inspection being made by him. As a rule, seven days should be sufficient for this purpose. In connection with the above two clauses, see clauses 94 and 99. The power conferred by the byelaw last mentioned will not, of course, be resetted to, except where the alternative method provided for by clause 94 fails. The notes on clause 99 should be carefully considered before any action is taken under it. Where the surveyor proceeds under clause 94, access for purposes of inspection after defects have been remedied will be obtained under the last paragraph of that clause, even though the time prescribed by clause 96 or clause 97 may have expired. Byelaws as to the alteration of buildings. Where the local authority have power to make byelaws as to the alteration of buildings under s. 23 (4) of the Public Health Acts Amendment Act, 1890, such byelaws may be inserted, under appropriate headings, between clauses 97 and 98 of this series. Clauses 98 and 99 should then have separate headings (" Penalties " and "As to the power of the council to remove, alter, or pull down any work begun or done in contravention of the byelaws"), and so much of the heading on p. 200 as will thus become unnecessary should be omitted. Clause 99 also will itself require slight modification (see note on that clause). For forms of byelaws, see Model Byelaws, vol. ii. 98. Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of , and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the Council : Provided, nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalties. The district council may be recommended, in the case of this important series, to provide for the imposition, where necessary, of the maximum penalties authorised by s. 183 of the Public Health Act, 1875, viz., five pounds, and forty shillings. The second paragraph of the clause provides for cases where the circumstances do not call for the maximum penalties, and must be retained even if sums less than five pounds and forty shillings are inserted (see the terms of the section mentioned). 99. If any work to which any of the byelaws relating to new Removal, streets and buildings may apply be begun or done in contraven- * r pijjg tion of any such byelaw, the person by whom such work shall down of be so begun or done, by a notice in writing, which shall be ^avention signed by the clerk to the Council, and shall be duly served of byelaws upon or delivered to such person, shall be required on or before 2LO SERIES IV. NEW STREETS AND. BUILDINGS. such day as shall be specified in such notice by a statement in writing under his hand or under the hand of an agent duly authorised in that behalf, and addressed to and duly served upon the Council, to show sufficient cause why such work shall not be removed, altered, or pulled down ; or shall be required on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly autho- rised in that behalf before the Council and show sufficient cause why such work shall not be removed, altered, or pulled down. If such person shall fail to show sufficient cause why such work shall not be removed, altered, or pulled down, the Council shall be empowered, subject to any statutory provision in that behalf, to remove, alter, or pull down such work. Removal of works made contrary to byelaws. Where byelaws as to the alteration of buildings are inserted (see note on p. 209), this clause should be altered so as to apply only to clauses 3 97 of the model series. The power to remove, alter, or pull down any work begun or done in contravention of byelaws under s. 157 of the Public Health Act, 1875, is by that section made subject to the provisions of the Act Csee s. 158). Paragraph 2 of this clause is framed accordingly. In Southend (Mayor of) v. Bamuz, Times, August 6th, 1895, which was an action brought to obtain an injunction to restrain the defendant from permitting premises erected by him to be occupied until they had been completed according to the byelaws, the defendant had complied with the byelaws by providing a sufficient air space in the rear of each building. He, however, let the rooms in the buildings separately to be used as lock-up shops, and these shops were cut off from access to the air space. HOMER, J., dismissed the action on the ground that the buildings had, in fact, been completed according to the approved plans, and if there was any subse- quent infringement of the byelaws by the defendant the plaintiffs had their remedy under the byelaws. The power to remove, alter, or pull down work is obviously one to be applied with caution, and it is only reasonable that before it is exercised the person affected should have an opportunity of being heard. The decisions of the courts, indeed, constitute this a condition precedent to the exercise of the power. Thus, in Hopkins v. Smethwick Local Board (1890), 24 Q. B. D. 712 ; 59 L. J. Q. B. 250 ; 62 L. T. (N.S.) 783 ; 54 J. P. 693 ; 38 W. R. 499 ; 6 T. L. R. 286, Lord ESHER, M.R., said, in the Court of Appeal, " the power which the local board exercised to enter on the property of the plaintiffs and pull down the buildings they had erected is a highly penal one. Those who exercised such a power are bound to act strictly within it ... it would be contrary to fundamental justice to allow that course to be taken without giving the owner notice and an oppor- tunity to show cause." See also Cooper v. Wandsworth District Board of Works (1864), 14 C. B. (N.S.) 180 ; 32 L. J. C. P. 185 ; 9 Jur. (N.S.) 1155 ; 8 L. T. (N.S.) 278 ; 11 W. R. 646, and Masters v. Pontypool Local Board (ante, p. 203). The decisions in both these cases were approved in Hopkins v. Smethwick Local Board, ubi supra ; cf. Attorney-General v. Hooper, [1893] 3 Ch. 483 ; 63 L. J. Ch. 18 ; 69 L T. (N.S.) 340 ; 57 J. P 564 ; 8 R. 535, REPEAL OF BYELAWS. 211 Where a local authority are entitled to pull down a building erected in contravention of their byelaws, they may do so in any way most convenient to themselves, provided they do not do so in a manner that is dangerous (Jaycjer v. Doncaster Rural Sanitary Authority (1890), 54 J. P. 438). In this case there had been an excess in pulling down, but as the damage was inappreciable, the defendants were held not liable. If the local authority have failed to signify their disapproval of the plans within one month from deposit they cannot afterwards pull down the building erected in accordance with them (Clark v. Bloom-field, ante, p. 203). Eepeal of Byelaws. 100, From and after the date of the confirmation of these Repeal, byelaws, the byelaws relating to new streets and buildings which were made on the day of in the year one thousand eight hundred and by the and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] shall be repealed, except as regards as any work commenced before the date of the confirmation of this byelaw, or any work not so Commenced, but of which plans shall either have been approved by the Council before such date, or have been sent to the Surveyor or Clerk to the Council one month at least before such date, and shall not have been disapproved by the Council. Repeal of byelaws. If there are in force in the district any byelaws as to new streets or buildings which the district council are desirous of repealing, the above clause should be completed and added to the series. The latter part of the clause will keep alive the repealed byelaws as regards work com- menced or plans approved before the date of the confirmation of the byelaw. In an urban district the local authority had, in 1877, made byelaws for the regulation of new streets and new buildings, and M.. an intending builder, had submitted plans under them which were approved. Some of the plans were carried into execution by M. In 1893 the existing byelaws were rescinded, and new ones duly issued in their place. In 1896 M. intimated to the local authority that he intended to begin building some more houses in accordance with the plans approved under the old byelaws. The local authority sought an injunction in the County Palatine Court of Lancaster to restrain him from so doing. HALL, V.C., dismissed the action on the ground that the plaintiffs were attempting to make a byelaw retrospective, which was not intended to be (Withinyton Urban District Council v. Moore (1896), 60 J. P. 408). By the adoption of clause 100 of the model series, however, any doubt as to the byelaws which will govern in a case where a building may be commenced or plans may be approved before the confirmation of new byelaws, will be obviated. The clause does not expressly declare the new byelaws to be wholly inapplicable in such a case ; and probably the effect is merely to prevent their 212 SERIES IV. NEW STREETS AND BUILDINGS. applying in any respect in which they may be inconsistent with the old byelaws. The provision that the old byelaws shall apply also where plans have been sent in one month at least before the byelaws are confirmed, and have not been disapproved by the council, accords in principle with the enactment as to the approval of plans in ?. 158 of the Public Health Act, 1875. If this clause is not included in the series submitted to the Local Government Board for approval, it should be stated whether or not there are any byelaws in force upon the subject. SERIES V. MARKETS. ( 215 ) MARKETS. MEMORANDUM. BY section 167 of the Public Health Act, 1875 (38 & 39 Viet. c. 55), it is enacted that an Urban Authority may, with respect to any market belonging to them, make byelaws for any of the purposes mentioned in section 42 of the Markets and Fairs Clauses Act, 1847, so far as those purposes relate to markets. Printed copies of any byelaws so made shall be conspicuously exhibited in the market. Section 42 of the Markets and Fairs Clauses Act, 1847 (10 Viet. c. 14), is in the following terms : "The undertakers [Urban Sanitary Authority] may from time to time make such byelaws as they think fit for all or any of the following purposes ; (that is to say), " [1.] For regulating the use of the market place, . . . and the buildings, stalls, pens, and standings therein, and for preventing nuisances or obstructions therein, or in the immediate approaches thereto : " [2.] For fixing the days and the hours during each day on which the market . . . shall be held : " [3.J For inspection of the slaughter-houses, and for keeping the same in a cleanly and proper state, and for removing filth and refuse at least once in every twenty-four hours, and for requiring that they be provided with a sufficient supply of water, and preventing the exercise of cruelty therein : " [4.] For regulating the carriers resorting to the market, and fixing the rates for carrying articles carried therefrom within the limits of the special Act:* * That is, within the limits of the district. See 8. 316 of the Public Health Act, 1875. 216 SERIES V. MARKETS. " [5.] For regulating the use of the weighing machines provided by the undertakers [Urban Sanitary Authority] , and for preventing the use of false or defective weights, scales, or measures : " [6.] For preventing the sale or exposure for sale of unwholesome provisions in the market." Of the above-mentioned purposes the Board think that to those enumerated in the first, second, and fourth paragraphs of section 42 of the 10 Viet. c. 14, byelaws may be generally Byelaws as to rendered applicable. They anticipate that some difficulty will houses ter k e experienced in any attempt to make byelaws with regard to weighing the purposes specified in the third, fifth, and sixth paragraphs, and iinwhole- ^he slaughter-houses as to which byelaws are authorised some by the third paragraph are apparently the slaughter-houses to which sections 17 20 of the 10 Viet. c. 14 relate. Those sections, however, have not been incorporated with the Public Health Act, 1875, and where, under section 169 of that Act, the Sanitary Authority exercise their power of providing slaughter- houses, any byelaws which may be required should be made under the last-mentioned enactment. On reference to the clauses (21 to 30) of the 10 Viet. c. 14, with respect to weighing goods and carts, it will be seen that the statute itself provides very fully for the regulation of the use of the weighing machines. The Board are disposed to think that the practical advantage which may be anticipated from the endeavour to supplement these provisions by byelaws under the fifth paragraph of section 42 will hardly compensate for the possible complications which may arise out of any conflict between the regulations prescribed by the byelaws, and those imposed by the express terms of the statute. Again, for the prevention of the use of false or defective weights, scales, or measures, there appears to be ample provision both in the 10 Viet. c. 14, and in other statutes. By section 21 of the 10 Viet. c. 14, the Sanitary Authority are required to keep in the weighing houses or places proper weights, scales, and measures, according to the standard weights and measures for the time being, for weighing the commodities sold in the market place. The Sanitary Authority are also required by section 24 to keep machines and weights for the purpose of weighing carts in which goods are brought for sale. The use of all these machines, weights, scales, and measures, MEMORANDUM. 217 will be under the control of persons appointed by the Sanitary Authority. Buyers may insist upon articles offered for sale being weighed or measured by the weights and scales, or measures, of the Sanitary Authority, and generally it appears that the 10 Viet. c. 14 provides adequate security against the fraudulent practices which byelaws under the fifth paragraph of section 42 might be intended to check. The sixth paragraph authorises byelaws for preventing the sale or exposure for sale of unwholesome provisions in the market. Having regard, however, to section 15 of the 10 Viet. c. 14, incorporated with the 38 & 39 Viet. c. 55, by section 167, and to the stringent provisions of sections 116 119 of the latter statute, the Board think that byelaws upon this subject will be unnecessary. It should be observed that section 167 of the 38 & 39 Viet. Tolls leviable c. 55, provides that all tolls leviable by an Urban Authority Authority shall be approved by the Local Government Board. Their approval, however, is not required in the case of stallages and rents. JOHN LAMBERT, Local Government Board, Secretary. 25th July, 1877. Local authorities competent to adopt the byelaws. It will be seen from the terms of s. 167 of the Public Health Act, 1875, that byelaws with respect to a market can only be made under that enactment by a local authority having a market " belonging to them." Where the market does not belong to the local authority there is no power under this section for the regulation of the market by means of byelaws, even though the owner of the market rights assents to this being done. The power to make byelaws is, in terms, further limited to urban district councils, although, assuming a rural district council to have been invested with the necessary urban powers, and to have provided a market, they too could make byelaws. It is, however, unlikely that a rural district council would require to make byelaws under s. 167. It is stated in the final report of the Commissioners on Market Rights and Tolls, at p. 9, that the Local Government Board had never exercised the power of investing a rural authority with power to provide markets, partly because they have very rarely been asked to do so, partly because the view of the Board has been that the object of s. 276 is that a rural authority might be invested with extended sanitary powers rather than powers of town govern- ment, and that if powers of town government were required it would be better that an urban authority itself should be constituted. There would be difficulties, too, in actually conferring market powers upon rural authorities even if the Board were willing to do so. For instance, the power would probably be required for a portion only of the rural district where there was a small town, and the salaries of officers, which would be one of the expenses which the rural authority would incur, could not be charged merely upon that portion of the district, but would, under s. 229, be a charge upon the whole district. 218 SERIES V. MARKETS. It may be as well to mention here that local authorities have no power under the Public Health Act, 1875, to establish or acquire fairs as distinguished from markets. A market, in its strictly legal aspect, may be defined as an authorised public concourse of buyers and sellers of commodities meeting at a place, more or less strictly limited or defined, at an appointed time. A fair has been described as a larger market. Thus, in Comyn's Digest, it is said, " Every fair is a market, but not e contra ; therefore, when any statute speaks of a fair, a market should also be comprehended." But not vice versd. The specific difference between a fair and a market appears to be that a fair is held less frequently ; it generally extends over a longer continuous period, and is of a more miscellaneous character than a market. (And see, also, as to what is a fair, Cooper v. Collins (1893), 57 J. P. 248 ; 68 L. T. 450 ; 5 R. 256 ; 17 Cox C. C. 647 ; 9 T. L. R. 250.) The Public Health Act, 1875, s. 167, expressly provides that the Markets and Fairs Clauses Act, 1847, shall be incorporated in so far as the same relates to markets, and therefore the powers ot the local authorities do not extend to fairs. This has led to difficulties, for in many cases the owners of rights in markets and fairs have been willing to part with the whole of them to the local authority, but have not been willing to part merely with the market rights. They have in some cases sold or granted leases of rights in markets and fairs to the local authorities, and questions have arisen as to the validity of those grants. The opinion of the law officers was taken in one case Avith regard to that question, and they advised that the local authority had, in the first place, no power to take a lease or conveyance of rights in fairs ; and, secondly, that unless the market rights and the rights as to fairs could be severed in the conveyance or lease, the deed would be void altogether. (Final Report of Commissioners on Market Rights and Tolls, pp. 2, 74, and Evidence, vol. ii., Q. 29, 30.) A question has arisen as to the power of local authorities to make byelaws and levy tolls, etc., where the market is held in streets, and a market place has not been provided. The difficulty suggested was this, that the Act enables them to provide a market place, and then goes on to say that they may take stallages, rents, and tolls in respect to the use by any person of such market, and that therefore, unless they provided a market place, they could not take tolls in respect of it, and that the provision of a market place was something different from merely allowing a market to take place in a street. The opinion of the law officers was taken upon the question, and they advised that the local authority might deal with such markets under the Public Health Act, 1875, notwithstanding the express provision of s. 31 of the Markets and Fairs Clauses Act, 1847, that the market authority are not to demand or receive any stallage, rent, or toll until the market place, in respect of the use of which the same is demanded, is completed and fit for the use of the persons resorting to it. The law officers said that the question was one of some difficulty, but that they thought that if the market was in a fixed place, or if it was acquired for purposes connected with the erection of a market place by the local authority, they were empowered to take such a market under that Act, and to deal with it by means of byelaws and by the imposition of tolls. (Final Report of the Commissioners on Market Rights and Tolls, p. 10, and Evidence, vol. ii., Q. 43.) Municipal corporations frequently hold markets by charter or by prescrip- tion, and the law officers have advised that in such cases they can make byelaws and substitute fresh tolls under s. 167 of the Public Health Act, 1875, in respect to markets so held. The section enables an urban authority to make byelaws " with respect to any market belonging to them," and the whole MEMORANDUM. 219 section relates to powers enabling an urban authority to establish or regulate markets ; and the law officers considered that, having regard to that, it could be done, provided that the tolls were not increased beyond what was otherwise lawful. (Evidence before the Royal Commission on Market Rights and Tolls, vol. vii., Q. 45, 46.) Scope of model byelaws. As indicated in the memorandum above, the model series of byelaws for the regulation of markets contains no clauses as to slaughterhouses, or weighing machines in connection with a market, or the sale of unwholesome provisions therein. The reasons why no byelaws on these subjects are suggested are sufficiently explained in the memorandum. The regulation of weights and measures is the subject of specific legislation in the Weights and Measures Acts, 1878 to 1892 (41 & 42 Viet. c. 49 ; 52 & 53 Viet. c. 21 ; 55 & 56 Viet. c. 18). Without referring more in detail to these enactments, it may be observed that provisions specially applicable to markets are contained in 22 & 23 Viet. c. 55, ss. 6, 7, as re-enacted in Sched. VI. (Part. II.) of the Weights and Measures Act, 1878 (41 & 42 Viet, c. 49), and that by s. 48 of the same Act an inspector under the Acts is empowered, subject to the provisions of the enactment, to enter any place, whether a building or in the open air, whether open or enclosed, and to seize and retain any false or unjust weights, measures, etc., which he may find there. The weighing of cattle is provided for by the Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891 (50 & 51 Viet. c. 27, and 54 & 55 Viet. c. 70). Under s. 4 of the Act of 1887, the market authority are bound to provide, in or near every market or fair, a weighing machine for weighing cattle ; and it has been held that the machine must be a permanent structure, and may be kept in a public highway even though it tend to obstruct the public right of passage (Mclntosh v. Romford Local Board (1889), 61 L. T. 185). Confirmation of the byelaws. As to the confirmation of byelaws made under s. 42 of the Markets and Fairs Clauses Act, 1847 (10 & 11 Viet. c. 14), as incorporated with the Public Health Act, 1875, see the Public Health (Confirmation of Byelaws) Act, 1884 (47 Viet. c. 12). Stallages, rents and tolls. Power to take the stallages, rents and tolls for the use of a market provided by them is conferred upon an urban district council by s. 166 of the Public Health Act, 1875. For the reason mentioned in the last paragraph of the memorandum of the Local Government Board, care should be taken to exclude from any proposed list of tolls submitted to that Board for the approval required by s. 167 of the same Act, any charges in the nature of stallages or rents, or picage tolls. Tolls proper are leviable on the goods brought into a market for sale ; but stallages and rents are sums payable to the owner of the market in respect of the exclusive occupation, for a longer or shorter period, of a portion of the area of the market place. Picage is a payment for permission to make holes for posts within the market area. The distinction between a toll for the use of a market only and a toll for the use of any particular part of the soil of the market is firmly established. See Northampton (Mayor of) v. Ward (1745), 1 Wils. 107 ; 2 Stra. 1238 ; Nonoich (Mayor, etc. of) v. Sivann (1777), 2 W. Bl. 1116 ; Bex v. Sell (1816), 5 M. & S. 221 ; 17 R. R. 315 ; Roberts v. Aylesbury Churchwardens (1853), 1 E. & B. 423 ; 22 L. J. M. C. 34 ; 17 Jur. 236 ; Yarmouth (Mayor, etc. of) v. Groom (1862), 1 H. & C. 102 ; 32 L. J. Ex. 74 ; 8 Jur. (N.S.) 677 ; 7 L. T. 161 ; R. v. Caswell (1872), L. R. 7 Q. B. 328 ; 41 L. J. M. C. 108 ; 26 L. T. 574 ; 20 W. R. 624 ; 36 J. P. 645 ; Percy v. Ashford Overseers (1876), 34 L. T. 579 ; 40 J. P. 502 ; 220 SERIES V. MARKETS. Bedford (Duke of) v. St. Paul, Govent Garden (1882), 57 L. J. M. C. 41 ; 45 L. T. 616 ; 30 W. R. 411 ; 46 J. P. 581 ; London (Mayor, etc. of) v. Greenwich (1883), 48 L. T. 437 ; 47 J. P. 148. Where a market is established under a special Act incorporating the Markets and Fairs Clauses Act, 1847, it generally prescribes the tolls to be charged. Where by a local Act the local board and their lessees were empowered to take from any person occupying any shop, stall, stand, bench, or ground space in market place under the management of such board, and used as a general market, such toll as the board might appoint, not exceeding the tolls specified in the schedule to the Act, and that schedule contained a list of tolls to be taken "from the occupier of every stall raised above the ground," for the sale of articles, " according to the size or dimension of such stall, namely, for each lineal foot of frontage thereof," etc. : it was held that the Act imposed the toll on the stall or space occupied only, and not on the articles sold ; so that a person might legally sell marketable commodities from door to door within the prescribed limits (Gaswell v. Cook (1862), 11 C. B. (N.s.)637 ; 31 L. J. M. C. 185 : 27 J. P. 183. See also Quilliganv. Limerick Market Trustees (1883), 14 L. E. Ir. 265). A horse is an article within s. 13 of the Act of 1847 (Llandaff and Canton Market Co. v. Lyndon (1860), 8 C. B. (N.S.) 515 ; 30 L. J. M. C. 105 ; 6 Jur. (N.S.) 1344 ; 2 L. T. 771 ; 8 W. R. 693). Where a special Act provided that no person should sell or expose for sale in a certain district, except in the market place, any provisions or other goods mentioned in the schedule, and the schedule, among other things, provided " for every stallion exposed to view, one shilling ": it was held that the Act did not so incorporate the words of the schedule as to make it an offence to expose to view within the district, for it applied only to exposing for sale (Luke v. Charles (1861), 25 J. P. 148). Under the Exniouth Local Act a penalty was imposed on all persons who sold within the limits of the market any marketable articles not in their own house or shop, or in the market not being licensed. P. sold articles without such license, and the collector of tolls on detecting him said he would summon P. The same evening P. called and paid toll to the collector before the summons was issued. The justices dismissed the summons because the toll was paid before the summons was issued. The court held that the payment of the toll did not condone the offence, and that, therefore, the justices were wrong in dismissing the summons (Carter v. Parkhouse (1870), 34 J. P. 438 ; 22 L. T. (N.S.) 788). The prescribing a list of tolls is a matter entirely distinct from the making of byelaws under s. 167 of the Public Health Act, 1875, and such list, there- fore, should not be embodied in any proposed byelaws, but a separate draft should be prepared. The list should be framed in precise terms, so as to describe clearly the animal, commodity, or article upon which each toll is to be levied. Thus, the term "beast" should not be used if it is intended to refer to horned cattle only, although local usage may sanction such a limited application of the term ; and each toll should be expressed to be leviable on such-and-such an animal, commodity, or article " brought into the market for sale or exposure for sale." When goods are sold in bulk, a toll should not be prescribed in respect of " a basket," "a bundle,'' or other like package, but in respect of "every basket [bundle or package] of ," (naming the goods or articles usually sold by the basket, etc.) Although, apparently, any toll leviable by an urban district council in a market belonging to them may be altered by a table of tolls approved by the Local Government Board under s. 167 of the Public Health Act, 1875 , it would seem that no MEMORANDUM. 221 approval on the part of that Board is necessary where the council, on providing a market by acquiring an existing undertaking, merely propose to continue the existing lawful tolls. It is unnecessary to expressly repeal an existing toll, when the toll is to be altered. The new toll, when approved by the Local Government Board, will supersede it. It may be expected that, before approving a list of tolls, the Local Government Board will require to be furnished with a certificate under the hand of two justices that the market place is completed and fit for public use (see ss. 31 and 32 of the Markets and Fairs Clauses Act, 1847). Selling in a market. By s. 13 of the Markets and Fairs Clauses Act, 1847, " after the market place is opened for public use every person other than a licensed hawker who shall sell or expose for sale in any place within the prescribed limits, [i.e., the district,] except in his own dwelling place or shop, any articles in respect of which tolls are by the special Act authorised to be taken in the market, shall for every such offence be liable to a penalty not exceeding forty shillings." It would appear from Williamson v. Norris, [1899] 1 Q. B. 7, decided under the Licensing Acts, that a servant cannot be convicted of selling. In Morgan v. Kingdon (1875), 39 J. P. 471, a servant was convicted, but the point was not taken, and the conviction was quashed on other grounds. See also Hotchin v. Hindmarch, [1891] 2 Q. B. 181 ; 55 J. P. 775 ; 65 L. T. 149. If the sale be without, although the delivery be within, the limits under the Act, it is no offence (Bourne v. Lovmdes (1858), 31 L. T. (o.s.) 114 ; 22 J. P. 354). It has been held in Ireland that where there is a sale by sample within the limits, and the bulk is also within the limits, it is an offence within the section (Londonderry (Mayor, etc. of) v. McElhinney (1874), 9 Ir. R. C. L. 61) ; but where the bulk is outside the limits it is no offence (Newtonwards Commissioners v. Woods (1877), 11 Ir. R. C. L. 506). Where a farmer living without the limits used to send all his butter to a shop within the limits in a course of dealing, being allowed the market price for the same, it was held that this was not a selling by the farmer within the limits under s. 13 (Stretch v. White (1861), 25 J. P. 485). The sale in this case was complete at the farm, as the property in the butter passed to the purchaser as soon as it was manufactured and set aside for delivery. Where a carrier delivered certain carcases at a shop within the limits, and the carcases were there weighed and paid for, but it was proved that thej r were delivered in pursuance of a previous contract entered into between the same parties, at the same place, a week previously, it was held that the sale was within the section (Exeter (Mayor of) v. Heaman (1877), 37 L. T. (N.S.) 534 ; 42 J. P. 503). This case was followed in Torquay Market Company v. Burridge (1884), 48 J. P. 71, although with hesitation. In that case a greengrocer within the limits used to order vegetables from a farmer outside, and paid monthly, and the farmer was charged with selling marketable goods without paying toll, and the court held, on the authority of the Exeter Case, that he was liable. MATHEW, J. : " I confess I cannot see any distinction between this case and the case of Exeter v. Heaman." DAY, J. : " I agree, and regret that we are obliged to come to such a decision." Further illustrations as to the place where the sale takes place will be found in Pletts v. Campbell, [1895] 2 Q. B. 229 ; 64 L. J. M. C. 225 ; 43 W. R. 634 ; 59 J. P. 502 ; 15 R. 303 ; 11 T. L. R. 454; Pletts v. Beattie, [1896] 1 Q. B. 519; 60 J. P. 185; 65 L. J. M. C. 86 ; 74 L. T. 148 ; Parker v. Alder (1898), 62 J. P. 772. The Taunton Market Act prohibited the selling within certain limits of the market, corn, grain, fish, meat, poultry, or other provisions^ or any bulls, 222 SERIES V. MARKETS. sheep, swine, or other live cattle which are usually sold in public markets ; and it was held that a shopkeeper selling potatoes came within the statute, these being provisions, and also " usually sold within markets " (Shepherd v. Folland (1884), 49 J. P. 165). The Neath Improvement Act prohibited persons selling elsewhere than in the market any meat, fish, poultry, vegetal lies, garden seeds, fruit, butter, cheese, or other marketable commodities, goods, wares, or merchandise. M., a servant of the manufacturer, sold gingerade in bottles from a waggon elsewhere than in the market, and was convicted. It was held that gingerade was not a marketable commodity within the Act, nor ejusdem generis with the things specified ; the conviction was therefore bad (Morgan v. Kingdon (1875), 39 J. P. 471). The appellant, a cattle salesman, occupied premises, which he used for the sale of cattle, under leases granted by the corporation of a borough, containing covenants for quiet enjoyment. Afterwards the corporation, as the urban authority, established a cattle market in the borough, and published a list of tolls. The appellant was convicted for selling cattle, for which no toll had been paid, in his sale yard within the borough, but not within the limits of the market. It was held on appeal that the corporation had not derogated from their grant by establishing a market ; that the appellant had not, by virtue of the leases, acquired any right to sell cattle within the meaning of s. 166 of the Public Health Act, 1875, which the urban authority could not interfere with by establishing a market, and was therefore liable to a penalty under s. 13 of the Act of 1847 (Spurting v. Bantoft, [1891J 2 Q. B. 384 ; 60 L. J. Q. B. 745 ; 60 L. T. (N.S.) 584; 40 W. B. 157 ; 56 J. P. 132 ; 17 Cox C. C. 372). But where the right is in the nature of a franchise, s. 166 of the Public Health Act, 1875, applies, and protects a sale (cf. Fearon v. Mitchell (1872), L. E. 9 Q. B. 690 ; 41 L. J. M. C. 170 ; 27 L. T. (N.8.) 33 ; 36 J. P. 804). A baker living outside the limits of a borough, who, in a mutual course of dealing, delivers bread to his customers within the borough from a cart three days a week, is not guilty of the offence of " exposing for sale " an article in respect of which tolls are authorised to be taken within the prescribed limits (White v. Yeovil (Mayor, etc.) (1892), 61 L. J. M. C. 213). In this case the baker does not appear to have been charged with " selling." A "licensed hawker" is exempt from the provision in s. 13 of the Markets and Fairs Clauses Act, 1847. As to hawkers' licenses full particulars are contained in the Hawkers Act, 1888 (51 & 52 Viet. c. 33), and also in the Pedlars Acts (33 & 34 Viet. c. 96, s. 6, and 44 & 45 Viet. c. 45). It was held in Howard v. Lupton (1875), L. B, 10 Q. B. 598 ; 44 L. J. M. C. 150 ; 40 J. P. 7, that a licensed pedlar who sold potatoes and fruits outside the market, but within the limits, was protected though he had a horse and cart, and was thus acting rather as a hawker than as a pedlar. But this decision was not followed in the Woolwich Local Board v. Gardiner, [1895] 2 Q. B. 497 ; 64 L. J. M. C. 248 ; 73 L. T. 218 ; 59 J. P. 597. There it was held that a person holding a pedlar's certificate was only entitled to exemption provided by s. 13 of the Markets and Fairs Clauses Act as extended by s. 6 of the Pedlars Act, 1871, whilst he was acting as a pedlar within the definition of "pedlar" in s. 3 of the last-mentioned Act, and therefore that the holder of such a certificate who used a horse and cart and sold tollable articles in a market was liable to a penalty. The term "licensed hawker" with reference to a pedlar must be construed to include a person holding a pedlar's certificate only whilst he is acting as a " pedlar " within the definition of that term in s. 3. WRIGHT, J., in the Woolwich Case, suggests that the decision in MEMOKANDUM. 223 Howard v. Lupton would probably have been otherwise if the provision in s. 2 of the Pedlars Act, 1881, authorising the person to whom a certificate is granted to act as a pedlar within any part of the United Kingdom, had been in existence at that time ; "because, as I read the judgments, the minds of BLACKBURX, J., and MELLOR, J., were influenced by the consideration that, by the Act of 1871, a pedlar's certificate only applied to the area of the police district in respect of which it was taken out." The provision in the Hawkers Act, 1888 (s. 3), that " it shall not be necessary for a licence to be taken out ... by any person selling fish, fruit, victuals or coal," relates only to the excise licence under that Act ; so that where the Bolton Local Act imposed a penalty on persons selling fish, etc., in the streets within market limits, without a licence from the corporation, and a person sold fish within the limits without such a licence, it was held that he was not exempt from the penalty by virtue of the Hawkers Act, which applied only to the excise licence, but not to the local licence (Openshaw v. Oakley (1889), 53 J. P. 740 ; 60 L. T. 929 ; 16 Cox C. 0. 671 ; 5 T. L. R. 520). Under a similar clause, in the Blackpool Local Act, it was held that a pedlar, who had a pedlar's licence, did not require to have a licence from the corporation to sell hat-guards in the street, as these were not tollable articles mentioned in the schedule to that Act (Loftos v. Gleave (1891), 55 J. P. 149). Where K. sold fish from a cart in Blackpool, which was governed by the Blackpool Local Act, 1879, one section of which required a corporation licence to sell any goods for which a toll was leviable ; and a prior local Act of 1853 contained an exemption from toll for fish sold in places other than the market, and there was no repeal expressed of the prior Act, and parts of it were ivritcd in the later Act, it was held that the justices were right in holding that the exemption in the former Act still continued and that no corporation licence was necessary for selling fish (Loftos v. Higyins (1891), 55 J. P. 151). A market for a town was established under a local Act. A section, for preventing any encroachment on it, enacted that any person who should sell or offer or expose to sale (among other things) any roots, fruit, or garden stuff in any other place within the town should be liable to a penalty, with a proviso excepting the sale by inhabitants in their houses, shop or premises. A person bought vegetables from a wholesale dealer in the market, who had previously on the same day paid the toll for them ; he then offered them for sale in the streets. It was held that he had committed an offence within the section (Black v. Sackett (1869), 10 B. & S. 639). Disturbance of a market. When a new market is held in the same town as the old, it' held upon the same day it is a disturbance by intendement of law ; but if it is held on a different day it is only evidence of disturbance for a jury (Yard v. Ford (1671), 2 Saund. 172 ; Mayor, etc. of Dorchester v. Ensor (1869), L. R. 4 Ex. 335 ; 39 L. J. Ex. 11 ; 21 L. T. 145 ; 34 J. P. 167). To support an action for disturbance of a market, it is not necessary that the defendant should have actually sold ; any active interference by him in the conduct of the new market or participation in its profits or risk, is sufficient (Mayor, etc. >,f fion-hester v. Ensor, supra). A market held on a Monday is in these days primd facie an injury to a market held on the Thursday (Elwes v. Payne (1879), 12 Ch. D. 468 ; 48 L. J. Ch. 831 ; 41 L. T. (N.S.) 118 ; 27 W. R, 704). An action will lie for erecting a market near the plaintiff's ancient market, though the defendant only took money in the nature of rent for his stalls, which is a lawful act, but took no toll (Mosley v. Chadioick (1782), 7 B. & C. 47 n. ; 31 R. 11. 150 n ; 3 Doug. 117). Where a railway company set up a dep6t or 2- ! SERIES V. MARKETS. row of stalls at their terminus within three hundred yards of an ancient market, and let them to dealers for the purpose of selling fruit and vegetables brought up by their railway, it was held that the depot was in fact a rival market and a disturbance of the ancient market (Great Eastern Rail. Co. v. Goldsmid(\884), 9 App. Gas. 927 ; 54 L. J. Ch 162 ; 52 L. T. (N.S.) 270 ; 33 W. B, 81 ; 49 J. P. 260). Unless the franchise, or grant of the market or statute creating it, is shown to confer a special right on the owners of the market, shop- keepers are not prevented from selling their goods in their shops on a market day (Mayor, etc. of Manchester v. Lyons (1882), 22 Ch. D. 287 ; 47 L. T. 677 ; LITTLEDALE, J., in Mayor, etc. of Macclesfield v. Pedley (1833), 4 B. & Ad. 397 ; Mayor, etc. of Macclesfield v. Chapman (1843), 12 M. & W. 18). If there is insufficient accommodation within the market limits for all who are ready to buy and sell therein, a person may properly sell out of the market (Islington MarJcet Case (1835), 2 01. & F. 513 ; 12 M. & W. 20 n.), though on the particular day room might possibly have been found, yet the general state of the market known to him was such that he was on this particular day reasonably under the belief that he could not find his way into it (Prince v. Lewis (1826), 5 B. & C. 363 ; 3 D. & E. 121 ; 2 C. & P. 66; 4 L. J. (o.s.) K. B. ; 29 E. B. 265 ; Moseley v. Walker (1827), 7 B. & C. 40 ; 9 D. & E. 863 ; 5 L. J. (o.s.) K. B. 358 ; 31 E. & B, 146). It is essential to the complaint of an old market against a new one set up near it, that the old one was competent to the accommodation of the public (O'Reilly, Ex parte (1790), 1 Ves. J. 114 ; 1 E. E. 89). When the cattle market of London was removed from Smithfield to Islington, all rights reserved, and no new market to be opened within seven miles of St. Paul's, and A. had a lease of premises before this removal, and being near Islington market turned them into market lairs to accommodate cattle, and sold cattle at the premises between market days, charging the same commission as if sold in the Islington market, it was held that the owners of the market had a good cause of action against A. for a disturbance of their market (Mayor, etc. oj London v. Low (1879), 49 L. J. Q. B. 144 ; 42 L. T. (N.S.) 16 ; 28 W. E. 250 ; 44 J. P. 169). A sale by sample on a market day, near to but not within the limits of the market, is not a disturbance of the market unless .done designedly and with the intention to evade payment of toll (Brecon Corporation \. Edicards (1862), 31 L. J. Ex. 368 ; 1 H. & C. 51 ; 8 Jur. (x.s.) 461 ; 6 L. T. 293). Where a person brought sheep to a public-house forty yards out of the limits of a market, left them there, went into the market in search of customers, whom he brought back to the public-house and there sold the sheep to them, it was held that this was a fraud upon the market, for which the seller was liable to an action by the lessee of the market (Bridgland v. Shaffer (1 839), 5 M. & W. 375 ; 8 L. J. Ex. 246). Under a grant of a market to be holden within certain limit?, the grantees may hold the market in any convenient place within the limits, and may from time to time remove such market, or any part thereof, to any other convenient place within the limits (Wortley v. Nottingham Local Board (1870),21 L. T. 582). When the grant of a marketis not confined to any particular locality, the grantee may from time to time change the site in order to suit his own convenience ; but it is an implied condition of the exclusive privilege that he shall provide a market place, and that implied condition is satisfied so long ashe gives reasonable accommodation to those members of the public who use the market either as buyers or sellers, and the extent of the accommodation which must be afforded in each case must vary with the circumstances. (Lord WATSON in Edinburgh Magistrates v. Blackie (1886), 11 App. Cas. 665 ; see also Midleton (Lord) v. MEMORANDUM. 225 Power (1886), 19 L. R. Ir. 1 ; Ellis v. Bridgnorth Corporation (1861), 2 Johns. & H. 67 ; 4 L. T. 112 ; 9 W. R. 331.) The public must have the same privileges in the new market as in the old (R. v. Starkey (1837), 7 Ad. & E. 95 ; W. W. & D. 502 ; 2 N. & P. 169 ; 6 L. J. K. B. 202). In the Cambridge Market Act, 1850, power was given to the mayor, aldermen, and burgesses in council to enlarge as well as to improve the market of that borough, and it was held that the meaning of the word was not restricted to merely extending the market to streets theretofore forming parts of its sides, but authorised them to extend the market to other streets in its immediate neighbour- hood even though such streets were not mentioned in the Act (Att.-Gen. v. Cambridge (1873), L. R. 6 Eng. & Ir. App. 303 ; 22 W. R. 37). Owners and occupiers of premises may acquire the right as appurtenant to such premises of using stalls in the market opposite their premises, and in such a case to remove the market to their damage is actionable (Ellis v. Bridgnorth Corporation (1863), 15 C. B. (N.S.) 52; 32 L. J. C. P. 273; 9 Jur. (N.S.) 1078 ; 8 L. T. 668 ; 12 W. R. 56). There may be a right by custom to exclude persons from selling marketable articles in shops or markets (Manchester (Mayor, etc.) v. Pedley (1833), 4 B. & Ad. 397), but the grant of a market with all liberties and free customs to such market belonging, does not imply such a right (Penryn (Mayor, etc.) v. Best (1878), 3 Ex. D. 292 ; 48 L. J. Ex. 103 ; 38 L. T. 805 ; 27 W. R. 126). And such a right may be impliedly taken away by statute. Thus, where commis- sioners were, by a local Act incorporating the Markets and Fairs Clauses Act, 1847, empowered to set up a market and take toll, and by s. 47 of the local Act, tolls were imposed upon all persons selling marketable articles, except in premises in their own occupation, it was held that an auctioneer, who held sales in a field in his own occupation, was not liable for penalties (Rutherford v. Straker (1887), 42 Ch. D. 85 n. ; 58 L. J. Ch. 718 n. ; 60 L. T. 756 n.). He was subsequently sued for disturbance of the market, but it was held that no action lay, although, apart from the special Act, the mode of sale would have been a disturbance of an ancient market (Abergavenny Improvement Commissioners v. Straker (1889), 42 Ch. D. 83 ; 58 L. J. Ch. 717 ; 60 L. T. 756; 38 W. R. 158). Section 13 of the Markets and Fairs Clauses Act, 1847, excepts sales in a dwelling-place or shop. A vessel moored to a wharf on a canal within the limits, is not a shop (Wiltshire v. Baker (1861), 11 C. B. (N.S.) 237 ; 31 L. J. M. C. 10 . ; 10 W. R. 89 ; 5 L. T. (N.S.) 355) ; nor an agricultural hall with land containing pens and sheds for the sale of cattle and sheep by auction, though adjoining the auctioneer's dwelling-house (Fearon v. Mitchell (1872), L. R. 7 Q. B. 690 ; 41 L. J. M. C. 170 ; 27 L. T. (N.S.) 33 ; 36 J. P. 804) ; nor a skittle-ground let for two days for the occasion of a sale (Hooper v. Kenshole (1877), 2 Q. B. D. 127 ; 46 L. J. M. C. 160 ; 36 L. T. (N.S.) Ill ; 25 W. R. 368 ; 41 J. P. 182) ; nor a yard attached to a dwelling-house in which a sale by auction of horses took place (Llandaff and Canton Market Company v. Lyndon (1860), 8 C. B. (x.s.) 515 ; 30 L. J. M. C. 105 ; 8 W. R. 693 ; 25 J. P. 295 ; 6 Jur. (N.S.) 1344) ; nor a yard adjoining a dwelling-house in which there were sheds and other places for the sale of cattle and sheep (McHole v. Dames (1875), 1 Q. B. D. 59 ; 45 L. J. M. C. 30 ; 33 L. T. 502 ; 24 W. R. 343) ; nor a pen in the yard at the back of a public-house in the occupation of another (Perkins v. Arber (1873), 37 J. P. 406) ; nor a structure which resembled a booth or stall, having no stable or substantial character, no room for customers within it, nor means of sheltering or protecting goods from the weather or from depredators (Pope v. Wluilley (1865), 6 B. & S. 303 ; B. Q 226 SERIES V. MARKETS. 34 L. J. M. C. 76 ; 11 Jur. (N.S.) 444 ; 11 L. T. 769 ; 13 W. R. 402) ; and a sale of marketable commodities from carts and vans standing in the street opposite a shop, is not a sale in the shop (Horner v. Freeman, W. N. (1884), 223). A local Act for establishing a market, imposed a penalty on any person who sold at any place within the limits of the Act other than in the market place, " or in his own dwelling-house, or in any shop attached to and being part of any dwelling-house." It also incorporated the Markets and Fairs Clauses Act, 1847. It was held that a sale in a shop attached to any dwelling-house was within the exemption of the local Act, and protected the seller from the penalty, although the dwelling-house is not his, and although the sale be a sale by auction (Wiltshire v. Willett (1861), 11 C. B. (N.S.) 240 ; 31 L. J. M. C. 8 ; 5 L. T. 355 ; 10 W. K. 44). The appellant was the tenant of a dwelling-house and shop, and a piece of ground in front of the shop, in Bacup ; there was a wooden shed affixed to the house, and supported on wooden posts, which had been erected over a piece of ground for eighteen years, and previous to the erection of the shed, stone flags had been built into and formed part of the house, which projected three feet from the house, and these flags helped to support the wooden shed. The appellant, after a market had been opened for the town, exposed potatoes and other vegetables for sale outside his house and shop, upon the piece of ground and beneath the wooden shed. It was held that the facts showed that the shed was part of the appellant's dwelling-place or shop (Ashworth v. Heyworih (1869), L. R. 4 Q. B. 316; 10 B. & S. 309 ; 38 L. J. M. C. 91 ; 20 L. T. 439 ; 17 W. R. 668). Distress. Goods exposed for sale in a public market or fair are privileged from distress (Co. Lit. 47 a ). ( 227 ) SEEIES V. MAEKETS. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.} BYELAWS MADE BY THE * WITH RESPECT TO A MARKET. Interpretation of terms. 1. Throughout these byelaws, the expression " the Council " Interpreta- means the * . tion - Interpretation of terms. This clause should be inserted, although it does not at present form part of the model byelaws as printed. The following clauses should be renumbered. For regulating the use of the market place and the buildings, stalls, pens, and standings therein, and for preventing nuisances or obstructions therein, or in the immediate approaches thereto. 1. A person resorting to the market place for the sale of any Cattle, goods, cattle, goods, provisions, marketable commodities or articles placed in shall not, for the purpose of sale or of exposure for sale, place proper part i f v _LI i j. of market or cause to be placed such cattle, goods, provisions, market- place, able commodities or articles in any part or parts of the market place other than such as shall have been appropriated for the reception, deposit, or exposure for sale of the same, and shall be denned or described in a notice printed, painted, or marked in legible letters of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters are printed, painted, or marked, and affixed or set up and continued in some suitable and conspicuous position at or near to such part or parts. * Insert " Urban District Council of "; or, " Mayor, aldermen, and burgesses of the borough of , acting by the council. " Q2 SEBIES V. MAEKETS. Cattle, goods, 2. A person resorting to the market place for the sale of any brought iTitlT cattle, goods, provisions, marketable commodities or articles market place shall not, for the purpose of sale or of exposure for sale, bring appointed tne same or cause the same to be brought into such market time, place before the hour of in the forenoon of any day appointed for the holding of any market. or to remain 3. A person resorting to the market place for the sale of any appSnted 1811 goods, provisions, marketable commodities, or articles shall time. not allow such goods, provisions, marketable commodities or articles, or any part thereof, to remain in the market place after the hour of in the afternoon of any day appointed for the holding of any market. Use of market place. Clauses 1 to 3 of the model series are byelaws "for regulating the use of the market place." The effect of clause 1 is to allocate a certain portion of the market place to each class of thing sold. The clause requires that if wares of various kinds are sold in the market place, the district council shall determine generally what portion of the space shall be appropriated to the sale of each commodity, and that such appropriation shall be indicated by notices conspicuously displayed at or near the places assigned. The allotment of " the buildings, stalls, pens, and standings " within each division of the market place is a matter for arrangement between the persons bringing cattle or goods to the market for sale, and the district council or their officers. The prohibition of under-letting, or alteration of stalls, is also a matter which can be dealt with otherwise than by a byelaw, as it may be made a condition of the letting. A byelaw in the terms of clause 1 would seem to be supported by the decision in the case of Savage v. Brook (1863), 15 C. B. (N.S.) 264 ; 33 L. J. M. C. 42 ; 9 L. T. (N.S.) 334. A byelaw made under a local Act for regulating markets was held not to be unreasonable, or in restraint of trade, by reason of its setting apart a portion of a market for sale by wholesale only, and providing a penalty for selling by retail in that portion (Strike v. Collins (1886), 55 L. T. 182 ;* 34 W. R. 459 ; 50 J. P. 741 ; 2 T. L. R 421). Clauses 2 and 3 prevent goods being brought into the market place before a certain hour, or remaining therein after a certain hour, on any market day. The hours prescribed should be respectively somewhat earlier than the time for the opening of the market, and somewhat later than the hour of closing. The hours during which the market is to be open will be fixed by clause 15 of the model series. Clauses 2 and 3 will be found useful in a variety of ways. Thus, in the case of an unenclosed market place most probably a public thoroughfare it will be necessary to provide for the cleansing of the market place after each day's market is over. This work will usually be undertaken by the district council ; and their officers would be unable to perform their duty properly if they could not depend on the market place being cleared of goods by a certain time in the day. Where shops and stalls are erected in the market place, some difficulty might be expected to arise in the collection of tolls if goods were allowed to remain in the market from one day to another ; and where the market is appropriated on different days to the sale of different classes of goods, some such provision as that made by clause 3 FOR REGULATING USE OF MARKET PLACE, ETC. 229 appears absolutely iiecessary for the proper regulation of the market place. It will be noticed that cattle, although mentioned in clause 2, are not referred to in clause 3. The reason of this will appear on reference to s. 35 of the Markets and Fairs Clauses Act, 1847, under which a second toll becomes due in respect of cattle not removed from the market place within one hour after the close of the market. The prompt removal of cattle from the market place at the conclusion of the market is thus provided for by the imposition by the statute of what is virtually a fine for non-removal. 4. Every tenant or occupier, or servant of a tenant or Fires and occupier of any building, stall, or standing in the market place extinguished, shall, before the hour of in the afternoon of every day during which such building, stall, or standing may have been used for the sale or exposure for sale of any goods, provisions, marketable commodities, or articles, extinguish or cause to be extinguished every fire or light in, upon, or in connection with such building, stall, or standing. Extinction of fires and lights. A clause such as this, which provides for the extinction of fires and lights throughout the market by a certain time in the day, is found in almost every series of byelaws for the regulation of a market place to which shops or stalls are attached. It may be assumed that the officers of the district council will be instructed to make a tour of the market place, every day before the hour of final closing, in order to see that all fires and lights have been put out ; but this should not be held to render the present clause unnecessary, as it makes every person concerned in the use of each shop or stall responsible for taking proper precautions against danger from the fires or lights used therein or thereon. As regards danger from fire generally, it is to be observed that at the common law every man must safely keep his own fire so that no damage in any wise happen to his neighbour (Y. B. 2 Hen. 4, 18, pi. 5). And this rule applies to a fire made out of doors, as well as to a fire made in a building (Tarberville v. Stampe (1697), 1 Ld. Rayra. 264 ; 1 Salk. 13). But by the Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), s. 86, which is of general application and not limited to the metropolis (Riciiards v. Easts (1846), 15 M. & W. 244; 15 L. J. Ex. 163), no action lies against any person in whose house, chamber, stable, barn, or other building, or on whose estate any fire shall accidentally begin. This enactment applies only to fires which are the result of chance, or are incapable of being traced to any definite cause, but not to fires which, though they may be accidental as distinguished from wilful, are occasioned by negligence or want of reasonable care (Filliter v. Phippard (1847), 11 Q. B. 347 ; 17 L. J. Q. B. 89 ; 12 Jur. 202). As to the liability of the tenant for the negligence of his servant, special reference may be made to M' Kenzie v. MLeod (1834), 10 Bing. 385 ; 4 Moo. & Scott, 249. etc. 5. A tenant or occupier, or a servant of a tenant or occupier Cleaving of of any building, stall, or standing in the market place used for ca the sale, or exposure or preparation for sale of any carcase or meat intended for the food of man, shall not cleave such carcase or meat elsewhere than upon a cleaving block, or chopping 230 Animals to Goods not to project beyond SERIES V. MARKETS. board, or otherwise than when properly attached to or suspended from the hooks provided for the purpose in, upon, or in connection with such building, stall, or standing. Cleaving of carcases or meat. This clause is one for regulating the use of buildings, stalls and standings in a market place where meat is sold. It seeks to prevent the chopping or cleaving of meat in such a way as to cause damage to the market g. A person who shall use any pen for the reception of any cattle brought into the market place for the purpose of sale, or of exposure for sale shall not place or allow to be placed in such pen a greater number of cattle than shall be compatible with the allowance in respect of the several animals placed in such pen of an extent of superficial space to be determined in accordance with the following regulations : For every horse : a space not less than - For every ox or cow : a space not less than - For every mule or ass : a space not less than - For every calf : a space not less than - For every ram, ewe, wether, lamb, goat, kid, or pig : a space not less than - in. ft- in. 8 by 2 8 by 2 5 by 1 3 5 by 1 3 - 4 (superficial) Use of pens. This byelaw, which is so drawn as to bring it within the terms of s. 42 of the Markets and Fairs Clauses Act, 1847, as a byelaw for regulating the use of the pens in a market place, is intended to prevent unnecessary suffering by the crowding together of animals brought for sale in a cattle market. The spaces which are here inserted in the byelaw are stated, in a footnote thereto, in the official edition of the model series, to have been "suggested as generally suitable," subject to the observation that as regards sheep, goats, and pigs, the space required is calculated with reference to animals " of medium size." Circumstances may suggest slight modifications in particular cases ; but the space allowed for each animal should not generally be less than that mentioned in the clause as printed above. 7. A tenant or occupier of any building, stall, or standing in the market place shall not cause or allow any goods, provisions, stalls, etc. marketable commodities or articles to be deposited or exposed for sale in or upon such building, stall, or standing, so that such goods, provisions, marketable commodities or articles, or FOR REGULATING USE OF MARKET PLACE, ETC. 231 any part thereof, shall project beyond the line of such building or stall, or beyond the limits assigned to such standing, so as to obstruct the passage of any person or vehicle or of any cattle, goods, provisions, marketable commodities or articles in or through the market place or any part thereof. 8. A tenant or occupier of any building, stall, or standing in Avenues the market place, or a person resorting to such market place to for the sale of any goods, provisions, marketable commodities clear, or articles, shall not for any longer time or in any other manner than shall be reasonably necessary for the conveyance of such goods, provisions, marketable commodities or articles, to or from such building, stall, or standing, or any part of such market place, deposit, or cause, or allow to be deposited in any avenue or passage adjoining such building, stall or standing, or elsewhere in such market place, or in any of the immediate approaches thereto, any hamper, crate, basket, box, barrel, or other receptacle for any goods brought into such market place for the purpose of sale or of exposure for sale. Nuisances and obstructions in the market place. Clauses 7 to 14 inclusive relate to nuisances and obstructions in the market place, and the immediate approaches thereto. Clauses 7 and 8 deal with obstructions due respectively to placing goods so as to project beyond the line of any shop or stall, or beyond the limits of any standing, and to hampers and other packages being placed for an unreasonable time in the avenues, or elsewhere in the market place, or its immediate approaches, in connection with the conveyance of goods to and from the several shops, stalls, and standings. With regard to the general words in clause 8, apart from the byelaw, a person who exposes goods for sale in a public market has a right to occupy the soil with baskets or sacks necessary and proper for containing the goods (Townend v. Woodruff (1850), 5 Ex. 506 ; 19 L. J. Ex. 315). With regard to markets held in streets, it has also been held that where a place has been used as a public fair or market for above twenty years, to which persons have resorted for the purpose of there exposing articles for sale, they are not liable to be indicted for a nuisance as for obstructing the highway, if fairly engaged in using the place as a fair or market (Rex v. Smith (1802), 4 Esp. 109 ; 6 R. R. 842). 9. Every tenant or occupier of any building, stall, or standing cleansing of in the market place, shall cause such building, stall, or JP S > 8talls standing to be properly cleansed immediately before the reception, deposit, or exposure for sale therein or thereon and immediately after the removal therefrom of any goods, provisions, marketable commodities or articles. 10. Every tenant or occupier of any building, stall, or standing Removal of in the market place shall, from time to time, as often as re 232 SERIES V. MARKETS. occasion may require, during any day on which such building, stall, or standing may be used for the reception, deposit or exposure for sale therein or thereon of any goods, provisions, marketable commodities or articles, cause all filth, garbage, and refuse which may be produced or may accumulate in the course of the trade or business carried on by such tenant or occupier to be placed in such receptacle (if any) as may be provided by the Council, or otherwise in a receptacle of suit- able construction and of adequate dimensions to be provided by such tenant or occupier, in, upon, or in close connection with such building, stall, or standing. He shall, from time to time, as often as may be necessary, cause the contents of such receptacle to be promptly removed, in such a manner and with such precautions as not to create a nuisance in the process of removal, to such place of deposit as shall, from time to time, be appointed by the Council, and shall be defined or described in a notice printed, painted, or marked in legible letters of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters are printed, painted, or marked, and affixed or set up and continued in some suitable and conspicuous position at or near to such place of deposit. Nuisances in the market place. Clauses 9 and 10 of the model series appear to be authorised by that part of s. 42 of the Markets and Fairs Clauses Act, 1847, which relates to byelaws for preventing nuisances in the market place. Clause 9 also seems to be in part a byelaw for regulating the use of buildings, stalls, and standings. In any case its provisions are of a salutary character, especially in connection with the sale of meat and provisions, or with the use of a stall, on different days, for different kinds of goods. Clause 10 is useful even where the district council undertake the cleansing of the market place at the end of the day, for it prevents the accumulation of refuse in and about the buildings, stalls, etc., during the progress of the market, so as to become a nuisance to persons resorting thither. Obstruction ft . person resorting to the market place and being in by vehicles, . f etc. charge ot any waggon, cart, truck, barrow, or other vehicle or of any beast of burden shall not cause or allow such vehicle or beast to stand in any avenue or passage in such market place, or in any of the immediate approaches thereto, for any longer time than shall be reasonably necessary for the loading, or unloading of any goods, provisions, marketable commodities or articles. Obstruction by vehicles, etc. The terms of this byelaw may have been suggested by a provision in s. 28 of the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89), which applies to any " street," as defined by s. 3 of the same FOB REGULATING USE OF MARKET PLACE, ETC. 233 Act. The clause is applicable to the " immediate approaches " to the market place, as well as to the market place itself. What constitute the immediate approaches to the market place, is a question primarily for the justices before whom any proceedings may be taken for the enforcement of the byelaws referring to these approaches. 12. Every person resorting to the market place for the sale Removal of of any goods, provisions, marketable commodities, or articles, fronUoadi or in charge of any waggon, cart, truck, barrow, or other vehicle, unloading, or of any beast of burden used for the conveyance of any goods, e provisions, marketable commodities or articles to or from such market place shall, from time to time as often as occasion may require, and in such a manner as to prevent nuisance or obstruction, remove or cause to be removed from every avenue or passage in such market place, or from the footway or roadway of any of the immediate approaches thereto, all vegetable or animal refuse, filth, litter, or rubbish which may have fallen or may have been thrown or deposited therein or thereon during the loading or unloading or the conveyance to or from such market place of such goods, provisions, marketable commodities or articles. Nuisances in connection with loading, unloading, etc. of goods. This byelaw deals with what may be regarded as one of the commonest sources of nuisance in connection with a market, namely, the deposit of refuse and litter in the loading, unloading, etc., of goods. The operation of the clause extends to the "immediate approaches " to the market place, as well as to the market place itself. A byelaw preventing any person from throwing skins upon any part of the ground occupied by a market, or the immediate approaches, or in any cart standing thereon, without being authorised so to do by the superintendent of the market, was held too general, and bad, as being in restraint of trade (Wortley v. Nottingham Local Board (1870), 21 L. T. 582). 13. Every tenant or occupier of any building, stall, or Cleansing of T ,1 i i in avenues and standing in the market place shall cause every avenue or passage pa88a ge 8 . in connection with such building, stall, or standing, whether used by him alone or in conjunction with any other person, to be properly swept and cleansed once at least during each day appointed for the holding of any market. Cleansing of avenues and passages. The fact that the district council may undertake the cleansing of the market place at the end of the day, should not be regarded as rendering this clause unnecessary. Taken in connection with clause 10, the clause will be found to be of great assistance to the district council in preventing nuisances in the market place. 14. A person resorting to the market place for the sale of Obstruction any cattle, goods, provisions, marketable commodities or articles, 234 SERIES V. MARKETS. shall not cause or allow such cattle, goods, provisions, marketable commodities or articles to be brought or conveyed to or from such market place, or any building, stall, or standing therein, or to stand, be placed, or exposed for sale in such a manner as to obstruct the passage of any person or vehicle, or of any other cattle, goods, provisions, marketable commodities or articles in or through such market place or any part thereof or any of the immediate approaches thereto. Obstruction by cattle, goods, etc. This clause does not cover quite the same ground, but its object is similar to that of clauses 7, 8 and 11. Days and hours for holding market. For fixing the days and the hours during each day on which the market shall be held. 15. A market * shall be held on f in every $ throughout the year On every day appointed for the holding of a market, such market shall be held between the hours of in the forenoon and in the afternoon : Provided that when any day herein-before appointed for the holding of a market shall be a day duly appointed for a solemn fast, or public thanksgiving, such market shall be held on the lawful day next following such first-mentioned day. Market days. Section 14 of the Markets and Fairs Clauses Act, 1847, which is incorporated with the Public Health Act, 1875, by s. 167 of that Act, provides, that after the market place is opened for public use, the undertakers [district council] shall hold markets therein on the " prescribed days " (if any), and on such other days as the undertakers shall appoint from time to time, by any byelaw to be made in pursuance of the Act of 1847, or the " special Act " [Public Health Act, 1875]. "Prescribed," in the Act of 1847, means, " prescribed for that purpose in the special Act." There are no days presciibed in the " special Act " for the purpose above referred to, and the practical effect of s. 14 of the Act of 1847 is, therefore, to enable the district council by means of byelaws to fix the days for holding the market irrespective of any provision as to market days contained in any charter or statute under which the market may be held, except a local Act passed subsequently to the Public Health Act, 1875. It may, however, be observed that the prohibition in the 27 Hen. 6, c. 5, as amended by the 13 & 14 Viet. c. 23, against the holding of markets on * Here specify the class or description of wares for which the market is intended. t Here insert the day of the week. J Here insert "week," "fortnight," "month," "quarter," as the case may require. If the markets are not held periodically throughout the year, substitute the names of the months during which they are held. FOE REGULATING CARRIERS, ETC. 235 Sundays, Ascension Day, Corpus Christ! Day, Assumption Day, All Saints Day, and Good Friday, has not been removed, although there may be some doubt whether it applies to markets of statutory origin, as well as to markets by grant or prescription. In any case, the provision of the Sunday Observance Act, 1677 (29 Car. II. c. 7), forbidding the exposure for sale of any wares, merchandize, fruit, herbs, goods or chattels whatsoever upon the Lord's Day, under pain of forfeiture of the wares, etc., may be considered to operate as a general prohibition of the holding of markets on Sunday. Hours for holding market. These must be "fixed" by the byelaws, if the matter is dealt with at all. A byelaw simply reserving power to the district council to fix the hours from time to time as they may think fit, would be ultra vires. A byelaw prescribing that no auctioneer should sell cattle by auction in the market before twelve o'clock on the market day was held to be valid in Collins v. Corporation of Wells (1885), 1 T. L. R. 328. For regulating the carriers resorting to the market, and fixing the rates for carrying articles carried therefrom within the limits of the district. 16. A carrier resorting to the market place shall not, at any Carriers, time, while plying for hire and not actually hired, occupy a w ir gj "^ station in any part or parts of the market place other than occupy such as shall be appropriated as a stand or stands for carriers s and shall be defined or described in a notice printed, painted, or marked in legible letters of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters are printed, painted, or marked, and affixed, or set up, and continued in some suitable and conspicuous position at or near to the part or parts so appropriated. 17. A carrier resorting to the market place shall not, while Canvassing plying for hire, canvass for hire by calling out or otherwise to pro the annoyance of any person. 18. Every carrier resorting to the market place shall at all Conduct of times, while plying for hire, conduct himself with civility and ca propriety towards every person hiring or seeking to hire such carrier, and shall comply with every reasonable requirement of any person hiring such carrier. What is a "carrier." The term "carrier," as used in the Markets and Fairs Clauses Act, 1847, is not defined. In the absence of any such definition, common usuage would suggest that the term applied to a person employing a cart, van, or other wheeled vehicle, for the transport of goods for other persons for reward. A carrier would, in this way, be distinguished from a " porter," who himself carries goods for persons engaging his services. It has, however, been observed that in many places the byelaws made by local 236 SERIES V. MARKETS. Rates for carrying. authorities for the regulation of their markets, are so drawn as to indicate that those who, in ordinary language, would be described as porters, are locally regarded as coming within the scope of clauses as to carriers. For this reason, probably, the model clauses on the subject are very general in their terms, and appear to contain no provision which is not equally applicable whether the persons to whom it may be intended to apply them when adopted, are, in ordinary language, carriers or porters. The clauses in question aim at "regulating" the carriers by confining them, when plying for hire, and not actually hired, to stands set apart for the purpose (clause 16) ; by prohibiting touting (clause 17) ; and by requiring them to conduct themselves with civility and propriety towards hirers or intending hirers (clause 18). " Plying for hire " merely means whilst holding themselves at the disposal of the public for hire. Reference may be made on this point to the cases as to hackney carriages plying for hire (Clarice v. Stanford (1871), L. R. 6 Q. B. 357 ; 40 L. J. M. C. 151 ; 24 L. T. 389 ; 19 W. R. 849 ; 35 J. P. 662 ; Allen v. Tunbridge (1871), L. R. 6 0. P. 481 ; 40 L. J. M. C. 197 ; 35 J. P. 695 ; Foinett v. Clark (1877), 41 J. P. 359 ; Cocks v. Mayner (1894), 70 L. T. 403 ; 58 J. P. 104 ; 10 T. L. R. 133 ; 10 R. 467). Licensing of carriers. Byelaws referring to the licensing of carriers, and requiring them to wear badges, are sometimes proposed by local authorities ; but there is no authority for such byelaws under s. 42 of the Markets and Fairs Clauses Act, 1847. 19. Every carrier resorting to the market place shall be entitled to demand and receive from every person hiring such carrier, a sum to be determined in accordance with the following table as the rate or charge for the carriage of any goods, provisions, marketable commodities or articles, from such market place to any place or places within the limits of the district : TABLE OF RATES FOR THE CARRIAGE OF GOODS, PROVISIONS, MARKETABLE COMMODITIES, OR ARTICLES FROM THE MARKET PLACE. Distance. Weight. To any place within the distance I of from the limits of thej market place. To any place beyond the distance , of and within the distance] of from the limits of the! market place. For every additional of dis- 1 tance beyond such last-mentioned^ distance. For a weight not ex- ceeding Ibs. For every additional Ibs. For a weight not ex- ceeding Ibs. For every additional Ibs. For a weight not ex- ceeding Ibs. For every additional Ibs. PENALTIES KEPEAL OF BYELAWS. 237 Rates for carrying. The fourth paragraph of s. 42 of the Markets and Fairs Clauses Act, 1847, as incorporated with the Public Health Act, 1875, enables the district council to fix the rates for carrying articles carried from the market " within the limits of the district " only. The distances inserted in the first column of the table appended to the above byelaw should accordingly be fixed so as to refer to journeys on the part of the carriers, which shall be wholly within those limits. Penalties. 20, Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. -"Five pounds," or any less sum, may be inserted. Repeal of Byelaws. 21. From and after the date of the confirmation of these Repeal, byelaws, the byelaws relating to which were made on the day of in the year one thousand eight hundred and by the , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] shall be repealed. Repeal of byelaws. This clause is not at present printed with the bye- laws; but if there are now in force any byelaws made under the Public Health Acts with respect to the market, which the district council are desirous of repealing, the blank spaces in the clause should be filled in, and the clause added to the series. SERIES VI. SLAUGHTER-HOUSES. ( 241 ) SLAUGHTER-HOUSES, MEMORANDUM. SECTION 169 of the Public Health Act, 1875, (38 & 39 Viet. f c. 55) enacts that " for the purpose of enabling any Urban Authority to regulate slaughter-houses within their district, the provisions of the Towns Improvement Clauses Act, 1847, with respect to slaughter-houses, shall be incorporated with this Act." Of the incorporated provisions of the 10 & 11 Viet. c. 34, 10 & n Viet. too *v * 11 c - 34 > a - 128 - s. 128 is in the following terms : " The Commissioners [Urban Sanitary Authority] shall, from time to time, by byelaws . . . make regulations for the licensing, registering, and inspection of the . . . slaughter- houses . . . and preventing cruelty therein, and for keeping the same in a cleanly and proper state, and for removing filth at least once in every twenty-four hours, and requiring them to be provided with a sufficient supply of water ; and they may impose pecuniary penalties on persons breaking such byelaws ; provided that no such penalty exceed for any one offence the sum of five pounds, and in the case of a continuing nuisance the sum of ten shillings for every day during which such nuisance shall be continued after the conviction for the first offence." By the next section (129), it is provided that the " justices 10 & 11 Viet, before whom any person is convicted of killing or dressing any Ct ' 8- cattle contrary to the provisions of this or the special Act [i.e., the 38 & 39 Viet. c. 55] , or of the non-observance of any of the byelaws or regulations made by virtue of this or the special Act, in addition to the penalty imposed on such person under the authority of this or the special Act, may suspend, for any period not exceeding two months, the licence granted to such person under this or the special Act, or in case such person be the owner or proprietor of any registered slaughter- house . . . may forbid, for any period not exceeding two 242 10 & 11 Viet, c. 34, s. 130. A nthony v. Brecon Market* Company. Powers of sanitary authority. SERIES VI. SLAUGHTER-HOUSES. months, the slaughtering of cattle therein ; and such justices, upon the conviction of any person for a second or other subsequent like offence, may, in addition to the penalty imposed under the authority of this or the special Act, declare the licence granted under this or the special Act revoked, or if such person be the owner or proprietor of any registered slaughter- house, may forbid absolutely the slaughtering of cattle therein ; and whenever the licence of any such person is revoked as aforesaid, or whenever the slaughtering of cattle in any registered slaughter-house ... is absolutely forbidden as aforesaid, the Commissioners may refuse to grant any licence whatever to the person whose licence has been so revoked, or on account of whose default the slaughtering of cattle in any registered slaughter-house has been forbidden." Further by section 130 it is enacted that " every person who during the period for which any such licence is suspended, or after the same is revoked as aforesaid, slaughters cattle in the slaughter-house ... to which such licence relates, or otherwise uses such slaughter-house ... or allows the same to be used as a slaughter-house . . . , and every person who during the period that the slaughtering of cattle in any such registered slaughter-house ... is forbidden as aforesaid, or after such slaughtering has been absolutely for- bidden therein, slaughters any cattle in any such registered slaughter-house, shall be liable to a penalty not exceeding five pounds for such offence, and a further penalty of five pounds for every day on which any such offence is committed after- the conviction for the first offence." In connection with these provisions, and those relating to the licensing and registration of slaughterhouses, in sections 125 127, the attention of the sanitary authority should be directed to the judgment of the Court of Exchequer Chamber in the case of Anthony v. The Brecon Markets Company (26 L. T. (N.s.) 982). With reference to that judgment, a few observations may here be introduced in illustration of the nature and extent of the powers of the sanitary authority with regard to slaughter- houses. It will be seen that the provisions of the Towns Improve- ment Clauses Act, 1847, incorporated with the Public Health Act, 1875 by section 169, recognize two classes of slaughter- houses, viz., slaughter-houses in use and occupation at the time of the passing of the " special Act," and slaughter-houses MEMOKANDUM. 243 not in use and occupation at that time. To the former class the requirements as to registration in section 127 are specially applicable. To the latter class the provisions as to licensing in sections 125 126 have direct reference. Both classes may apparently be regulated by byelaws under section 128. In framing a model series of byelaws under that enactment, Structural the Board have considered that the statutory terms do not warrant the extension of the scope of the byelaws to regulations houses, directly affecting the structure of the premises. But as regards premises for which under section 126 the licence of the sanitary authority will be required, the Board have been advised that, in the exercise of the discretionary power of licensing which has been conferred upon the Sanitary Authority, the following rules as to site and structure should influence their decision upon each application for a licence : 1. The premises to be erected or to be used and occupied as a slaughter-house should not be within 100 feet of any dwelling-house ; and the site should be such as to admit of free ventilation by direct communication with the external air on two sides at least of the slaughter-house . 2. Lairs for cattle in connection with the slaughter-house should not be within 100 feet of a dwelling-house. 3. The slaughter-house should not in any part be below the surface of the adjoining ground. 4. The approach to the slaughter-house should not be on an incline of more than one in four, and should not be through any dwelling-house or shop. 5. No room or loft should be constructed over the slaughter- house. 6. The slaughter-house should be provided with an adequate tank or other proper receptacle for water, so placed that the bottom shall not be less than six feet above the level of the floor of the slaughter-house. 7. The slaughter-house should be provided with mans of thorough ventilation. 8. The slaughter-house should be well paved with asphalte or concrete, and laid with proper slope and channel 241 SEEIES VI. SLAUGHTER-HOUSES. towards a gully, which should be properly trapped and covered with a grating, the bars of which should be not more than three-eighths of an inch apart. Provision for the effectual drainage of the slaughter- house should also be made. 9. The surface of the walls in the interior of the slaughter- house should be covered with hard, smooth, impervious material, to a sufficient height. 10. No water closet, privy, or cesspool should be constructed within the slaughter-house. There should be no direct communication between the slaughter-house and any stable, watercloset, privy, or cesspool. 11. Every lair for cattle in connection with the slaughter- house should be properly paved, drained, and ventilated. No habitable room should be constructed over any lair. JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1877. Authorities competent to adopt the byelaws. The model byelaws as to slaughter-houses can only be adopted by an urban district council, or by a rural district council, invested by an order of the Local Government Board under s. 276 of the Public Health Act, 1875, with the powers of an urban district council under the second paragraph of s. 169 of the Act. Where application is made to the Local Government Board for such an order, the t instructions contained in the Introduction should be observed. Slaughter-houses to which the model byelaws apply. By s. 4 of the Public Health Act, 1875, the term "slaughter-house" is defined as including the buildings and places commonly called slaughter-houses and knackers' yards, and any building or place \ised for slaughtering cattle, horses, or animals of any description for sale. " Slaughter-house," as used in the Towns Improvement Clauses Act, 1847, and the Local Government Act, 1858, includes not merely the premises where the actual slaughtering of cattle takes place, but also the premises used for processes connected with or incident to the slaughtering ; and premises in use for these purposes, even though no actual slaughtering of cattle takes place within them, are used as slaughter-houses within s. 126 of the Towns Police Clauses Act, 1847 (Hides v. Littlejohn (1896), 74 L. T. 24 ; 60 J. P. 101 ; 18 Cox C. C. 219). " The provisions of the Towns Improvement Clauses Act, 1847, with respect to slaughter-houses" (which, by s. 169 of the Public Health Act, 1875, are incorporated with the latter Act, "for the purpose of enabling any urban MEMORANDUM. 245 authority to regulate 'slaughter-houses' within their district"), refer, however, both to " slaughter-houses " and to " knackers' yards." This is the case, inter alia, with s. 128 of the Act of 1847 ; and hence, in the model series of byelaws framed under that enactment, it would seem that the term "slaughter-house" must be read as applying only to a place for the slaughtering of animals for the purpose of their flesh being used as butcher's meat. Within these limits, however, the model byelaws apply generally to all private slaughter-houses, and are not restricted in their application to houses where the carcase is intended for sale as human food, as in cases arising under s. 19 of the Markets and Fairs Clauses Act, 1847. That section enacts, inter alia, that "no person shall slaughter any cattle or dress any carcase for sale as human food or food of man in any place within the limits of the special Act other than a slaughter- house," etc. ; and it was held under that section that to slaughter cattle on the private premises of an inhabitant, unless for sale as human food, was not illegal (Elias v. Nightingale (1858), 33 L. J. M. C. 151 ; 8 E. & B. 698; 4 Jur. (N.S.) 166 ; 6 W. R. 91). Such a case would be covered by the model byelaws. But the series does not apply to slaughter-houses provided by the district council. For the regulation of such slaughter-houses, byelaws are authorised by the first paragraph of s. 169 of the Act of 1875. For a model series of byelaws for the management of slaughter-houses so provided, see Model Byelaws, vol. ii. Making of byelaws imperative. The provisions of s. 128, as to the making of byelaws with regard to the several matters mentioned therein, appear to be not merely directory, but imperative. If such byelaws were not made, the enactment in s. 129 (cited in the above memorandum) would be inoperative in the district. There are no provisions either in the Act of 1847, or in that of 1875, respecting the "killing or dressing any cattle" ; and hence the only conviction which will bring a person within the operation of the section referred to, so as to enable the justices, where necessary, to suspend or revoke his licence, is one for " the non-observance of any of the byelaws or regulations " made by virtue of the Act of 1847, or of 1875. It is not, however, imperative that pecuniary penalties should be imposed by the byelaws ; and it will be seen that the model series imposes no such penalty for non-compliance with the licensing clauses (Nos. 1 4). If the regulations prescribed by those clauses are not observed, the district council have it in their power to refuse a licence for the erection, or the use and occupation of the premises, as the case may be. Rules as to site and structure of slaughter-houses. The rules on these subjects, embodied in the memorandum of the Local Government Board, reproduce briefly the principal recommendations of Dr. Ballard, F.R.S., in an official report to that Board * on Effluvium Nuisances arising in con- nection with the slaughtering of animals, which is more particularly referred to (post) in connection with the model series as to offensive trades. Revocation of licences. In connection with the provisions as to the suspension and revocation of licences contained in s. 129 of the Towns Improvement Clauses Act, 1847, reference may be made to s. 31 of the Public Health Acts Amendment Act, 1890, which is in force wherever Part III. of * Annual Report of the Medical Officer of the Local Government Board for the year, 1876. [C. 1909.] 246 SERIES VI. SLAUGHTER-HOUSES. that Act has been adopted by an urban district council. This section provides for the revocation of the licence on the summary conviction of the occupier for selling or exposing for sale, or for having in his possession, or on his premises, the carcase of any animal, or any piece of meat or flesh, diseased or unsound, or unwholesome or unfit for the use of man as food. Employing horses or cattle not intended for butcher's meat. It may be mentioned that the 12 & 13 Viet. c. 92, s. 9, imposes a penalty on any person, who, having the management of any place for the purpose of slaughtering horses or other cattle, not intended for butcher's meat, shall use or permit to be used any horse or other cattle brought to such place for the purpose of being slaughtered. The section applies to private as well as to licensed slaughtering-houses. When, therefore, H. had the management of the kennels of a hunt, where there was a place used solely for the purpose of slaughtering horses sent as food for the hounds, and received a horse for that purpose, and permitted it to be worked, it was held that he was guilty of an offence under that section (Colam v. Hall (1871), L. R. 6 Q. B. 206 ; 40 L. J. M. C. 100 ; 23 L. T. 802 ; 19 W. R. 563). There is no power to make a byelaw as to this matter. Confirmation of the byelaws. As to the confirmation of byelaws made under s. 128 of the Towns Improvement Clauses Act, 1847, by virtue of the incorporation of that enactment with the Public Health Act, 1875, see the Public Health (Confirmation of Byelaws) Act, 1884 (47 Viet. c. 12). ( 247 ) SEEIES VI. SLAUGHTERHOUSES. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.] BYELAWS MADE BY THE * WITH EESPECT TO SLAUGHTER-HOUSES. Interpretation of terms. 1. Throughout these byelaws, the expression " the Council," means the * Interpretation of terms. The above clause should be inserted although it does not, at present, form part of the model series as printed. The following clauses should be renumbered. For the licensing, registering, and inspection of slaughter-Jwuses, for preventing cruelty therein, for keeping the same in a cleanly and proper state, for removing filth at least once in every twenty -four hours, and requiring such slaughter-houses to be provided with a sufficient supply of water. 1, Every person who shall apply to the Council for a Application licence for the erection of any premises to be used and occupied e^ c ^ nce as a slaughter-house shall furnish in the form hereunto slaughter- appended a true statement of the particulars therein required house> to be specified. Form of Application for a Licence to erect Premises for use and occupation as a Slaughter-house. To the [Urban or Rural District or Town Council] of I, , of , , do hereby apply to you for a licence, in pursuance of the statutory provisions in that behalf, for the * Invert " Urban [or Rural] District Council of " ; or " Mayor, aldermen, and burgesses of the borough of , acting by the council." 248 SERIES VI. SLAUGHTER-HOUSES. erection of certain premises to be used and occupied as a slaughter- house ; and I do hereby declare that to the best of iny knowledge and belief the Schedule hereunto annexed contains a true statement of the several particulars therein set forth with respect to the said premises. SCHEDULE. 1. Boundaries, area, and description of the proposed site of the premises to be erected for use and occupation as a slaughter-house. 2. Description of the premises to be erected on such site : (a. ) Nature, position, form, superficial area and cubical contents of the several buildings therein comprised. (b.) Extent of paved area in such buildings, and materials to be employed in the paving of such area. (c. ) Mode of construction of the internal surface of the walls of such buildings, and materials to be employed in such construction. (d.) Means of water supply, position, form, materials, mode of construction and capacity of the several cisterns, tanks, or other receptacles for water to be constructed for permanent use in or upon the premises. (e.) Means of drainage, position, size, materials, and mode of construction of the several drains. (/.) Means of lighting and ventilation. (g.) Means of access for cattle from the nearest street or public thoroughfare. (h.) Number, position, and dimensions of the several stalls, pens, or lairs to be provided on the premises. (i. ) Number of animals for which accommodation will be provided in such stalls, pens, or lairs, distinguishing 1. Oxen. 2. Calves. 3. Sheep or lambs. 4. Swine. Witness my hand this day of 18 (Signature of Applicant.) Address of Applicant.) FOEM OP APPLICATION FOE LICENCE, ETC. Applications for licences for the erection of slaughter-houses. It is not absolutely necessary that a person intending to erect a new slaughter-house should obtain a licence for such erection ; but if he does not, he must take the risk of a licence for the " use and occupation " of the premises as a slaughter- house being refused, and consequently of the premises when completed being useless for the purpose for which they were intended. It is entirely within the discretion of the district council whether they will grant a licence to erect slaughter-house buildings ; and in considering an application for such licence they are bound to have regard to the fitness of the site, and of the buildings proposed to be erected, for the purpose. The intention of clause 1 of the model series is to secure that the application shall be accompanied by such particulars as will enable them to decide both questions. If the information given in the schedule appended to the application is insufficient, or if the site of the intended buildings is open to objection, or the structural details appear to be faulty, the council can refuse to grant a licence until more specific information is before them, or amended plans are submitted. The requirements of any byelaws as to new buildings which may be in force in the district must, of course, be complied with, so far as they are applicable, in the erection of the proposed slaughter-house ; and it may be assumed that proper plans will be deposited with the council, as a necessary preliminary to such erection, under a byelaw similar to No. 92 of the model series as to new streets and buildings (see p. 204). Generally, as to the points to be observed in connection with the licensing of slaughter-houses, reference may be made to the memorandum prefixed to the present series, and the note on p. 245. As pointed out on p. 245, the penalty clause of the series does not apply to those clauses (Nos. 1 to 4) which refer to licensing. A form of licence to erect a slaughter- house is prescribed by clause 3. See note on page 254, as to the duration of licences. 2. Every person who shall apply to the Council for a Application , . Iz M for licence to licence for the use and occupation of any premises as a U8e anc i slaughter-house shall furnish in the form hereunto appended occupy . , , slaughter- a true statement of the particulars therein required to be house, specified. Form of Application for a Licence for the use and occupation of Premises as a Slaughter- Jwuse. To the [Urban or Eural District or Town Council] of I, , of , , do hereby apply to you for a licence, in pursuance of the statutory provisions in that behalf, for the use and occupation as a slaughter-house of the premises herein-after described ; and I do hereby declare that to the best of my knowledge and belief the Schedule hereunto annexed contains a true statement 250 SERIES VI. SLAUGHTER-HOUSES. of the several particulars therein set forth with respect to the said premises. SCHEDULE. 1. Situation and boundaries of the premises to be used and occupied as a slaughter-house. 2. Christian name, surname, and address of the owner of the premises. 3. Nature and conditions of applicant's tenure of the premises : (a. ) For what term ; and whether by lease or otherwise. (6.) Whether applicant is sole owner, lessee, or tenant ; or whether applicant is jointly interested with any other person or persons, and if so, with whom. 4. Description of the premises : (a.) Nature, position, form, superficial area, and cubical contents of the several buildings therein comprised. (b. ) Extent of paved area in such buildings, and materials employed in the paving of such area. (c.) Mode of construction of the internal surface of the walls of such buildings and materials employed in such construction. (d.) Means of water supply, position, form, materials, mode of construction and capacity of the several cisterns, tanks, or receptacles for water, constructed for permanent use in or upon the premises. (e.) Means of drainage, position, size, materials, and mode of construction of the several drains. (/. ) Means of lighting and ventilation - . - (g.) Means of access for cattle from the nearest street or public thoroughfare. (h.) Number, position, and dimensions of the several stalls, pens, or lairs provided on the premises. (i.) Number of animals for which accommoda- tion will be provided in such stalls, pens, or lairs, distinguishing 1. Oxen. 2. Calves. 3. Sheep or lambs. 4. Swine. Witness my hand this day of 18 (Signature of Applicant.) (Address of Applicant.) FORM OP LICENCE TO ERECT PREMISES, ETC. 251 Applications for licences for the use and occupation of slaughter- houses. The form prescribed by clause 2 of this series, is adapted for use in respect of premises already existing which it is intended either to use for the first time as a slaughter-house, or to use afresh as a slaughter-house, in a case where (to use the words of WILLES, J., in the Brecon Case (post, p. 252) ), " the abuse of the slaughter-house" has led to the suspension or abolition of a previous licence. As will be seen from the decision in that case, no licence for the use and occupation of premises as a slaughter-house will be required where a licence for the erection of the premises has been issued under s. 126 of the Towns Improvement Clauses Act, 1847, unless such last-mentioned licence should be suspended or revoked. A resolution of a committee, confirmed by the council and communicated to the parties, is equivalent to a licence (Howarth v. Manchester Corporation (post, p. 253)). 3, Every person to whom the Council may have resolved Licence for that a licence be granted to erect premises for use and occupa- erection of 11 i 11 i i slaughter- tion as a slaughter-house shall be entitled to receive from the house. Council a licence in the form hereunto appended, or to the like effect. Form of Licence to erect Premises for use and occupation as a Slaughter-house. No. of licence Eeference to folio in register District [or Borough] of Whereas application has been made to us, the [Urban or Eural District or Town Council] of , by , of , , for a licence to erect on a site within the said district [or Borough] certain premises for use and occupation as a slaughter-house : Now, we, the said Council, in pursuance of the powers conferred upon us by the statutory provisions in that behalf, do hereby licence the said , of , , to erect for use and occupation as a slaughter-house upon the site denned or described in the Schedule hereunto annexed the premises whereof the description is set forth in the said Schedule. SCHEDULE. Boundaries, area, and description of the proposed site of the premises to be erected for use and occupation as a slaughter-house. Description of the premises to be erected for use and occupation as a slaughter-house. Given under the Common Seal of the [Urban or Eural District Council or Borough] of , this day (L.S.) of , in the year One thousand eight hundred and Clerk to the [Council or Town Clerk] . 252 SERIES VI. SLAUGHTER-HOUSES. Licence for the erection of a slaughter-house. If, after considering an application for a licence to erect a slaughter-house, the district council determine to grant such licence, they will do so in the form prescribed by this clause, or in one to the like effect. The particulars necessary for the completion of the schedule will have been obtained in the schedule to the application (see clause 1). The importance of defining in the licence the limits of the site on which the buildings licensed are to be erected, and of including in the licence an adequate description of such buildings, may be illustrated by the decisions in the cases of the Brighton (Town Council of) v. Stenning, and Hanman v. Adkins. In Brighton (Town Council of) v. Stenning (1867), 31 J, P. 246 ; 15 L. T. (N.S.) 567, it appeared that S. had a slaughter- house for pigs, consisting of a yard, pig pens, cart shed, slaughter shed, and stable. After the Local Government Act, 1858, he obtained a licence which stated the animals to be slaughtered were pigs, but he turned the stable into a shed for slaughtering bullocks and sheep. On a summons for using a slaughter-house without a licence, the justices held that the shed for bullocks was part of the original premises, and the High Court held that this being a question of fact, no new licence was required for the premises. In Hanman v. Adkins (1876), 40 J. P. 744, a local Act incorporated the Towns Improvement Clauses Act, and H. duly registered his slaughter-house under that Act. Lately he had rebuilt a ruinous part of the premises, and also added a little to the area inclosed within the walls of the premises when rebuilt. The court held that the enlarged premises did not require a licence, as they continued, notwithstanding the addition and partial rebuilding, the same place which had been previously used. A licence to erect a slaughter-house implies a licence to use such house as a slaughter-house when erected. " What is this licence to future slaughter- houses to include ? It has been suggested that there was to be a licence for erection, and a subsequent licence for use when erected. Possibly in theory this might be maintained, but it would be a subtle refinement ; and as it would tend to prevent people from spending money in erecting slaughter- houses which might be useless when completed, it ought not to be adopted. The true reading is that the licence to erect must primd facie be a licence to erect a slaughter-house which shall be used as a slaughter-house, and that there are not to be two separate licences, one for erection and another for use''" (WiLLES, J., in Anthony v. Brecon Markets Co. (1872), L. K. 7 Ex. 399 ; 41 L. J. Ex. 201 ; 26 L. T. 979 ; 31 J. P. 200 ; 21 W. K. 27). " I quite agree that where the licence of the local board is required to erect a slaughter-house, it is a licence to erect, and when erected to use " (ibid., BLACKBURN, J.). The Brecon Case was decided under the Towns Improvement Clauses Act, 1847, and a special Act, but the principle is equally applicable to cases arising under the Public Health Act, 1875, and the model byelaws. A corporation was also the local board of health under the Public Health Act, 1848 (11 & 12 Viet. c. 63). By the Local Government Act, 1858 (21 & 22 Viet. c. 98), the clauses of the Towns Improvement Clauses Act, 1847, with respect to slaughter-houses were incorporated. The effect of the clauses as incorporated was to provide that no slaughter-house shall be erected or used without a licence from the local board. By a Market Act, subse- quently passed, for the better management of the property of the corporation, a company was incorporated, in which certain property of the corporation was vested, and the Act provided that the company, with the consent of the corporation in writing under the hand of the town clerk, might erect and maintain slaughter-houses in the borough. The company erected a slaughter- FOEM OF LICENCE FOB USE AND OCCUPATION, ETC. 253 house, having previously obtained the consent of the corporation in a memorandum of a resolution under the hand of the clerk ; but the corporation, acting as a local board, afterwards refused to licence the slaughter-house. A., to whom the company had agreed to demise the tolls receivable under the Act for slaughtering cattle in the slaughter-house, brought an action against the company for not making a good title to the tolls. It was held that the consent given under the Market Act included the licence of the local board required by the Towns Improvement Clauses Act, 1847, s. 126 (Anthony v. Brecon Market Co. (ante, p. 252) ). A local Act empowered a town council to grant licences for the erection of slaughter-houses. A. applied for a licence. The market committee inspected the site, and recommended the grant. The committee passed a resolution to grant the licence, and communicated the same to A., and the resolution was confirmed by the town council. It was held, that though it was usual after- wards to grant a formal licence in a printed form, still the grant was complete on the confirmation of the resolution and the communication thereof to A., and operated as a licence (Howarth v. Manchester Corporation (1862), 6 L. T. (N.S.) 683). A licence to a market company to erect a slaughter-house on a certain site does not authorise the company to erect and use a slaughter-house on another and entirely different site (Hughes v. Trew (1877), 36 L. T. 585 ; 41 J. P. 453). Conditions of grant of licence. The form of licence specifies no special conditions on which the licence is granted ; the conditions are compliance with the requirements of the byelaws. (See s. 129 of the Towns Improvement Clauses Act, 1847, and note, p. 245.) As pointed out in the note above, a resolution of a committee confirmed by the council, and communicated to the grantee, is equivalent to a licence. 4. Every person to whom the Council may have resolved Licence for that a licence be granted for the use and occupation of any p^io premises as a slaughter-house shall be entitled to receive from slaughter- the Council a licence in the form hereunto appended, or to ( the like effect. Form of Licence for the use and occupation of Premises as a Slaughter-house. No. of licence Eeference to folio in register District [or Borough] of Whereas application has been made to us, the [Urban or Eural District or Town Council] of , by , of , for a licence for the use and occupation of certain premises as a slaughter-house : Now, we, the said Council, in pursuance of the powers conferred upon us by the statutory provisions in that behalf, do hereby licence 254 SEEIES VI. SLAUGHTER-HOUSES. the said , of , , to use and occupy as a slaughter- house the premises whereof the situation and description are set forth in the Schedule hereunto annexed. SCHEDULE. Situation of the premises to be used , Description of the premises to be used and occupied as a slaughter-house. and occupied as a slaughter-house. Given under the Common Seal of the [Urban or Eural District Council or Borough] of , this day (L.S.) of , in the year One thousand eight hundred and Clerk to the [Council or Town Clerk.] Licence for the use and occupation of a slaughter-house. The provisions of this clause should be considered in connection with clause 2 and the note thereon (p. 251). The notes on clause 3 may also be referred to as being applicable mutatis mutandis to this clause also. Duration of licences. Except where s. 29 of the Public Health Acts Amendment Act, 1890, is in force, there appears to be no power under the general law for the issue of a licence for the use and occupation of a slaughter- house for a limited time. Where, however, Part III. of the Act of 1890 has been adopted by an urban district council, or where in a rural district s. 29 of that Act has been put in force by an order under s. 276 of the Public Health Act, 1875, licences for such use and occupation " shall be in force for such time or times only, not being less than twelve months, as the [urban] authority shall think fit to specify in such licences." Where this enactment is in operation, the forms of licences prescribed by the model byelaws will require some modification. Probably, also, some slight alterations should be made in the forms of application for licences, and in the form of register (post). Change of occupation of slaughter-houses. Section 30 (3) of the Public Health Acts Amendment Act, 1890, requires notice of that section to be endorsed on all licences granted after the adoption of Part III. of the Act. The section requires that upon any change of occupation of any building within an urban district, registered or licensed for use and used as a slaughter- house, the person thereupon becoming the occupier or joint occupier shall give notice in writing of the change of occupation to the inspector of nuisances. No addition to the model byelaws is necessary in connection with this enactment. REGISTRATION OF SLAUGHTER-HOUSES. 255 5. Every person who may have obtained from the Council, Registration in accordance with the provisions of the byelaw in that behalf, a licence to erect any premises for the use and occupation as a slaughter-house, or a licence for the use and occupation of any premises as a slaughter-house, shall register such premises at the office of the Council. He shall, for such purpose, apply, by notice in writing addressed to the clerk to the Council, to register such premises ; and thereupon it shall be the duty of the clerk to the Council, within a reasonable time after the receipt of such notice in writing, to enter in a book to be provided by the Council in the form hereunto appended the particulars therein required to be specified. FORM OF REGISTER OF SLAUGHTER-HOUSES. District [or Borough] of Folio Date of Registration. Date of Licence. No. of Licence. Christian Name, Surname, anil Address of Owner or Proprietor of Slaughter- house. Christian Name, Surname, and Address of Occupier of Slaughter- house. Situation of Slaughter- house. Number of Anima lor which accommod Is provided on tli Premises. 1 ition B Registration of slaughter-houses. The registration of every slaughter- house existing as such at the time of the passing of the Public Health Act, 1875, is required by s. 127 of the Act of 1847, as incorporated with the Public Health Act. A slaughter-house which was not in use at the time referred to, or which, having been in use at that time, has not " so continued ever since," must, under s. 126, be licensed, but the statute does not expressly require it to be registered. Byelaws " for the . . . registering ... of ... slaughter-houses" may, however, be made, under s. 128, so as to affect slaughter-houses to which s. 126 applies, as well as to those within s. 127 ; and in regard to the former as well as to the latter class, the use of the register 256 Inspection of premises. SERIES VI. SLAUGHTER-HOUSES. will be found useful as supplying, in a compendious form, details which should be readily accessible to the members and officers of the district council, in the performance of their duties with respect to slaughter-houses. 6. Every occupier of a slaughter-house shall, at all reason- able times, afford free access to every part of the premises to the medical officer of health, the inspector of nuisances, or the surveyor of the Council, or to any committee specially appointed by the Council in that behalf, for the purpose of inspecting such premises. Inspection of slaughter-houses. Attention should be called to the concluding words of this byelaw. Section 131 of the Towns Improvement Clauses Act, 1847, confers upon the inspector of nuisances, the medical officer of health, " or any other officer appointed by the [district council] for that purpose," a power of entry and inspection of slaughter-houses, with a view to the detection of cattle, or the carcase, or any part of the carcase, of any beast which is unfit for the food of man ; and by s. 102 of the Public Health Act, 1875, a power of entry is given to the local authority, or any of their officers, as regards any premises, for the purpose of examining as to the existence of nuisances, and where necessary for the purpose of abating a nuisance thereon. The present clause assumes that only the officers named, or a committee specially appointed for the purpose, will act in the inspection of slaughter- house premises. It is scarcely expedient that every member of the council should be empowered to demand admission to the premises for purposes of inspection. Watering of cattle. 7. Every occupier of a slaughter-house shall cause every animal brought to such slaughter-house for the purpose of being slaughtered, and confined in any pound, stall, pen, or lair upon the premises previously to being slaughtered, to be provided during such confinement with a sufficient quantity of wholesome water. Prevention of cruelty in slaughter-houses. Section 128 of the Towns Improvement Clauses Act, 1847, requires byelaws to be made for preventing cruelty in slaughter-houses. The clauses of the model series which deal with this part of the subject are so framed as not to include any matter for which specific provision is made by any general enactment for the prevention of cruelty to animals. They merely supplement the general law, by provisions in relation to matters which especially arise in connection with the preparation for slaughter and slaughtering of cattle. Clause 7 is one of these provisions, and a very necessary one, considering the distances which cattle may be driven (possibly in hot weather) before arriving at a slaughter-house. It is undesirable to prescribe, as is sometimes proposed, that animals in a slaughter-house shall not be kept without water for more than a certain number of hours. Such a form of byelaw must, almost of necessity, fail to meet the requirements of every case, while the more general terms of the model clause demand that every animal shall be provided with a sufficiency of wholesome water. METHODS OF SLAUGHTERING VENTILATION, DRAINAGE, ETC. 257 8, Every occupier of a slaughter-house and every servant Unnecessary of such occupier and every other person employed upon the ^ prevented, premises in the slaughtering of cattle shall, before proceeding to slaughter any bull, ox, cow, heifer, or steer, cause the head of such animal to be securely fastened so as to enable such animal to be felled with as little pain or suffering as practicable, and shall in the process of slaughtering any animal use such instruments and appliances and adopt such method of slaughtering and otherwise take such precautions as may be requisite to secure the infliction of as little pain or suffering as practicable. Methods of slaughtering. In framing their model clauses "for preventing cruelty," the Local Government Board have wisely abstained from suggesting that any particular method of slaughtering should be prescribed by the byelaws of local authorities. The present clause is couched in very general terms, but, as in the case of the previous clause, its usefulness might be diminished if it were more specific in its provisions. With regard to one matter, indeed, the byelaw is sufficiently definite, viz., the fastening of the heads of bullocks, etc., before felling them, so that the slaughterer may not miss his aim through any movement on the part of the animal. As to the necessity of this there is no difference of opinion. 9, Every occupier of a slaughter-house shall cause the means Maintenance of ventilation provided in or in connection with such slaughter- tion house to be kept at all times in proper order and efficient action ; and so that the ventilation shall be by direct com- munication with the external air. 10. Every occupier of a slaughter-house shall cause the Drainage to drainage provided in or in connection with such slaughter-house to be kept at all times in proper order and efficient action. 11. Every occupier of a slaughter-house shall cause every Slaughter part of the internal surface of the walls and every part of the floor or pavement of such slaughter-house to be kept at all repair, times in good order and repair, so as to prevent the absorption therein of any blood or liquid refuse or filth which may be spilled or splashed thereon, or any offensive or noxious matter which may be deposited thereon or brought in contact therewith. He shall cause every part of the internal surface above the Lime- floor or pavement of such slaughter-house to be thoroughly w washed with hot lime-wash at least four times in every year ; that is to say, at least once during the periods between the first 258 SERIES VI. SLAUGHTER-HOUSES. and tenth of March, the first and tenth of June, the first and tenth 'of September, and the ./W and tenth of December respectively. Cleansing jje shall cause every part of the floor or pavement of such lightering, slaughter-house, and every part of the internal surface of every wall on which any blood or liquid refuse or filth may have been spilled or splashed, or with which any offensive or noxious matter may have been brought in contact during the process of slaughtering or dressing in such slaughter-house, to be thoroughly washed and cleansed within three hours after the completion of such slaughtering or dressing. Ventilation, drainage, cleansing, and repair of slaughter-houses. The byelaws cannot require structural works in connection with slaughter- houses, hut they may and should provide " for keeping the same in a cleanly and proper state"; and it is absolutely necessary to a slaughter-house being so kept that the means of ventilation and drainage should at all times be in proper order and efficient action, and the building generally in a good state of repair. The model byelaws require this ; and although they do not refer to the execution of structural works, it would seem that if the means of ventilation or drainage required renewing in order to make it possible that they should be kept in efficient action, the district council could indirectly, by means of these byelaws, practically enforce the execution of such works as were necessary to the proper ventilation or drainage of the premises. At the same time it should be remembered that, speaking generally, the opportunity for insisting on the execution of any necessary structural works or alterations in a slaughter-house only presents itself to the council when application is made to them to licence the slaughter-house. As to this, reference may again be made to the memorandum of the Local Government Board prefixed to the model series, and to the note on p. 249. The second and third paragraphs of clause 11 are clearly provisions for keeping the slaughter-house in a cleanly and proper state, and they are based on the specific recommendations of Dr. Ballard in his report on Effluvium Nuisances referred to at p. 245. The object of requiring the limewashing to be performed between certain specified dates is to enable the officers of the district council by inspection between those dates to satisfy themselves that the requirement has been complied with. Dogs not to 12. An occupier of a slaughter-house shall not at any time slaughter" keep anv ^> Or cause or suffer any dog to be kept in such house. slaughter-house. Keeping of He shall not at any time keep, or cause or suffer to be kept ?herdn. nimals i n such slaughter-house any animal of which the flesh may be used for the food of man, unless such animal be so kept in preparation for the slaughtering thereof upon the premises. He shall not at any time keep any cattle, or cause or suffer any cattle to be kept in such slaughter-house for a longer REMOVAL OF HIDES, OFFAL, ETC. 259 period than may be necessary for the purpose of preparing such cattle, whether by fasting or otherwise, for the process of slaughtering. If, at any time, he keep, or suffer to be kept in such slaughter- house any cattle for the purpose of preparation, whether by fasting or otherwise, for the process of slaughtering, he shall not cause or suffer such cattle to be confined elsewhere than in the pounds, stalls, pens, or lairs provided on the premises. Danger of keeping dogs in slaughter-houses. The first paragraph of clause 12 of the model byelaws is one of the most important in the series. It has for its object the prevention of the spread of parasitic disease, highly injurious to man, by means which will at once suggest themselves to the medical officers of local authorities. For example, the taenia echinococcus specially affects the dog. The ova may find their way into the human body by means of the drinking water, or by the leaves and stems of young vegetables. The cysticercus developed from these ova is in the human subject a dangerous parasite known under the name of hydatid. The disease is liable to affect sheep, the echinococci of which, developed in the liver or other organs, are devoured as offal by dogs which are allowed to enter the slaughter-house. In addition to this risk, the exclusion of dogs from slaughter-houses is clearly desirable on the grounds of cleanliness. The byelaw is obviously one for keeping slaughter-houses " in a cleanly and proper state." Prohibition of keeping fowls. On medical grounds it is desirable to secure that fowls shall not be kept in a slaughter-house, as the birds are liable to develope tubercle through eating tuberculous offal, etc., which they may pick up in the slaughter-house. It may be considered that clause 12 of the model byelaws does not very clearly (if at all) provide against the danger above indicated ; and to meet this point, the following addition may be suggested for insertion between the second and third paragraphs of the clause : He shall not at any time keep any fowl, or cause or suffer Keeping of any fowl to be kept in such slaughter-house. 13. Every occupier of a slaughter-house shall cause the hide Removal of or skin, fat, and offal of every animal slaughtered on the ^ le8 ' offa1 ' premises to be removed therefrom within twenty-four hours after the completion of the slaughtering of such animal. Removal of hides, offal, etc. There should be no difficulty in securing the removal of the hides and offal of slaughtered beasts from the slaughter- house, within the time prescribed by this byelaw. If kept longer, special precautions would be necessary for the prevention of nuisance, such, for example, as the brushing of the hides on the fleshy side with some antiseptic solution. While retained in the slaughter-house, the fat should be deposited s 2 260 SERIES VI. SLAUGHTER-HOUSES. in a cool place, which is freely exposed to the air. The offal, on the other hand, should be placed in galvanized iron receptacles and closely covered, ready for immediate removal. Water 14. Every occupier of a slaughter-house shall cause the supply- means of water supply provided in or in connection with such slaughter-house to be kept, at all times, in proper order and efficient action, and shall provide for use on the premises a sufficient supply of water for the purpose of thoroughly washing and cleansing the floor or pavement, every part of the internal surface of every wall of such slaughter-house, and every vessel or receptacle which may be used for the collection and removal from such slaughter-house of any blood, manure, garbage, filth, or other refuse products of the slaughtering of any cattle or the dressing of any carcase on the premises. Water supply of slaughter-houses. The water supply of a slaughter- house being of the first importance, with a view to its being kept " in a cleanly and proper state," careful attention should be given to the matter by the local authority before issuing any licence under s. 126 of the Towns Improvement Clauses Act, 1847. Proper provision having been made under this head, clause 14 of these byelaws requires that the means of supply shall be kept in proper order, and that the quantity of water available shall be sufficient for the purposes of paragraph 3 of clause 11, and the corresponding paragraph of clause 15. Collection 15. Every occupier of a slaughter-house shall provide a o"bioSdItc. su ffi c i ent number of vessels or receptacles, properly constructed of galvanized iron or other non-absorbent material, and fur- nished with closely fitting covers, for the purpose of receiving and conveying from such slaughter-house all blood, manure, garbage, filth, or other refuse products of the slaughtering of any cattle or the dressing of any carcase on the premises. He shall forthwith upon the completion of the slaughtering of any cattle or the dressing of any carcase in such slaughter- house cause such blood, manure, garbage, filth, or other refuse products to be collected and deposited in such vessels or recep- tacles, and shall cause all the contents of such vessels or receptacles to be removed from the premises at least once in every twenty-four hours. veSufed He sna11 cause ever Y such vessel or receptacle to be thoroughly l?on U and llee ~ cleansed immediately after such vessel or receptacle shall have removal. been ug ed for such collection and removal, and shall cause every PENALTIES. 261 such vessel or receptacle when not in actual use to be kept thoroughly clean. Vessels for collection and removal of blood, etc. Dr. Ballard, in the report referred to at p. 245, urges that care should be taken, during the process of slaughtering, to prevent the discharge of blood and other animal matters upon the floor of the slaughter-house, that the emptying of the contents of the viscera should be performed in a separate place, and that all filth should be swept up and taken away at short intervals. Blood, offal, dung, and other garbage, should always be placed in vessels such as are required to be provided by this byelaw, and, without unnecessary delay, removed in those vessels from the premises. The clause requires such removal " at least once in every twenty-four hours," and the terms of s. 128 of the Towns Improvement Clauses Act, 1847, do not admit of any other period being specified. There is usually a sufficient demand for the offal, gut, blood, and other refuse products of slaughtering, to render compliance with these requirements an easy matter. But in any case, they should be regularly enforced for the keeping of the slaughter-house in a cleanly and proper state. Nuisances arising from slaughter-house filth. "The essentials of slaughtering, so as to avoid nuisances, are scrupulous cleanliness of the slaughter-house and pound, of the atmosphere of both, and of all utensils, and the speedy removal of all decomposable matters " (Report of Dr. Ballard on Effluvium Nuisances, as to which see p. 245). An addition to clause 15 of the model series of byelaws is sometimes proposed, requiring the refuse matters referred to in the byelaw to be removed to a place away from the slaughter-house, and at a distance from houses. It should, however, be observed that the byelaws authorised by s. 128 of the Towns Improvement Clauses Act, 1847, cannot regulate matters outside the slaughter-house. " The prevention of nuisances arising from . . . [slaughter-house] filth " should be dealt with by byelaws under the second paragraph of s. 44 of the Public Health Act, 1875 (see clauses 4 9 of the model series as to nuisances, pp. 3340, and the note, p. 30, as to byelaws under s. 26 (1) of the Public Health Acts Amendment Act, 1890). Reference may also be made to the provisions of s. 28 of the Town Police Clauses Act, 1847 (10 & 11 Viet c. 89), incorporated with the Public Health Act, 1875, by s. 171 of that Act. 16, Every person who shall offend against any of the fore- Penalties, going byelaws for the registering and inspection of slaughter- houses, for preventing cruelty therein, for keeping the same in a cleanly and proper state, for removing filth at least once in every twenty-four hours, and for requiring such slaughter- houses to be provided with a sufficient supply of water, shall be liable for every such offence to a penalty of five pounds, and in the case of a continuing nuisance to a penalty of ten shillings for every day during which such nuisance shall be continued after the conviction for the first offence : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may if they think fit, adjudge 262 SERIES VI. SLAUGHTER-HOUSES. the payment as a penalty of any sum less than the full amount of the penalty imposed by this byelaw. Application of penalty clause. The penalty clause of this series applies to an infraction of any of the byelaws comprised in the series, except those as to the licensing of slaughter-houses (Nos. 1 to 4). An explanation of this is given in a note on p. 245. A person using the premises is liable. An owner may " use " by letting others come and slaughter on the premises (cf. E. v. Heyworth (1866), 14 L. T. (N.S.) 600 ; 30 J. P. 423). A market company, after the Public Health Act, 1848, had been applied to the district, erected a building in which they allowed persons to slaughter cattle on the payment of two shillings a head, the company finding the tackle attached to the building, but the persons slaughtering bringing their own implements. The company did not obtain the sanction of the local board, and it was held that they were liable under s. 126 of the Towns Improvement Clauses Act, 1847 (Liverpool New Cattle Company v. Hodson (1867), 2 Q. B. 131 ; 36 L. J. M. C. 30 ; 15 L. T. 534 ; 15 W. R. 563 ; 31 J. P. 245). In B. v.Baynor (1898), 62 J. P. 793, the prisoner was convicted of perjury for falsely swearing that premises, which had neither been registered nor licensed as a slaughter-house, had not been used for slaughtering cattle, when in fact they had been so used. Liability for servants' acts. Certain byelaws made it an offence for the licensed occupier of a slaughter-house to slaughter sheep in the pound of the slaughter-house or in view of other sheep. During the absence of the licensed occupier of the slaughter-house, his foreman, in direct disobedience of his orders, and in order to save himself trouble, slaughtered a sheep in the pound in view of other sheep. It was held that the licensed occupier was guilty of an offence under the byelaws, for he was liable for the act of his servant, that act having been committed within the general scope of his employment, although contrary to the orders of his master (Collman v. Mills, [1897] 1 Q. B. 397 ; 61 J. P. 102 ; 66 L. J. Q. B. 170 ; 75 L. T. 590 ; 18 Cox C. C. 481 ; 13 T. L. E. 122). Amount of penalties. The amounts inserted in the byelaw are those mentioned in s. 128 of the Towns Improvement Clauses Act, 1847. They should not be increased. Repeal of Byelaws. Repeal. ^* From and after the date of the confirmation of these byelaws, the byelaws relating to slaughter-houses, which were made on the day of in the year one thousand eight hundred and by the and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] shall be repealed. Repeal of byelaws. If there are in force in the district any byelaws with respect to slaughter-houses, and the district council are desirous of repealing such byelaws, the blanks in this clause should be filled, and the clause added to the series. SERIES VII. HACKNEY CARRIAGES. ( 265 ) HACKNEY CARRIAGES. MEMOBANDUM. BY section 171 of the Public Health Act, 1875 (38 &io&iiVict 39 Viet. c. 55), it is enacted that the provisions of the Town ' ' Police Clauses Act, 1847 (10 & 11 Viet. c. 89), with respect to c . 55, s. 171. certain matters, among which are included hackney carriages, shall, for the purpose of regulating such matters in urban districts, be incorporated with the Public Health Act, 1875. In two important particulars the incorporated provisions are amended by section 171. The expression " within the pre- scribed distance" which frequently occurs in those provisions, and of which no interpretation was supplied by the Local Government Acts, is now defined as meaning within any urban district. The effect of this amendment is to obviate much uncertainty as to the limits within which the power of the Sanitary Authority to regulate hackney carriages could be exercised. An amendment has also been introduced with the view of limiting the duration of the licences of drivers of hackney carriages. In this respect the licences of drivers will be held under the same conditions as those formerly applicable to the licences of proprietors only, that is to say, a driver's licence will be in force for one year only from the date of the licence, or until the next general licensing meeting, where a day for such meeting is appointed. In connection with the subject of byelaws the provisions of sections 38 and 68 of the 10 & 11 Viet. c. 89 may be specially considered. Of these sections the former supplies the definition of a Definition of " hackney carriage," and is in the following terms : carriage.^ " Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance [i.e., within any urban district (38 & 39 Viet. c. 55, sect. 171)], and 2G6 SERIES VII. HACKNEY CARRIAGES. every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act ; and in all proceedings at law or otherwise the term ' hackney carriage ' shall be sufficient to describe any such carriage; provided always, that no stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and duly licensed for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches, shall be deemed to be a hackney carriage within the meaning of this Act." A doubt having arisen as to whether, since the passing of the 32 Viet. c. 14, the proviso in section 38 of the 10 & 11 Viet. c. 89 still operates so as to exclude from the class of hackney carriages the stage coaches therein described, the Board found it necessary to consult the law officers of the Crown upon the question. The Board have been advised that, notwithstanding the 32 Viet. c. 14, a stage coach or carriage standing or plying for passengers to be carried for hire at separate fares cannot be deemed a hackney carriage within the meaning of the 10 & 11 Viet. c. 89, sect. 38, and that for the regulation of such stage coaches the Sanitary Authority are not empowered to make byelaws for any of the purposes specified in section 68. 10 89 1 1 eg 01 ' ^ *^ e l ast ~ men ti ne d section it is enacted that the Com- missioners (Urban Sanitary Authority) may " from time to time (subject to the restrictions of this and the special Act) make byelaws for all or any of the purposes following ; (that is to say), " For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance [i.e., within any urban district (38 & 39 Viet. c. 55, sect. 171)] , in their several employments, and deter- mining whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling : " For regulating the manner in which the number of each carriage corresponding with the number of its licence shall be displayed : MEMORANDUM. 267 " For regulating the number of persons to be carried by such hackney carriages, and in what manner such number is to be shown on such carriage (sic), and what number of horses or other animals is to draw the same, and the placing of check strings to the carriages, and the holding of the same by the driver, and how such hackney carriages are to be furnished or provided : "For fixing the stands of such hackney carriages, and the distance to which they may be compelled to take passengers, not exceeding the prescribed distance : " For fixing the rates or fares, as well for time as distance, to be paid for such hackney carriages within the pre- scribed distance, and for securing the due publication of such fares : " For securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof." For all these purposes, with one exception, provision has Number of been made in the model byelaws. The Board have not thought persons to be carried by it necessary to suggest any byelaw for regulating the manner hackney in which the number of persons to be carried by a hackney carna g e - carriage is to be shown on the carriage. For this purpose section 51 of the 10 & 11 Viet. c. 89 fully provides. JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1877. Local authorities competent to make the byelaws. As s. 171 of the Public Health Act, 1875, incorporates the provisions of the Town Police Clauses Act, 1847, with respect to hackney carriages, for the purpose of regulating such carriages in urban districts only, it will be necessary for any rural district council desirous of adopting the model byelaws on the subject, to apply to the Local Government Board to be invested with the powers of an urban authority in the matter. In connection with any such application the instructions contained in the Introduction should be observed. Byelaws on this subject cannot be made by any district council within the limits of the metropolitan police district, by reason of the special provisions in force with respect to hackney carriages within that area. As regards other places, the model byelaws appear to incorporate the most important of these provisions so far as they relate to matters within the scope of s. 68 of the Act of 1847. Licensing. Section 68 ot the Town Police Clauses Act, 1847, does not authorise the making of any byelaws with reference to the licensing of hackney 268 SEBIES VII. HACKNEY CARRIAGES. carriages, or of the drivers of such carriages. The provisions on this subject are contained in ss. 37 to 50 inclusive, of the Act of 1847, and the last paragraph of s. 171 of the Public Health Act, 1875. To what carriages the byelaws apply. As pointed out in the memorandum of the Local Government Board, the present series of byelaws is inapplicable to stage coaches standing or plying for passengers to be carried for hire at separate fares. Except under some local enactment, byelaws as to such vehicles can only be made under s. 6 of the Town Police Clauses Act, 1889. Subject to this, however, any wheeled carriage answering the description in s. 38 of the Act of 1847 (see ante, p. 265), is to be deemed to be a hackney carriage ; and the model series is drawn so as to include not only every kind of wheeled vehicle to which the definition in that section applies, and which is drawn by horse?, ponies, or mules, but also to donkey- carriages, goat-chaises, and bath chairs. In Hickman v. Birch (1889), 24 Q. B. D. 172 ; 59 L. J. M. C. 22 ; 62 L. T. 113 ; 54 J. P. 406, a case arising under the Customs and Inland Revenue Act, 1888, where " hackney carriage " means "any carriage standing or plying for hire," it was held that an ordinary omnibus running along a fixed route is a " hackney carriage " within the meaning of that Act. In Bateson v. Oddy (1874), 43 L. J. M. C. 131 ; 30 L. T. 712 ; 22 W. R. 703, it was held under a local Act (which did not define the expression " hackney carriage ") that a hackney carriage is one which is offered for public hire to anyone who chooses to engage it, though it stands for that purpose in a private yard ; it is not necessary that it should be exposed for hire in the public streets. See also Cloud v. Turf cry (1824), 9 Moore, 595 ; 2 Bing. 318 ; 3 L. J. (o.S.) C. P. 16. The model series of byelaws issued by the Local Government Board do not include any byelaws as to omnibuses ; but see Model Byelaws, vol. ii. With regard to " auto-cabs," see the Locomotives on Highways Act, 1896 (59 & 60 Viet. c. 36), under which such cabs are to be deemed carriages within the meaning of any Act of Parliament, whether public, general, or local, and of any rule, regulation, or byelaw made under any Act of Parliament ; and if used as carriages of any particular class, are to be deemed to be carriages of that class, and the law relating to carriages of that class is to apply accordingly. Regulations affecting such vehicles were made by the Local Government Board, under s. 6 of this Act, on November 9th, 1896. See notes on clauses 9, 21, 23, of the present series, as regards certain matters dealt with in these regulations. The regulations have full effect notwithstanding anything in any other Act, whether general or local, or any byelaws or regulations made thereunder (59 & 60 Viet. c. 36, s. 6 (2) ). Licence. The council have a discretion to license such number of hackney carriages to ply within their area as they think fit. On this point, see the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89), ss. 37 et seq. A licence for hackney carriages, granted by the Commissioners of Stamps under 2 & 3 Will. 4, c. 120, does not dispense with the necessity of a licence under the Town Police Clauses Act, 1847 ; the first being required for the purpose of revenue, the second for the purpose of police (Buckle v. IVrighton, (1864), 5 B. & S. 854 ; 34 L. J. M. C. 43 ; 11 Jur. (N.S.) 280 ; 11 L. T. 341 ; 13 W. R. 92). The council have also a discretion as to the persons whom they shall licence as drivers (Town Police Clauses Act, 1847, ss. 46 et seq. (cf. Ex parte Mitcham (1864), 5 B. & S. 585 ; 33 L. J. Q. B. 325 ; 10 Jur. (N.S.) 1254 ; 10 L. T. 537 ; MEMORANDUM. 269 12 W. R. 983 ; Banton v. Davies (1891), 56 J. P. 294 ; 66 L. T. 192 ; 17 Cox C. C. 469) ). The council may require the applicant to attend in person (Banton v. Davies, supra). An information was laid by an inspector against the defendant for unlaw- fully driving a stage coach without having obtained a licence. The defendant was in the employment of a carriage proprietor as a stage coach driver. The licensing committee of the council passed a resolution requiring drivers who desired their licences renewed to apply to the committee in person. The manager for the proprietor applied to the licensing committee for the renewal of, amongst others, the defendant's licence. The committee refused to consider any application unless the applicant attended personally. No complaint was made against the defendant personally. The defendant subsequently acted as driver without a licence. The justices held that the defendant had failed to obtain a licence in consequence of the committee refusing to hear his applica- tion, although they had no complaint against him, and that under the circumstances the charge was trivial, and they accordingly dismissed it. On appeal, the High Court held that the justices were wrong, and should have convicted, for there had been a breach of the law, and that the council had a right to insist on the personal attendance of the applicants, the possession of a driver's licence being a personal privilege (Banton v. Davies, supra). Under s. 48 of the Town Police Clauses Act, 1847, the proprietor retains possession of the driver's licence whilst the driver remains in his employ, and must produce it before justices on complaint. He is not justified in writing on the licence the ground on which he discharged a conductor (Rogers v. Macnamara (1853), 14 C. B. 27 ; 2 C. L. R, 569 ; 23 L. J. C. P. 1 ; 17 Jur. 1166; 2 W. R. 19), and it is unnecessary to allege that the words were written maliciously (Hurrell v. Ellis (1845), 2 C. B. 265 ; 15 L. J. C. P. 18 ; 9 Jur. 1013. See also Norris v. Birch, [1895] 1 Q. B. 639 ; 64 L. J. M. C. 91 ; 72 L. T. 491 ; 43 W. R. 271 ; 15 R. 222 ; 18 Cox C. C. 123). The council may suspend or revoke the licence of a proprietor or driver on a second conviction (Town Police Clauses Act, 1847, s. 50). Standing or plying for hire. These words mean that the carriage is at the disposal of any one of the public who may think fit to hire it (cf. KELLY, C.B., in Case v. Storey (1869), L. R. 4 Ex. 319 ; 38 L. J. M. C. 113 ; 20 L. T. 618 ; 17 W. R. 802 ; 33 J. P. 470). Accordingly, where a cabman was standing with a hackney carriage ready for the conveyance of passengers, and was hailed by a person, upon which he drove the carriage across the street, and took up the person so hailing him, this was held to be a plying for hire (Skinner v. Usher (1872), L. R. 7 Q. B. 423 ; 41 L. J. M. C. 158 ; 26 L. T. 430 ; 20 W. R. 659). M., failing to obtain a licence for an omnibus, as required by the Town Police Clauses Act, 1847, s. 45, started an omnibus which went on the same route, and affixed notices that " this bus is free of charge, but voluntary contributions will be welcomed." The result was that passengers paid nearly the same amount as if M. had been licensed. It was held that M. " plied for hire" (Cocks v. Mayner (1894), 10 R. 467 ; 58 J. P. 104 ; 70 L. T. 403 ; 17 Cox C. C. 745). By s. 38 of the Town Police Clauses Act, a licence is required for every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street, and "street," as defined by e. 3 of that Act, extends to and includes any road, square, court, alley, and thoroughfare, or public passage within the limits of the special Act (i.e., the urban district (Public Health Act, 1875, s 171) ). It was held, under the Hackney Carriage 270 SERIES VII. HACKNEY CARRIAGES. Acts (1 & 2 Will. 4, c. 22 and 16 & 17 Viet. c. 33), where the expression is " in any public street or place," that a hackney carriage, while on the premises of a railway company, by their leave, for the accommodation of passengers by their trains, is not plying for hire in a street, the stations being private property (Case v. Storey, ante, p. 269). It follows that a driver of a carriage cannot imder those Acts be compelled to convey any person desirous of hiring it on private property (ibid.). " Street," in this connection, means a place over which the public have a right of passage. A piece of ground adjoining a railway station, and belonging to the company, metalled and separated from the highway only by a gutter, was used as an approach to the railway station. Private carriages were allowed to stand there, but no hackney or public carriages except those of the appellant, the appellant, by agreement with the company, having the sole right of standing carriages there for the purpose of plying for hire. The appellant having been convicted in a penalty for allowing his carriages to ply there for hire without a licence, it was held that the place was not a street within s. 3 of the Town Police Clauses Act, 1847, the public having no right of passage over it ; the conviction was therefore wrong (Curtis v. Embery (1872), L. R. 7 Ex. 369 ; 42 L. J. M. C. 39 ; 21 W. R. 143). The Town Police Clauses Act, 1889 (52 & 53 Viet. c. 14) amends the provisions relating to hackney carriages of the Town Police Clauses Act, 1847. The term " omnibus," as used in that Act, includes " every omnibus, char-a-banc, waggonette, brake, stage coach, and other carriage plying or standing for hire by or used to carry passengers at separate fares to, from, or in any part of the prescribed distance " (i.e., the urban district (Public Health Act, 1875, s. 171)), but does not include a tram car; a carriage starting from or previously hired lor the particular passengers thereby carried at any livery stable yard (within the prescribed distance) whereat horses are stabled and carriages let for hire, the said carriage starting from the stable yard, and being bond fide the property of the occupier thereof, and not standing or plying for hire within the district ; an omnibus belonging to or hired by a railway company for conveying passengers to or from any railway station of the company, and not standing or plying for hire within the district ; and an omnibus starting from outside the district, and bringing passengers within the district, and not standing or plying for hire within the district. It will be observed that the words are not, as in the Act of 1847, " standing or plying for hire in a street," but simply " standing or plying for hire." An omnibus may therefore be standing or plying for hire while it is on private property, such as a railway station. The decisions under the Metropolitan Public Carriage Act, 1869 (32 & 33 Viet. c. 115), where there is also no modifying expression such as " in a street," may be referred to, as illustrating the effect of this enactment. A carriage, whilst on the premises of a railway company, under a contract with them to await the arrival of their trains, for the con- veyance of any passenger who chooses to hire it, is plying for hire within the Metropolitan Carriage Act, 1869 ; and is therefore a hackney carriage, and must be licensed (Clarke v. Stanford (1871), L. R. 6 Q. B. 359 ; 40 L. J. M. C. 151 ; 24 L. T. 389 ; 19 W. R. 846 ; 35 J. P. 695). COCKBURN, C. J., laid it down, that " where a person has a carriage ready for the conveyance of passengers, in a place frequented by the public, he is plying for hire, although the place is private property. The public is entitled to travel by railway, and has a right to pass over the premises of the company to get out, and if a man is standing on these premises with his carriage to take the public, he is plying for hire." This case was followed in Allen v. Tunbridge (1871), L. R. MEMORANDUM. 271 6 C. P. 481 ; 40 L. J. M. C. 197 ; 35 J. P. 695, where the circumstances were similar. In Foinett v. Clark and Another (1877), 41 J. P. 359, the appellant C. was a job master, and rented from a railway company a portion of an office at a station in the metropolis. He also paid nine shillings a week for the exclusive use of a strip of ground inside the station, opposite another strip, also inside the station, where certain hackney and private carriages were allowed to wait for passengers arriving by rail. On the portion exclusively used by him, C. kept landaus and broughams ready horsed for the convenience of travellers who might wish for vehicles of a superior class. L., the driver, who was the other appellant, had orders not to solicit custom, but to direct any person who wished to hire him to the office where a ticket was obtained, filled up with the name of the hirer, the date, etc. Tt was held that both C., as owner, and L., as the driver, were liable for having an unlicensed hackney carriage plying for hire. Number of persons to be carried. Section 51 of the Town Police Clauses Act, 1847, (referred to in the last paragraph of the above memorandum) requires the number of persons to be carried by a hackney carriage to be painted on a plate placed on some conspicuous place on the outside of such carriage, and s. 52 imposes a penalty for non-compliance with this requirement. A byelaw " for regulating ... in what manner such number is to be shown on such carriage," appears therefore to be quite unnecessary, Confirmation of the byelaws. Byelaws made under s. 68 of the Town Police Clauses Act, 1847, by virtue of the incorporation of that Act with the Public Health Act, 1875, require the confirmation of the Local Government Board, and do not require any other confirmation, allowance or approval (47 & 48 Viet. c. 12). ( 272 ) Interpreta- tion. Conduct of proprietors and drivers. SEEIES VII. HACKNEY CAEEIAGES. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval before they are adopted by the local authority.] BYELAWS MADE BY THE * WITH EESPECT TO HACKNEY CARRIAGES IN THE f Interpretation of terms. 1. Throughout these byelaws the expression " the Council," means the * , and the expression " the District " means the t Interpretation of terms This clause should be inserted, although it does not at present form part of the model series as printed. The following clauses should be renumbered. For regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments, and determining whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling. 1. Every proprietor or driver of a hackney carriage shall, at all times, when standing, plying, or driving for hire, conduct himself in an orderly manner, and with civility and propriety towards every person seeking to hire, or hiring, or being conveyed in such carriage; and shall comply with every reasonable requirement of any person hiring or being conveyed in such carriage. Byelaws for regulating the conduct of proprietors and drivers. In framing the model clauses for regulating the conduct of proprietors and * " Mayor, aldermen, and burgesses of the borough of council " ; or, "Urban [or Rural] District Council of , acting by the as the case may be. f Invert name of borough or urban or rural district, or if the byelaws are to apply to part only of a rural district, " that portion of the Rural District of which comprises the contributory places of " ; as the case may be. REGULATING CONDUCT OF PROPRIETORS AND DRIVERS. 273 drivers of hackney carriages, the Local Government Board have construed the term " conduct " in a wider sense than that in which it would ordinarily be used. The fifteen clauses which they have prepared under this head, not only forbid disorderly behaviour on the part of proprietors and drivers, and require them to be civil towards persons hiring or seeking to hire their carriages ; but the clauses provide as to such matters as the feeding of horses in the streets, the placing of carriages on stands, the rate of speed where the hiring is by time, the conveyance of dead bodies in carriages, the lighting of lamps, and the condition of horses and harness. Section 61 of the Town Police Clauses Act provides a penalty for drunkenness, wanton and furious driving, and other wilful misconduct on the part of drivers. See also s. 63, as to compensation for damage to persons or property caused by the drivers of carriages let to hire. Other provisions, affecting the conduct of proprietors and drivers, are contained in ss. 48 to 64 of the Act. 2. A driver of an open hackney carriage shall not, at any Smoking time when driving for hire, smoke tobacco or any other like pro substance, without the permission of the person hiring and being conveyed in such carriage. Prohibition of smoking. The byelaw, as drawn, only applies to open carriages. There would seem to be no reason why it should not be made to apply to all hackney carriages, by the omission of the word " open." 3. A proprietor or driver of a hackney carriage shall not in Feeding of any street feed or allow to be fed any horse or other animal ^ greets. ' harnessed or otherwise attached to such carriage except with food contained in a proper bag, or other receptacle suspended from the head of such horse or animal, or with hay held in and delivered with the hand of the person feeding such horse or other animal. Feeding of horses, etc., in the streets. The prohibition of feeding horses or other animals otherwise than as mentioned in the byelaw applies only to feeding in any " street," as denned by s. 3 of the Town Police Clauses Act, 1847. The object of the clause would seem to be to prevent the obstruction which results from food being given to the animals in boxes, baskets, etc., standing upon the ground. On a stand, for example, the use of such receptacles would prevent the carriages being drawn forward in succession, as required by the model clause 10. A similar provision is in force in the metropolis (1 & 2 Will. 4, c. 22, s. 51). 4. A driver of a hackney carriage drawn by a horse or horses, Loitering pony or ponies, mule or mules, ass or asses, when plying for pro hire and not actually hired, shall not cause such carriage to loiter in any public thoroughfare. Loitering in and obstruction of public thoroughfares This clause, in conjunction with clause 10, is probably dt/si^m-d to prevent "crawlin-." 274 SEMES VII. HACKNEY CAERIAGES. Touting prohibited. Driver to obey constable directing traffic. Section 28 of the Town Police Clauses Act, 1847, provides for obstructions occasioned by hackney carriages standing elsewhere than upon a stand for a longer time than is necessary for loading or unloading goods, or for taking up or setting down passengers, and for the wilful obstruction by a driver of any public thoroughfare. Section 64 of the Act also applies to a hackney carriage driver improperly standing with his carriage, or refusing to give way to, or obstructing any other driver, etc. The present clause does not apply to bath-chair men, or goat-chaise drivers. 5. A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not, by calling out or otherwise, importune any person to hire such carriage to the annoyance of such person or of any other person. Prohibition of touting. Touting for fares is not treated by the byelaws as an offence, unless it be carried on to the annoyance of any person. Without some such qualification, the byelaw might be regarded as unreasonable, in view of the penalty which it carries. 6, Every driver of a hackney carriage who shall convey any person to or from any place of public worship, amusement, or resort, or who shall for such purpose be in waiting with such carriage at or near to any such place, shall, as regards the manner of taking up or setting down any passenger, or of waiting for such purpose, comply with the directions of every constable authorised to keep order and prevent obstruction of the streets in the neighbourhood of such place. Direction of traffic near theatres, etc Section 21 of the Town Police Clauses Act, 1847, enables the district council to give directions to constables for keeping order and preventing any obstruction of the streets in the neigh- bourhood of theatres and other places of public resort ; and s. 62 of the same Act imposes a penalty on a driver leaving a hackney carriage unattended at any place of public resort or entertainment, and enables a constable to drive the carriage away to a place of safe custody. Section 64 of the Act may also be referred to. Conveyance of corpses. 7. Every proprietor or driver of a hackney carriage who shall knowingly convey in such carriage the dead body of any person shall, immediately thereafter, notify the fact to the inspector of nuisances. Conveyance of corpses. The conveyance of a dead body in a hackney carriage (even when the person has died of an infectious disorder) not being provided for by the Public Health Acts, the Local Government Board have framed this clause, as a byelaw "for regulating the conduct of proprietors and drivers of hackney carriages." The action which the inspector of nuisances will take on the notification to him of a hackney carriage having REGULATING CONDUCT OF PROPRIETORS AND DRIVERS. 275 been used for the conveyance of a dead body, should be determined, with reference to the circumstances of the case, by general directions given him by the district council. Where the body conveyed is that of a person known or suspected to have died of an infectious disease, they will, no doubt, instruct him to see that the carriage is properly disinfected. With regard to places where the Infectious Disease (Prevention) Act, 1890 (53 & 54 Viet. c. 34), is in force, the provisions of s. 11 of that Act will apply. Conveyance of infected persons. It might be well to consider whether this clause should not be made to apply to cases where the driver knowingly conveys persons suffering from any infectious disorder. There appears to be nothing to prevent such an extension of the clause. 8, Every driver of a hackney carriage of such a size and Luggage, construction as to be adapted to the conveyance therein or thereon of a reasonable quantity of luggage shall, when requested by any person hiring or seeking to hire such carriage, convey therein or thereon such quantity of luggage and shall afford all reasonable assistance in loading and unloading any such luggage conveyed in or upon such carriage and belonging to or in the charge of any person hiring or being conveyed in such carriage. Every such driver shall also afford all reason- able assistance in removing such luggage to or from any door or entrance of any house, station, or place at which he may take up or set down any such person. Conveyance of luggage. The quantity of luggage that a driver can properly be required to carry, must necessarily depend to a great extent upon the size and character of his vehicle, the condition of his horse, and the bulk and weight of the luggage. The provision that he shall carry " a reasonable quantity" is, therefore, more generally applicable than one specifying a maximum weight would be. Moreover, the form of the present clause is supported by ss. 10 and 17 (1) of the 16 & 17 Viet. c. 33, which is in force in the metropolis. The model byelaws do not contemplate a separate charge for luggage. See notes, " Extra Payments," " Luggage," on clause 26 of this series, pp. 287, 288. A bicycle has been held not to be ordinary luggage which a railway com- pany is bound to carry free of charge (Britten v. Great Northern Bail. Co. (1898), 15 T. L. K. 71) ; and a county court judge in the metropolis has held that a bicycle is not passenger luggage, so that in the absence of special contract, the owner of a bicycle is not entitled to recover in respect of damage done to it while being carried in a cab (Jackson v. Jeffery (1897), 61 J. P. 667). 9. Every driver of a hackney carriage who shall have been speed when hired by time shall, except in any case where the nature or ^ condition of the road or any other sufficient cause may render such speed impracticable, drive such carriage at such speed as may be required by the person hiring or being conveyed in T 2 276 SERIES VII. HACKNEY CARRIAGES. such carriage, but not exceeding in any case the rate of four miles within one hour. Bate of speed. In the case of hiring by time, it is usually considered desirable to fix the maximum speed which the hirer is entitled to demand of the driver. " Four miles an hour " is not an excessive rate of speed, and if the fares for time and distance are properly proportioned, the rate might very well be increased to, say, six miles an hour (cf. ss. 7 and 17 (2) of 16 & 17 Viet, c. 33). The case of hilly, slippery, or other roads which are difficult for traffic, is met by the provision referring to the nature and condition of the road, etc. " Furious driving " can be dealt with under s. 28 of the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89). For an "auto-cab" the maximum rate of speed allowed by the Locomotives on Highways Act, 1896 (59 & 60 Viet. c. 36), and the regulations made thereunder by the Local Government Board, is twelve miles an hour. Regulations JQ. Every driver of a hackney carriage drawn by a horse or as to use of , . , , stands. horses, pony or pomes, mule or mules, ass or asses, when plying for hire and not actually hired, shall station such carriage on some one of the stands appointed or hereafter to be appointed by the Council. Such driver shall not station such carriage on any stand which, at the time of his arrival at such stand, may be occupied by the full number of carriages authorised to occupy such stand. Such driver, on arriving at any such stand not already occupied by the full number of carriages authorised to occupy such stand, shall station such carriage immediately in the rear of the carriage or carriages already occupying such stand, and in such a position that the head or heads of the animal or animals harnessed to such carriage shall be turned in the same direction as the head or heads of the animal or animals harnessed to any carriage stationed on such stand immediately before such last-mentioned carriage. When a hackney carriage shall be called or driven off any stand, the driver of any carriage stationed on such stand immediately in the rear of the carriage so called or driven off shall cause the carriage so stationed to be drawn forward, so as to fill the place previously occupied by the carriage called or driven off such stand. The drivers of the several carriages stationed on such stand in the rear of the carriage so drawn forward shall, in succession, cause their carriages to be drawn forward, so that each carriage shall, in succession, fill the place which shall have been REGULATING CONDUCT OF PROPRIETORS AND DRIVERS. 277 previously occupied, immediately in advance of such carriage, by a carriage drawn forward in accordance with the require- ments of this byelaw. Regulations as to use of stands. This clause has for its principal object the prevention of " crawling " in the streets, by requiring that carriages which are plying for hire and not actually hired shall be stationed on one of the appointed stands not already occupied by the full number of carriages authorised to occupy such stand. But the clause also regulates the conduct of the drivers while on the stand, in such a way as to obviate any cause of dispute with regard to the order or position of the several carriages stationed upon the stand at any one time. Section 64 of the Town Police Clauses Act, 1847, would apply if a hackney carriage were placed alongside of one stationed upon a stand, or if a driver of a carriage already upon the stand refused to give way (where he could conveniently do so, the stand not being full) to another hackney carriage, the driver of which desired to come upon the stand. This byelaw applies to all streets, whether open to the public or not. Thus, in the city of Exeter, there was a square in front of a hotel, which was not enclosed, and where the public could pass freely, except when the hotel- keeper's carriages stood there and the hotel cabs when plying for hire. There was a byelaw similar to the above in force in the city. It was held that the driver when plying for hire in the square incurred the penalty imposed by the byelaw, as it was part of the street (Marks v. Ford (1881), 45 J. P. 157). The notes on clause 24 may be referred to in connection with this clause. Stands for bath chairs and goat-chaises. Clause 24 of the model series (the byelaw fixing stands for hackney carriages) does not apply to bath chairs and goat-chaises, and therefore the present clause does not apply to such vehicles. It would be inconvenient, where they stand or ply for hire, to have them on the same stands with cabs, flys, and other like carriages, and the district council may be advised to appoint special stands for the purpose. Where this is done, regulations, such as those contained in clause 10, will scarcely be requisite as regards bath chairs, etc. 11. Every proprietor or driver of a hackney carriage who ^PP^ 1 ^" ^ shall have agreed or shall have been hired to be in attendance kept by with such carriage at an appointed time and place shall, in dnver > etc - pursuance of such agreement or hiring, and unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place. Driver to keep his appointments, etc. This clause is suggested as one for regulating the conduct of proprietors and drivers in a matter affecting the convenience of the public. Cognate provisions, which impose penalties on a driver refusing to drive, or to carry the full number of persons authorised to be conveyed in his carriage, will be found in ss. 52 and 53 of the Town Police Clauses Act, 1847. A refusal to carry persons suffering from infectious disease is taken out of the scope of these enactments by s. 127 of the Public Health Act, 1875, unless a sum sufficient to cover any loss or expense, incurred by the driver under that section, be tendered as therein mentioned. 278 SERIES VII. HACKNEY CARRIAGES. Lighting of lamps. Carriage to oe searched after hiring. 12. Every driver of a hackney carriage, to which a lamp or lamps shall be affixed in accordance with the requirements of the byelaw in that behalf, shall, at all times while standing, plying, or driving for hire, cause such lamp or lamps to be kept properly trimmed and ready for lighting. Every such driver, while plying for hire between sunset and sunrise, when the public street lamps are required to be lighted, or at any time during the prevalence of such a fog as may render such light necessary for the safety of other vehicles or of foot passengers, shall cause such lamp or lamps to be properly lighted and to be kept lighted until such carriage shall cease to ply for hire or until the cessation of the cause which may have rendered such light necessary. Provision and lighting of lamps. A lamp or lamps for " signalling the approach or position. " of the carriage in the dark must be provided for each hackney carriage under clause 23 of this series. The clause referred to is one " for regulating .... how such carriages are to be furnished or provided." Clause 12 deals with the lighting of the lamps, when necessary, as a matter affecting the conduct of the driver. The terms of the byelaw should be noticed. In many places it is not thought necessary to light the public street lamps during the short midsummer nights, or during a full moon, when the weather is clear ; and it appears to be considered that, if under such circumstances artificial light is deemed unnecessary for the safety of the streets, the drivers of hackney carriages may fairly be exempted from the obligation to light their lamps. Places where byelaws for the good rule, etc., of a borough or county are in force. In any borough or district in which byelaws under s. 23 of the Municipal Corporations Act, 1882, or s. 16 of the Local Government Act, 1888, providing for the carrying of lights by all vehicles at night are in force, this byelaw, and that numbered 23, may require to be modified, or possibly omitted altogether. As to the validity of byelaws providing for lights on vehicles, see Walker v. Stretton (1896), 60 J. P. 313 ; 44 W. R. 525 ; 12 T. L. E. 363 ; Williams v. Groves (1896), 12 T. L. R. 450. 13. Every proprietor or driver of a hackney carriage shall, immediately after the termination of any hiring, carefully search such carriage with a view to the discovery of any property which may have been accidentally left therein by any person who may have hired or may have been conveyed in such carriage. Property left in carriages. Under the last paragraph of s. 68 of the Town Police Clauses Act, 1847, byelaws may be made for securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and these matters are dealt with by clause 28 of this series. The provisions of the present clause are similar to those contained in paragraph 29 of an order made by the Secretary of State under s. 9 of the Metropolitan Public Carriage Act, 1869 (32 & 33 Viet. c. 115), on August 5th, 1896. REGULATING CONDUCT OF PROPRIETORS AND DRIVERS. 14. A proprietor or driver of a hackney carriage drawn by a Use of unfit horse or horses, pony or ponies, mule or mules, ass or asses, animals - goat or goats, shall not, at any time while standing, plying, or driving for hire, drive or allow to be driven, or harness or allow to be harnessed for the purpose of drawing such carriage, any such animal whilst in such a condition as to expose any person conveyed or being in such carriage, or any person traversing any street to risk of injury. Prohibition of use of unfit animals. The prevention of cruelty is not a matter as to which byelaws are authorised by s. 68 of the Town Police Clauses Act, 1847. But the power to make byelaws regulating the conduct of proprietors and drivers is probably sufficient to enable an urban district council to make a byelaw prohibiting the use for the purposes of a hackney carriage of an animal which is in such a condition of weakness or disease as to expose to risk of injury any person who may be conveyed in the carriage. The clause would also prevent the use of vicious animals, the employment of which might be attended with danger to the public. 15. Every driver of a hackney carriage drawn by a horse or Harness to horses, pony or ponies, mule or mules, ass or asses, goat or goats, shall, at all times while standing, plying, or driving for hire, cause every part of the harness of the animal or animals drawing such carriage to be kept in perfect order, and duly fastened and adjusted, so that such animal or animals shall be properly and securely attached to such carriage, and shall be under the due control of such driver. Condition of harness. This is a regulation which drivers may reasonably be required to comply with. Loose or rotten harness may involve danger to the public. 16. Every driver of a hackney carriage shall, at all times Drivers when standing, plying, or driving for hire, wear attached to his outer clothing in such position and manner as to be at all times plainly and distinctly visible, a badge consisting of a metal plate which shall be provided by the Council and shall be delivered to such driver either together with the licence granted to him by the Council or afterwards and on which shall be engraved, impressed, painted, or marked in legible figures a number corresponding with the number of the licence granted to such driver, and also the words, " Drivers' badges. A hackney carriage driver in London is required at all times during his employment to wear a metal ticket or "badge," medal-wise, conspicuously upon his breast." The ticket is to have marked or engraved 280 SERIES VII. HACKNEY CARRIAGES. upon it "his office or employment, and a number corresponding with the number inserted in the licence" held by him (6 & 7 Viet. c. 86, ss. 8, 17). If the above clause is retained, the words which are to be borne on the badges should be inserted. It will be observed that the badges are to be provided by the district council. 17. A driver of a hackney carriage shall not stand or ply for Hours for for hire before the hour of a.m. or after the hour of p.m. Hours within which drivers may exercise their calling. The hours will naturally be determined with reference to the requirements of the district. It is sometimes sought to prohibit altogether the plying of hackney carriages for hire on Sunday. A byelaw to this effect would seem, however, to go beyond what is authorised by s. 68 of the Town Police Clauses Act, 1847. Where a private Act enabled a canal company to make byelaws for the good government of the company, for the good and orderly using of the navigation, and for the well-governing of the bargemen, watermen, and boatmen who should carry goods on the navigation, it was held that a byelaw made by the company that the navigation should be closed on every Sunday throughout the year, and that no business should be carried on thereat, was not authorised by the private Act, and was therefore bad (Colder and Heber Navigation Company v. Pilling (1845), 14 M. & W. 76 ; 14 L. J. Ex. 223). As regards the metropolis, it is expressly enacted by 1 & 2 Will. 4, c. 22, s. 37, that a proprietor or driver may stand and ply for hire on Sunday, and if so standing or plying, may be compelled to drive on that day as on other days. Number- plates. For regulating the manner in which the number of each carriage, corresponding with the number of its licence, shall be displayed. 18. Every proprietor of a hackney carriage shall cause the number of the licence granted to him in respect of such carriage to be painted or marked on each of two plates in figures of not less than two inches in height, of proportionate breadth, and of such a colour, or in such a manner, as to be clearly distinguishable from the colour or nature of the ground whereon such figures are painted or marked. He shall cause such plates to be fixed on the outside and inside respectively of such carriage, in such a position and manner that the number thereon shall be at all times distinctly and plainly visible and legible. He shall not wilfully or negligently cause or suffer any such plate or the number on any such plate to be in any manner or by any means concealed from public view, or to be inverted at 'any time while such carriage may stand, ply, or be driven for hire. Numbering of hackney carriages. In connection with this clause, ss 41 and 45 of the Town Police Clauses Act, 1847, should be referred to. REGULATING NUMBER OF PERSONS TO BE CARRIED. 281 The former section appears to contemplate the provision of more than one number-plate for each hackney carriage, and the present clause, accordingly, requires two such plates to be provided, one for the outside and one for the inside. Section 45 of the Act of 1847 imposes penalties on "any person . . . found driving, standing, or plying for hire " with a hackney carriage without having the number of the carriage openly displayed. The clause now under consideration applies to the proprietors. In London, a number- plate is to be fixed, in the case of a four-wheeled hackney carriage, on the back thereof, and in the case of a two-wheeled carriage, on the spring-block on the back, under the driver's seat, and another is to be fixed on the inside of the carriage. See order of Secretary of State, 5th August, 1896, paragraph 6. For regulating the number of persons to be carried by such hackney carriages, and what number of horses or other animals is to draw the same, and the placing of check strings to the carriages, and the holding of the same by the driver, and how such liackney carriages are to be furnished or provided. 19. Every proprietor or driver of a hackney carriage shall Number of comply with such of the following provisions for regulating the j number of persons to be carried by hackney carriages as shall be applicable to such carriage : No greater number of persons shall be conveyed in any carriage than will admit of the provision of adequate sitting accommodation to the extent at least of sixteen inches from side to side and fifteen inches from front to back of every seat in respect of each person conveyed in or upon such carriage, and also of adequate accommodation to enable every such person to sit with ease. No greater number than five persons, exclusive of the driver, shall be conveyed in or upon any carriage drawn by one horse, or by two ponies or mules. No greater number than three persons, exclusive of the driver, shall be conveyed in or upon any carriage drawn by one pony or mule or by two asses. No greater number than one person, exclusive of the driver, shall be conveyed in or upon any carriage drawn by one ass. For the purpose of the foregoing rules two children under the age of ten years may be regarded as one person. No greater number -than two children shall be conveyed in or upon any carriage drawn by a goat or goats. Number of persons to be carried. It would be obviously impossible in any code of byelaws to fix the number of persons to be carried by each of the 282 SERIES VII. HACKNEY CARRIAGES. Check strings. How carriages are to be furnished. various kinds of vehicles which might be embraced by the definition of a " hackney carriage " in s. 38 of the Town Police Clauses Act, 1847. The model code, however, fixes the number with reference to two principles which are of general application. The first is that the number of persons should be limited by the extent of the sitting accommodation (including room for the legs), and the second that no greater number should be carried than is consistent with the probable strength of the animal or animals employed to draw the carriage. The number of persons to be carried having been fixed by the byelaws, s. 51 of the Town Police Clauses Act, 1847, requires that the number shall be painted on a plate placed in some conspicuous position on the outside of the carriage. The word " rules " should perhaps be substituted for " provisions " in paragraph 1 of the byelaw (see paragraph 6). 20. Every proprietor of a closed hackney carriage or of a hackney carriage so constructed as to be capable at any time of being closed shall, in order to enable any person in such carriage to communicate with the driver, provide and place a proper check string in such a position as to pass through the front of such carriage into the interior, and so as to be readily accessible to any person in such carriage. Such proprietor shall cause such check string to be kept at all times ready and fit for use, and shall renew the same from time to time as often as occasion shall require. Every driver of a closed hackney carriage, while conveying any person in such carriage, and every driver of a hackney carriage so constructed as to be capable of being closed, while conveying any person in such carriage at any time when the same shall be closed, shall hold such check string in his hand, or shall attach the same to his arm, or to some part of his outer clothing, in such a manner as to secure to every person in such carriage adequate means of prompt communication with such driver. Check strings. The duty of providing check strings is, by this byelaw, properly imposed upon the proprietor. The clause applies only to closed carriages and carriages capable of being closed. 21. Every proprietor of a hackney carriage shall cause the seats of such carriage to be properly cushioned or covered, and the floor of such carriage to be provided with a proper carpet, mat, or other suitable covering, or during wet weather with clean straw. He shall cause such carriage to be so furnished and fitted in all other respects as to secure cleanliness, and due provision for the safety and convenience of every person conveyed in such carriage. If such carriage be of such a size and construction as to be adapted to the conveyance therein or HOW CARRIAGES ARE TO BE FURNISHED OR PROVIDED. 283 thereon of a reasonable quantity of luggage, he shall provide adequate means of securing such luggage while conveyed in or upon such carriage. If such carriage be a closed carriage, or be so constructed as to be capable at any time of being closed, he shall cause the roof or covering of such carriage to be made and kept water-tight. He shall provide such carriage with proper window glasses set in suitable frames, and shall renew such glasses and frames from time to time as often as occasion may require ; and he shall furnish each window with a leathern strap or other suitable means of wholly or partially raising or lowering such window. Furnishing of hackney carriages. The requirements of this byelaw, as to the manner in which hackney carriages are to be " furnished or provided," appear to be sufficiently comprehensive to secure the turn-out of clean, well- found carriages. Sound shafts, springs, wheels, axles, and the like, appear to be covered by the expression " due provision for the safety and convenience " of fares. Broken window glasses and rattling window frames a source of great annoyance to persons using closed carriages can be dealt with under this byelaw ; and where the windows are raised and lowered by means of straps, " due provision for the . . . convenience " of hirers will require that the straps shall be properly pierced with holes, and that proper buttons shall be so placed on the window frames as to enable the windows to be partially closed if desired. Rubber-tyred carriages. The increasing use of pneumatic and other " silent " tyres for hackney carriages suggests that in places where these are in vogue a clause might be added to this series, requiring the carriages to be " furnished or provided " with bells on the harness which will ring whenever the carriages are in motion. In the case of " auto-cabs," " a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the carriage " must be carried under s. 3 of the Locomotives on Highways Act, 1896 (59 & 60 Viet. c. 36). The bell must be used in accordance with the regulations of the Local Government Board under the Act. 22. Every proprietor of a four-wheeled hackney carriage Brakes or drawn by a horse or horses, pony or ponies, shall provide such to^^ro" 8 carriage with a sufficient drag-chain and slipper or other vided. sufficient brake. 23. Every proprietor of a hackney carriage drawn by a horse Lamps to or horses, pony or ponies, mule or mules, ass or asses, shall furnish such carriage with such number of sufficient lamps, not being more than two, and so constructed and so affixed on the outside of such carriage as to afford when lighted adequate means of signalling the approach or position of such carriage. Lamps. In connection with this clause, the note on clause 12 should be referred to. In certain plan > ulinv lian-nm r-alis are in use, it is the practice 284 SERIES VII. HACKNEY CARRIAGES. to place a lamp over the centre of the vehicle in front, and to dispense with side-lamps. The present clause admits of the continuance of this arrangement, as it provides for "not . . . more than two" sufficient lamps being supplied to each carriage. Places where byelaws as to lights on vehicles are in force. See note on clause 12. Lights on " auto-cabs." Under s. 2 of the Locomotives on Highways Act, 1896 (59 & 60 Viet. c. 36), and the regulations made by the Local Government Board thereunder, every "light locomotive " within the meaning of that Act is "from one hour after sunset to one hour before sunrise " to carry a lamp so constructed and placed as to exhibit a white light visible within a reasonable distance in the direction towards which the vehicle is proceeding or is intended to proceed, and to exhibit a red light so visible in the reverse direction. The lamp is to be placed on the off side of the vehicle in such a position as to be free from all obstruction to the light. Fixing stands. Altering stands. For fixing the stands of such hackney carriages, and the distance to which they may be compelled to take passengers. 24. The several places specified in the following list shall be the authorised stands for such number of hackney carriages, drawn by horses, ponies, mules, or asses, as shall in each case be specified in such list : [Here insert the list of stands.] In addition to or in substitution for the places specified in the foregoing list, such places, as may from time to time be appointed by the Council, and may be indicated in each case by a notice board affixed in some conspicuous position at or near to such place and marked with the words " Stand for hackney carriages," shall be the stands authorised for such number of hackney carriages as shall in each case be specified in such notice board. Stands for hackney carriages. The list of stands, and a statement of the number of hackney carriages authorised to occupy each stand, should be inserted in the clause before the byelaws are submitted to the Local Government Board for their preliminary approval. The last paragraph of the clause provides for the alteration of the list of stands, if occasion requires, without it being necessary to make a fresh byelaw for the purpose. If the district council prefer to fix the stands ab initio in manner provided in the second paragraph, omit all the words of the clause before " such places " in the second line of that paragraph. A byelaw provided " That the several places in the district where painted boards shall from time to time be placed by the local board to distinguish them as stands, shall be stands for such number of carriages, horses, asses and mules, etc., as shall be mentioned on DISTANCE TO WHICH CARRIAGES COMPELLED TO DRIVE. 285 such boards ; and no driver of any such carriage, etc., shall place the same on any other than some one of such stands, or shall ply for hire in any of the streets or places within the district (except on one of such stands) under a penalty not exceeding 40s." A licensed driver was convicted of plying for hire off a stand. On appeal, the justices stated that it was proved to their satisfaction that he was driving a licensed carriage on the beach, within the district ; that he got off and spoke to some people, and took them up, having then passed a stand. The court held that the byelaw was valid, although it did not on the face of it, specify the exact localities where the stands were to be ; that the seashore between high and low water mark was within the district, and that the driver was properly convicted of plying for hire (Blackpool Local Board v. Bennett (1859), 28 L. J. M. C. 203 ; 4 H. & N. 127 ; 7 W. R. 382). By 6 & 7 Viet. c. 86, s. 33, a penalty is imposed on the driver of a hackney carriage who shall ply for hire elsewhere than at some standing appointed for the purpose, and by 1 & 2 Will. 4, c. 22, the plying, for hire must be in a public street or place. It was held that to ply for hire within s. 33 must be in some public street or place, and that the driver of a hackney carriage who plied for hire on an open unenclosed piece of private ground, to which the public had access, but over which there was no public right of way, was not within the section (Skinner v. Usher (1872), L. R. 7 Q. B. 423 ; 41 L. J. M. C. 158 ; 26 L. T. 430 ; 20 W. R. 659. See also Curtis v. Embery, ante, p. 270). The byelaw (No. 24) gives ample power to remove stands. This power would have been exercisable without express mention. Thus in Rex v. Rawlinson (1826), 6 B. & C. 23 ; 9 D. & R. 7 ; 5 L. J. (o.s.) M. C. 16, where certain commissioners of pavement were authorised by statute to direct and regulate the stands of hackney carriages within their district, it was held that this gave them power to remove a stand from a street where it occasioned obstructions in the carriage way. 25. For the purposes of the byelaws relating to hackney Distance to carriages, the distance to which a hackney carriage drawn by a ^ r ri a ge 8 may horse or horses, pony or ponies, mule or mules, may be bo compelled compelled to take passengers shall be miles within the boundary of the district : The distance to which a hackney carriage drawn by an ass or asses may be compelled to take passengers shall be miles within the boundary of the district : The distance to which a hackney carriage drawn by a goat or goats may be compelled to take passengers shall be miles within the boundary of the district : And the distance to which a hackney carriage drawn or propelled by hand may be compelled to take passengers shall be miles within the boundary of the district. Distance to which carriages can be compelled to take passengers. Section 68 of the Town Police Clauses Act, 1847, only enables the district 286 SERIES VII. HACKNEY CARRIAGES. council to make byelaws fixing the distance within which hackney carriages " may be compelled to take passengers, not exceeding the prescribed distance." The prescribed distance is defined by s. 171 of the Public Health Act, 1875, as meaning the urban district. Hackney carriages, therefore cannot be compelled to go outside the district. The present clause prevents their being compelled to go more than a certain distance within the district, when their horses are tired, or there is other sufficient cause for refusal. Section 53 of the Act of 1847 imposes a penalty on a driver refusing or neglecting, without reasonable cause to drive the distance prescribed ; and the clause regulates the distances with reference to the class of carriage, and the nature of the motive power. Fixing rates or fares. For fixing the rates or fares, as well for time as distance, to be paid for such hackney carriages within the district, and for securing the due publication of such fares. 26. Every proprietor or driver of a hackney carriage plying for hire shall be entitled to demand and take for the hire of such carriage the rate or fare prescribed by the following table, and in every case, except where the carriage is drawn or propelled by hand, the hiring shall be by distance unless the hirer express at the commencement of the hiring his desire to engage by time in which case the same shall be determined by time. In the case of a carriage drawn or propelled by hand the hiring shall be taken to be by time only. FARES FOR TIME. Description of Carriage. Periods of Time. Carriage drawn by two Horses. Carriage drawn by one Horse, or by two Ponies or Mules. Carriage drawn by one Pony or Mule, or by two Asses Carriage drawn by one Ass. Carriage drawn by two Goats, or one Goat. Carriage drawn or propelled by Hand. s. d. s. d. s. d. s. d. s. d. s. d. If the time does not exceed one hour : For the whole time ; If the time exceeds one hour : For each quarter of an hour of the whole time For any period of less than 15 minutes which is over and above any number of periods of 15 minutes completed- KATES OR FARES. FARES FOR DISTANCE. 287 Distance. Description of Carriage. Carriage drawn by two Horses. Carriage drawn by one Horse, or by two Ponies or Mules. Carriage drawn by one Pony or Mule, or by two Asses. Carriage drawn by one Ass. Carriage drawn by two Goats or one Goat. s. d. s. d. S. d. H. d. s. d. If the distance does not exceed one mile : For the whole distance - If the distance exceeds one mile : For each mile of the whole distance For any part of a mile over and above any number of miles com- pleted - -.. Bates or fares for hackney carriages. Section 68 of the Town Police Clauses Act, 1847, only authorises the fixing by byelaws of "rates or fares . . . to be paid for hackney carriages within the prescribed distance," i.e., within the district. If, therefore, instead of tables of fares such as are embodied in the model clause, a table referring to journeys from and to specified places is adopted, care must be taken that no place is mentioned which is not within the district. The fares prescribed by the clause, whether for time or distance, will be the charge for conveying any number of persons up to the maximum fixed by clause 19. Driver refusing to drive. A penalty is inflicted on a driver refusing to drive to any place within the prescribed distance OP the distance appointed by any byelaw, not exceeding the prescribed distance, to which he is directed to drive by the person hiring or wishing to hire the carriage (Town Police Clauses Act, 1847, s. 53). A driver is thus bound to drive to a private place within the prescribed distance, even although it is private property, provided he can law- fully obtain access (Ex parte Kippins, [1897] 1 Q. B. 1 ; 66 L. J. Q. B. 95 ; 75 L. T. 421 ; 45 W. R. 188 ; 60 J. P. 791 ; 18 Cox. C. C. 459). In R. v. Nathan (1895), 59 J. P. 420, a cabdriver was convicted in the metropolis for illegally refusing to carry a fare. The second paragraph of the present clause makes the " fares for distance " inapplicable to bath chairs. Extra payments. In London, " extra payments" can be demanded for each person beyond two, for each package carried outside, (as to a bicycle, see ante, p. 275,) and for waiting. By the present clause, all such charges are dispensed with. It is, however, occasionally considered desirable to modify the clause so as to provide for certain extra payments. These may be dealt with in separate notes. ' Back fares." In some places it is the custom for the proprietors and drivers of hackney carriages to charge only half fares for return journeys. If 288 SEEIES VII. HACKNEY CARRIAGES. no such arrangement is provided for in the byelaws, the amount of any reduced fare for a return journey must be the subject of an agreement between the hirer and the driver, under s. 54 of the Town Police Clauses Act, 1847. If, however, it is desired to fix the amount of such fares by means of a byelaw, the following addition to clause 26 may be suggested : Back fares. Provided that where any hackney carriage may have been hired whether by time or by distance, to convey any person to any place within the district, and, without any interruption of the hiring, may be used to convey such person from such place to the place at which such carriage was originally hired, the rate or fare chargeable in respect of the return journey shall be equal only to one-half the rate or fare fixed by this byelaw. Fares after midnight, etc. Where it is thought desirable to provide for extra fares being charged after midnight or other specified hour, the following proviso would seem to meet the case : Fares after midnight, etc. Luggage. Provided that in every case where a hackney carriage is hired or driven for hire at any time after the hour of in the afternoon, and before the hour of in the forenoon, the proprietor or driver shall be entitled to demand and take for the hire of such carriage, in respect of the time or distance over which the hiring thereof has extended between the hours above specified, a rate or fare which shall amount to one and a half times the rate or fare fixed by this byelaw. Luggage. " A reasonable quantity of luggage " must be taken by the driver, at the request of the hirer or intending hirer, under clause 8. For this no extra charge can be made under clause 26 as framed. If, however, any separate charge for luggage is to be permitted, some such addition as the following may be made : A proprietor or driver of a hackney carriage shall not be entitled to demand and take any rate or fare in excess of the rate or fare hereinbefore prescribed, in respect of any luggage carried in or upon such hackney carriage, if the weight of such luggage shall not exceed fifty-six pounds for each person carried in or upon such carriage. For the purposes of this byelaw two children under ten years of age shall be regarded as one person. The amount to be charged for any excess of luggage over the prescribed weight will be subject to agreement between the hirer and driver. Charge for waiting. Waiting is provided for by s. 57 of the Town Police Clauses Act, 1847, which enacts that "when any hackney carriage is hired BATES OR FARES. 289 and taken to any place, and the driver thereof is required by the hirer there to wait with such hackney carriage, such driver may demand and receive from such hirer, his fare for driving to such place, and also a sum equal to the fare of such carriage for the period, as a deposit over and above such fare, during which he is required to wait as aforesaid, or if no fare for time be fixed by the byelaws, then the sum of one shilling and sixpence for every half- hour during which he is so required to wait, which deposit shall be accounted for by such driver when such hackney carriage is finally discharged by such hirer." The wording here is somewhat obscure ; but it is suggested that the section should be construed as though the words " as a deposit over and above such fare " were transposed, thus, " . . . and also, as a deposit over and above such fare, a sum equal to the fare of such carriage for the period during which he is required to wait as aforesaid." That is, when the hirer gives the order to wait, he is to pay his fare to the point where he gives the order, and the fare by time if any be prescribed for the period for which he requires the carriage to wait. At the end of the period mentioned by the hirer, the driver may drive away (see latter part of the section) ; but if the hirer resumes his journey before that period expires, the driver is to account for the sum for waiting which will have been paid him in excess. There seems to be nothing in this provision to prevent a special " fare by time " for waiting being prescribed by the byelaws. The charge might be the same as in London, and the following addition might be made to the table of " Fares for Time " : For waiting : Waiting. s. d. For each full period of fifteen minutes during which such proprietor or driver is required to wait - - 6 If the driver refuses to wait, or goes away before the expiration of the time for which the deposit was paid, or if he refuses to account for the deposit, he renders himself liable to a penalty. Extra persons. No provision is made in the byelaws for an extra charge in respect of more than a certain number of persons being carried. The Hackney Carriages (London) Acts make such a provision. The 16 & 17 Viet, c. 127, s. 14 provides that where more than two persons shall be carried inside any hackney carriage or cab drawn by one horse only, a sum of sixpence for each person shall be paid for the whole hiring, in addition to the fare directed to be paid for two persons under 16 & 17 Viet. c. 33, and that two children under ten years of age shall be considered as one adult person. This has been held to mean that if two children under ten years of age are carried in excess of two persons they shall be counted and paid for as one adult ; but that if one child only be so conveyed in excess, he shall still be considered as in extra person, and paid for accordingly (Norton v. Jones (1863), 8 L. T. 241 ; .1 W. R. 573). Recovery of fare. If any person refuse to pay on demand to any pro- prietor or driver the fare allowed by the statute or byelaw, such fare may together with the costs, be recovered before one justice as a penalty (10 & 11 Viet. c. 89, s. 66). The amount is recoverable as a civil debt under ss. 6 and 38 of the Summary Jurisdiction Act, 1879 (R. v. Kersmll or Torquay JJ., [1895] 1 Q. B. 1 ; 64 L. J. M. C. 70 ; 71 L. T. 574 ; 43 W. R. 59 ; 59 J. P. 342 ; 10 R. 476 ; 11 T. L. R. 8). 290 SERIES VII. HACKNEY CARRIAGES. Fare plates. 27. Every proprietor of a hackney carriage plying for hire and drawn by a horse or horses, pony or ponies, mule or mules, ass or asses, shall cause a statement of the fares authorised by any byelaw in that behalf to be demanded and received in respect of the hiring of such carriage to be printed or painted on a suitable plate in legible letters and figures of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters and figures are printed or painted. He shall cause such plate to be fixed, in the case of a four- wheeled carriage, on the inside, and, in the case of a two- wheeled carriage, on the inside of the splash board of such carriage or otherwise in such a position and manner that the letters and figures on such plate shall be at all times distinctly and plainly visible and legible to any person being conveyed in such carriage. Such proprietor shall, from time to time, as often as occasion may require, renew such plate or the letters and figures on such plate, and he shall not nor shall any driver of such carriage wilfully or negligently cause or suffer such plate to be inverted or detached or the letters or figures on such plate to be in any manner or by any means concealed from the view of any person being conveyed in such carriage at any time while such carriage may ply or be used for hire. Publication of fares. Clause 27 provides " for securing the due publica- tion " of the fares prescribed by the preceding or any similar clause. A similar arrangement to that which is required by the byelaw is in force in the metropolis (32 & 33 Viet c. 115 ; Socking v. Jones (1870), L. E. 6 C. P. 29 ; 40 L. J. M. C. 19 ; 23 L. T. 739 ; 19 W. R. 227), and the same system has been very generally adopted elsewhere. In London the driver may be required to give the hirer a ticket showing the number of the carriage and the number of persons it is licensed to carry, a list of fares and extra pay- ments, and the name and address of the proprietor of the carriage. But it would seem that a byelaw embodying any similar requirement would be in excess of the powers conferred by s. 68 of the Town Police Clauses Act, 1847. Left property. For securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof. 28. Every proprietor or driver of a hackney carriage wherein any property shall be accidentally left by any person who may have hired or may have been conveyed in such carriage shall, if PEOPEETY LEFT IN CAEEIAGES. 2il such property be found by such proprietor or driver, within twenty-four hours after such finding, carry the same, if not sooner claimed by or on behalf of the owner thereof, in the state in which the same shall have been found, to the office of the [Council] , and shall there deposit and leave such property in the custody of the officer in charge of such office. In the event of the re- deli very of such property to any person who shall satisfactorily prove that the same belongs to him, the proprietor or driver, by whom such property may have been found and carried to the office of the Council and there deposited, shall be entitled to demand and receive from the person to whom such property shall have been re-delivered an amount to be determined in accordance with the following regulations : If the estimated value of the property be less [qu. not more] than five pounds, or if the property be of such a character that the value thereof cannot readily be estimated, such proprietor or driver shall be entitled to demand and receive from such person an amount equal to the amount payable to such proprietor or driver, as a fare for the hiring of his carriage for such time as may have been occupied by him in carrying the property from the place at which the same may have been found in his carriage to the office of the Council : If the estimated value of the property be more than five pounds, such proprietor or driver shall be entitled to demand and receive from such person an amount equal to a shilling in the pound on the estimated value of the property : Provided that in no case shall such proprietor or driver be entitled to demand or receive a greater amount than pounds. Safe custody and re-delivery of property accidentally left in hackney carriages. Clause 13 of the model series requires every proprietor or driver of a hackney carriage to search his carriage after each hiring with a view to the discovery of " left property." Clause 28 provides for the safe custody and re-delivery to the owner of any such property which may be found on such search. The provisions of the clause appear to be founded upon those in force in the metropolis, where, however, as the drivers are under police control, left property has to be deposited at the nearest police station. A slight alteration (indicated in the text) is suggested in the third paragraph of the clause. " Two pounds " is the amount usually inserted in the last line, 292 SERIES VII. HACKNEY CARRIAGES. Penalties. Penalties. 29. Every proprietor or driver of a hackney carriage who shall offend against any of the foregoing byelaws shall be liable for every such offence to a penalty of , and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the Council. Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalties. Any sums not exceeding "five pounds" and "forty shillings," respectively may be inserted. The second paragraph of the clause is necessary in order to satisfy the requirements of s. 183 of the Public Health Act, 1875. Recovery of penalties. As to the recovery of penalties see s. 251 of the Public Health Act, 1875, and notes thereon in Lumley's Public Health, 5th ed., p. 333. Repeal. 30. From and after the date of the confirmation of these byelaws, the byelaws relating to hackney carriages, which were made on the day of in the year one thousand eight hundred and by the , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State,] [the Local Government Board] shall be repealed. Eepeal of byelaws. The above clause should be completed and added to the series, if there are in force in the district any byelaws with respect to hackney carriages which the district council are desirous of repealing. SERIES VIII. PUBLIC BATHING. ( 295 PUBLIC BATHING. MEMORANDUM. FOE the purpose of regulating public bathing in urban 10 & irvict districts, section 69 of the Town Police Clauses Act, 1847 c - 89 ' s - 69 '> (10 & 11 Viet. c. 89), is incorporated with the Public Health f * 39 Act, 1875 (38 & 39 Viet. c. 55), by section 171 of that Act. Section 69 of the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89), is in the following terms : " Where any part of the sea-shore or strand of any river used as a public bathing place is within the limits of the special Act,* the Commissioners [Council] may make byelaws for the following purposes; (that is to say,) " For fixing the stands of bathing machines on the sea-shore or strand, and the limits within which persons of each sex shall be set down for bathing, and within which persons shall bathe ; " For preventing any indecent exposure of the persons of the bathers ; "For regulating the manner in which the bathing machines shall be used, and the charges to be made for the same ; " For regulating the distance at which boats and vessels let to hire for the purpose of sailing or rowing for pleasure shall be kept from persons bathing within the prescribed limits." It will be seen that the marginal note to section 69 of the Scope of 10 & 11 Viet. c. 89 summarizes the provisions of that section J 8 * 1 s 1 That is, the Public Health Act, 1875. See s. 316 of that Act. 296 SERIES VIII. PUBLIC BATHING. as relating to bathing machines ; and, after careful considera- tion of those provisions, the Board think that their intended scope is correctly denned in the marginal note. The Board are of opinion that the statute requires that the byelaws should be confined to the regulation of public bathing in connection with the use of bathing machines. As to the conditions under which bathing from the shore or strand without the use of a machine may become an indictable offence, the Board refer to the decisions in the cases of Eeg. v. Eeed and Others (12 Cox, C. C. 1), andKex v. Crunden (2 Camp. 89). JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1877. Local authorities competent to adopt the model byelaws. Section 69 of the Town Police Clauses Act, 1847, is, by s. 171 (5) of the Public Health Act, 1875, incorporated for the regulation of public bathing in urban districts only. If, therefore, a rural district council desire to make byelaws on the subject, they should apply to the Local Government Board to invest them with the necessary powers, by means of an order under s. 276 of the Public Health Act, 1875. In making any such application the instructions given in the Introduction should be observed by the rural district council. Scope of the model byelaws. There is nothing in the provisions of the model series, to which the above memorandum relates, involving difficulties of a technical character. But, as affecting the scope of the byelaws which may be made by a district council under s. 171 (5), the observations of the Local Government Board with regard to the incorporated provisions of s. 69 of the Town Police Clauses Act, 1847, require consideration. It may be argued that the marginal note to that section would not, of itself, be sufficient to determine the intended scope of the enactment, more especially as in the Revised Edition of the Statutes it has been altered into " byelaws for regulating public bathing places " ; and see, generally, as to marginal notes, Button v. Button (1882), 22 Ch. D. 511 ; Att.-Gen. v. Great Eastern Bail. Go. (1879), 11 Ch. D., at pp. 460, 461. But it should be borne in mind that the origin of the enactment is referable to the remarks of BAYLEY, J., in Blundell v. Catterall (1821), 24 Rev. Rep. 353 ; . 5 B. & Aid. 268, at p. 306, that "In sea bathing as it now prevails (1821) particular regulations are desirable ; the restriction of particular machines to particular spots ; a separation of those which are for men from those which are for females ; and the prevention of contests as to particular situations." Moreover, two of the four paragraphs, prescribing the matters that may be dealt with by the byelaws, distinctly refer to " bathing machines." The provision in the latter part of the first paragraph, as to " the limits within which persons of each sex shall be set down for bathing," scarcely appears applicable to bathing without a bathing machine, but is clearly applicable where bathing machines are used. There may be more doubt whether the last clause of this paragraph applies only to bathing in connection with machines ; but, taken in connection with MEMORANDUM. 297 the preceding words, it appears to be designed to prevent persons who may have been " set down for bathing " (from machines) within the limits allotted to their sex, from overstepping those limits when in the water. With regard to indecent exposure of the person, the provision authorising the making of byelaws appears unnecessary, if it is to be read as applying to bathing without the use of machines. In support of this view, reference may be made to the cases of Rex v. Crunden and R. v. Reed (mentioned in the memorandum of the Local Government Board). In Rex v. Crunden (1809), 2 Camp. 89 ; 11 Eev. Rep. 671, it was held an indictable offence for a man to undress himself on the beach, and to bathe in the sea near inhabited houses from which he might be distinctly seen ; although these houses might have been recently erected, and till then it might have been usual for men to bathe in great numbers at the place in question. That decision was given in 1809, and the locus in quo was the shore opposite the East Cliff at Brighton. And in R. v. Reed (1871), 12 Cox C. C. 1, it was held unlawful for men to bathe, without any screen or covering, so near a public footway that exposure of their persons must necessarily occur, and that persons who so bathe are liable to an indictment for indecency. It may also be pointed out that s. 28 of the Town Police Clauses Act, 1847, renders liable to a penalty or imprisonment " every person who in a street, to the . . . annoyance ... of the residents or passengers . . . wilfully and indecently exposes his person." The word " street," as used in the Act of 1847, extends to any "thoroughfare or public passage "; and hence it would appear that s. 28 provides additional security against indecent bathing on the shore, so far as a public right of way exists over it. What is a bathing machine. In the absence of any statutory definition of the term " bathing machine," local usage with regard to the character of the shelters used by persons bathing on the seashore, or on the strand of a river, may in certain cases make it open to question whether the local authority have power to regulate the bathing by means of byelaws. It would seem that the term must be regarded as applying mainly to bathing machines of the ordinary type, which consists of a sort of hut or box on wheels, and moved by a' horse or windlass. The reference to " stands " in the first paragraph of s. 69 of the Town Police Clauses Act, 1847, and the general tenour of the paragraph, would appear to indicate that huts resting on or built upon the shore, and used by bathers as dressing boxes, framework tents, and other similar structures, such as are sometimes used for the purposes of bathing, would not be within the scope of the section. The model clauses, however, contain provisions relating to bathing in connection with machines so constructed as to be capable of being drawn or moved " by hand " to or from the stations occupied by them. Licence to use bathing machines. A condition attached to a licence to let bathing machines for one year on the beach, providing that the licensing authority may revoke it at any time, is unreasonable. GRANTHAM, J., granted an injunction restraining an urban district council (the licensing authority) from revoking such a licence where the ground for such revocation was an infringement on the part of the licensee of the provisions of a ivgu - lation made subsequently to the granting of his licence (Pelham v. Littlehampton Urban District Council (1898), 63 J. P. 88). Mixed bathing. The model byelaws, if adopted without modification would prohibit the bathing together of persons of different sexes, as is 298 SERIES VIII. PUBLIC BATHING. common at continental, and some English, watering-places. It is under- stood, however, that the Local Government Board have recently sanctioned, under s. 69 of the Town Police Clauses Act, 1847, and similar provisions, series applicable respectively to the urban districts of Cromer and Bognor, and the boroughs of Eastbourne and Hastings, which are framed in such a way as to permit and properly regulate " mixed bathing." Confirmation of the byelaws. Byelaws made under s. 69 of the Town Police Clauses Act, 1847, by virtue of the incorporation of that enactment with the Public Health Act, 1875, require the confirmation of the Local Government Board, and do not require any other confirmation, allowance, or approval (47 & 48 Viet. c. 12). ( 299 ) SEEIES VIII. PUBLIC BATHING. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval before they are adopted by the local authority.] BYELAWS MADE BY THE* WITH RESPECT TO PUBLIC BATHING ON THEf WITHIN THE} Interpretation of Terms, 1. Throughout these byelaws, the expression " the Council " Interpreta- means the* tion - For fi.nny the stands of bathing machines on the seashore [or strand] , and the limits within which persons of each sex shall be set down for bathing ; and within which persons shall bathe. 2. The several places described or denned in the list here- stands, unto appended shall be the stands appointed for such number of bathing machines of such class, description, or construction, and appropriated for the use of persons of such sex as shall in respect of each of such stands be specified in such list. * " Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or " Urban [or Rural] District Council of " ; as the cave may be. f "Seashore," or, " strand " ; e the ccwe may be. J In-iert name of borough or urban or rural district, or "that portion of the Rural District of which comprises the contributory place of " ; as the case may be. Omit the reference to the seashore or the strand, as the case may require. 300 SERIES VIII. PUBLIC BATHING. LIST OF STANDS FOR BATHING MACHINES. Description or limits of stand. Bathing machines to be placed on stand. 1. Number. 2. Class, description, or construction. 3. Sex to which appropriated. (a) (a) (a) (a) (a) Here insert the necessary particulars as to each stand. In addition to or in substitution for any of the places so appointed as stands for bathing machines, such place or places as may, from time to time hereafter, be appointed by the Council, and may be described or defined in a notice or notices painted, printed, or marked in legible letters and figures of such a colour or in such a manner as to be clearly dis- tinguishable from the colour of the ground whereon such letters and figures are painted, printed, or marked, and affixed or set up and continued in some convenient and conspicuous position in or near to the place or places so appointed, shall be the stand or stands for such number of bathing machines of such class, description, or construction, and appropriated for the use of persons of such sex as shall be specified in such notice or notices. Stands for bathing machines. The list of stands should be completed before the byelaws are submitted to the Local Government Board for their preliminary approval. The stands cannot be fixed on private property without the consent of the owner. See note to clause 16, post. The latter part of the clause provides for the alteration of the list of stands, if occasion requires, without it being necessary to make a fresh byelaw for the purpose. If the district council prefer to fix the stands ab initio in manner provided in the second paragraph, omit all the words of the clause before " such place " in the second line of that paragraph. Setting down 3. A proprietor or attendant of a bathing machine, stationed bathing. 118 " on an y stand or part of a stand appointed for machines for the (Females.) use of persons of the female sex, shall not cause or allow any such person, who may have hired, or may use such machine for the purpose of bathing to be set down for such purpose at any place less distant than yards from any place at which any person of the male sex above the age of years may be set down for such purpose. Setting down 4. A proprietor or attendant of a bathing machine stationed or on any stand or part of a stand appointed for machines for the PREVENTING INDECENT EXPOSURE. 301 use of persons of the male sex, shall not cause or allow any bathing, such person above the age of years, who may have hired, < Males -) or may use such machine for the purpose of bathing, to be set down for such purpose at any place less distant than yards from any place at which any person of the female sex may be set down for such purpose. Setting down of persons for bathing. These two clauses forbid the setting down of persons for bathing from machines within a specified distance of persons of the opposite sex. The distance should not be less, in any case, than ten yards, and seven years is a convenient age to prescribe. Such clauses may scarcely seem to be required in a case where a point of land or rocks, or other material obstacle intervenes between the places appropriated for bathing respectively by males and by females, so that the machines on the several stands are necessarily kept at a sufficient distance from the next stand. But it will usually be well to retain the clauses ; for although clause 2 fixes the stands with reference to sex, the penalty clause would not apply to the setting down of males on a stand, or part of a stand intended for females, and vice versa, if these two clauses were omitted. 5. A person of the female sex shall not, while bathing, Limits for approach within yards of any place at which any person {^g^tes v of the male sex, above the age of years, may be set down for the purpose of bathing, or at which any such person may bathe. 6. A person of the male sex above the age of years Limits for shall not, while bathing, approach within yards of any /Male" 8 ) place at which any person of the female sex may be set down for the purpose of bathing or at which any such person may bathe. Limits within which persons shall bathe As to the application of byelaws on this subject, see note, p. 296 (" Scope of the model byelaws "). Seven years and ten yards may be inserted in these clauses. If the configuration of the coast, or the distance intervening between the stands, renders these clauses unnecessary, the words " and within which persons shall bathe," should be omitted from the heading. It is understood that a byelaw has been allowed under s. 69 of the Town Police Clauses Act, 1847, requiring persons while Requiring bathing to keep on the seaward side of the machines. If not a byelaw as to at " e |' s the limits within which persons shall bathe, such a clause may apparently be 8e award of regarded as one for preventing indecent exposure of the persons of the bathers ; machines, and in either case it would seem to be authorised by the terms of the section. For preventing any indecent exposure of the persons of the bathers. 7. Every proprietor or attendant of a bathing machine so Machines to constructed as to be capable of being drawn or moved to or |? ^ J^j: h of from the station occupied by such machine on any stand, by water, etc. 302 SERIES VIII. PUBLIC BATHING. means of a horse or windlass, or other animal or mechanical power, shall at all times, when such machine may be hired or used by any person for the purpose of bathing, cause such machine to be drawn or moved into such a depth of water, or otherwise into such a position as will prevent any indecent exposure of any such person, when set down from such machine for the purpose of bathing or when bathing from such machine. Moving of machines into a sufficient depth of water. It is desirable, alike for the convenience of bathers and for the purpose of preventing indecent exposure of the person, that the proprietor should be required to move out the machines into a sufficient depth of water. These requirements appear to be met by clauses 7 and 11 of the model series. Drawers, etc. 8. Every person of the male sex above the age of years w ^ ma y ^ re or use an y bathing machine for the purpose of bathing, or may be set down from such machine for such purpose, shall at all times, while bathing, wear suitable drawers or other sufficient dress or covering to prevent indecent exposure of the person. Bathing gowns to be worn by females. 9. Every person of the female sex who may hire or use any bathing machine for the purpose of bathing, or may be set down from such machine for such purpose, shall, at all times, while bathing, wear a suitable gown or other sufficient dress or covering to prevent indecent exposure of the person. Use of bathing-dress. As pointed out in a note on p. 297, clauses such as these appear unnecessary in connection with bathing otherwise than from machines. No separate charge for the use of bathing-dress can be fixed by the byelaws. The model series meets the difficulty, in accordance with what appears to be the usual practice, by fixing charges for the use of machines which are inclusive of the use of appropriate bathing-dress and of towels. Seven years may be inserted in clause No. 8. Proprietor not to obstruct shore or strand. For regulating the manner in which the bathing machines shall be used, and the charges to be made for the same. 10. Every proprietor or attendant of a bathing machine stationed on any stand and so constructed as to be capable of being drawn or moved to or from the station occupied by such machine on such stand by means of a horse or windlass, or MORTUARY FOR TOWN OF 100,000 INHABITANTS. Chamber Water & hase to each, Mortuary Qiamber In f eft 6 . Room, fe -,. Re FT R Morbmi-y tfon, Infec Gate Sitting Room, I I Bed, Eoam, Note-l&Z are, glazed, locked, presses for (he identificationj 3.3.4A Glass screen, vnJttij Wends Visitors rruy view the bodies ~\l}iroughi Uie. screav vrUfu- \out efiterintf the- chamber f i K sj>: Gate, GROUND FLOOR FLAN Twentieth, Scale, Tofucepagr SOZ.Voll, MANNER IN WHICH MACHINES ARE TO BE USED. 303 other animal or mechanical power shall, at all times, when such machine shall require to be so drawn or moved, cause the same to be drawn or moved with reasonable expedition and in such a manner as to avoid any improper obstruction of the shore [or strand] *, or any undue interference with the proper use of any other machine stationed on any part of such shore [or strand] .* 11. A proprietor or attendant of a bathing machine stationed Proprietor, on any stand shall not, without reasonable excuse, at any ont Machine reasonable time when such machine is not hired or in use for when the purpose of bathing, neglect or refuse, upon the application requ " of any person hiring or seeking to hire such machine for the purpose of bathing, to cause or allow such machine to be so hired and to be drawn or moved from its station on such stand to any suitable place whereat any such person may be set down for the purpose of bathing. 12. Every proprietor or attendant of a bathing machine so Hand- constructed as to be capable of being drawn or moved by hand "^^"moved to or from the station occupied by such machine on any stand with a view shall, whenever such machine may be hired or used to set down te ety ' etc> any person for the purpose of bathing from such machine, cause such machine, from time to time, as the state of the tide or other occasion may require, to be drawn or moved to such a position at such a distance from the water as to provide adequately for the safety and convenience of the person hiring or using such machine. Use of bathing machines. The model clauses for regulating the manner in which bathing machines are to be used, are framed so as to prevent any undue obstruction of the shore or strand, or of the use of other machines stationed thereon, in moving the machines to and from the stands ; to require the proprietor to send out his machines at all reasonable times, and under all reasonable conditions, when desired by persons hiring, or seeking to hire them ; and, in the case of machines which are moved by hand, to secure that proper attention is given to moving them when necessary for the safety or convenience of the bathers. 13. Every proprietor or attendant of a bathing machine Chafes for stationed on any stand shall be entitled to demand and receive machines, for the use of such machine when hired to set down any person * Strike out the reference to the "xhore" or the "*trand," as the case may require. 304 SERIES VIII. PUBLIC BATHING. for the purpose of bathing a sum not exceeding in each case the charge hereinafter prescribed : s. d. For every machine used by any person of the male sex above the age of years : For a time not exceeding half an hour - ,, For every additional half hour or portion thereof - - ,, For every machine used by any person of the female sex above the age of years : For a time not exceeding half an hour - ,, For every additional half hour or portion thereof ,, For every machine used by any person of the female sex above the age of years who shall, while bathing, require the services of an attendant of such machine : For a time not exceeding half an hour - ,, For every additional half hour or portion thereof ,, For every machine used by one child under the age of years and accompanied by an adult person not being an attendant of such machine : For a time not exceeding half an hour - - ,, For every additional half hour or portion thereof - ,, For every machine used by one child under the age of years for whom, while bathing, the services of an attendant of such machine shall be required : For a time not exceeding half an hour - - ,, For every additional half hour or portion thereof For every machine used by two or more children under the age of years and accompanied by an adult person not being an attendant of such machine : For every such child for a time not exceeding half an hour .... > For every additional half hour or portion thereof - CHAEGES FOE USE OF MACHINES. 30*) S. d. For every machine used by two or more children for whom, while bathing, the services of an attendant of such machine shall be required : For every such child, for a time not exceeding half an hour ,, For every additional half hour or portion thereof ,, The several amounts hereinbefore prescribed shall include Use f charges for the provision by the proprietor, and the reasonable articles use by the bather, of the several articles specified in the included, following regulations : (i.) For every person of the male sex above the age of years : (a.) Two clean towels ; (b.) One clean pair of suitable drawers or other clean and sufficient covering to prevent indecent exposure of the person. (ii.) For every person of the female sex above the age of years : (a.) Two clean towels ; (b.) One clean gown or other clean and sufficient dress or covering to prevent indecent exposure of the person, (iii.) For every child under the age of years : Two clean towels. Charges for the use of machines. As previously remarked, this clause fixes charges for the use of the bathing machines, which entitle the bathers to the use of appropriate bathing dress and of towels. If these articles are not supplied in consideration of the charges fixed by the byelaws for the use of the machines, the amounts to be paid for the use of dress and towels must be left to be determined by agreement between the proprietor and the bathers. They cannot form the subject of a separate byelaw, as charges to be made for machines are the only charges authorised by s. 69 of the Town Police Clauses Act, 1847, to be fixed by the byelaws. Where, as in some places, ni;u liiues care let for the season at special charges, some such addition as the following may be suggested : s. d. For the use of a machine by one person throughout Charge for the season, once a day, between the hours when bathing machines can usually be hired to set down persons for bathing - ,, The expression " the season," as used in this byelaw, means 30G SERIES VIII. PUBLIC BATHING. Boats to be kept at a distauce. For regulating the distance at which boats and vessels let to hire for the purpose of sailing or rowing for pleasure shall be kept from persons bathing within the prescribed limits. 14. Every person in charge of any boat or vessel let to hire for the purpose of sailing or rowing for pleasure, shall, at all times when so sailing or rowing, cause such boat or vessel to be kept at a distance not less than yards from every person bathing within the limits within which, in accordance with the byelaw in that behalf, such person may be set down for the purpose of bathing or may bathe : Provided always, that this byelaw shall not apply in any case, in which, in consequence of actual or threatened danger to life, or of any other sufficient reason, the person in charge of such boat or vessel shall not cause such boat or vessel to be kept at the distance herein-before specified from any person bathing within the aforesaid limits. Boats to be kept at a distance. It will be a question of fact whether, in any particular case, a person was " in charge " of a boat or vessel which may not have been kept at the prescribed distance from bathers, and whether the boat was being sailed or rowed " for pleasure." The proviso to the clause allows a reasonable latitude for contingencies. It will be observed that, by reason of the terms of s. 69 of the Town Police Clauses Act, 1847, only such boats and vessels as are " let to hire for the purpose of sailing or rowing for pleasure," can be dealt with by byelaws made under that enactment. The distance to be inserted in this clause must depend somewhat upon the circumstances of the case ; twenty or thirty yards, or even more, may be prescribed. Penalties. Penalties. 15. Every person who shall offend against any of the fore- going byelaws, shall be liable for every such offence to a penalty of : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sum not exceeding "five pounds " may be inserted. The second paragraph is required in order to satisfy the require- ments of s. 183 of the Public Health Act, 1875. Recovery of Penalties. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and notes thereon, in Lumley's Public Health, 5th ed., p. 333. BIGHTS OF THE CROWN. 307 Saving for rights of Crown. 16. Nothing in or done under any of the provisions of the Saving, foregoing byelaws shall, in any respect, prejudice, or injuriously affect the rights and interests of the Crown in the foreshore below high-water mark. Rights of the Crown in the foreshore. The soil or property in the foreshore between high and low water mark, is primd facie vested in the Crown, although in certain cases other persons may have a grant of it. In the absence of all evidence of particular usage, the extent of the right of the Crown to the seashore landwards is primd facie limited by the line of the medium high tide between the springs and the neaps (Att.-Gen. v. Chambers (1854), 4 De G. M. & G. 206; 23 L. J. Ch. 662 ; 11 Jur. 779). There is nothing in the 69th section of the Town Police Clauses Act, 1847, which in any way limits the rights of the Crown, and consequently of its grantees, and therefore the license of the local authority will not warrant the licensee in placing two bathing machines on any part of the foreshore which is private property without the consent of the owner (Mace v. Philcox (1864), 15 C. B. (N.S.) 600 ; 33 L. J. C. P. 124 ; 10 Jur. (N.S.) 680 ; 9 L. T. 766 ; 12 W. R. 670 ; 28 J. P. 297). And there is no public right of bathing on or of access to the seashore for bathing, which can justify the proprietor of bathing machines using the shore for his machines for profit, as against a lord of the manor, being the owner of the soil, and having from time iinmrinorial had an exclusive user of the shore for the purpose of fishing by stake nets (Blundell v. Catterall (1821), 5 B. & Aid. 268 ; 24 Rev. Rep. 353). The foreshore between high and low water mark around the coast of Cornwall and part of Devon, is primd facie parcel of the possessions of the Duchy of Cornwall. (See s. 37 of the Duchy of Cornwall Management Act, 1863.) Where this is the case, the necessary alterations should be made in clause 16 and the heading thereto. Repeal of Byelaws. 17. From and after the date of the confirmation of these Repeal, byelaws, the byelaws relating to public bathing, which were made by the on the day of in the year one thousand eight hundred and , and which were confirmed by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] on the day of in the year one thousand eight hundred and shall be repealed. Repeal of byelaws. If there are in force in the district any byelaws with respect to public bathing in connection with machines, which the local authority are desirous of repealing, the blank spaces in this clause should be filled, before the draft is submitted to the Local Government Board. x 2 SERIES IX. PUBLIC BATHS AND WASHHOUSES, OPEN BATHING PLACE: DUTIES OF OFFICERS. ( 311 PUBLIC BATHS AND WASHHOUSES, AND AN OPEN BATHING PLACE : DUTIES OF OFFICERS. MEMORANDUM. BY section 10 of the Public Health Act, 1875 (38 & 39 Viet, 38 & 39 Viet. c. 55), it is provided that where the Baths and Washhouses c- 55) s> 10- Acts are in force within the district of an Urban Authority, such authority shall have all powers, rights, duties, capacities, liabilities, and obligations in relation to such Acts exercisable by or attaching to the Council, Incorporated Commissioners, Local Board, Improvement Commissioners, and other Com- missioners or persons acting in the execution of the said Acts. It is also provided that where the Baths and Washhouses Acts are not in force within the district of any Urban Authority, such authority may adopt such Acts. By section 34 of the 9 and 10 Viet. c. 74 (An Act to9&H)Vict. encourage the establishment of Public Baths and Washhouses) 74> 3> 34< it is enacted that "the byelaws which the Council and Commissioners respectively may from time to time make, alt4r, repeal, and enforce, shall include such byelaws for the manage- ment, use, and regulation of the public baths and washhouses and open bathing places, and of the persons resorting thereto respectively, and for determining from time to time the charges for the use of such baths and washhouses and open bathing places respectively, as the Council and Commissioners respectively shall think fit, and they respectively may appoint any penalty not exceeding five pounds for any and every breach, whether by their officers or servants or by other persons, of any byelaw made by them respectively, and such byelaws shall make sufficient provision for the several purposes respectively expressed in the Schedule A. to this Act." It is also provided by section 34, that no byelaw made under the authority of the Act shall be of any legal force until the same shall have received the approval of one of Her Majesty's Principal Secretaries of State. For such approval that of the 312 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Local Government Board is now substituted by the operation of the Local Government Board Act, 1871 (34 & 35 Viet. c. 70). Subjects of Schedule A. to the 9 & 10 Viet. c. 74 is in the following byelaws. fprrno 9 & 10 Viet. terms - c. 74, " BYELAWS to be made in all cases. "For securing that the baths and washhouses and open bathing places shall be under the due management and control of the officers, servants, or others appointed or employed in that behalf by the Council or Commissioners : " For securing adequate privacy to persons using the baths and washhouses and open bathing places, and security against accidents to persons using the open bathing places : " For securing that men and boys above eight years old shall bathe separately from women and girls and children under eight years old : " For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances : " For determining the duties of the officers, servants, and others appointed by the Council or Commissioners." " In parishes. Commissioners. ' ' For regulating the procedure of the Publication of byelaws at baths and washhouses. 9 & 10 Viet. c. 74, s. 35. Incorporation of Companies Clauses Con- solidation Act, 1845. 9 & 10 Viet, c. 74, s. 23. Appeal to quarter sessions. By section 35 of the 9 & 10 Viet. c. 74 it is enacted that " a printed copy or sufficient abstract of the byelaws relating to the use of the baths and open bathing places repectively shall be put up in every bath room and open bathing place respectively ; and a printed copy or sufficient abstract of the byelaws relating to the use of the washhouses shall be put up in some convenient place near every washing tub or trough, or every pair of washing tubs or troughs, in every washhouse." A previous section (23) enacts that the provisions of the Companies Clauses Consolidation Act, 1845, " with respect to the making of byelaws, subject to the provision herein-after contained, and the provisions of the same Act with respect to the recovery of damages not specially provided for, and penalties so far as such provisions may respectively be applicable to the purposes of this Act [9 & 10 Viet. c. 74] , shall be respectively incorporated with this Act." "Every person who shall feel aggrieved by any byelaw ' ? of ... the Council or Commissioners shall have MEMORANDUM. 31o the like power of appeal to the General Quarter Sessions as 9 & 10 Viet, under the provisions of the Companies Clauses Consolidation c ' ' ' s ' ' ' Act, 1845, incorporated with this Act, he might have if feeling aggrieved by any determination of any justice with respect to any penalty." (9 and 10 Viet. c. 74, sect. 30.) With respect to the making of byelaws the Companies 8 Viet. c. 16, Clauses Consolidation Act, 1845 (8 Viet. c. 16), contains the g 7 124 126 ' following provisions : "It shall be lawful for the company from time to time to make such byelaws as they think fit for the purpose of regulating the conduct of the officers and servants of the company, and for providing for the due management of the affairs of the company in all respects whatsoever, .... and from time to time to alter or repeal any such byelaws, and make others, provided such byelaws be not repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special Act ; and such byelaws shall be reduced into writing, and shall have affixed thereto the common seal of the company ; and a copy of such byelaws shall be given to every officer and servant of the company affected thereby" (section 124). "All the byelaws to be made by the company shall be so framed as to allow the justice (sic) before whom any penalty imposed thereby may be sought to be recovered, to order a part only of such penalty to be paid if such justice (sic) shall think fit" (section 126). " The production of a written or printed copy of the byelaws of the company having the common seal of the company affixed thereto, shall be sufficient evidence of such byelaws in all cases of prosecution under the same " (section 127). It will be observed that schedule A. to the 9 and 10 Viet. Privacy of c. 74 authorises byelaws for securing adequate privacy to persons using the washhouses and open bathing places and and open security against accidents to persons using the open bathing places. Byelaws for these purposes are not included in the model series. In the case of public washhouses, the Board think that such privacy as may be reasonably necessary may most effectually be secured by the structural arrangement of the premises. 314 SERIES IX.- -PUBLIC BATHS, WASHHOUSES, ETC. Security against accidents to persons using open bathing places. In the case of an open bathing place, it is of course desirable that either by its situation or by the erection of a suitable hoarding, fence, or partition, the bathers should as far as possible, be screened from the view of persons occupying premises in the vicinity or passing along any neighbouring thoroughfare. Perhaps, also, the Sanitary Authority may find it possible to provide separate dressing boxes for the bathers. Such means of securing privacy may, wherever practicable, be very properly adopted. But the small sum which the schedule to the 10 and 11 Viet. c. 61 has fixed as the price of admission to an open bathing place, will hardly justify expenditure in elaborate structural conveniences, and in most cases the Board assume that byelaws such as those which they have suggested for securing privacy to persons using the public baths could not easily be rendered applicable to an open bathing place. Nor have the Board been able to suggest a byelaw generally applicable for the purpose of providing security against accidents to persons using an open bathing place. Security against accident must very often depend upon the judicious choice of a situation for the bathing place. The provision of suitable means of rescue from danger is an obvious precaution which should not be overlooked, and among the byelaws which the Board have framed for determining the duties of the superintendent of an open bathing place, is one which requires the superintendent to keep ready and fit for use any life-saving apparatus which may be committed to his charge. But the rules which may in each case be imposed for the protection of bathers will derive their chief value from a careful consideration of the nature and special requirements of the locality ; and the subject is therefore one which lies beyond the range of model byelaws intended for general use. Local Government Board, 25th July, 1877. JOHN LAMBERT, Secretary. Authorities competent to adopt the model byelaws. In order to enable byelaws to be made as to public baths and washhouses, the Baths and Washhouses Acts, 1846 to 1882, must first have been adopted for the district or parish, as the case may be. As regards places outside the metropolis, the Acts referred to can be adopted for an urban district by the urban district council, or for a rural parish, with the approval of the Local Government Board, by the parish meeting. In the case of an urban district, the Acts are MEMORANDUM. 315 executed, after adoption, by the district council ; and in the case of a rural parish, by the parish council, or if there is no parish council, by the parish meeting, except in cases where, under s. 36 (4) of the Local Government Act, 1894 (56 & 57 Viet. c. 73), the rural district council may exercise the powers of a parish council. The authority executing the Acts is the authority invested with the power of making byelaws under s. 34 of the Act of 1846. In London such byelaws may at present be made by commissioners appointed under s. 6 of that Act, or where, under s. 33 of the Local Government Act, 1894 (56 & 57 Viet. c. 73), the sanitary authority or other representative body have been invested with the powers of a parish council, by the sanitary authority or other body invested with such powers. The London Government Bill, however, will transfer the execution of the Baths and Washhouses Acts to the proposed borough councils, either directly or by scheme, according to circumstances. Provisions of the model byelaws. The model series comprise clauses designed to give effect to each of the paragraphs of Schedule (A.) to the Baths and Washhouses Act, 1846 (9 & 10 Viet. c. 74), except part of the second and the last paragraph. The reasons which influenced the Local Government Board in omitting byelaws for securing privacy to persons using the wash- houses and open bathing places and security against accidents in the case of an open bathing place, are stated in the memorandum above. (See pp. 313, 314.) Byelaws for regulating the procedure of the local authority under the Baths and Washhouses Acts are probably unnecessary. Section 34 of the Act of ] 846 authorises byelaws " for determining from time to time the charges for the use of the baths and washhouses and open bathing places respectively," but the enactment is in this respect superseded by the Baths and Washhouses Acts, 1847 and 1878 (10 & 11 Viet. c. 61 ; 41 Viet. c. 14), which prescribe the maximum charges that are to be made for the use of public baths and wash- houses and open bathing places. Within the limits thus imposed, the authority executing the Acts are to make such " reasonable charges " as they think fit. Duties of officers and servants. The duties of officers and servants appointed by a local authority under the Public Health Act, 1875, may be determined by "regulations" made under s. 189 of that Act, and such regulations are not subject to any confirmation or approval (s. 188). As the Baths and Washhouses Acts have not been incorporated with the Act of 1875, the duties of officers and servants appointed under those Acts cannot be determined by means of such regulations. Byelaws on this subject can, however, be made under paragraph 5 of Schedule (A.) to the Baths and Washhouses Act, 1846. Approval of byelaws. The non-incorporation of the Baths and Wash- houses Acts with the Public Health Act, 1875, has the further result that the provisions of the latter Act with regard to the making and confirmation of byelaws do not apply to byelaws for the management, use, and regulation of public baths and washhouses. Section 34 of the Baths and Washhouses Act, 1 846, as amended by the Local Government Board Act, 1871 (34 & 35 Viet, c. 70), provides, however, that no byelaw made under the first-mentioned Act shall be of any legal force until approved by the Local Government Board. Byelaws as to swimming baths when used for purposes of recreation, etc. The Baths and Washhouses Act, 1878, authorises the closing for not more than five months in the year, from the beginning of November to SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. the end of March, of any covered or open swimming bath provided under the Baths and Washhonses Acts, and the use of the bath during that time as a gymnasium or otherwise for the purposes of healthful recreation or exercise. The authority executing the Acts may also, at any time, allow any portion of the public baths not required by the authority, to be used for holding vestry meetings, or other parochial purposes. Byelaws may be made by the authority for the regulation, management, and use of the open or swimming baths when used for any of the purposes mentioned ; and all the provisions in the Act of 1846 relating to byelaws are extended, so as to apply to byelaws so made (41 Viet c. 14, ss. 5, 6). The model byelaws of the Local Government Board do not comprise any clauses of this kind. ( 317 ) SEEIES IX. (i.) MANAGEMENT, ETC., OF PUBLIC BATHS. [NOTE. Any local authority proposing to make byelaws on these subjects should apply to the Local Government Board for draft forms on which to submit the byelaws for the Boards preliminary approval, before they are adopted by the local authority.} BYELAWS MADE BY THE* FOE THE MANAGEMENT, USE, AND REGULATION OF THE PUBLIC BATHS. Interpretation of Term. 1. Throughout these byelaws the expression " the Council " Interpreta- means the* For securing that the baths shall be under the due manage- ment and control of the officers, servants or others appointed or employed in that behalf by the Council : For securing adequate privacy to persons using the baths : For securing that men and boys above eight years old shall bathe separately from women and girls and children under eight years old : For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances. 2. Every person resorting to the public baths shall, before Ticket to being admitted to any bath or bath-room, obtain, by payment, be fcakun - from the authorised money-taker, a ticket whereon shall be stated, in addition to such other particulars as the Council may from time to time direct, the class or description of bath to which such person shall be entitled to be admitted. * " Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or, " Urban District Council of ," an the caxe may be. 318 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Such person before being admitted to use such bath shall, upon the application of any person appointed or acting as an attendant of such bath, deliver such ticket to such attendant. General management of baths. The clauses suggested in the model series for securing that the baths shall be under the due management and control of the officers and servants employed by the district council, are to be read in connection with sub-series (iv.), determining the duties of such officers and servants. It will be seen that, in accordance with the usual practice, the byelaws require each person who desires to use the baths to purchase a ticket stating the class or description of bath which he is entitled to use in con- sideration of the sum paid by him. The officer from whom he will obtain the necessary ticket is termed a " money- taker," and the ticket is to be given up to the " bath attendant " by whom he is admitted to the separate bath-room or the swimming-bath, as the case may be. The arrangement prevents any question as to the class of accommodation to which the intending bather is entitled, and so far clearly tends to secure that the baths shall be under the due management and control of the officers and servants. The further use of the ticket, to which, as issued to the money-taker, a counterfoil will be attached, will be obvious when the forms of accounts to be kept by certain of the officers come under consideration. Charges for admission to the baths. The charges that can be made for the several classes of baths are fixed by s. 7 and the schedule to the Baths and Washhouses Act, 1847 (10 & 11 Viet. c. 61), and s. 4 and the schedule to the Baths and Washhouses Act, 1878 (41 Viet. c. 14). Forcible or other improper intrusion. 3. A person resorting to the public baths shall not, by forcible or improper means, seek admission to any bath-room or compartment which shall be occupied by any person using a separate bath. 4, A person resorting to the public baths shall not by forcible or improper means, seek admission to any swimming bath at any time when such swimming bath, or the dressing-rooms, closets, boxes, or compartments attached thereto, shall be occupied by the full number of persons authorised to use, at one and the same time, such swimming bath, or dressing-rooms, closets, boxes, or compartments. 5. A person resorting to the public baths shall not by forcible or improper means, seek admission to any bath before any person who, by priority of payment, shall be entitled to prior admission to such bath. Use of bath 6. A person resorting to the public baths shall not of higher knowingly use any bath of a higher class or description MANAGEMENT, ETC., OP PUBLIC BATHS. 319 than that of the bath for which he shall have obtained a class than , i j that paid ticket of admission. f or- * Prohibition of improper intrusion. Clauses 3, 4 and 5 of this sub-series prevent the improper intrusion of intending bathers into separate bath-rooms which are already occupied, or into a swimming bath to which the full number of bathers which it will accommodate have already been admittted, and require that each person taking a ticket shall await his proper turn for admission. The next clause makes a person liable to a penalty, if he know- ingly makes use of a bath of a higher class than he has paid for. These provisions appear to be authorised by the first, second and fourth paragraphs of Schedule (A.) to the 9 & 10 Viet. c. 74, and are necessary for the proper management of the baths. 7. Every person resorting to the public baths shall, while Persons waiting on the premises for admission to any bath or bath- ^ ait ig to room, remain only in such portion of the premises as shall be set apart as a waiting-room for intending bathers. 8. A person resorting to the public baths shall not after Loitering using any bath or quitting any bath-room, loiter or remain, after bathin fe'- without reasonable excuse, in any passage leading to or from any bath or bath-room. Regulations as to persons waiting to bathe, or who have bathed. Clause 7 contemplates the provision of some sort of waiting-room for persons who cannot be at once accommodated with a bath. Clause 8 will only apply where a person loitering after bathing has no "reasonable excuse" for remaining. 9. A person resorting to the public baths shall not, at any For securing time after being admitted to any swimming bath, or while occupying any dressing-room, closet, box, or compartment attached thereto, enter or seek admission to any other dressing- room, closet, box, or compartment, when occupied by any person, without the consent of such person, or otherwise knowingly intrude upon or interfere with the privacy of any other person using such swimming bath, or occupying any dressing-room, closet, box, or compartment attached thereto. 10. A person resorting to the public baths shall not, at any time, after being admitted to or while occupying any bath- room or compartment containing a separate bath, enter or seek admission from such bath-room or compartment to any adjoining bath-room or compartment when occupied by any person, without the consent of such person, or other- wise knowingly intrude upon or interfere with the privacy 320 Men and boys to bathe separately from women, girls, and children under eight years of age. SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. of any person occupying any adjoining bath-room or compartment. Further provisions for securing privacy. Clauses 9 and 10 of sub- series (i.) are to some extent similar to clauses 3 and 4. While, however, the first-mentioned clauses apply to persons who have obtained admission to a swimming bath or separate bath-room, the two earlier clauses only affect persons seeking admission. 11. A man or boy above eight years old resorting to the public baths shall not enter or use any bath which shall be appointed or appropriated for the use of any woman, or girl, or child under eight years old. 12. A woman, or girl, or child under eight years old resorting to the public baths shall not enter or use any bath which shall be appointed or appropriated for the use of any man or boy above eight years old. Sexes to bathe separately. In referring, on the one hand to men and boys above eight years old, and on the other to women, girls, and children under eight years old, the byelaws follow the terms of the third paragraph of Schedule (A) to the Baths and Washhouses Act, 1846. For prevent- 13. Every person resorting to the public baths shall, at all times, exercise reasonable and proper care in the use of any bath or bath-room, dressing-room, closet, box, or compartment. 14. A person resorting to the public baths shall not, at any time, carelessly or negligently break, or injure, or improperly interfere with the due and efficient action of, any lock, cock, valve, pipe, work, or engine or machinery in connection with any bath, or carelessly or negligently injure any furniture, fittings, or conveniences of any bath, bath-room, dressing- room, closet, box, or compartment. 15. A person resorting to the public baths shall not, at any time, carelessly or negligently injure or destroy any towel, or other linen, or other article supplied for his use. Damage to property. " For preventing damage," the byelaws require, generally, that persons shall exercise " reasonable and proper care " in the use of the baths, and attach a penalty to any act of carelessness or negligence resulting in injury to the furniture, fittings, or conveniences of the baths. The special reference to improper interference with " locks, cocks, valves," etc., is justified by the ease with which damage may be done by this means ; but all cocks and valves, other than those required for the regulation of the MANAGEMENT, ETC., OF PUBLIC BATHS. 321 supply of water to separate baths, should, as well as any "engine or machinery," be so placed as not to be accessible to persons using the baths. Wilful damage, which is punishable under the general law, is not covered by the byelaws. (See 24 & 25 Viet. c. 97.) 16. A person resorting to the public baths shall not, at any For time, while being upon the premises, by any disorderly or disturbance improper conduct disturb or interrupt any other person in the or interrup- proper use of any bath, bath-room, dressing-room, closet, box, lon ' or compartment, or any officer, servant, or person appointed or employed by the Council in the proper execution of his duty. 17. A person resorting to the public baths shall not cause or Dogs not allow any dog belonging to such person, or under his control, "* to enter or remain in any bath, bath-room, dressing-room, closet, box, or compartment, or in any passage leading to or from any bath or bath-room. 18. A person resorting to the public baths shall not, at any indecent and time, while being upon the premises use any indecent and language and offensive language, or behave in an indecent and offensive behaviour, manner. Prohibition of indecent and offensive language and behaviour. Note the copulative : the language or behaviour must be both indecent and offensive in order to bring it within the scope of the byelaw, which, in this respect, follows the terms of the statute. Section 11 of the 41 Viet. c. 14, provides for the exclusion from the baths of any person who shall have been convicted of any offence against public decency in any bath, washhouse, open bathing place, or covered swimming bath, established under the Baths and Washhouses Acts ; and, by the previous section, it is enacted that any bath so established shall be taken to be a public and open place, so as to make an offence against decency therein a criminal offence. 19. A person resorting to the public baths shall not, at any Soap not to time, while being in any swimming bath use any soap or other substance or preparation whereby the water in such swimming bath, bath may be rendered turbid or unfit for the proper use of bathers. 20. A person resorting to the public baths shall not wilfully Fouling and improperly foul or pollute the water in any separate bath water - etc - or in any swimming bath or wilfully and improperly soil or defile any towel, bathing drawers, or bathing dress supplied for his use, or any bath-room, dressing-room, closet, box, or compartment, or any furniture or article therein. 322 Persons SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. 21, A person resorting to the public baths shall not, at any tnne ' while suffering from any cutaneous, infectious, or contagious disease enter or use any swimming bath or any separate bath. Persons suffering from disease. Section 126 of the Public Health Act, 1875, renders any person liable to a penalty if, while suffering from any " dangerous infectious disorder," he wilfully exposes himself, without proper precautions against spreading the said disorder, in any " public place." This enactment appears to be inapplicable to baths provided under the Baths and Washhouses Acts, as such baths would seem not to be a " public place " within the meaning of the section. For another purpose (see note on clause 18), special provision has been deemed necessary to constitute the baths a " public and open place " (41 Viet. c. 14, s. 10). Penalties. Penalties. 22. Every person resorting to the public baths who shall offend against any of the foregoing byelaws shall be liable for every such offence to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Penalty for breach of byelaws. The maximum amount of the penalty which may be imposed by these byelaws is "51. for any and every breach" (9 & 10 Viet. c. 74, s. 34). In connection with this clause, see also the pro- visions of ss. 125 and 126 of the Companies Clauses Consolidation Act, 1845, incorporated with the Baths and Washhouses Act, 1846, by s. 23 of that Act. Removal, etc., of offenders. By ss. 10 and 11 of the 41 Viet. c. 14, the urban district council and their officers are empowered to remove from the baths persons offending against any byelaw made under the Baths and Washhouses Acts, and to refuse admittance to any bath to any person who shall have been convicted of wilfully disobeying any of the byelaws in such bath. ( 323 ) SEEIES IX. (ii.) MANAGEMENT, ETC., OF PUBLIC WASHHOUSES. [NOTE. Any local authority proposing to make byelaws on these subjects should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.] BYELAWS MADE BY THE* FOB THE MANAGEMENT, USE, AND REGULATION OF THE PUBLIC WASHHOUSES. Interpretation of Term. 1. Throughout these byelaws the expression " the Council " Intcrpreta- means the* . tion ' For securing that the washhouses shall be under the due management and control of the officers, servants, or others appointed or employed in that behalf by the Council : For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances. 2. A person resorting to the public washhouses shall not Ticket to use any washing-tub or trough, or any copper or boiler for taken - washing, or any conveniences for drying any clothes or other articles, until such person shall have obtained from the authorised money-taker a ticket whereon shall be stated, in addition to such other particulars as the Council may from time to time direct, the class of washing tub or trough, copper or boiler, or conveniences for drying which such person may be admitted to use. 3. Every person resorting to the public washhouses who Ticket to be shall have been admitted to use any washing-tub or trough, ^j"^ 10 copper or boiler, or conveniences for drying shall, before and pn.p.-r charge paid. * "Mayor, aldermen, and burgesses of the borough of , acting by the council" ; or, " Urban District Council of ," cw the c.axe may be. Y 2 324 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. quitting the public washhouses, produce, upon the application of any attendant of such washhouses, the ticket of admission which may have been issued to such person by the authorised money-taker, and such person shall allow such attendant to enter in such ticket and duly sign an exact statement of the time at which such person shall have ceased to use such washing-tub or trough, copper or boiler, or conveniences for drying. Such person shall before quitting the public washhouses, deliver to the authorised money-taker the ticket duly signed by the attendant, and shall, upon the application of such money- taker, pay to him the sum prescribed as the authorised charge for the use during the time specified in such ticket of the washing-tub or trough, copper or boiler, or conveniences for drying which such person may have been admitted to use. Persons 4. Every person resorting to the public washhouses, shall, wash. ng while waiting for admission to use any washing-tub or trough, or any copper or boiler, or any conveniences for drying, remain only in such portion of the premises as shall be set apart as a waiting room for intending washers. Use of tubs, 5. A person resorting to the public washhouses shall not class han gher knowingly use any washing-tub or trough, or any copper or that paid boiler, or any conveniences for drying, of a higher class than that of the washing-tub or trough, copper or boiler, or conveniences for drying for which such person shall have obtained a ticket of admission. Use of tubs, g. A person resorting to the public washhouses shall not, etc., out of i ., , , . , , turn. bv forcible or improper means, use any washing-tub or trough, or any copper or boiler, or any conveniences for drying, before any person who, having previously obtained the necessary ticket from the authorised money-taker, shall be entitled to prior admission to the use, and shall not have ceased to require the use, of such washing-tub or trough, copper or boiler, or conveniences for drying. General management of the washhouses. As in the case of the byelaws for securing that the baths shall be under the due management and control of the officers and servants, the corresponding clauses of this sub-series require to be considered in connection with sub-series (iv.), which prescribes the duties of the officers and servants. In this case also the byelaws provide for the issue to a " money-taker " of tickets with counterfoils ; and a person desiring to make use of the accommodation provided must take one of these tickets, but does not immediately make any payment to the money-taker. The ticket MANAGEMENT, ETC., OF PUBLIC WASHHOUSES. 325 shows what class or description of washing apparatus such person is to have the use of, and the money-taker will enter upon the ticket the exact time at which the apparatus is given over to her use. When she has completed her operations, she will hand her ticket to an " attendant," and the latter will mark upon it the exact time when she ceased to have the use of the apparatus. She will then present the ticket to the money-taker and pay the authorised charge for the time during which she is shown by the ticket as so marked to have been using the apparatus. The further use of the ticket in connection with the forms of accounts prescribed by the model clauses will be seen later. Clauses 4, 5 and 6 do not differ materially from the corresponding clauses in sub-series (i.). Charges for the use of the washhouses. The maximum charges that can be made for the use of washhouses for the labouring classes are fixed by s. 7 of the Baths and Washhouses Act, 1847, and the schedule to that Act. There is no statutory limit to the charges that may be made for washhouses of any higher class. As to the recovery of charges at public washhouses, see s. 38 of the Act of 1846. 7. Every person resorting to the public washhouses shall at For all times exercise reasonable and proper care in the use of any washing-tub or trough, or any copper or boiler, or any conveniences for drying. 8. A person resorting to the public washhouses shall not at any time carelessly or negligently break or injure, or improperly interfere with the due and efficient action of any lock, cock, valve, pipe, work, or engine or machinery constructed, provided, or used for or in connection with the supply of water to any washing-tub or trough, or any copper or boiler, or carelessly or negligently injure any furniture, fittings, or conveniences, of the public washhouses. 9. A person resorting to the public washhouses shall not wilfully or improperly remove or displace, or wilfully, carelessly, or negligently soil or dirty, or carelessly or negligently injure or destroy, any clothes or other articles brought to be washed by any other person resorting to the public washhouses. Damage to property. In connection with these clauses, reference may be made to the note (p. 320) on clauses 13 to 15 of sub-series (i.). Clause 9 of the sub-series now under consideration provides proper protection for each washerwoman against some possible acts of malice or carelessness on the part of other washerwomen, tending to hinder her in her work, or sully the linen upon which she has expended her labours in the washhouses. Any injury to, or destruction of, linen for the time being in the hands of another washerwoman, will also, if not amounting to wilful damage, come within the by* l;i\v. The disturbance or interruption of another person in the proper n-i' <>f tin; wasliing-tubs, etc., i !' occasioned by disorderly or improper conduct can be dealt with under clause 10. :\->(\ SERIES IX. -PUBLIC BATHS, WASHHOUSES, ETC. For 10. A person resorting to the public washhouses shall not, SSrSe at any time, while being upon the premises, by any disorderly and intormp- or improper conduct disturb or interrupt any other person in the proper use of any washing-tub or trough, or any copper or boiler, or any conveniences for drying, or aiiy officer, servant, or person employed by the Council in the proper execution of his duty. 11. A person resorting to the public washhouses shall not, at any time, while using or before or after using any washing- tub or trough, copper or boiler, or any conveniences for drying, deposit any clothes or other articles or any receptacle for clothes or other articles, or cause or allow such clothes, articles, or receptacle to be deposited or to remain in such manner or position as to obstruct any passage through, or means of entrance to or egress from the public washhouses, or in such manner or position as to disturb or interrupt any other person in the proper use of any washing-tub or trough, copper or boiler, or any conveniences for drying. Disturbance or interruption. See note, ante, as to clause 9. Of the two clauses now in. question, No. 11 appears to be, in part, one for securing that the washhouses shall be under due management and control ; but the byelaw recognises that an untidy washerwoman may, by surrounding herself with buckets, cans, clothes-baskets, or heaps of soiled linen, interrupt or disturb other persons in the proper use of the apparatus and conveniences provided. Indecent and 12. A person resorting to the public washhouses shall not, ifnguagl and at an y ^ me ' wn i le being upon the premises use any indecent behaviour. and offensive language, or behave in an indecent and offensive manner. Prohibition of indecent and offensive language and behaviour. The note (p. 321) on clause 18 of the first sub-series may be referred to. The district council and their officers have power, as regards the washhouses as well as the baths, to refuse admittance to persons who have been convicted of an oft'ence against public decency in any bath, washhouse, open bathing place, or covered swimming bath, establised under the Baths and Washhouses Acts. Offences against decency in the washhouses are criminal offences (41 Viet. c. 14, as. 10, 11). Dogs not 13. A person resorting to the public washhouses shall not ed - cause or allow any dog belonging to or under the control of such person to enter or remain in any part of the premises. MANAGEMENT, ETC., OF PUBLIC WASHHOUSES. 327 Penalties. 14. Every person resorting to the public washhouses who Penalties, shall offend against any of the foregoing byelaws shall be liable for every such offence to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Penalties. Any sum not exceeding "five pounds " may be inserted. (See note (p. 322) on the penalty clause of sub-series (i.).) Power to remove or exclude from the washhouses offenders against the byelaws, is conferred upon the district council and their officers by ss. 10, 11 of the Baths and Washhouses Act, 1878. ( 328 ) SEEIES IX. (iii.) MANAGEMENT, ETC., OF AN OPEN BATHING PLACE. [NOTE. Any local authority proposing to make byelaws on these subjects should apply to the Local Government Board for draft forms on which to submit the byelaws for the Boards preliminary approval, before they are adopted by the local authority. .] BYELAWS MADE BY THE * FOE THE MANAGEMENT, USE, AND REGULATION OF AN OPEN BATHING PLACE. Interpretation of Term. 1. Throughout these byelaws the expression "the Council" means the * For securing that the open bathing place shall be under the due management and control of the officers, servants, or others appointed or employed in that behalf by the Council : For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances. Proper 2, Every person resorting to the open bathing place shall, paidf before being admitted to such bathing place, pay to the officer, servant or person appointed or employed by the Council for the management and control of such bathing place, the sum prescribed as the charge for the use by such person of such bathing place. Interpreta- tion. Entrance and exit. 3, A person resorting to the open bathing place shall not enter or quit such bathing place otherwise than through the door, gate, wicket, passage, or opening appointed by the Council as the authorised means of entrance to or egress from such bathing place. Management and control of the open bathing place. The model byelaws do not contemplate that the services of more than one officer will be required for the management and control of an open bathing place. This * "Mayor, aldermen, and burgesses of the borough of , acting by the council" ; or, " Urban District Council of " ; as the case may be. MANAGEMENT, ETC., OF AN OPEN BATHING PLACE. 329 officer's duties are prescribed by sub-series (v.) of these byelaws ("For deter- mining the duties of ' the superintendent ' of the open bathing place "). As remarked in the memorandum prefixed to the series, such places are not usually distinguished by extensive structural conveniences, and are often little more than a shed or screen under cover of which men and boys may dress and undress. Accordingly no elaborate code of regulations for the management of an open bathing place is prescribed by the model byelaws. The object of clause 3 of the present sub-series, which comes under this heading, is twofold. By requiring that all persons resorting to the bathing place shall enter and leave by the proper door or wicket, it facilitates the collection of the sum charged for admission, and the exercise by the superintendent of proper supervision of such persons while at the bathing place, and it helps to keep persons going to and from the bathing place from wandering over lands in private ownership, over which only a limited right of way may have been granted for access to the bathing place. Charges for open bathing places. The maximum charge for the use of an open bathing place, as fixed by the 10 & 11 Viet. c. PI, and the 41 Viet, c. 14, s. 14, is one penny for each person. 4. A person resorting to the open bathing place shall not, For prevent wilfully or improperly, remove or displace, or carelessly or ln s damage, negligently injure or destroy, any wearing apparel or other articles belonging to, or in the possession of or in use by any other person using such bathing place. 5. A person resorting to the open bathing place shall not carelessly or negligently injure or destroy any building, erec- tion, fence, wall, stile, or gate, or any furniture, fittings, or conveniences constructed, provided, or used in, upon, or in connection with such open bathing place. Damage to property. Having regard to the fact that bathers have, as a rule, in the case of an open bathing place, to leave their clothing and other portable property hanging upon pegs or nails, or deposited on a bench in a common shed, while they themselves are in the water, some special provision, such as is made by Byelaw No. 4, is necessary in order to prevent interference with the articles by other persons using the bathing place, and to protect the owners against injury to their property through the carelessness or negligence of such persons. The structure and fittings of the bathing place are protected so far as is necessary by clause 5. Wilful damage to the property of bathers, or to the bathing place, will be punishable under the general law. 6. A person resorting to the open bathing place shall not, For by any disorderly or improper conduct, disturb or interrupt any 1 ?! v . vi ' 1 | t " other person in the proper use of such bathing place, or any and intermp- officer, servant, or person appointed or employed by the tlon> Council in the proper execution of his duty. 330 SERIES IX. -PUBLIC BATHS, WASHHOUSES, ETC. Indecent and 7. A person resorting to the open bathing place shall not, at language and any time, while using such bathing place use any indecent and behaviour. offensive language, or behave in an indecent and offensive manner. Indecent and offensive language and behaviour. As previously noticed, the byelaws can only deal with language and conduct which are indecent and offensive. Byelaw No. 9 of this sub-series prohibits acts which, though offensive, are not necessarily indecent ; but that clause is to be regarded as one for preventing nuisances. Offences against decency in open bathing places are criminal offences, and any person who has been convicted of any offence against public decency in any bath, washhouse, open bathing place, or covered swimming bath established under the Bnths and Washhouses Acts may be excluded from an open bathing place (41 Viet. c. 14, ss. 10, 11). Dogs not admitted. Defilement of buildings, etc. 8. A person resorting to the open bathing place shall not cause or allow any dog belonging to such person or under his control to enter or remain in or upon any part of such bathing place. 9. A person resorting to the open bathing place shall not wilfully or improperly soil or defile any building, erection, fence, wall, stile, or gate, or any furniture, fittings, or conveniences constructed, provided, or used in, upon, or in connection with such bathing place, or any path, passage, or means of access to the water from such bathing place. Defilement of buildings, etc. See note on clause 7. Penalties. Penalties. 10. Every person resorting to the open bathing place, who shall offend against any of the foregoing byelaws shall be liable for every such offence to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Penalties. Any sum up to "five pounds" may be inserted. Under PS. 10, 11, of the Baths and Washhouses Act, 1878 (41 Viet. c. 14), offenders against the byelaws may be removed or excluded from the open bathing place. ( 331 ) SEEIES IX. (iv.) DUTIES OF OFFICEES AND SERVANTS. 'NOTE. Any local authority proposing to make byelaws on these subjects should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.} BYELAWS MADE BY THE * FOB DETERMINING THE DUTIES OF THE OFFICERS AND SERVANTS OF THE PUBLIC BATHS AND WASHHOUSES. Staff required for the public baths and washhouses. The number of officers and servants required for the administration of the public baths and wushhouses, will depend principally upon the size and arrangement of the buildings, and the extent to which they are patronised by the public. The model byelaws contemplate that, as a rule, it will be found necessary to appoint For the baths and washhouses a superintendent, a matron, an engineer, and one or more stokers or firemen ; For the baths one or more money-takers, one or more male attendants, and one or more female attendants ; For the washhouses one or more money-takers, and one or more attendants. The duties of more than one of the offices mentioned, may, in some cases, In' assigned to one person : but all the duties enumerated in this sub-series will, in practice, have to be provided for in every case, assuming that waslihouses as well as baths are established. Where there are no washhouses, the references to washhouses and the apparatus and conveniences provided therein should be struck out of the byelaws. *" Mayor, aldermen, and burgesses of the borough of , acting by the council" ; or, " Urban District Council of ," cw the cane may be. 332 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Scheme of duties. The following outline of the scheme of duties, settled by the model byelaws, may be found useful as a key to this sub-series. Commencing with officers whose functions are not such as to bring them into direct contact with the public, it may be stated that the engineer, assisted by the stokers or firemen, is to regulate the working of the machinery and keep the several parts in proper order. He is to keep an account of fuel and stores, which is to be submitted to the superintendent at the end of each week, and is to show the quantities of fuel and stores received, and consumed in the baths and washhouses respectively, during the week, and the estimated requirements in the matter of fuel and stores for the following week. He is to report to the superintendent any breach on the part of a stoker or fireman of the byelaws determining the duties of the latter. The money-taker of the baths is to receive money from persons seeking admission to the baths, and to issue to each a ticket showing the class or description of bath paid for. The ticket will be detached from a book of tickets (with counterfoils) provided by the council ; and from the counterfoils the money-taker is to make up daily and submit to the superintendent, an account showing how many tickets he has sold for each class of bath, and the sums received for such tickets. The book containing the counterfoils will be submitted, and the money taken paid over to the superintendent at the same time. If the money-taker is permitted to sell soap to persons requiring it, he is in the same manner to account for any soap sold by him. The money-taker of the washhouses performs duties cognate to those of his confrere of the baths, but he does not take money from the washerwomen as they enter the washhouses. The arrangement in this respect is described at pp. 324, 325. The bath attendants are required to have the baths ready for use daily at the hour for opening the baths, to take from the bathers the tickets presented by them, and to see that the bath used in each case is not of a higher class than that paid for by the bather. After the use by any person of a separate bath, it is to be emptied and made ready for use again by the attendant ; and at the end of the day, each bath under his charge is to emptied and cleansed, and the premises generally put in order for the following day. The tickets which he has received during the day are to be handed to the superintendent. The washhouse attendants perform similar duties in regard to the washhouses. If an attendant becomes aware of any breach of the byelaws having been committed, the facts are to be reported to the superintendent or the matron, according to circumstances. The attendants are responsible for the ticket of each washerwoman being so marked, when she has finished work, as to show what sum is due from her for the use of the washing-tubs, etc. The matron has to supervise the washhouses, and the baths for women and children, and to see that the duties of the attendants under her direction are properly performed. She takes charge of the towels and other articles for use in her department ; and while not required to keep accounts, lias to furnish the superintendent with written estimates of her requirements as regards such articles. Any breach of the byelaws coming to her knowledge is to be reported to the superintendent. The superintendent's duties extend to the direct supervision of the baths for men and boys, and the general control and direction of the rest of the premises, and of the entire subordinate staff. He is responsible for the custody and distribution of stores, and is from time to time to furnish estimates of any additional stores that may be required. Any structural or other defect that he may discover at the baths and washhouses, is to be brought to the notice of the Council. He is to see that the byelaws are duly observed by all concerned, and where they are infringed, he is to report the facts to the DUTIES OF THE SUPERINTENDENT. 333 Council. He has to compare the daily accounts and takings of the money- takers with the tickets and counterfoils, and once a week to pay over the moneys received by him to the treasurer of the Council. The accounts which he is required to keep are (a) a daily account and weekly summary of the baths supplied ; (6) a daily account and weekly summary of the use of the tubs, etc., in the washhouses ; (c) a day book ; (d) a stock and stores account, and a quarterly summary thereof ; and (e) a receipt and payment account (to be balanced weekly). These several accounts together with the bills and vouchers are to be produced to the Council at every ordinary meeting. Accountability of officers. Section 23 of the Baths and Washhouses Act, 1846, incorporates, so far as they are applicable, the provisions of ss. 109 114 of the Companies Clauses Consolidation Act, 1845, "with respect to the accountability of the officers of the [Council]." These provisions require, inter alia, that security shall be taken from all officers of the baths and wash- houses who are to be entrusted with money, and empower the council to call for an account of all moneys received by any such officer on behalf of the Council. A summary remedy is applicable in the case of an officer failing to account. Interpretation of Term. 1. Throughout these byelaws the expression "the Council" Interpreta- means the* tion - Duties of the Superintendent, t 2. The following shall be the duties of the superintendent of Dutie* of the public baths and washhouses : upcrinten- dent. (1.) He shall cause the public baths to be opened on Opening and every week day at the hour of in the fore- Closing of / , , .11 P , u baths aiid noon and to be closed at the hour of in the washhouses. afternoon. (2.) He shall cause the public baths to be opened on every Sunday at the hour of in the forenoon, and to be closed at the hour of in the forenoon. Exclusion of general public from swimming bath during certain hours. The question sometimes arises whether the local authority can, during * " Mayor, aldermen, and burgesses of the borough of , acting by the Council " ; or, " Urban District Council of ," an the cane may be. f A summary of the duties of the superintendent of the baths and washhouses will be found in the note ( ' ' Scheme of duties ") above. 334 SEKIES IX. PUBLIC BATHS, WASHHOUSES, ETC. certain defined hours, close to the public a swimming bath provided by them under the Baths and Washhouses Acts, and appropriate it during those hours to the exclusive use of members of a swimming club. There would seem, however, to be no authority for such an arrangement. (3.) He shall cause the public washhouses to be opened on every week day at the hour of in the fore- noon and to be closed at the hour of in the afternoon. Inspection of (4.) He shall, on every day before the hour appointed respectively for the opening of the public baths and washhouses, visit and inspect every part of the premises and ascertain and take care that all baths, bath-rooms, dressing-rooms, closets, boxes, or compart- ments, washing-tubs or troughs, coppers or boilers, furniture, fittings, and conveniences of the public baths and washhouses are clean and in good order and ready for the use of persons resorting to such baths and washhouses. (5.) He shall, on every day after the hour appointed respectively for the closing of the public baths and washhouses, visit and inspect every part of the premises and ascertain and take care that all fires are properly banked up or extinguished as the case may require, and that all lights are properly extin- guished, that every separate bath, washing-tub or trough, copper or boiler, is properly emptied and cleansed, that the water for the supply of every such bath, washing-tub or trough, copper or boiler, has been properly turned off, and generally that due precautions have been taken to prevent waste or misuse of water. Inspection of premises. The supervision of the washhouses and of the baths for women and children, during the day, between the hours of opening and closing, devolves upon the matron, under clause 3 (1) of this sub-series. The superintendent, however, is required to go round the premises before the hour of opening and see that in every department both the baths and the washhouses are in good order and ready for use. In like manner, he must see that every part of the premises is left in proper order at the close of the day. It will be the matron's duty to have such parts of the premises as are under her immediate charge ready for the superintendent's inspection when he makes his rounds after closing-time (see clause 3 (3) ). DUTIES OF THE SUPERINTENDENT. 335 Banking up of fires at night. Where no part of the premises is open on Sunday, the fires will probably be extinguished when the baths and wash- houses are closed on Saturday night. On other days, in the case of large establishments, the fires will usually be " banked-up " at the close of the day, so as to smoulder through the night and burn up readily when wanted in the morning. The engineer, assisted by the stokers or firemen, will do this, and the superintendent will merely have to see that it has been done properly before the premises are left for the night (see clauses 9 (6) and 10 (7) of the present sub-series). (6.) He shall not, except in case of necessity, purchase Not to or procure any articles for use in the public baths goods^r pay and washhouses, or order any alterations or repairs moneys of any part of the premises, or of the furniture, direction, etc> fittings, conveniences, or articles belonging thereto, or pay any moneys on account of the public baths and washhouses without the directions of the Council, or apply any articles belonging to the public baths and washhouses to purposes other than those authorised or appointed by the Council. Ordering of goods, and payment of moneys. The district council will consider whether, in their opinion, the superintendent should be entrusted with any general power of procuring stores, ordering repairs and alterations, paying bills, salaries, etc. ; but it will probably be found best to retain this paragraph of clause 2, which provides for cases of emergency, but otherwise requires the superintendent to obtain the specific authority of the council before giving any such orders or making any such payment. (7.) He shall accurately keep, in the form herein-after Daily account prescribed, a daily account of the number and classes ( 1)aths )- of the baths supplied, of the number of persons of each sex and of children not above eight years old resorting to the public baths, and also of the sums received in respect of the use of such baths by such persons and children. He shall, on the last day of every week, prepare and Weekly enter in the book containing such daily account a summar y- summary, in the form herein-after prescribed, of the several particulars shown in such account in respect of each day of such week. 336 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. FORMS OF ACCOUNT. Public Baths for the Borough or District of THE SUPERINTENDENT'S DAILY ACCOUNT. day the day oj 18 . No. of No. of Bathers. Class or description of baths. baths supplied Males. Females. Children not above 8 years old. Receipts. BATHS FOB THE s. d. LABOURING CLASSES. For male persons above 8 years old : Cold baths - Cold shower baths Warm baths Warm shower baths - Vapour baths For female persons above 8 years old : Cold baths - Cold shower baths Warm baths Warm shower baths - Vapour baths For children not above 8 years old, bathing to- gether : Cold baths - Cold shower baths Warm baths Warm shower baths - Vapour baths BATHS OF ANY HIGHER CLASS. * Total * Here insert the description of the several baths comprised in this class. DUTIES OF THE SUPEEINTENDENT. 337 For the week ending WEEKLY SUMMARY. the day of 18 . Class or Description of Baths. No. of baths supplied No. of Bathers. Receipts. Males. Females. Children not above 8 years old. BATHS FOR THE LABOURING CLASSES. 8. d. For male persons above 8 years old : Cold baths Cold shower baths Warm baths Warm shower baths - Vapour baths For female persons above 8 years old : Cold baths - Cold shower baths Warm baths Warm shower baths - Vapour baths For children not above 8 years old, bathing to gether : Cold baths - Cold shower baths Warm baths Warm shower baths - Vapour baths BATHS OF ANY HIGHER CLASS. * Total * Here insert the description of the several baths comprised in this class, B. 338 SERIES IX.- PUBLIC BATHS, WASHHOUSES, ETC. Accounts of the baths and washhouses. If we except the engineer's account of fuel and stores prescribed by clause 9 (2), the only accounts required to be kept by these byelaws are those of the superintendent and money- takers. The money-takers' accounts are confined to a mere statement of the tickets issued and the sums received by them in a form which can conveniently be checked by the superintendent, who is the real accounting officer of the baths and washhouses. As previously mentioned, the matron is not required to keep any accounts. Superintendent's daily baths account and summary. The particulars necessary to enable the superintendent to make up his daily baths account will be obtained by him from the accounts of the several money-takers of the baths, which are to be handed to him for that purpose at the close of the day (clause 4 (3) (4)). The daily totals are to be carried week by week to the summary, and if the account and summary be properly kept, and produced to the council as required by sub-clause (21), the council will be fully informed of the amount of business done at the baths, and be enabled to judge accurately how far the accommodation provided satisfies the requirements of the public. A similar account and summary are to be kept by the superintendent for the washhouses. (See sub-clause (8).) If a suggestion may be offered, it may be questioned whether a column should not be added to the daily baths account for the prices of the several baths. This, in connection with the particulars in the second column (" No. of baths supplied ") would enable the amount in the column for " receipts " to be more easily checked. Classification of baths. - In respect of the classification of baths, the accounts of the superintendent and money-takers correspond to the schedule to the Baths and Washhouses Act, 1847 (10 & 11 Viet. c. 61). (8.) He shall accurately keep, in the form herein-after houses). prescribed, a daily account of the number of persons resorting to the public washhouses, of the time and manner of use by such persons of the conveniences for washing and drying clothes and other articles, and also of the sums received from such persons in respect of the use of such conveniences. He shall, on the last day of every week, prepare and enter in the book containing such daily account a summary, in the form herein-after prescribed, of the several particulars shown in such account in respect of each day of such week. DUTIES OF THE SUPERINTENDENT. 339 FORMS OF ACCOUNT. Public Washhouses for the Borough or District of THE SUPERINTENDENT'S DAILY ACCOUNT. day the day of 18 . Class and description of conveniences, and particulars of time and manner of use. Number of persons by whom used. Receipts. WASHHOUSES FOR THE LABOURING CLASSES. One washing-tub or trough used with a copper or boiler ; or One pair of washing-tubs or troughs - (a) With the use of the conveniences for drying : For one hour only in the day - - - - For two hours together in the day - For two hours, not together, or for more than two hours in the day (b) Without the use of the conveniences for drying : For one hour only in the day - For two hours together in the day - For two hours, not together, or for more than two hours in the day - Conveniences for drying clothes or other articles used alone WASHHOUSES OF ANY HIGHER CLASS. * Total . d. * Here insert the class and description of conveniences, and the particulars of the time and manner of use. 340 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. WEEKLY SUMMARY. For the iceek ending the day of 18 . Class and description of conveniences, and particulars of time and manner of use. Number of persons by whom used. Receipts. WASHHOUSES FOB THE LABOURING CLASSES. One washing-tub or trough used with a copper or boiler ; or One pair of washing-tubs or troughs (a) With the use of the conveniences for drying : For one hour only in the day - - - - For two hours together in the day - For two hours, not together, or for more than two hours in the day (6) Without the use of the conveniences for drying : For one hour only in the day - - - - For two hours together in the day - For two hours, not together, or for more than two hours in the day Conveniences for drying clothes or other articles used alone ---------- WASHHOUSES OF ANY HIGHER CLASS. it- Total *. d. * Here insert the class and description of conveniences, and the particulars of the time and manner of use. Superintendent's daily washhouses account and summary. The super- intendent's daily account of the business done at the washhouses, and the summary of the account, are to be made up from the accounts of the money- takers of the washhouses, and will serve in relation to the washhouses the same purpose as the daily account and summary required to be kept as regards the baths by sub-clause (7). An additional column for the sums charged ior the several classes of conveniences might be found useful in checking the daily account. DUTIES OF THE SUPERINTENDENT. 341 Classification of the conveniences of the washhouses. In this case also, the form of account follows the arrangement of the schedule to the Act of 1847. (9.) He shall accurately keep, in the form herein-after Day hook prescribed, a day book, in which he shall enter, from day to day, under the proper dates, the amount of the invoices of all articles supplied for use in or in con- nection with the public baths and washhouses, and bills for all repairs or other work executed upon or in connection with the premises. He shall enter and number the invoices and bills in the Invoices and order in which they are received, and shall file and 1 s ' preserve such invoices and bills in the same order. FORM OF ACCOUNT. Public Baths and Washhouses for the Borough or District of THE SUPERINTENDENT'S DAY BOOK. For the week ending day the day of 18 . Date. Number of invoice or bill. Name of Tradesman. Trade. Amount. *. d. Total Day hook. The invoices of all articles supplied for use at the baths and waslihrnisus are to be examined by the superintendent before the articles are placed in store or issued for use (sub-clause (15)). The invoices, and any bills for repairs or oilier work done on the premises, are then to be entered in the superintendent's day book, which he will produce to the council as required 1 iy -nb-clause (21). As to the ordering of goods, repairs, etc., see sub-clause (6). When the day book is before them, the council will give the necessary directions for the payment of bills. 342 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Stock and stores account. Summary. (10.) He shall accurately keep, in the form herein-after prescribed, an account of stock and stores, in which he shall enter, from week to week, under the proper dates, the description, quantities, and other particulars of all articles received by him for use or consumption in or in connection with the public baths and wash- houses, and also the particulars of the use or consumption of such articles. He shall balance such account quarterly, and shall at the end of every quarter prepare and enter in the book containing such account a summary, in the form herein-after prescribed, of the several particulars shown in such account in respect of each week of such quarter. FORMS OF ACCOUNT. Public Baths and Washhouses for the Borough or District of THE SUPERINTENDENT'S ACCOUNT OF STOCK AND STORES. For the week eliding day the day of 18 . Articles. Stock brought forward. New Stock. No. of Invoice, or Name of Tradesman supplying. Totals of Stock brought forward, and New stock. Used or Consumed. Re- maining in Store. Totals Used or Consumed and remaining in Store. Obser- vations. In the Public Baths. In the Public Wash- houses. DUTIES OF THE SUPERINTENDENT. 343 QUARTERLY SUMMARY. For the quarter ending 18 Week. * Week. f 1st 1st. 2nd 2nd. 3rd 3rd. 4th 4th. 5th 5th. llth llth. 12th 12th. U3th 13th. Totals Totals. f 1st 1st. o 2nd 2nd. c S 3rd 3rd. 5 03 4th 4th. ll 5th 5th. 2 6th 6th. 03 03 , 7th 7th. o {? 8th 8th. o 9th 9th. ;i 10th 10th. 'S rv llth llth. . ^ 12th 12th. V 13th 13th. Totals Totals. * The names of the several articles are to be placed in the appropriate spaces at the head of the several columns. 344 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Receipt and payment account. Account of stock and stores and summary. One of the duties of the superintendent is to supply estimates of the articles from time to time required for use at the baths and washhouses (sub-clause (14)), and a proper account of stock and stores is necessary to enable him to discharge this duty properly, and to effectively supervise the consumption of stores by the subordinate officers. The entries in the third and fourth columns of this account should be made direct from the invoices, after these have been examined as required by sub-clause (15). (11.) He shall accurately keep, in the form herein-after prescribed, an account of receipts and payments, in which he shall enter, from day to day, under the proper dates, the amount and other particulars of all moneys received or paid by him on account of the public baths and washhouses. He shall balance this account once in every week. FORM OF ACCOUNT. Public Baths and Washhouses for the Borough or District of THE SUPERINTENDENT'S ACCOUNT OF RECEIPTS AND PAYMENTS. For the week ending day the day of 18 . RECEIPTS. PAYMENTS. Date. Names and particulars. Amount. Date. Names and particulars. Amount. s. d. s. d. Balanced this day of IS (Signed). Superintendent. Account of receipts and payments. The receipts for which the superin- tendent will be required to account will iisually be confined to the daily takings of the money-takers, and his expenditure, except for small items for which he may have to make immediate payment, will consist of sums which the council have directed him to disburse on account of the baths and wash- houses after the bills, etc., have been submitted to them as required by the byelaw (sub-clauses (6) (21) ). The account of receipts and payments is to be DUTIES OF THE SUPERINTENDENT. 345 balanced weekly. The day of the week in which the balancing is to be effected will ordinarily depend on the day of meeting of the council. The account should be balanced when presented to the council under sub-clause (21). (12.) He shall, at the end of every day during which the To receive public baths or washhouses may have been open, tickets ^ receive from the several money-takers the sums paid to them by persons resorting to such baths or wash- houses. He shall also receive from the several attendants the tickets delivered to them by the persons resorting to the public baths, and from the several money- takers the tickets delivered to them by persons resorting to the public washhouses. He shall examine and compare such tickets with the which are to entries in the daily accounts of the several money- ' takers, and also with the counterfoils in the books from which such tickets may have been detached and issued by the several money-takers, and shall ascer- tain ]that the total amount of the sums received by him from each money-taker corresponds with the total amount of the sums entered in his daily account and specified in the several tickets issued during the day by such money-taker. He shall certify the fact of such examination and and certified, comparison having been duly made by inserting his initials in the appropriate column of the daily account of each money-taker, and also by inserting his initials and a memorandum of the date on the counterfoil of the last of the tickets which may have been detached and issued during the day by each money-taker. Verification of accounts of money-takers. This part of the superin- tendent's duty should be regularly and carefully performed. He should in every case insist on the money and tickets being handed to him daily, together with the accounts of the money-takers, as soon as possible after the hour of closing. It is not absolutely necessary that the examination of the money- takers' accounts should be made the same night ; but if this is left till the following morning, it will usually be necessary to issue on that morning different books of tickets to those which were in use during the previous day. All books of tickets not actually in use should be kept by the super- intendent under lock and key, and pains should be taken to impress upon the bath attendants that they must on no account deliver up any of the tickets which they receive from bathers except to the superintendent himself. 346 SEKIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Payments to treasurer. Estimate of articles required Goods received to be compared with invoices. To take charge of and issue stores. (13.) He shall, once at least in every week, pay over all moneys received by him on account of the public baths and washhouses to the treasurer of the Council. Payment of moneys to treasurer. The weekly payment to the treasurer of the council of the balance from time to time in the hands of the superin- tendent is a duty which should be regularly enforced by the council, subject to any directions which they may think proper to give him for the payment of bills, etc., as provided by sub-clause (6). (14.) He shall submit to the Council, at every ordinary meeting, an estimate of such articles as may be required for use in the public baths and washhouses and shall receive and execute the directions of the Council thereon. Estimates for stores. In preparing his estimates of articles required for use at the baths and washhouses, the superintendent will be assisted by the matron (clause 3 (7) ), and the engineer (clause 9 (2) ). (15.) He shall, as soon as conveniently may be after receiving any articles purchased or procured for use in the public baths and washhouses, and before placing such articles in store, or before issuing such articles for use in the public baths and washhouses, examine and compare such articles with the bills of parcels or invoices severally relating thereto, and, after having proved the accuracy of such -bills or invoices, shall authenticate the same with his signature, and submit them to the Council at their next ordinary meeting. (16.) He shall receive and take charge of all articles pur- chased or procured for use in the public baths and washhouses or confided to his care by the Council, and shall, from time to time, as occasion may require, issue such articles to the several officers, servants, or persons appointed or employed by the Council. Issue of stores. As to the matron's responsibility for a portion of the stores, see clause 3 (2) (6). The engineer is also responsible to the superintendent for certain stores (clause 9 (2) ). Defects to be reported. (17.) He shall, as often as he may ascertain the existence of any defect in any part of the public baths and wash- houses, or in any furniture, fittings, conveniences, or DUTIES OF THE SUPERINTENDENT. 347 articles provided for use in or in connection with such baths and washhouses, report such defect, in writing, to the Council at their next ordinary meeting. Defects in structure, fittings, etc. The superintendent's daily inspection of the premises under sub-clauses (4) and (5) will afford opportunities of ascertaining any defects of a structural or other nature in connection with the baths and washhouses ; but in addition to this it is the duty of the matron and subordinate officers to call attention to such matters of the kind as come under their notice (see clauses 3 (8), 6 (9), 7 (9), 8 (7), 9 (5), 10 (4) ). (18.) He shall take care that the byelaws for the manage- Observance ment, use, and regulation of the public baths and of b y elaws - washhouses, and of the persons resorting thereto respectively, and for determining the duties of the officers, servants, and others appointed by the Council are duly observed. (19.) He shall, from time to time, as often as he may Breach of ascertain that any breach of any of such byelaws has been committed, report the facts of the case in writing to the Council. (20.) He shall keep a book in which he shall punctually Reports to be and accurately enter all his written reports to the^^ re( Council. Observance of byelaws. The superintendent is responsible generally for the due observance of the byelaws throughout the establishment. Any breach of the byelaws that may come to the notice of a male attendant at the baths, or of the engineer,^ to be reported by the officer to the superintendent. In like manner, the attendants at the washhouses, and the female attendants of the baths, report to the matron, who makes her own report to the superinten- dent. (See clauses 3 (9), 6 (10), 7 (10), 8 (8), 9 (8).) It will be on the superintendent's report to the council that proceedings will be taken for the recovery of penalties for infringement of the byelaws : and it is necessary, therefore, that all such reports should be in writing and be carefully preserved. Accordingly, sub-clauses (19) and (20), in effect, require the superintendent to make his report in a book which he is to keep for the purpose. It may be added that the byelaws do not contemplate that he will be invested by the council with the power of suspending or dismissing a subordinate officer for any breach of the byelaws, or other misconduct, but that this power will be exercised, where necessary, by the council, after receiving his report. (21.) He shall submit to the Council at every ordinary Books and meeting all books and accounts which he may be i^ U p C r( ^ c ^d directed or required to keep, together with all bills, to council, receipts, vouchers or documents relating to such books and accounts, or otherwise to the management of the public baths and washhouses. 348 Inspection of books ;iml documents. Penalty. SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. (22.) He shall, upon the application of any member of the Council, allow such member to inspect any book or account which he may be directed or required to keep, or any bill, receipt, voucher, or document relating to any such book or account or otherwise to the management of the public baths and washhouses. Inspection of books and documents. This byelaw gives members of the council rather wide powers with regard to the inspection of the books, accounts, and documents, to be kept by or in the hands of the superintendent. While however, any member of the council may call upon him to permit an inspec- tion of his books, etc., by such member, no book or paper, produced for the purposes of the inspection, should be taken out of the superintendent's hands. Any question that may arise on the inspection should be brought before the council at their next ordinary meeting, when, in accordance with the previous clause, the books, accounts, and documents, will be produced to the council. (23.) For every offence against any of the foregoing byelaws for determining his duties, the superintendent of the public baths and washhouses shall be liable to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The maximum penalty authorised is "five pounds." Duties of matron. Inspection of premises. Duties of the Matron* 3. The following shall be the duties of the matron of the public baths and washhouses : (1.) She shall, from time to time during every day on which the public baths or washhouses may be open, visit and inspect every part of the public washhouses and every part of the public baths appointed or appro- priated for the use of women and girls, and children under eight years old, and ascertain and take care that the several washing-tubs or troughs, coppers or boilers, and conveniences for drying are properly and * A summary of the duties of the matron will be found in the note (" Scheme of duties ") on p. 332. DUTIES OF THE MATRON. 349 with all reasonable expedition prepared and made ready, from time to time, as often as occasion may require, for the use of persons resorting to the public washhouses, and that the several baths, bath-rooms, dressing-rooms, closets, boxes, or compartments appointed or appropriated for the use of women and girls, and children under eight years old, are properly and with all reasonable expedition prepared and made ready, from time to time as often as occasion may require, for the use of such women, girls and children, and that the supply of clean towels is at all times sufficient for the requirements of such women, girls, and children. Classification of bathers. The reference to " women and girls, and children under eight years of age," is in accordance with the terms of Schedule (A.) to the Baths and Washhouses Act, 1846. (2.) She shall, from time to time during every day on which Issue and the public baths may be open, cause all towels and other linen and articles, which may have been used by persons resorting to the public baths, to be collected from the several receptacles appointed for such towels, linen, or articles, or from the several attendants of such baths, and shall at the same time cause each of such attendants to be supplied with a sufficient number of clean towels, linen, or other articles. (3.) She shall, on every day after the hour appointed for the Baths to be closing of the public baths, cause every bath appointed premises "put or appropriated for the use of women and girls, and in order, children under eight years old, to be properly emptied and cleansed, and every bath-room, dressing-room, closet, box, or compartment, and every passage, stair, and floor in such part of the public baths as may be appointed or appropriated for the use of women, and girls, and children under eight years old, to be properly cleansed, and all furniture, fittings, and conveniences of such part of the public baths to be properly cleansed and arranged. (4.) She shall, on every day after the hour appointed for the Tubs, etc. to closing of the public washhouses, cause every washing- ^"remises tub or trough, and copper or boiler to be properly put in order. emptied and cleansed ; and every passage, floor, or stair of such washhouses to be properly cleansed, 350 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. and all furniture, fittings, and conveniences of such washhouses to be properly cleansed and arranged. Premises to be put in order at the close of each day. The work is to be done by the attendants under clauses 7 (3), 8 (3). Washing and (5.) She shall duly superintend and give the necessary towels, etc. directions concerning the washing and drying of the towels, linen, and other articles provided for the use of persons resorting to the public baths. To take (6.) She shall, from time to time, receive and take charge of all articles purchased or procured for use in the public stores. baths and washhouses, and delivered to her care by the superintendent. Estimate of (7.) She shall, from time to time, furnish the superintendent w *^ an es ^mate in writing of such articles as may be required for use in the public baths and wash- houses. Defects to be (8.) She shall, from time to time, as often as she may reported. ascertain the existence of any defect in any bath, bath-room, dressing-room, closet, box, or compart- ment appointed or appropriated for the use of women and girls, and children under eight years old, or in any furniture, fittings, or conveniences, provided in or in connection with such bath, bath-room, dressing- room, closet, box, or compartment, or in any washing-tub or trough, copper or boiler, or con- veniences for drying, or in any furniture, fittings, or conveniences, provided in connection with such washing-tub or trough, copper or boiler, or con- veniences for drying, forthwith report such defect to the superintendent. Breach of (9.) She shall, from time to time, as often as she may ascertain byelaws to be , , , , , , , ' J reported. that any breach 01 the byelaws for the management, use, and regulation of the public baths and wash- houses and of the persons resorting thereto respec- tively, and for determining the duties of the officers, servants, and others appointed or employed by the Council, has been committed, report the facts of the case to the superintendent. Penalty. (10.) For every offence against any of the foregoing byelaws for determining her duties, the matron of the public DUTIES OF THE MONEY-TAKER (BATHS). 351 baths and washhouses shall be liable to a penalty of Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence, may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The maximum penalty may be any sum not exceeding "five pounds." Duties of the Money-taker of the Public Baths* 4. The following shall be the duties of the money-taker of Duties of the public baths:- ^f'' (1.) He shall attend punctually at the public baths on every TO attend week-day at the hour of in the forenoon, and on punctually, every Sunday at the hour of in the forenoon. (2.) He shall, on receiving from any person resorting to the To give public baths the sum prescribed as the authorised charge for admission to use any bath, detach from a book to be provided by the Council, and deliver to such person, a ticket whereon shall be stated in addition to such other particulars as the Council may from time to time direct, the class or description of bath to which such person may be entitled to be admitted. Issue of tickets. See note on clause 2 of sub-series (i.). From the counter- foils of the tickets, the money-taker will make up his daily account and if, as should be the case, the ticket, when received by the attendant, is given up to the superintendent, and to no other person, an effectual check on the pro- ceedings of the money-taker is secured. (3.) He shall accurately keep, in the form hereinafter pre- Dail y scribed, a daily account of the number of tickets of admission issued in respect of each of the several classes of baths, and of the sums received by him in respect of the sale of such tickets, and also in respect of the sale of soap to persons resorting to the public baths. * For a summary of the duties of the money-taker, see the note (" Scheme of duties ") on page ,'W2. 352 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. FOEM OF ACCOUNT. Public Baths for the Borough or District of THE MONEY-TAKER'S DAILY ACCOUNT. day the day of 18 . Class or Description of Baths. Number of Tickets Sold. Receipts. Initials of Superintendent. BATHS FOR THE LABOURING CLASSES. s. d. For male persons above 8 years old : Cold baths .... Cold shower baths - Warm baths .... Warm shower baths Vapour baths For female persons above 8 years old : Cold Baths .... Cold shower baths - Warm baths - Warm shower baths Vapour baths For children not above 8 years old, bathing together : Cold baths - Cold shower baths Warm baths - Warm shower baths Vapour baths ' BATHS OF ANY HIGHER CLASS. * Total * Here insert the description of the several baths comprised in this class. DUTIES OF THE MONEY-TAKER (BATHS). 353 SOAP SALES ACCOUNT. Total Number of Tablets or Quantity of Soap Sold. Price per Tablet or per Receipts. *. d. s. d. (4.) He shall preserve the counterfoils of the several tickets To hand over counter of admission which he may issue during each day to foils, money persons resorting to the public baths and shall, on ^ nd acc . un t . to superm- each day, as soon as conveniently may be after the tendent. hour appointed for the closing of the public baths, deliver to the superintendent the book or books containing such counterfoils and the book containing the daily account of tickets issued and sums received, and shall at the same time, pay over to the superin- tendent all moneys which may have been received during such day in respect of the sale. of such tickets, and in respect of the sale of soap to persons resorting to the public baths. (5.) For every offence against any of the foregoing byelaws Penalty, for determining his duties, the money-taker of the public baths shall be liable to a penalty of Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think B. 2 A 354 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The amount inserted may be "five pounds " or any less sum. Duties of the Money-taker of the Public Washhouses. 5. The following shall be the duties of the money-taker of Duties of money-taker .. , .. , , (iw*fcNi*). the public washhouses : To attend tickets' To receive QJ jj e g^gj] punctually attend at the public washhouses on every week-day at the hour of in the forenoon. ^') ^ e sna ^' on the application of any person resorting to the public washhouses for admission to use any washing-tub or trough, copper or boiler, or con- veniences for drying, ascertain and enter the name of such person in a ticket, whereon shall be stated, in addition to such other particulars as the Council may from time to time direct, the class or description of washing-tub or trough, copper or boiler, or con- veniences for drying which such person may be admitted to use. He shall also accurately enter in such ticket the exact time at which the same may be issued, or at which such person may be admitted to use such washing- tub or trough, copper or boiler, or conveniences for drying. He shall likewise enter in the counterfoil of such ticket the name of such person, and the exact time at which such ticket may be issued or at which such person may be admitted to use such washing tub or trough, copper or boiler, or conveniences for drying, and shall thereupon detach such ticket from the book provided by the Council and deliver the same to such person. (3.) He shall, before the departure from the public wash- houses of any person to whom any ticket of admission may have been issued, and who may have been DUTIES OF THE MONEY-TAKER (WASHHOUSES). 355 admitted to use any washing-tub or trough, copper or boiler, or conveniences for drying, require such person to produce such ticket, and shall thereupon compute and ascertain by reference to the entries in such ticket the time occupied by such person in the use of such washing-tub or trough, copper or boiler, or conveniences for drying. He shall then demand and receive from such person the sum prescribed as the authorised charge for the use of such washing- tub or trough, copper or boiler, or conveniences for drying. He shall retain such ticket and shall enter therein the sum received from such person. He shall make a corresponding entry in the counterfoil and shall also enter therein the time occupied by such person in the use of such washing-tub or trough, copper or boiler, or conveniences for drying. Issue of tickets. See note on clauses 2 6 of sub-series (ii.). From the counterfoils, completed as required by clause 3 of that sub-series, the money- taker's daily account will be made up, and if the tickets be duly filled up by the attendants so as to show the time for which each washerwoman should be charged, they will constitute a sufficient check on the correctness of that account. (4.) He shall preserve, together with the counterfoils, the To deliver several tickets of admission which he may issue during moneyed' each day to persons resorting to the public wash- account to houses, and shall on each day, as soon as conveniently may be after the hour appointed for the closing of the public washhouses, deliver to the superintendent the book or books containing such counterfoils, together with such tickets and the book containing the daily account of tickets issued and sums received, and shall, at the same time, pay over to the superintendent all moneys which may have been received during such day in respect of the sale of such tickets. (5.) He shall accurately keep in the form herein-after pre- scribed, a daily account of the number of tickets of admission issued in respect of each of the several classes of washing-tubs m or troughs, coppers or boilers, or conveniences for drying, and of the sums received by him in respect of the sale of such tickets. 2 A 2 356 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. FORM OF ACCOUNT. Public Washhouses for the Borough or District of THE MONEY-TAKER'S DAILY ACCOUNT. day the day of 18 . Class and Description of Conveniences and Particulars of Number of Tickets Receipts. Initials of Time and Manner of Use. Sold. Superintendent. WASHHOUSES FOR THE LABOURING s. d. CLASSES. One washing-tub or trough used with a copper or boiler ; or One pair of washing - tubs or troughs (a) With the use of the con- veniences for drying : For one hour only in the day - For two hours together in the day For two hours not to- gether, or for more than two hours in the day - (b) Without the use of the conveniences for drying : For one hour only in the day - For two hours together in the day For two hours, not to- gether, or for more than two hours in the day - Conveniences for drying clothes or other articles used alone. WASHHOUSES OF ANY HIGHER CLASS. * Total - * Here insert the class and description of conveniences, and the particulars of the time and manner of use. Penalty. (6.) For every offence against any of the foregoing byelaws for determining his duties, the money-taker of the public washhouses shall be liable to a penalty of DUTIES OF A MALE ATTENDANT (BATHS). 357 Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit. adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sum not exceeding "five pounds" may be inserted. Duties of a Male Attendant of the Public Baths* 6. The following shall be the duties of a male attendant of Dutie* of thp rmhliV baths- malebath- tne pUDHC Datns . attention*. (1.) He shall punctually attend at the public baths on TO attend every week-day at the hour of in the forenoon punctually, and on every Sunday at the hour of in the forenoon. (2.) He shall, on every day before the hour appointed for the To make opening of the public baths, properly prepare and make ready for the use of persons resorting thereto the several baths of which he may be employed as attendant, and the several bath-rooms, dressing-rooms, closets, boxes, or compartments attached to such baths, together with all furniture, fittings and con- veniences provided in or in connection with any such bath, bath-room, dressing-room, closet, box, or compart- ment ; and shall obtain from the matron a sufficient number of clean towels, linen, and other articles for the requirements of the persons admitted to use the several baths of which he may be employed as attendant. (3.) He shall, on every day after the hour appointed for the To empty closing of the public baths, properly empty and cleanse put^* 1111 the several baths of which he may be employed as premises in attendant, and properly cleanse the several bath- on cr - rooms, dressing-rooms, closets, boxes, or compart- ments attached to such baths, and properly cleanse and arrange all furniture, fittings, and conveniences provided in or in connection with any such bath, bath- room, dressing-room, closet, box, or compartment. * A summary of the duties of a bath attendant is given in the note (" Scheme of duties ") on p. 332. 358 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. To receive tickets, and deliver them to superinten- dent. He shall, at the same time, properly cleanse every passage or stair leading to or from, or otherwise adjacent to or in connection with the several baths of which he may be employed as attendant. (4.) He shall, on the application of any person resorting to the public baths for admission to use any bath of which he may be employed as attendant, require such person to produce and deliver to him the ticket which such person may have obtained from the authorised money-taker, and shall not allow any person, who shall not produce to him the requisite ticket, to use any such bath. He shall carefully preserve the several tickets which may, from time to time during each day, be so delivered to him, and shall, on each day as soon as conveniently may be after the hour appointed for the closing of the public baths, deliver such tickets to the superintendent. Preservation of tickets by attendant. As urged elsewhere, it should be impressed upon the several bath attendants that the tickets received by them from bathers are to be given up to the superintendent, and to no other person. Separate baths to be emptied and made ready again after Towels, etc. to be placed in receptacle. (5.) He shall, forthwith upon the departure from any bath- room or compartment containing a separate bath, of any person who may have been admitted to use such bath, properly empty and cleanse such bath, and remove from such bath-room or compartment the towel or towels, linen, or other articles, which may have been used by such person, and may require to be removed, and properly and with all reasonable expedition prepare and make ready such bath, and bath-room, or compartment, for the use of any other person applying for admission thereto. (6.) He shall deposit the several towels, and all linen and other articles which, from time to time during the day, may have been used by persons admitted to the baths of which he is employed as attendant, in the receptacle appointed for such towels, linen, and articles, so that the same may be readily collected and returned to the matron. DUTIES OP A MALE ATTENDANT (BATHS). 359 (7.) He shall admit persons to use the several baths of which Bathers to he may be employed as attendant consecutively in the intone order indicated by the numbers on the several tickets of admission delivered to him by such persons, and not otherwise, unless with the consent of the several parties. (8.) He shall not admit any person to use any bath of which Bathers not he may be employed as attendant, and which may be Bitted to of a higher class or description than that of the bath baths of a for which such person shall have obtained a ticket of till ^that* 8 admission. paid for. (9.) He shall, from time to time, as often as he may ascer- Defects to be tain the existence of any defect in any bath of which re he may be employed as attendant, or in any bath- room, dressing-room, closet, box or compartment attached to such bath, or in any furniture, fittings, or conveniences, provided in or in connection with such bath, bath-room, dressing-room, closet, box or compartment, forthwith report such defect to the superintendent. (10.) He shall, from time to time, as often as he may ascer- Breach of tain that any breach of any of the byelaws for the management, use and regulation of the public baths, and of the persons resorting thereto, has been com- mitted, forthwith report the facts of the case to the superintendent. (11.) For every offence against any of the foregoing byelaws Penalty, for determining his duties, every male attendant of the public baths shall be liable to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. A sum not exceeding "five pounds" should be inserted. 300 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. To make ready the baths, etc. Duties of a Female Attendant of the Public Baths.* 7. The following shall be the duties of a female attendant of .(//. ndant. the public baths : TO attend (i.) ghe shall punctually attend at the public baths on every week-day at the hour of in the forenoon, and on every Sunday at the hour of in the forenoon. (2.) She shall, on every day before the hour appointed for the opening of the public baths, properly prepare, and make ready for the use of any women, girls, and children under eight years old resorting thereto, the several baths of which she may be emploped as attendant, and the several bath-rooms, dressing- rooms, closets, boxes, or compartments attached to such baths, together with all furniture, fittings, and conveniences provided in or in connection with any such bath, bath-room, dressing-room, closet, box, or compartment, and shall obtain from the matron a sufficient number of clean towels for the requirements of the women, girls, and children under eight years old, admitted to use the several baths of which she may be employed as attendant. (3.) She shall, on every day after the hour appointed for the closing of the public baths, properly empty and cleanse the several baths of which she may be employed as attendant, and properly cleanse the several bath-rooms, dressing-rooms, closets, boxes or compartments attached to such baths, and properly cleanse and arrange all furniture, fittings, and conveniences provided in or in connection with any such bath, bath-room, dressing-room, closet, box, or compartment. She shall, at the same time, properly cleanse every passage or stair leading to or from, or otherwise adjacent to or in connection with the several baths of which she may be employed as attendant. (4.) She shall, on the application of any woman, girl, or child under eight years old, for admission to use any To empty baths and put the premises in order. To receive tickets, * For a summary of a bath attendant's duties see note (" Scheme of duties ") p. 332. DUTIES OF A FEMALE ATTENDANT (BATHS). 361 bath of which she may be employed as attendant, require such woman, girl, or child to produce and deliver to her the ticket which such woman, girl, or child, may have obtained from the authorised money- taker, and shall not allow any woman, girl, or child, who shall not produce to her the requisite ticket, to use any such bath. She shall carefully preserve the several tickets which and deliver may from time to time during each day be so delivered USriSrten- to her, and shall on each day, as soon as conveniently dent. may be after the hour appointed for the closing of the public baths, deliver such tickets to the superintendent. (5.) She shall, forthwith upon the departure from any bath- Separate room or compartment containing a separate bath of gm^ed and any woman, girl, or child under eight years old, who made ready may have been admitted to use such bath, properly ^fe!" empty and cleanse such bath, and remove from such bath-room or compartment the towel or towels, linen, and other articles which may have been used by such woman, girl, or child, and may require to be removed, and properly and with all reasonable expedition prepare and make ready such bath and bath-room or compart- ment for the use of any other woman, girl, or child under eight years old, applying for admission thereto. (0.) She shall deposit the several towels, and all linen and Towels, etc. other articles which, from time to time during the day, may have been used by women, girls, or children under eight years old, admitted to the baths of which she may be employed as attendant, in the receptacle appointed for such towels, linen, and articles, so that the same may be readily collected and returned to the matron. (7.) She shall admit women, girls, and children under eight Bathers to be years old to use the several baths of which she may ^ U 1 ttcd iu be employed as attendant, consecutively in the order indicated by the numbers on the several tickets of admission delivered to her by such women, girls, and children, and not otherwise, unless with the consent of the several parties. 8.) She shall not admit any woman, girl, or child under Bathers not eight years old to use any bath of which she may be Jetted to be employed as attendant and which may be of a baths of 362 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. higher class than that paid for. Defects to be reported. Breach of byelaws to be reported. Penalty. higher class or description than that of the bath for which such woman, girl, or child shall have obtained a ticket of admission. (9.) She shall, from time to time, as often as she may ascer- tain the existence of any defect in any bath of which she may be employed as attendant, or in any bath- room, dressing-room, closet, box, or compartment attached to such bath, or in any furniture, fittings or conveniences provided in or in connection with such bath, bath-room, dressing-room, closet, box, or compartment, forthwith report such defect to the matron. (10.) She shall, from time to time, as often as she may ascertain that any breach of any of the byelaws for the management, use, and regulation of the public baths, and of the persons resorting thereto, has been committed, forthwith report the facts of the case to the matron. (11.) For every offence against any of the foregoing byelaws for determining her duties, every female attendant of the public baths shall be liable to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The council may insert any sum not exceeding "five pounds" Duties of an Attendant of the Public Washhouses. 8. The following shall be the duties of an attendant of the Duties of attendant of , ,. washhouses. public washhouses : To attend punctually. To make ready the tubs, etc. (1.) She shall punctually attend at the public washhouses on every week-day at the hour of in the forenoon. (2.) She shall, on every day before the hour appointed for the opening of the public washhouses, properly prepare and make ready for the use of persons resorting thereto the several washing-tubs or troughs, coppers DUTIES OF AN ATTENDANT (WASHHOUSES). 363 or boilers, and conveniences for drying of which she may be employed as attendant. (3.) She shall on every day before the hour appointed for the To empty closing of the public washhouses, properly empty S^rclniS and cleanse the several washing-tubs or troughs, in order, coppers or boilers, and conveniences for drying of which she may be employed as attendant, and properly cleanse and arrange all furniture, fittings, and con- veniences provided in connection with such washing- tubs or troughs, coppers or boilers, and conveniences for drying. She shall at the same time properly cleanse every part of the floor under or immediately surrounding, and every passage or stair leading to or from, such washing-tubs or troughs, coppers or boilers, and conveniences for drying. (4.) She shall, before the departure from the public wash- To fill up houses of any person to whom any ticket of admission l^uction to may have been issued and who may have been money-taker. admitted to use any washing-tub or trough, copper or boiler, or conveniences for drying, require such person to produce such ticket, and shall thereupon enter in such ticket, and duly sign, an exact statement of the time at which such person shall have ceased to use such washing-tub or trough, copper or boiler, or conveniences for drying; and shall then return such ticket to such person for subsequent production to the authorised money-taker. Filling up of tickets by attendant. See note 011 clauses 2 6 of sub- series (ii.). It is important that the duty of filling up the ticket with the time at which the washerwoman ceases to use the tubs, etc., should be carefully performed, not only because upon this depends the proper charge being made by the money-taker, but also with the view of obviating unseemly disputes with the women as to the sums due from them. (5.) She shall, forthwith after any person who may have Tubs, etc. to been admitted to use any washing-tub or trough, J^J m Pj| d copper or boiler, or conveniences for drying, of ready again which she may be employed as attendant shall have al ceased to use such washing-tub or trough, copper or boiler, or conveniences for drying, properly empty and 304 SEHIES IX. PUBLIC BATHS, WASHHOUSES, ETC. Washers not to be per- mitted to use tubs, etc. of higher class than that paid for. cleanse such washing-tub or trough, copper or boiler, and properly and with all reasonable expedition prepare and make ready such washing-tub or trough, copper or boiler, or conveniences for drying for the use of any other person applying for admission to use the same. (6.) She shall not admit any person to use any washing-tub or trough, copper or boiler, or conveniences for drying of which she may be employed as attendant, and which may be of a higher class or description than that of the washing-tub or trough, copper or boiler, or conveniences for drying for which such person shall have obtained a ticket of admission. Defects to be reported. Breach of byelaws to be reported. (7.) She shall, from time to time, as often as she may ascer- tain the existence of any defect in any washing-tub or trough, copper or boiler, or conveniences for drying of which she may be employed as attendant, or in any furniture, fittings, or conveniences provided in con- nection with such washing-tub or trough, copper or boiler, or conveniences for drying, forthwith report such defect to the matron. (8.) She shall, from time to time, as often as she may ascer- tain that any breach of any of the byelaws for the management, use, and regulation of the public wash- houses, and of the persons resorting thereto has been committed, forthwith report the facts of the case to the matron. Penalty. (9.) For every offence against any of the foregoing bye- laws for determining her duties, every attendant of the public washhouses shall be liable to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The maximum penalty which can be imposed is 11 five pounds." DUTIES OF THE ENGINEER, 365 Duties of the Engineer of the Public Baths and Washhouses. * 9. The following shall be the duties of the engineer of the Duties of public baths and wash-houses : (1.) He shall, on every day before the hour appointed To inspect respectively for the opening of the public baths and S seTto washhouses, ascertain that every part of the machinery supply of in connection with the several baths, washing-tubs or fuel> etc> troughs, coppers or boilers, and conveniences for drying, is in proper order and ready for use, and that the supply of fuel and other requisites for the efficient working of such machinery is adequate and appro- priate for the purpose. Preparation of machinery. In the duty of kindling fires and of pre- paring the machinery for use during the day, the engineer will be assisted by the stokers or firemen, under clause 10 (2) of this sub-series. The superin- tendent will include the engineer's department in his daily inspection of the premises under clause 2 (4). (2.) He shall accurately keep, in the form hereinafter pre- Fuel and stores account. scribed, an account of fuel and stores, in which he st shall enter, from week to week under the proper dates, the description, quantities, and other particulars of all fuel, stores, and other articles received by him for use or consumption in the working and maintenance of the machinery in connection with the several baths, washing tubs or troughs, coppers or boilers, and conveniences for drying, and also the particulars of the use or consumption of such fuel, stores, and other articles. He shall, on the last day of every week, prepare and enter in the appropriate column of such account an estimate of the quantities of such fuel, stores, and other articles which may be required during the following week for use or consumption in the working and maintenance of the machinery under his charge. He shall also, on the last day in every week, submit such account, when duly made up, to the superintendent for examination. * A summary of the duties of the engineer is given in the note (" Scheme of duties ") on p. 332. 366 SEBIES IX. PUBLIC BATHS, WASHHOUSES, ETC. FORM OF ACCOUNT. Public Baths and Washhouses for the Borough or District of THE ENGINEER'S ACCOUNT OF FUEL AND STORES. For the week ending the day of 18 . Articles. Stock brought forward. New Stock. Totals of Stock brought forward, and New Stock. Used or Consumed. Re- maining in Store. Totals Used or Consumed and remaining in Store. Required for next Week. Obser- vations. In the Public Baths. In the Public Wash- houses. To regulate machinery. Engineer's account of fuel and stores. The particulars given in this account are necessary in order to enable the superintendent to properly make up his weekly account of stock and stores (clause 2 (10) ), and to prepare his estimates of stores required for use at the baths and washhouses (clause 2 (14) ). (3.) He shall, during every day on which the public baths or washhouses may be open, carefully and diligently control and regulate the working of the machinery in connection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying, so that such baths, washing-tubs or troughs, and coppers or boilers, may, from time to time, as often as occasion may require, be duly and promptly furnished with the necessary supplies of water, and that the several conveniences for drying may be maintained in efficient action. DUTIES OF THE ENGINEER. 367 (4.) He shall, from time to time, as often as occasion may To keep require, by careful and regular cleaning or by the careful and regular use of other appropriate means, maintain in good order and in proper repair and efficiency every part of the machinery in connection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying. (5.) He shall, as often as he may ascertain the existence Defects to be of any defect in any part of the machinery in re P rtef l- connection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying, forthwith report such defect to the superintendent. (6.) He shall on every day after the hour appointed At end of respectively for the closing of the public baths and washhouses, and after the machinery in connection ^ nk U P with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying shall have ceased working, cause every part of such machinery to be properly disposed, adjusted, or arranged, and all fires to be properly banked up or extinguished, as the case may require, and all lights to be properly extinguished, and the water supply to be properly turned off; and, generally, shall take such steps as may be necessary, to provide adequately for the security of such machinery, and to prevent accident or damage. Banking-up of fires and adjustment of machinery at close of day. It is the duty of the engineer to make ready his department for the daily inspection cf the superintendent under clause 2 (5). (7.) He shall at all times carefully control and regulate the Waste of working of the machinery in connection with the g^ 1 to?*? several baths, washing-tubs or troughs, coppers or prevented boilers, and conveniences for drying, and the use and application of all fuel and other requisites for the working of such machinery, so as to prevent waste, misuse, or undue consumption of such fuel or other requisites, or waste, misuse, or undue consumption of water or steam. (S.) He shall, from time to time, as often as he may Breach of ascertain that any breach of the byelaws for deter- 368 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. mining the duties of the several stokers or firemen appointed or employed by the Council has been committed report the facts of the case to the superintendent. Penalty. (9.) For every offence against any of the foregoing byelaws for determining his duties, the engineer of the public baths and washhouses shall be liable to a penalty of Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The amount inserted may be any sum not exceeding "five pounds." Duties of stoker or fireman. Duties of a stoker or fireman of baths and washhouses. The duties which, under the model byelaws, devolve upon the stokers or firemen of the baths and washhouses are not such as to call for any special observations. The requirements of the several clauses are brifly indicated in the marginal notes. Duties of a Stoker or Fireman of the Public Baths and Washhouses. To attend punctually. To kindle fires and make ready machinery. 10. The following shall be the duties of a stoker or fireman of the public baths and washhouses : (1.) He shall punctually attend at the public baths and washhouses on every week-day at the hour of in the forenoon ; and at the public baths on every Sunday at the hour of in the forenoon. (2.) He shall, on every day before the hour appointed respectively for the opening of the public baths and washhouses, carefully and diligently prepare and kindle the fires, and otherwise assist, under the direction of the engineer, in preparing and making ready for use the machinery in connection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying. DUTIES OP A STOKER OR FIREMAN. 369 (3.) He shall, during every day on which the public baths or To feed fires washhouses may be open, carefully and diligently, from time to time as often as occasion may require, feed and maintain the fires so as to prevent smoke, and otherwise assist, under the direction of the engineer, in the working of the machinery in con- nection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying. (4.) He shall, as often as he may ascertain the existence of Defects to any defect in any furnace or other part of the be re P rted - machinery in connection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying, forthwith report such defect to the engineer. (5.) He shall, from time to time, as often as occasion may To clean require, assist, under the direction of the engineer, 31S ' ctc ' in blowing off and cleaning the several steam boilers, or in using other appropriate means for maintaining in good order and in proper repair and efficiency all such steam boilers and every part of the machinery in connection with the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying. (G.) He shall, on every day after the hour appointed respec- TO cleanse tively for the closing of the public baths and wash- floors > etc - houses, and after the machinery in connection with the several baths, washing-tubs and troughs, coppers or boilers, and conveniences for drying, shall have ceased working, properly cleanse every passage, floor, or stair in or immediately adjoining that part of the premises in which such machinery is contained. (7.) He shall, on every day after the hour appointed respec- TO bank up tively for the closing of the public baths and wash- fires and * , * . ... remove houses, and after the machinery in connection with ashes. the several baths, washing-tubs or troughs, coppers or boilers, and conveniences for drying shall have ceased working, carefully bank up or extinguish, as the case may require, the several fires, and carefully rake out or remove from the several grates and ashpits all cinders, ashes, and refuse, and carefully convey such cinders, ashes, and refuse, to the proper receptacle or place of deposit. i:. 2 B 370 SERIES IX. PUBLIC BATHS, WASHHOUSES, ETC. To adjust jj e s ] ia u a i so ass i s t under the direction of the engineer, machinery. . . . . j.v m properly disposing, adjusting, or arranging the several parts of the machinery under his charge. Penalty. (g.) jp or every offence against any of the foregoing byelaws for determining his duties, every stoker or fireman of the public baths and washhouses shall be liable to a penalty of : Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. The byelaw may prescribe (as a maximum) a penalty of "five pounds." ( 371 ) SEEIES IX. (v.) DUTIES OF SUPERINTENDENT, OPEN BATHING PLACE. [NOTE. A mj local authority proposing to make by daws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Boards preliminary approval, before they are adopted by the local authority^} BYELAWS MADE BY THE* FOR DETERMINING THE DUTIES OF THE SUPERINTENDENT OF THE OPEN BATHING PLACE. 1. Throughout these byelaws the expression " the Council " interpreta- means the* . tion - 2. The following shall be the duties of the superintendent of Duties of , , . . supermten- the open bathing place : dent of open (1.) He shall attend punctually at the open bathing place at the hour of in the noon on every week-day T n * ^"n during the months of ; and, before admitting and make ' any person to use such bathing place for the purpose btthimf 6 of bathing, shall ascertain and take care that such place, bathing place, and the furniture, fittings, and con- veniences provided in, upon, or in connection with, such bathing places are in all respects made ready for the use of the persons resorting thereto. (2.) He shall, once at least in every week, pay over all To pay moneys which he may have received from persons treasurer, resorting to the open bathing place to the treasurer of the Council. Duties of the superintendent of the bathing place. See note, p. 328. It will be noticed that the superintendent of the open bathing place is not required by the byelaws to issue tickets, or to keep accounts in any prescribed form. The receipts from the use of the bathing place may be expected to be of small amount, and it maybe thought desirable not to incur the cost of printing tickets, while as regards accounts, no special form of book is necessary for the purposes of clause 2 (4). The regular payment to the treasurer of the * " Mayor, aldermen, and burgesses of the borough of , acting by the council" ; or, " Urban District Council of ," an the case may be. 2 u 2 37-2 SERIES IX. PUBLIC 13ATHS, WASHHOUSES, ETC. Hours for admission of bathers. To Ui v|> an account, and submit it to the council. To keep life-saving apparatus lit for use. Observance of byelaws. To keep a report book. sums from time to time in the hands of the superintendent should, however, be strictly enforced by the council. (3.) He shall not, on any week-day, during the months of admit any person to use the open bathing place for the purpose of bathing before the hour of in the noon, or after the hour of in the noon. (4.) He shall keep a book in which he shall punctually and accurately enter, from day to day under the proper dates, the number of persons admitted on each day to use the open bathing place for the purpose of bathing, and the amount received from such persons in respect of the use of such bathing place. He shall submit such book to the Council at every ordinary meeting. (5.) He shall cause any life-saving apparatus provided by the Council or other persons, and committed to his charge for use in, upon, or in connection with, the open bathing place, to be so kept as to be ready and fit for use at all times while any person is using such bathing place for the purpose of bathing. Life-saving apparatus. See last paragraph but one of the prefatory memorandum (p. 314). (6.) He shall take care that the byelaws for the manage- ment, use, and regulation of the open bathing place, and of the persons resorting thereto, are duly observed. He shall, from time to time, as often as he may ascertain that any breach of any of such byelaws has been committed, report the facts of the case in writing to the Council. Observance of byelaws. This clause is similar to paragraphs (18) and (19) of the byelaw prescribing the duties of the superintendent of the public baths and washhouses (p. 347). (7.) He shall keep a book in which he shall duly enter all his written reports to the Council, and shall submit such book to the Council, at every ordinary meeting. Eeporb book. Compare paragraphs (20) and (21) of the byelaw as to the duties of the superintendent of the baths and washhouses (p. 347). DUTIES OF SUPERINTENDENT, OPEN BATHING PLACE. 373 (8.) For every offence against any of the foregoing byelaws Penalty, for determining his duties, the superintendent of the open bathing place shall be liable to a penalty of Provided, nevertheless, that the justices before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sum not exceeding "five pounds" may be inserted. SERIES X. PLEASURE GROUNDS. ( 377 ) PLEASURE GROUNDS. MEMORANDUM. BY section 164 of the Public Health Act, 1875 (38 & 39 Viet. 38 & 39 Viet, c. 55), it is enacted as follows : c> 55> s< 164- "Any Urban Authority may purchase or take on lease, lay out, plant, improve, and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or c< >ntribute to the support of public walks or pleasure grounds provided by any person whomsoever. " Any Urban Authority may make byelaws for the regulation of any such public walk or pleasure ground, and may by such byelaws provide for the removal from such public walk or pleasure ground of any person infringing any such byelaw by any officer of the Urban Authority or constable." It will be seen on reference to the model byelaws, which the Board have framed under the above-cited enactment, that the scope of the series is very comprehensive. Bearing in mind the diversity of local circumstances, the Board have deemed it advisable to embody in the model clauses a set of regulations, which in many cases may, with advantage, be adopted in their entirety, and in other cases where byelaws of more limited range will suffice, may, by the selection of appropriate provisions be readily adapted to the requirements of each district. As regards a few subjects to which byelaws relating to pleasure grounds sometimes apply, the Board have not thought it expedient to suggest any regulations for general use. Thus, for instance, the model series contains no rules with respect to music in pleasure grounds. Though in every case where Music, the Urban Authority may think it necessary to propose a 1)\( law with regard to this particular matter it is essential that the requirements of the byelaw should be reasonable and 378 SERIES X. PLEASURE GROUNDS. definite, its form and effect must obviously be determined with especial reference to the circumstances of each locality.* JOHN LAMBERT, Local Government Board, Secretary. 28th May, 1879. Authorities competent to adopt the model byelaws. The model byelaws can be adopted by an urban district council ; by a rural district council invested by an order of the Local Government Board under s. 276 of the Public Health Act, 1875, with the powers of an urban district council under s. 164 of the Act ; or by a parish council under the section last-mentioned as applied by s. 8 (1) (d) of the Local Government Act, 1894. Where application is made by a rural district council for an order under s. 276 of the Act of 1875, conferring upon them powers as to pleasure groiinds, the instructions in the Introduction should be observed. Public walks, etc., in respect of which byelaws can be made. It is understood to be the practice of the Local Government Board, before considering any proposed byelaws for the regulation of a public walk or pleasure ground, to require evidence that the land is vested in or maintained by the local authority, in their capacity of sanitary authority, for the purpose of a public walk or pleasure ground. A copy of any lease or conveyance of the land to the district council should, therefore, be forwarded to that Board, with the draft of any byelaws which it may be proposed to make under the enactment above mentioned. In the case of land vested in the corporation of a borough in their municipal capacity, and not maintained out of the general district rate, it would seem that power to make byelaws under the above- mentioned section might be obtained if the council, as municipal authority, were to appropriate the land for use for the purposes of a public walk or pleasure ground for so long as a given sum should be paid from the district fund to the borough fund. In the case of a parish council proposing to make byelaws under s. 8 (1) (d) of the Local Government Act, 1894, the Local Government Board may be expected to demand evidence that the recreation ground, village green, open space, or public walk, to which the byelaws are to relate, is one " which is for the time being under their control, or to the expense of which they have contributed." The evidence required will depend upon the circumstances of the particular case. Where a lease or conveyance can be produced, it should be forwarded to the Local Government Board for their inspection. If there is any evidence that before the parish council came into existence, the vestry or the churchwardens and overseers exercised control over the ground, the nature and extent of such control should be stated. In the case of land which was allotted to the churchwardens and overseers as a place for exercise and recreation, an extract from the Inclosure Award will be necessary. If the parish council have "contributed to the expense" of the ground, particulars of the " contribution " should be given. The laying out of money in the maintenance or improvement of the ground would seem to be a " contribution " for the purposes of the Act. Model byelaws as to village greens, etc. For a model series of byelaws more particularly applicable to the case of a village green, or a recreation ground provided under the Inclosure Acts, see Model Byelaws, vol. ii. * A form of byelaw on the subject is suggested on p. 392. MEMORANDUM. 379 Public Health Acts Amendment Act, 1890, and other Acts. The powers of an urban district council with regard to public walks or pleasure grounds are extended by ss. 44 and 45 of the Public Health Acts Amendment Act, 1890, where Part III. of that Act has been adopted. The former section enables the council, on such days as they think fit (not exceeding twelve days in any one year, nor four consecutive days on any one occasion, and not being Sundays or public holidays), to close to the public any park or pleasure ground provided by them, or any part thereof, and to grant the use of the same, either gratuitously or for payment, to any public charity or institution, or for any agricultural, horticultural, or other show, or any other public purpose, or to use the same for any such show or purpose. On these days the admission to the park or pleasure ground, or such part of it as may be closed to the public under the enactment, may be either with or without payment, as directed by the council, or (with the consent of the council) by the society or peusons to whom the use of the park or pleasure ground, or such part thereof, may be granted. The Act, in providing that the urban authority may close the park or pleasure ground on such days as they think fit, not exceeding twelve days in any one year, must be taken to mean a whole day of twenty-four hours, or only a portion of it. If, for example, it were closed for three hours on any one day, this would count as one day. There is, however, under the general law, no power to make byelaws prescribing charges for the use of, or admission to, a pleasure ground, or any part thereof. Where, by a local Act, a corporation was directed to cause a piece of land to be drained and levelled, and kept in proper condition for the purpose of public recreation, the court restrained the corporation by injunction from permitting a cattle fair to be held on such piece of land (Attorney -General v. Southampton Corpora- tion (1859), 29 L. J. Ch. 282 ; 2 Giff. 363 ; 6 Jur. (N.S.) 36 ; 1 L. T. (N.S.) 155). The words " or any other public purpose, " in s. 44 of the Act of 1890, would probably authorise the holding of such a fair. Section 44 of the Act of 1890 also enables the district council to provide and let for hire, or to license any person to let for hire, any pleasure boats on any lake or piece of water that may be comprised in the park or pleasure ground, and to make byelaws for regulating the numbering and naming of the boats, the number of persons to be carried therein, the boathouses and mooring places for the same, and for fixing rates of hire and the qualifications of boatmen, and for securing their good and orderly conduct while in charge of any boat. For clauses on this subject, see Model Byelaws, vol. ii. The other statutes relating to public parks and recreation grounds are the Towns Improvement Clauses Act, 1847 (10 & 11 Viet. c. 34), s. 135 ; the Recreation Grounds Act, 1859 (22 Viet. c. 26) ; the Public Improvements Act, 1860 (23 & 24 Viet. c. 27) ; and the Town Gardens Protection Act, 1863 (20 & 27 Viet. c. 13). The last-mentioned Act only applies to cases where land, by statute or otherwise, has been vested in trustees or irrevocably set apart for the use and enjoyment of the inhabitants of a square or a street, and it gives no power to deprive the owner of his beneficial interest in property where he has not given it up (Tulk v. Metropolitan Board of Works (1868), L. R. 3 Q. B. 682 ; 37 L. J. Q. B. 272 ; 19 L. T. 18 ; 16 W. R. 985 ; 32 J. P. 548). ( 380 ) SEEIES X. PLEASURE GEOUNDS. [NOTE. Any local authority proposing to make, byelaws on this subject should apply to the Local Government Board for a draft form on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.} BYELAWS MADE BY THE * WITH EESPECT TO A PLEASUEE GEOUND. 1. Throughout these byelaws the expression " the Council " means the * , and the expression " the pleasure ground " means the t 2. The pleasure ground shall be opened at the hour of , in the forenoon and shall be closed at the hour of in the afternoon of every day during the months of , , , , , and , and shall be opened at the hour of in the forenoon and shall be closed at the hour of in the afternoon of every day during the months of , , , , and Provided always that this byelaw shall not be deemed to require the pleasure ground to be opened and closed at the hours herein-before prescribed on any day when, in pursuance of any statutory provision in that behalf, the Council may close such pleasure ground to the public. 3. A person, other than an officer of the Council, or a person or a servant of a person employed by the Council in or about any work in connection with the laying out, planting, improve- ment, or maintenance of the pleasure ground, shall not on any day on which the pleasure ground may be open to the public enter the pleasure ground before the time herein-before appointed for the opening thereof, or enter the pleasure ground or remain * " Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or, " Urban [or Rural] District Council of " ; or, " Parish Council of the Parish of " ; as the case may be. f Insert a description of the pleasure ground to which the byelaws are to api>li/. REGULATION OF PLEASURE GROUNDS. 381 therein after the time herein-before appointed for the closing thereof. Hours of opening and closing the pleasure ground. The hours for opening and closing the ground may be fixed by the local authority without a byelaw ; and if they prefer to reserve power to vary the hours from time to time during the year, it is best to omit clause 2 from the series. The word " herein-before " should then be omitted from clause 3. The form of these clauses makes them applicable where the provisions of s. 44 of the Public Health Acts Amendment Act, 1890, are in force, either by the adoption of Part III. of that Act, or by virtue of s. 8 (1) (d), of the Local Government Act, 1894, or where provisions similar to those of s. 44 of the Act of 1890 are in operation by virtue of a local Act. Regulation of the pleasure ground. As remarked in the memorandum prefixed to the model series, the scope of the byelaws is very comprehensive, although not more so than the terms of s. 164 of the Public Health Act, 1875, will justify. The clauses are directed generally to the maintenance of order in the pleasure ground ; the prevention therein of damage not covered by the general law, and the prevention of acts calculated to disturb or interrupt persons in the proper use and enjoyment of the ground. Clause 3 makes a necessary provision for the regulation of the pleasure ground (c/. Sched. I. (18) of the Parks Regulation Act, 1872 (35 & 36 Viet. c. 15), which applies to all the Royal parks, the management of which is vested in the Commissioners of Her Majesty's Works and Public Buildings). But it will be seen that in this and other instances, persons employed by the council as gardeners, or otherwise in the maintenance or improvement of the ground, are very properly exempted from the operation of the byelaws. 4, A person shall not enter or quit the pleasure ground Entrance and otherwise than through some one of the gates, wickets, appointed y passages, or openings appointed by the Council as the gates, authorised means of entrance to or egress from the pleasure ground. 5. A person shall not wilfully or improperly remove or Notice displace any board, plate, or tablet, or any support, fastening, or fitting of any board, plate, or tablet used or constructed or adapted to be used for the exhibition of any byelaw or notice, and fixed or set up by the Council in any part of the pleasure ground, or in or on any building or structure therein, or at or near to any one of the appointed means of entrance to or egress from the pleasure ground, or in or on any wall or fence enclosing the pleasure ground. Protection of notice boards, etc. Section 306 of the Public Health Act, 1875, provides that any person " who destroys, pulls down, injures or defaces any board on which any byelaw, notice, or other matter is inscribed, 382 SEEIES X. PLEASURE GROUNDS. shall, if the same was put up by authority ... of the local authority, be liable for every such offence to a penalty not exceeding five pounds." The present clause may be regarded as supplementary to this provision. It is not limited to boards, which are " inscribed " as mentioned in the section ; but it only affects the removal or displacement of any board, plate, or tablet. Throughout the byelaws, care has been taken to exclude from the operation of the penalty clause, offences which can be dealt with under the general law ; but certain wilful and other acts of interference with, or damage to, property in the pleasure ground, which cannot be so dealt with, are punishable under the byelaws. Section 306 of the Public Health Act, 1875, does not apply to an open space under the control of a parish council, and in such a case the byelaws may refer to damage to notice boards by carelessness or negligence, but not to wilful damage. Damage to g. A person shall not carelessly or negligently deface, injure, * or destroy any part of any wall or fence in or enclosing the etc - pleasure ground, or any part of any building, barrier, or railing, or of any fixed or movable seat, or of any other structure or erection in the pleasure ground. Removal of 7. A person shall not wilfully, carelessly, or negligently barriers, ,. , , ... ~ , ' seats, or remove or displace any barrier, railing, or post, or any fixed or implements, movable seat, or any part of any building, structure, or erection, or any part of r , , . any structure or any monument, work 01 art, ornament, or decoration, or any or erection, implement, utensil, apparatus, appliance, or article provided for use or used or adapted to be used in the laying out, planting, improvement, or maintenance of the pleasure ground, or in the care, cultivation, or protection of any tree, sapling, shrub, under- wood, gorse, furze, fern, herb, or plant in the pleasure ground. Damage to fences, works of art, etc. As regards wilful damage to works or property belonging to a district council, see s. 307 of the Public Health Act, 1875, and with regard, generally, to malicious injury to property, the provisions of the Malicious Injuries to Property Act, 1861 (24 & 25 Viet. c. 97), should be referred to. Of the latter Act, s. 25 deals with the destruction of fences, and s. 29 with destruction of, or damage to, works of art. Beasts of 8. A person, other than an officer of the Council, or a person burden not to or a servant of a person employed by the Council in or about be brought any work in connection with the laying out, planting, improve- into ground ,-, , rnent, or maintenance or the pleasure ground, shall not at any time ride, drive, or bring, or cause or suffer to be ridden, driven, or brought into the pleasure ground any beast of draught or burden. Riding or driving in the pleasure ground. Where any part of the pleasure ground is laid out as a carriage-road, or as a horse-ride, the following proviso may be added to clause 8 : REGULATION OF PLEASURE GROUNDS. 383 Provided that the foregoing byelaw shall not be deemed to Proviso for prohibit the riding or driving of any horse, pony, ass, or mule in any part of the pleasure ground which is for the time being appointed, or intended, or adapted to be used as a horse-ride or carriage-road, subject to such conditions as the Council may prescribe and may be indicated in a notice or notices affixed or set up in a conspicuous position at or near to the several entrances to the pleasure ground. 9. A person shall not drive or bring, or cause to be driven or Depasturage brought into the pleasure ground any bull, ox, cow, heifer, auim steer, calf, sheep, lamb, hog, pig, or sow, unless, in pursuance of an agreement with the Council, or otherwise in the exercise of any lawful right or privilege, such person may be duly authorised to drive or bring any such animal or to cause any such animal to be driven or brought into the pleasure ground for pasturage or for any other lawful purpose. Fowls straying into pleasure ground. In the case of the Torquay Local Board v. Bridle (1882), 47 J. P. 183, it was considered that a byelaw providing that " a person shall not suffer any fowl, goose, or duck belonging to him to enter or remain in the pleasure grounds," was repugnant to the law of England, and was not warranted by s. 164 of the Public Health Act, 1875. It was accordingly held that the justices were right in refusing to convict under the byelaw a person whose fowls strayed into the ground, there being no fence sufficient to prevent them. This decision, however, does not affect the principle of the model clause 9 as drawn 10. A person, other than an officer of the Council, or a Prohibition person or a servant of a person employed by the Council in or of vehlcle8 ' about any work in connection with the laying out, planting, improvement, or maintenance of the pleasure ground, shall not at any time drive or wheel, or cause or suffer to be driven or wheeled into the pleasure ground any barrow, truck or machine, or any vehicle other than a wheeled chair drawn or propelled except peram- by hand, or a perambulator or a chaise drawn or propelled by lH | ll ^, > r j an(l hand and used solely for the conveyance of a child or children, chairs. Cycling and driving in the pleasure ground. The general use of bicycles, tricycles, etc., is causing some local authorities, in laying out pleasure grounds, to provide facilities for the enjoyment of this form of recreation in the grounds. In such cases, a proviso such as the following may be added to clause 10 of the model byelaws. The proviso also permits of other vehicles being driven into the pleasure ground, and as regards such vehicles is required, as well as the suggested proviso to clause 8, where carriages are to be admitted into the grounds. 384 SEEIES X. PLEASURE GROUNDS. Proviso for " cycling," driving, etc. Perambu- lators and chairs not to be wheeled over flower beds ; nor in any part of grounds where pro- hibitory notices are set up. Provided that the foregoing byelaw shall not be deemed to prohibit the driving or wheeling of any bicycle, tricycle, velocipede, or other similar machine, or of any other vehicle, in any part of the pleasure ground which is for the time being appointed or intended or adapted to be used as a cycling track or carriage-road, subject to such conditions as the Council may prescribe and may be indicated in a notice or notices affixed or set up in a conspicuous position at or near to the several entrances to the pleasure ground. Regulation of bicycles and carriages. The fact that the roads withiu the pleasure ground may not be highways suggests the observation that a clause requiring cyclists and the drivers of horse carriages to observe the " rule of the road," and keep off the footpaths, and in the case of cyclists to make use of bells or whistles when necessary to give warning of their approach, might usefully be included in the series, if cycling and driving are allowed in the pleasure ground. 11. A person who shall wheel or bring, or^ cause to be wheeled or brought into the pleasure ground a wheeled chair drawn or propelled by hand, or a perambulator or a chaise drawn or propelled by hand and used solely for the conveyance of a child or children, shall not at any time wheel or station such chair, perambulator, or chaise, or cause or suffer such chair, perambulator, or chaise to be wheeled or stationed over or upon any part of a flower bed, or over or upon any shrub, underwood, gorse, furze, fern, or plant, or any ground in course of preparation or cultivation as a flower bed, or for the reception or growth of any shrub, underwood, gorse, furze, fern, or plant. Where, by a notice or notices affixed or set up in some conspicuous position at or near to each of the several entrances to the pleasure ground, the Council may from time to time prohibit the use by any such wheeled chair, perambulator, or chaise of such part or parts of the pleasure ground as shall be defined or described in such notice or notices, a person shall not, at any time while such notice or notices shall continue so affixed or set up, wheel or station any such chair, perambulator, or chaise, or cause or suffer any such chair, perambulator, or chaise to be wheeled or stationed over or upon such part or parts of the pleasure ground. Posting of bills. 12. A person, other than an officer of the Council, or a person acting in pursuance of their directions in that behalf, shall not affix or post any bill, placard, or notice to or upon EEGULATION OF PLEASUKE GROUNDS. 385 any wall or fence in or enclosing the pleasure ground, or to or upon any tree, or to or upon any part of any building, barrier, or railing, or of any fixed or movable seat, or of any other structure or erection in the pleasure ground. Posting bills, etc. For a similar provision affecting the Royal parks, see Sched. I. (13) to the Parks Regulation Act, 1872. The distribution of Distribution handbills and circulars may be prohibited by the addition to the clause, f bills. at the end, of the words, " or distribute any bill, placard, circular, or notice in the pleasure ground." 13. A person, other than an officer of the Council, or a Unauthorised person or a servant of a person employed by the Council toli^inThe in or about any work in connection with the laying out, ground, planting, improvement, or maintenance of the pleasure ground, shall not at any time, in any part of the pleasure ground, remove or disturb any part of the soil of any flower bed, or any soil under or about any tree, sapling, shrub, underwood, gorse, furze, fern, or plant, or any soil in course of preparation or cultivation as a flower bed, or for the reception or growth of any shrub, underwood, gorse, furze, fern, or plant. 14. A person, other than an officer of the Council, or a nor trample person or a servant of a person employed by the Council in or about any work in connection with the laying out, planting, improvement, or maintenance of the pleasure ground, shall not at any time, in any part of the pleasure ground, walk or run over, or stand, sit, or lie upon any part of any flower bed, or any shrub, underwood, gorse, furze, fern, or plant, or any ground in course of preparation or cultivation as a flower bed, or for the reception or growth of any shrub, underwood, gorse, furze, fern, or plant. 15. A person, other than an officer of the Council, or a n r person or a servant of a person employed by the Council plants. in or about any work in connection with the laying out, planting, improvement, or maintenance of the pleasure ground, shall not at any time, in any part of the pleasure ground, cut or displace any turf, or uproot or displace any gorse, furze, fern, or plant. Damage to trees, etc. The limited scope of this clause may be explained by reference to the Malicious Injuries to Property Act, 1861, ss. 20 and 22 of which deal with unlawful and malicious destruction of, or damage to, trees, saplings, shrubs or underwood growing in any park or pleasure ground. B. 2 o 386 SERIES X. PLEASURE GROUNDS. Section 23 of the same Act protects from unlawful and malicious destruction or damage " any plant, root, fruit, or vegetable production growing in any garden " ; and s. 52 covers any case of wilful or malicious damage to property not otherwise punishable under the Act. But actual damage must be proved, not merely such as is implied from act of trespass. Thus, persons playing football trespassed into an enclosed grass field and continued the game in defiance of express notice to leave, and were convicted of unlawfully and maliciously doing damage with intent to destroy grass for the food of beasts. It was held that the conviction was wrong, and neither s. 24 nor s. 52 of 24 & 25 Viet. c. 97, applied to damage which was only nominal, and not done witli intent to damage (Eley v. Lythe (1886), 50 J. P. 308). The respondent gathered mushrooms in a field belonging to the appellant ; they were of value to the latter, but grew spontaneously, and were entirely uncultivated ; no damage was done by the respondent to the grass or hedges. Upon these facts the respondent was not guilty of an offence within s. 52 (Gardner v. Mansbridge (1887), 19 Q. B. D. 217 ; 57 L. T. 265 ; 35 W. R. 809 ; 51 J. P. 612 ; 16 Cox C. C. 281). Where two boys were discovered wandering over grass fields for mushrooms, and did actual damage to the amount of sixpence, the court held that there was evidence upon which to sustain a conviction (R. v. Hexham JJ., Times, March 14, 1887). Where the appellant, a trespasser, walked across a field (in which the grass was long) although requested not to, and did damage to the value of sixpence, it was held that he was properly con- victed (Gayford v. Chouler, [1898] 1 Q. B. 317 ; 62 J. P. 165 ; 14 T. L. E. 166). " A man," said DAY, J., " must be taken to intend the natural consequences of his act." (See, further, Laws v. Eltringham (1881), 8 Q. B. D. 283 ; 51 L. J. M. C. 13 ; 46 L. T. 64 ; 30 W. R. 245 ; 46 J. P. 230 ; 15 Cox C. C. 22 ; Hamilton v. Bone (1888), 52 J. P. 726.) H. cut off the high blossoms, valued at tenpence, from a chestnut tree growing on B.'s land and overhanging part of the highway to within a few feet of H.'s premises, and claimed the right to do so as he had no other remedy to abate a nuisance caused by the branches of the tree interfering with the light and air to his dwelling, and by boys throwing stones at the blossoms and breaking his glass. H. was properly convicted (Hamilton v. Bone, supra). If the tree had overhung H.'s land there would have been no conviction (Lemon v. Webb, [1895] A. C. 1 ; 64 L. J. Ch. 205 ; 71 L. T. 647 ; 59 J. P. 564). With regard to the stealing of trees, saplings, shrubs, or underwood growing in parks and pleasure grounds, the provisions of ss. 32, 33 of the Larceny Act, 1861 (24 & 25 Viet. c. 96) may be referred to ; and as to the stealing of " any plant, root, fruit, or vegetable production " growing in any garden or' pleasure ground, see s. 36 of the same Act. Picking 16. A person shall not at any time, in any part of the flowers, ferns, p i easure ground, pluck any bud, blossom, flower, or leaf of any tree, sapling, shrub, underwood, gorse, furze, fern, or plant. Plucking flowers, etc. This provision is necessary, as the plucking of flowers or leaves in the pleasure ground is an act which is not necessarily due to any intention to damage the plants, trees, etc., and, in strictness, does not necessarily result in any such damage being done. A similar provision affecting the Royal parks is contained in Sched. I. (13) to the Parks Regulation Act, 1872. REGULATION OF PLEASURE GROUNDS. 387 17. A person shall not wilfully, carelessly, or negligently Defilement of soil or defile any part of any wall or fence in or enclosing the buildings, pleasure ground, or any part of any building, barrier, or railing, etc - or of any fixed or movable seat, or of any monument, work of art, ornament, or decoration, or of any other structure or erection in the pleasure ground, or wilfully, carelessly, or negligently throw or deposit any filth, rubbish, or refuse, Deposit of or cause or suffer any filth, rubbish, or refuse to fall or ru to be thrown or deposited upon any part of the pleasure ground. 18. A person shall not wilfully, carelessly, or negligently Throwing throw or discharge in the pleasure ground any stone or other stones> etc - missile to the damage or danger of any person. Throwing stones, etc. A similar regulation applies to the Royal parks under Sched. I. to the Parks Regulation Act, 1872. 19. A person shall not climb any wall or fence in or enclosing Climbing, the pleasure ground, or any tree, or any barrier, railing, or post in the pleasure ground. 20. A person shall not bathe, wade, or wash in any lake, Wading and pond, stream, or other ornamental water in the pleasure ground, l or wilfully, carelessly, or negligently foul or pollute any such Pollution water, or take, injure, or destroy, or attempt to take, injure, or water - destroy, or wilfully disturb any fish in any such water, Fishing, or wilfully disturb or worry or illtreat any fowl in any such Disturbing water, or elsewhere in the pleasure ground. 21. A person shall not, in any part of the pleasure ground, Bird-nesting, wilfully displace or disturb, injure or destroy any bird's nest, or wilfully take, injure, or destroy any bird's egg. i 22. A person shall not, in any part of the pleasure ground, take, injure, or destroy any bird, or spread or use any net, or set or use any snare or other engine, instrument, or means for the taking, injury, or destruction of any bird. Chasing game, etc. Where a byelaw relating to a common provided that "no person shall shoot or chase game or other birds or animals on the common," and a person carried a tame pigeon and a falcon, and let both off and ran after them for half a mile watching the chase, it was held that this was an offence within the byelaw (Harper v. Michael (1880), 44 J. P. 378). 2 c 2 388 Dogs. Playing games. Interference with other players. Over- crowding playground SERIES X. PLEASURE GROUNDS. 23. A person shall not cause or suffer any dog belonging to him or in his charge to enter or remain in the pleasure ground, unless such dog be and continue to be under proper control, and be effectually restrained from causing annoyance to any person, and from worrying or disturbing any beast, and from entering any ornamental water, and from injuring or destroying, worrying, or disturbing any fowl in the pleasure ground. 24. A person shall not, except as is herein-after provided, play or take part in any game of football, quoits, bowls, hockey, cricket, or any other game which, by reason of the rules or manner of playing, or for the prevention of damage, danger, or discomfort to any person in the pleasure ground, may necessitate, at any time during the continuance of the game, the exclusive use by the player or players of any space in the pleasure ground : Provided that where, by a notice or notices, which shall be affixed or set up in some conspicuous position in the pleasure ground, and at or near to each of the principal entrances thereto, the Council may from time to time set apart, for the playing of any such game or games as may be specified in such notice or notices, such space or spaces in the pleasure ground as shall be defined or described in such notice or notices, this byelaw shall not be taken to prohibit any person from playing or taking part in any game or games which may be played in such space or spaces and in accordance with the following regulations : (i.) Every person resorting to any such space for the purpose of playing or taking part in any such game shall, in making preparation for the playing of such game and in the manner of playing, use reasonable and proper care to prevent undue interference with the reasonable and proper use of such space by any other person engaged in making preparation for playing or in playing therein, or thereafter resorting to such space for the purpose of making preparation for playing or of playing therein : (ii.) A person resorting to any such space for the purpose of playing or taking part in any such game shall not begin to play at any time when such space is already occupied by such a number of players and in such a manner as to render any addition to the number REGULATION OF PLEASURE GROUNDS. 389 of players incompatible with the safe and con- venient use of such space by the players already in occupation. (iii.) Except in any case where the exclusive use of any such Mutches, space or of any part thereof may have been granted by the Council for the playing of any match, of which the occasion and character shall be such as to render expedient an extension of the time herein-after specified, a player or company of players shall not, in making preparation for playing and in playing any game, use any part of such space for a longer time Monopolising than hours continuously, if, at the expiration of gro> that time any other player or company of players, for whose use no other part of such space or no part of any other space set apart for the purpose may be available, shall make known to such first mentioned player or company of players an intention to use, for the purpose of playing, such part of such space as shall have been previously used by such player or company of players. Playing of games. The effect of this clause is to prohibit the playing in the pleasure ground of football, cricket, or any other game such as is described in the first paragraph, except in such parts of the pleasure ground as are set apart for the purpose, and subject to the conditions specified in sub-clauses (i.), (ii.), and (iii.). These conditions prevent players unduly interfering with ojie another's play, or taking up ground when the space provided is already occupied by the full number of players who, with due regard to the character of the games in progress, can safely and conveniently be accommodated for the time being. They also prevent any one set of players from monopolising the ground for an unreasonable time. " Two hours " may be inserted in sub- clause (iii.). The clause makes separate provision for matches. Charges for use of cricket pitches, tennis courts, bowling greens, etc. It has been questioned whether, by means of a byelaw or otherwise, the local authority can obtain power to make a charge for the use of cricket pitches, tennis courts, bowling greens, etc., in a pleasure ground provided by them. The answer to the question appears to be that, unless specially empowered to do so by a local Act, the authority cannot legally make any charge for the use of the pleasure ground, or any part thereof, except as provided by s. 44 of the Public Health Acts Amendment Act, 1890, as to which, see note, p. 379. Regulation of golf, football, cricket, and lawn tennis. Model forms of by claws prescribing regulations for the playing of golf, football, cricket, and lawn tennis in pleasure grounds are included in Model Byelaws, vol. ii. Playing of games on Sunday. A byelaw entirely prohibiting the playing of games in a pleasure ground on Sunday would probably be open to objection as being too comprehensive. The same objection could scarcely be taken to 390 SERIES X. PLEASURE GROUNDS. a clause forbidding the playing on Sunday of such games only as are men- tioned in the first paragraph of the Local Government Board's model clause above ; but such prohibitions should not be imposed unless the circumstances distinctly warrant them. Intrusion of males upon playgrounds set apart for females, etc. A clause, such as the following, may be added to the series where there are separate playgrounds for girls and infants, or where sanitary conveniences are provided in the pleasure ground. improper A male person, other than a boy under the age of seven years, intrusion. s j ia jj no en t e r or use any play-ground, place, room or building, set apart for the use of females, and a female person shall not enter or use any play-ground, place, room or building set apart for the use of males. Fishing and skating. Clauses regulating fishing and skating in pleasure grounds are included in Model Byelaws, vol. ii. Erecting 25, A person, other than an officer of the Council, or a person etc. S ' s> or a servant of a person employed by the Council in or about any work in connection with the laying out, planting, improve- ment, or maintenance of the pleasure ground, shall not, except as is herein-after provided, erect any post, rail, fence, pole, tent, booth, stand, building, or other structure in any part of the pleasure ground : Provided that the foregoing prohibition shall not apply in any case where, upon an application to the Council for permis- sion to erect any post, rail, fence, pole, tent, booth, stand, building, or other structure in any part of the pleasure ground, upon such occasion and for such purpose as shall be specified in such application, the Council may grant, subject to com- pliance with such conditions as they may prescribe, permission to any person to erect such post, rail, fence, pole, tent, booth, stand, building, or other structure. Erection of buildings by council. By elavv 25 does not apply to persons erecting buildings, etc., for or on behalf of the council. Where premises have been provided for the purpose of being used as public parks or pleasure grounds, it is allowable to erect thereon such buildings as may be conducive to the purpose for which the premises have been acquired. Of such a nature are a conservatory, a museum and a public library, but not a town hall or a school of art (Att.-Gen. v. Sunderland Corporation (1876), 2 Ch. D. 634 ; 45 L. J. Ch. 839 ; 34 L. T. 921 ; 24 W. E. 991 ; 40 J. P. 564). 26. A person shall not, in any part of the pleasure ground, beat, shake, sweep, brush, or cleanse any carpet, drugget, rug, or mat, or any other fabric retaining dust or dirt. REGULATION OF PLEASURE GROUNDS. 391 27. A person shall not, in any part of the pleasure ground, Drying hang, spread, or deposit any linen or other fabric for the purpose cl of drying or bleaching. 28. A person shall not deliver any public address in any part Public of the pleasure ground. addresses. Prohibition of preaching, etc. Where the extent of a pleasure ground is small, or the ground is not so laid out as to afford adequate space for holding meetings without interfering with the general use of the ground hy the public, clause 28 of the model series may properly be retained as printed, or even strengthened, so as to prohibit any form of religious service, and of public debate or discussion, in any part of the ground. It may be mentioned that there is no right of the general public to hold meetings on a common known to the law (De Morgan v. Metropolitan Board of Works (1880), 5 Q. B. D. 155 ; 49 L. J. M. C. 51 ; 42 L. T. (N.S.) 228 ; 28 W. R. 489 ; 44 J. P. 296). Where by a scheme made under the Metropolitan Commons Act, 1866, and confirmed by the Metropolitan Commons Supplemental Act, 1877, it was provided that a common should be dedicated to the use and recreation of the public as an open and unenclosed space for ever, and the Metropolitan Board of Works were empowered to frame byelaws and regulations for the prevention of nuisances and the preservation of order on the common ; and the board made a byelaw prohibiting the delivery of any public speech, lecture, sermon, or address of any kind, except with the written permission of the board first obtained, and upon such portions of the common and at such times as might be by such written permission directed and sanctioned by the board, the court held that such byelaw was valid (ibid.). Where, however, circumstances admit of preaching, etc., in the grounds, without interference with the general comfort, a proviso on the following lines may, if desired, be added to clause 28 (cf. Sched. L (8) to the Parks Regulation Act, 1872). Provided that the foregoing prohibition shall not apply in Proviso as to any case where, upon an application to the Council for per- ^[^ aching> mission to [hold any religious service, or hold or take part in any public discussion, orj deliver any public address in the pleasure ground, upon such occasion, or on such days, and at such hours as shall be specified in such application, the Council may grant, subject to compliance with such conditions as they may prescribe, permission to any person to [hold any such service, or hold or take part in any such discussion, or] deliver any such address in such part of the pleasure grounds as they may appoint or set apart for the purpose. Prohibition of music. With regard to the final paragraph of the official memorandum on the model series, the following clause may be suggested for adoption by the council, if they propose to regulate the performance of music in the pleasure ground : A person shall not play any musical instrument or sing in Music and any part of the pleasure ground. 392 SEBIES X. PLEASUEE GKOUKDS. Provided that the foregoing prohibition shall not apply in any case where, upon an application to the Council for permission to play any musical instrument or sing, upon such occasion, or on such days, and at such hours, as may be specified in such application, the Council may grant, subject to compliance with such conditions as they may prescribe, permission to play such musical instrument, or to sing in the pleasure ground. Letting or 29, A person shall not, in any part of the pleasure ground, articles or se ^> or ^ ej: or ex P ose ^ or BS ^ e > or ^ * hire, or offer or expose commodities, for letting to hire any commodity or article, unless, in pur- suance of an agreement with the Council, or otherwise in the exercise of any lawful right or privilege, such person may be duly authorised to sell or let to hire in the pleasure ground such commodity or article. Letting or sale of articles. Compare with the provision in Sched. I. (7) to the Parks Regulation Act, 1872. Obstruction of officers, disturbance or inter- ruption. 30. A person shall not, in any part of the pleasure ground, wilfully obstruct, disturb, interrupt, or annoy any other person in the proper use of the pleasure ground, or wilfully obstruct, disturb, or interrupt any officer of the Council in the proper execution of his duty, or any person or servant of any person employed by the Council in the proper execution of any work in connection with the laying out, planting, improvement, or maintenance of the pleasure ground. Obstruction and disturbance. For a similar provision affecting the Royal parks, see Sched. I. (16) to the Parks Regulation Act, 1872. Specific annoyances. Matters such as smoking in refreshment rooms, the admission of drunken persons, and the use of bad language, occasionally form the subject of proposed byelaws for the regulation of pleasure grounds. In the following notes each of these matters is dealt with separately. Smoking in prohibited places. The following clause may be suggested : Smoking. A person shall not smoke tobacco or any like substance in any building in the pleasure ground where, by a notice or notices affixed or set up in some conspicuous position, the Council may prohibit smoking in such building. Drunkenness. Drunkenness. A byelaw prohibiting the entrance into the pleasure ground of any person who is in a state of intoxication, or the continuance in the ground of any such person, is probably unnecessary in consequence of the provision in s. 12 of the Licensing Act, 1872 (35 & 36 Viet. c. 94). REGULATION OF PLEASURE GROUNDS. 393 Bad language. The use of profane language in the pleasure ground can be dealt with without a byelaw. As to indecent and obscene language, the following clause is suggested : A person shall not, in any part of the pleasure ground, use Indecent or any indecent or obscene language to the annoyance of any other person using the pleasure ground. With regard to the qualification, " to the annoyance of any person," see Strickland v. Hayes, [1896] 1 Q. B. 290 ; 60 J. P. 164; 65 L. J. M. C. 55; 74 L. T. 137 ; 44 W. R. 398 ; 12 T. L. E. 199 ; 18 Cox C. C. 244 Kruse v. Johnson, [1898] 2 Q. B. 91 ; 62 J. P. 469 ; 67 L. J. Q. B. 782 ; 78 L. T. 647 : 46 W. E. 631 ; 14 T. L. E, 416. Betting. For the prevention of betting in the pleasure ground, the following clause might be considered : A person shall not frequent or use the pleasure ground for Betting, the purpose of betting or wagering, or of agreeing to make any bet or wager. 31. Every person who shall offend against any of the fore- Penalty, going byelaws shall be liable for every such offence to a penalty of : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sum not exceeding "five pounds," may be inserted. The second paragraph is added in order to satisfy the requirements of s. 183 of the Public Health Act, 1875. Eecovery of penalties. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and note thereon in Lumley's Public Health, 5th ed., p. 333. 32. Every person who shall infringe any byelaw for the Removal of regulation of the pleasure ground may be removed therefrom fro^'the* by any officer of the Council, or by any constable, in any one ground, of the several cases herein-after specified ; that is to say, (i.) Where the infraction of the byelaw is committed within where name the view of such officer or constable, and the name *" f t and residence of the person infringing the byelaw are unknown to and cannot be readily ascertained by such officer or constable : 394 SERIES X. PLEASURE GROUNDS. or where such (jj ) "Where the infraction of the byelaw is committed within ^necessary the view of such officer or constable, and, from the fortheregu- nature of such infraction, or from any other fact ground. of which such officer or constable may have know- ledge, or of which he may be credibly informed, there may be reasonable ground for belief that the continuance in the pleasure ground of the person infringing the byelaw r may result in another infraction of a byelaw, or that the removal of such person from the pleasure ground is otherwise necessary as a security for the proper use and regulation thereof. Removal of offenders from the pleasure ground. Section 164 of the Public Health Act, 1875, empowers the council to provide by the byelaws for the removal from the pleasure ground " of any person infringing any such byelaw by any officer of the [council] or constable." Clause 32 of the model series is framed to give effect to this provision. It only deals with persons offending " within the view " of the officer or constable, and the action of the latter is strictly limited to cases which come within sub-clause (i.) or (ii.) Repeal of Byelaws. 33. From and after the date of the confirmation of these byelaws, the byelaws relating to the pleasure ground which were made by the on the day of in the year one thousand eight hundred and , and which were confirmed by the Local Government Board on the day of in the year one thousand eight hundred and , shall be repealed. Repeal. If there are any byelaws in force with respect to the pleasure ground, and the council are desirous of repealing such byelaws, the above clause should be completed and added to the series. If it is not included, it should be stated, for the information of the Local Government Board, whether or not there are any byelaws as to the pleasure ground in force. SERIES XI. HORSES, PONIES, ETC. STANDING FOR HIRE. ( 397 ) HORSES, PONIES, ETC. STANDING FOR HIRE. MEMORANDUM. BY section 172 of the Public Health Act, 1875 (38 & 39 Viet. 38 & 39 Viet, c. 55), it is enacted as follows : "Any Urban Authority may license the proprietors, drivers, and conductors of horses, ponies, mules or asses, standing for hire within the district in like manner, and with the like incidents and consequences as in the case of proprietors and drivers of hackney carriages, and may make byelaws for regulating stands and fixing rates of hire, and as to the qualification of such drivers and conductors, and for securing their good and orderly conduct while in charge." Having regard to the terms of the above-quoted enactment, the Board think that it may here be convenient to append a few observations upon the manner, incidents, and consequences of the licensing of the proprietors, drivers, and conductors of horses, ponies, mules, or asses standing for hire. To these matters the statutory provisions affecting the Application proprietors and drivers of hackney carriages are rendered t V i c t. c. 89. applicable. These provisions will be found in the Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), and, as amended by section 171 of the Public Health Act, 1875, are in force in every urban district. The sections of the 10 & 11 Vict. c. 89, which, mutatis mutandis, may be considered as having reference, either wholly or in part, to the manner, incidents, and consequences of the licensing of the proprietors, drivers, and conductors of horses, ponies, mules, or asses standing for hire, are as follows, viz. : Sections 37, 39, 40, 41, 42, 43, 44, 45, 46 (as amended by section 171 of the 38 & 39 Vict. c. 55), 47, 48, 49, 50, 53, 54, 55, 58, 59, 60, 61, 62, 63, 64, 65, 66, and 67. With reference to these enactments it should be noticed that Licensing of the effect of sections 46 and 47 of the 10 & 11 Vict. c. 89, as conductors. 398 SERIES XI. HORSES, PONIES, ETC. STANDING FOR HIRE. applied to the case of a driver or conductor of a horse, pony, mule, or ass standing for hire is to require every such driver or conductor to obtain a licence from the Urban Authority, and to render liable to penalty any person who acts as a driver or conductor without having obtained such licence or during the time that his licence is suspended, or who lends or parts with his licence except to the proprietor of the horse, pony, mule, or ass. The proprietor will also be liable to a penalty if he employ any person as a driver or conductor who has not obtained a licence or during the time that his licence is suspended. The 10 & 11 Viet. c. 89, section 50, empowers the Urban Authority, upon a conviction for the second time for any such offence as is therein mentioned, to suspend or revoke the licence; and, in accordance with the provision in the last paragraph of section 171 of the 38 & 39 Viet. c. 55, the licence granted to a driver or conductor will be in force for one year only from the date of the licence, or until the next general licensing meeting, where a day for such meeting is appointed. Qualification Although the 38 & 39 Viet. c. 55, section 172, specifies the conductors. 11 qualification of drivers and conductors as one of the subjects which may be regulated by byelaws, the Board have deemed it unnecessary to include in the Model Series any clause with respect to this matter. It will be within the discretion of the Urban Authority to grant or refuse a licence; and before deciding upon any application they will doubtless satisfy themselves as to the qualification of the applicant for employment as a driver or conductor. A licence from the Urban Authority is a quali- fication which the statutory provisions above noticed recognise as indispensable in the case of every person who acts as a driver or conductor. JOHN LAMBERT, Secretary. Local Government Board, 28th May, 1879. Authorities competent to adopt the model byelaws. Byelaws with respect to animals standing for hire, can, under s. 172 of the Public Health Act, 1875, be made only by an urban district council, or a rural district council invested with the powers of an urban district council in the matter, by means of an order of the Local Government Board, under s. 276 of the Act. Where application is made to the Board fur such an order, the instructions in the Introduction should be observed. ( 399 ) SEKIES XI. HORSES, PONIES, ETC. STANDING FOE HIEE. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for a draft form on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.] MADE BY THE* WITH EESPECT TO HORSES, PONIES, MULES, OB ASSES STANDING FOB HIEE IN THE t Interpretation of terms. 1. In the construction of these byelaws the following words Interpreta- and expressions shall have the meanings herein-after respec- tr tively assigned to them, unless such meanings be repugnant to or inconsistent with the context or subject-matter in which such words or expressions occur ; that is to say, " Council " means the* : "Proprietor" means the proprietor of a horse, pony, mule, or ass standing for hire : "Driver" means the driver of a horse, pony, mule, or ass standing for hire : " Conductor " means the conductor of a horse, pony, mule, or ass standing for hire : "Animal" means a horse, pony, mule, or ass standing for hire. For regulating stands. places specified in shall be the authorised stands for such number of animals 2, The several places specified in the following list Fixing stands. * " Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or, " Urban [or Rural] District Council of " ; cw the cane may be. t " Borough " or " Urban [or Rural] District" ; as the case may be. 400 SERIES XI. HORSES, PONIES, ETC. STANDING FOR HIRE. of such description as shall in each case be specified in such list. [Here insert list of stands.] In addition to or in substitution for any place or places specified in the foregoing list, such place or places, as may from time to time be appointed by the Council, and may be indicated in each case by a notice board affixed or set up and continued in some conspicuous position at or near to such place, shall be the stand or stands authorised for such number of animals as shall in each case be specified on such notice board. List of stands. The list of proposed stands should be inserted before the byelaws are submitted to the Local Government Board for their preliminary approval. The latter part of the clause will enable the district council to alter the list of stands, after the byelaws are confirmed, without making a fresh byelaw. Section 68 of the Town Police Clauses Act, 1847 (10 & 11 Viet. c. 89), which authorises the making of byelaws inter alia for " fixing " stands, appears to be inapplicable to animals standing for hire, because s. 172 of the Public Health Act, 1875, specifies the subjects upon which bye- laws can be made in respect of such animals. It would seem, however, that the expression "for regulating stands," as used in the latter section, is sufficiently comprehensive to authorise the making of a byelaw fixing stands for the purpose. Use of 3, Every driver or conductor of an animal, when standing for hire and not actually hired, shall station such animal on some one of the stands appointed or hereafter to be appointed by the Council. Such driver or conductor shall not station such animal on any stand which, at the time of his arrival at such stand, may be occupied by the full number of animals authorised to occupy such stand. Such driver or conductor, on arriving at any stand not already occupied by the full number of animals authorised to occupy such stand, shall station such animal upon such stand in such a position that the head of such animal shall be turned in the same direction as the head or heads of the animal or animals then stationed on such stand. He shall also station such animal in such a manner and in such a position as to prevent any obstruction to the safe and convenient occupation of such stand by any other animal already occupying or thereafter arriving at such stand, or to KATES OF HIRE. 401 the safe and convenient access to such animal, or to the safe and convenient departure of such animal from such stand. Use of stands. With regard to the authority for the first paragraph of this clause, see note on clause 2. The remaining paragraphs clearly provide " for regulating stands " for animals for hire. They prevent the overcrowding of the appointed stands, and require that the animals shall be so placed on the stands as to prevent obstruction and conduce to the maintenance of order. For fixing rates of hire. 4. Every proprietor, driver, or conductor of an animal shall Fixing rates be entitled to demand and take for the hire of such animal the re ' sum prescribed by the following table as the rate of hire for such animal ; and in every case the hiring shall be by time, unless before or at the commencement of the hiring it shall have been expressly agreed between such proprietor, driver, or conductor and the person seeking to hire or hiring such animal that such hiring shall be by distance. RATES OF HIRE. BY TIME. Description of Animal. Period b of Horse. Pony. Mule. AM. Time. With a Without With a Without With a Without With a Without driver a driver driver a driver driver a driver driver a driver or con- or con- or con- or con- or con- or con- or con- or con- ductor. ductor. ductor. ductor. ductor. ductor. ductor. ductor. s. a. s. d. s. d. s. d. 8. d. s. d. s. d. s. d. If the time does not exceed one hour : For the whole time If the time exceeds one hour : For eveiy quarter of an hour of the whole time For any period of less than 15 minutes which is over and above any number of periods of 15 minutes com- pleted 2 D 402 SERIES XI. HORSES, PONIES, ETC. STANDING FOR HIRE. BY DISTANCE. Description of Animal. Horse. Pony. Mule. Ass. Distance. With a Without With ;i Without With a Without With a Without driver a driver driver a driver driver i driver driver ,i driver or con- or con- or con- or con- or con- or con- or con- or con- ductor. ductor. ductor. ductor. ductor. ductor. ductor. ductor s. d. s d. s. d. s. d. s. 0. s. d. s. d. s. d. If the distance does not exceed one mile : For the whole distance If the distance exceeds one mile : For each mile of the whole dis- tance For any part of a mile which is over and above any number of miles completed - Table of faxes. Where the hiring of horses, ponies, etc., by distance, is limited to short rides along the beach of a seaside town, or otherwise to a course between stated points, the form of the latter part of the table of fares will require modification. As regards each portion of the table, the columns headed "without a driver or conductor" may of course be omitted where it is not customary for the proprietors to let their animals to hire without a driver or conductor. Although s. 68 of the Town Police Clauses Act, 1847, does not apply to animals standing for hire, and the provision as to fixing rates of hire for such animals in s. 172 of the Public Health Act, 1875, is not expressly limited to fares " within the district " (as in the case of hackney carriages, for example), it may be doubted whether the district council have power to fix the rates of hire for animals for journeys extending into an adjoining district, except as regards so much of the way as lies within their own district. Drivers, etc., to be civil. For securing the good and orderly conduct of drivers and conductors while in charge. 5, Every driver or conductor of an animal shall at all times conduct himself in an orderly manner, and with civility and propriety towards every person seeking to hire or hiring or being carried upon such animal ; and shall comply with every reasonable requirement of any person hiring or being carried upon such animal. CONDUCT OF DRIVERS AND CONDUCTORS. 403 6. A driver or conductor of an animal shall not, by calling Touting out or otherwise, importune any person to hire such animal to P romblted - the annoyance of such person or of any other person. 7. Every driver or conductor of an animal, who shall have Drivers, etc. agreed or shall have been hired to be in attendance with such a animal at an appointed time and place, shall, in pursuance of such agreement or hiring, and unless delayed or prevented by some sufficient cause, punctually attend with such animal at such appointed time and place. 8. A driver or conductor of an animal shall not solict or Unfit allow any person to mount such animal for the purpose of being carried for hire at any time when such driver or conductor may know or have reasonable ground for believing that the condition of such animal is such as to expose its rider, or any person traversing or being in any street or public thoroughfare, to risk of injury. 9. A driver or conductor of an animal shall not allow any Saddle and person to mount such animal for the purpose of being carried j^!J^ order for hire until such driver or conductor shall have duly fastened or adjusted or otherwise made ready for safe and convenient use the saddle, bridle, and other equipments of such animal, or shal] have ascertained, by careful examination, that such saddle, bridle, and other equipments have been duly fastened or adjusted or otherwise made ready for safe and convenient use, and shall in the like manner have ascertained that such equipments are in all respects complete and in good order, so that the rider may be carried with safety and comfort, and so that such animal may be under proper control either by such rider or by such driver or conductor. Conduct of drivers and conductors. Clauses 5 9 of this series apply, with necessary modifications, to the drivers and conductors of animals standing for hire, the same rules as are contained in the clauses numbered 1, 5, 11, 14 and 15 of the model series with respect to hackney carriages (see pp. 272 279). With regard to the use of the expression "conduct" in s. 172 of the Public Health Act, 1875, see the remarks on p. 273 with reference to the same expression as used in s. 68 of the Town Police Clauses A.ct, 1847. 10. In every case, where the terms of the hiring of an where animal may comprise the engagement of the services of a gJJJJ^ 1 * 5 driver or conductor for the whole or any part of any period animal to be 404 driven care- fully, SERIES XI. HORSES, PONIES, ETC. STANDING FOR HIRE. of time or of any distance, such driver or conductor throughout such time or distance shall carefully drive or conduct such animal, and shall not, without reasonable excuse, withdraw from close attendance upon such animal, or cause or suffer such animal to proceed at such a pace or in such a manner as to impede or preclude the exercise of due control over such animal, or to occasion risk of injury or discomfort to the rider. and not more U. In every case, where the terms of the hiring of a horse, horse" etc., P on y> or mule may comprise the engagement of the services of to be driven a driver or conductor for the whole or any part of any period of time or of any distance, such driver or conductor throughout such time or distance shall not drive or conduct any other animal in addition to such horse, pony, or mule. Not more 12. A driver or conductor shall not at any one time drive or asses tTbe conduct a greater number than two asses while employed in driven. carrying persons for hire. Attendance of driver or conductor. Having regard to the reckless manner in which animals, such as those to which the byelaws apply, are ridden, or, rather, are driven by the persons in charge of them, even where, as may occasionally be the case, the hirers would be satisfied with a more leisurely rate of progression, the provisions of the latter part of clause 10 can scarcely be considered unnecessary, or out of place under the heading of " conduct." The other part of this clause, and the stipulations in clauses 1 1 and 12 are intended, irrespective of any question of public safety or con- venience, to ensure that each rider ^shall have a due amount of attention in return for the additional payment which (see clause 4) he is presumably required to. make in consideration of the attendance of a driver or conductor. Not more 13. A driver or conductor shall not at any one time drive, horses7etc., conduct, or act in charge of a greater number than two horses, or four asses ponies, or mules, or a greater number than four asses, while to be taken , . , ' . _, charge of by sucn animals may be standing for hire, or while such animals, one driver. no t being employed in carrying persons for hire, may pass through or be in any street or public thoroughfare on the way to or from any stand, or any stable or premises of the pro- prietor or proprietors, or any place or places at which the hiring of such animals may commence or terminate. Attendance on animals when not actually hired. The object of this clause is to secure that animals waiting upon a stand, or passing through the streets when not actually ridden for hire, shall be under efficient control. The byelaw shows a nice appreciation of the circumstances of the proprietors of animals such as usually stand for hire, in referring to "any stable or CONDUCT OF DRIVERS AND CONDUCTORS. 405 premises" of a proprietor. It is to be feared that animals of the kind are frequently housed in such a manner as to make the term "stabling" hardly applicable, and it may be necessary in some of these cases to have recourse to the byelaws which the district council will probably have made under s. 44 of the Public Health Act, 1875, " for the prevention of the keeping of animals on any premises so as to be injurious to health."* Penalties. 14. Every driver and conductor who shall offend against any Penalties, of the foregoing byelaws shall be liable for every such offence to a penalty of : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sum not exceeding "five pounds" may be inserted. Recovery of penalties. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and note thereon in Lumley's Public Health, 5th ed., p. 333. Repeal of Byelaws. 15. From and after the date of the confirmation of these Repeal, byelaws, the byelaws relating to which were made on the day of in the year one thousand eight hundred and by the , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's principal Secretaries of State] [the Local Government Board] shall be repealed. Repeal of byelaws. If there are in force in the district any byelaws relating to animals standing for hire, which the district council are desirous of repealing, the above clause should be completed and added to the series. * For the model clauses on this subject, see pp. 41 44. SERIES XII. PLEASURE BOATS AND VESSELS. ( 409 ) PLEASURE BOATS AND VESSELS. MEMORANDUM. BY section 172 of the Public Health Act, 1875 (38 & 39 Viet. 38 &_ 39 Viet c. 55), it is enacted that " any Urban Authority may . . . c ' ' s ' ' license the proprietors of pleasure boats and vessels, and the boatmen or other persons in charge thereof, and may make byelaws for regulating the numbering and naming of such boats and vessels and the number of persons to be carried therein, and the mooring places for the same, and for fixing rates of hire and the qualification of such boatmen or other persons in charge, and for securing their good and orderly conduct while in charge." In the exercise of the powers thus conferred upon them, it may be assumed that the Urban Authority will deem it essential to adopt such a system of procedure as may be most conducive to the safety of passengers in pleasure boats and vessels. Diversity of local circumstances renders it inexpedient to recommend any particular system as suitable for uniform adoption by Urban Authorities, but, after consultation with the Board of Trade, it appears to the Local Government Board that, in relation to the above cited enactment, there are several important considerations to which it is desirable that the attention of Urban Authorities should be specially drawn. In the first place, it should be observed that the grant or Licensing refusal of a licence, under section 172 of the 38 & 39 Viet. c. 55, " is a matter entirely within the discretion of the Urban council. Authority. But the possession of a licence will doubtless be regarded as an indication that the Urban Authority, after careful investi- gation, have satisfied themselves that the licensed person may properly be allowed to follow his avocation within their district. It is, however, obviously desirable that the Urban Authority Procedure of should guard against any misconstruction of their action in the cc 410 SERIES XII. PLEASURE BOATS AND VESSELS. Rules as to grant or refusal of licences. Contents of licence to proprietor. matter of licensing. The limited powers conferred upon them by section 172 of the Public Health Act, 1875, do not enable the Urban Authority to control the proprietors and boatmen to such an extent as would justify the Authority in assuming, by their licence, to warrant the safety of any boat or the competency of any boatman. They should therefore be careful to regulate their method of procedure so that the true significance of their licence may be clearly apparent, and so that it in no way tends to remove from the licensee the responsibilities which would otherwise fall upon him for wrongful acts or defaults, or for the employment of incompetent persons, or for the use of an unsafe or insufficiently equipped boat or vessel. It may here be convenient to introduce a few remarks in explanation of the powers of the Urban Authority with regard to licensing, and of the principles which should guide them in the exercise of those powers. In section 172 of the Public Health Act, 1875, there is no express provision as to the conditions under which a licence may be granted or refused, or as to its duration or revocation. These are apparently matters as to which the Urban Authority may adopt such rules as they may deem most expedient. But in order to obviate misconception of the real character of the licence, it is important that in these rules certain requirements should be regarded as indispensable. In every case where a person applies for a licence as a proprietor of a pleasure boat or vessel, the Urban Authority may be advised to insist upon the production by the applicant of evidence as to the soundness of the hull of the boat or vessel, as to its stability, as to the completeness and good condition of its equipments, and generally as to its sufficiency for use as a pleasure boat or vessel. He should, at the same time, be required to submit to the Authority a declaration in writing to the effect that, to the best of his knowledge and belief, the evidence produced to them is a true statement of the several particulars to which it relates. The applicant should be made clearly to understand that, in accepting this evidence, the Urban Authority do not assume the responsibility of testing the accuracy of his representations. Moreover, the licence should expressly show that it has been granted upon the following terms, viz. : 1. That, at the time of licensing, the licensee undertakes that the hull of the boat or vessel is -sound, that the MEMOEANDUM. 411 boat or vessel is stable, that its equipments are complete and in good condition, and that it is generally sufficient for use as a pleasure boat or vessel ; 2. That he undertakes that in all these respects the boat or vessel shall be maintained in an equal state of efficiency while it plies or is used for hire ; 3. That he undertakes that the boat or vessel shall not carry passengers for hire unless a sufficient number of boatmen or other persons duly licensed by the Urban Authority to take charge of a pleasure boat or vessel be employed in the navigation and management thereof; 4. That if the Urban Authority shall, by notice in writing under the hand of their clerk and addressed to the licensee, signify their intention to revoke the licence, it shall, from and after the date specified in the notice, cease to be of any effect. Every licence granted by the Urban Authority to the proprietor of a pleasure boat or vessel should specify the number which the boat or vessel is to bear, and also its name. As the number and name are mainly requisite as aids to identification, it is desirable that, in cases such as are mentioned in the proviso to the [third] byelaw of the model series, the name already borne by the boat or vessel should be recognised by the Urban authority as sufficient. In such cases the form of licence may be modified to suit the special circumstances, and if the urban authority deem it expedient to keep a register of licensed pleasure boats and vessels, they will probably find it convenient to distinguish by the entries therein the instances in which the modified licence may have been granted. In every case where a person applies for a licence to act as a Licence to boatman or person in charge of a pleasure boat or vessel, the Urban Authority may be recommended to require the applicant to produce satisfactory evidence of good character and of experience in the navigation and management of similar craft. It will also be proper to distinguish in the licence the class of boat or vessel for which the licensee may be regarded as a qualified boatman. In the case of sailing boats or vessels, it is especially important that the licence should clearly indicate that the qualification of the person licensed entitles him to the 412 SERIES XII. PLEASURE BOATS AND VESSELS. responsible charge, or that he is only authorised to act in the capacity of an assistant to the boatman in charge. In the case of a steamer, no licence which would entitle the holder to take the responsible charge of the boat or vessel should be granted unless the applicant possesses an engineer's certificate from the Board of Trade. The terms of the licence should in every case show that it is granted subject to the condition that if the Urban Authority shall, by notice in writing under the hand of their clerk and addressed to the licensee, signify their intention to revoke the licence, it shall from and after the date specified in the notice cease to be of any effect. JOHN LAMBERT, Secretary. Local Government Board, 28th May, 1879. Authorities competent to adopt the model byelaws. Byelaws under s. 172 of the Public Health Act, 1875, with respect to pleasure boats and vessels, can only be made by an urban district council, or by a rural district council invested by an order of the Local Government Board, under s. 276 of the Act, with the powers of an urban district council under the second paragraph of the former section. Where any application is made to the Local Government Board for such an order, the instructions in the Introduction should be observed. Licensing of pleasure boats and boatmen. The second paragraph of s. 172 of the Public Health Act, 1875, which relates to pleasure boats, does not expressly authorise the licensing of such boats. The proprietors of boats may be licensed, and no doubt in practice they are licensed in respect of particular boats ; but there appears to be no power under the Act, either directly or indirectly, to compel a proprietor to take out a licence, and no penalty is imposed upon him if he neglects or refuses to do so. With regard to the boatmen or other persons taking charge of pleasure boats, the model byelaws make the possession of a licence from the district council a " qualifi- cation," without which they may not ply for hire ; but the provision enabling the council to make byelaws "for fixing . . . the qualification" of boatmen and others taking charge of boats, is inapplicable to the proprietors, except in so far as they may themselves act as boatmen, or take charge of boats. A byelaw prohibiting the letting out or plying for hire of pleasure boats of which the proprietors and boatmen in charge were unlicensed, was made by the Corporation of Worcester under s. 23 of the Municipal Corporations Act, 1882 (45 & 46 Viet. c. 50), and on proceedings being taken under the byelaw the justices held it to be invalid. A special case was stated for the opinion of the High Court, and the court upheld the decision of the justices (Byrne v. Brown (1893), 57 J. P. 741 ).. That the state of the law on this subject is unsatisfactory must be admitted ; but in regard to three important matters which periodically engage the attention of the public in connection with boating disasters in different parts of the United Kingdom MEMORANDUM. 413 the model byelaws go a great way towards giving the district council something like effective control over pleasure boats and vessels plying for hire within their district. These matters are the unseaworthiness, undernmnning, and overcrowding of pleasure boats. As regards overcrowding, it will be found that clause No. 4, with or without the addition of a further clause which will be suggested in its proper place, goes as far as is consistent with the avoidance by the district council of undue responsibility for the number of persons carried upon any particular occasion. The seaworthiness and proper equip- ment of craft, and also the sufficiency and competency of the crews, are indirectly secured by the clauses under the headings referring to the qualifi- cation and good conduct of boatmen or other persons in charge of vessels. The observations of the Local Government Board, which are contained in the memorandum above, should, however, receive careful attention. Vessels to which the model byelaws will apply. Section 172 of the Public Health Act, 1875, does not define the class of craft to which the expression " pleasure boats and vessels " is intended to apply ; but it would seem that byelaws made by a local authority under the latter part of the section would apply to a vessel on any particular occasion when she might be used for the conveyance of persons for pleasure, even though the ordinary employment of the vessel might not be such as to bring her within the scope of the enactment (cf. Pringle v. Fenwick (unreported), June, 1875). Provisions affecting the numbering and naming of pleasure boats and vessels, the number of persons to be carried therein, and the qualification and conduct of persons in charge, are made by the Merchant Shipping Act, 1894 (57 & 58 Viet. c. 60), as regards vessels to which that Act applies. The model byelaws dealing with these matters, however, do not conflict with the statutory provisions referred to. ( 414 ) SEEIES XII. PLEASURE BOATS AND VESSELS. [NOTE. Any local authority proposing to make byelaivs on this subject should apply to the Local Government Board for a draft form on which to submit the byelaivs for tlie Board's preliminary approval, before they are adopted by the local authority.] BYELAWS MADE BY THE* WITH RESPECT TO PLEASURE BOATS AND VESSELS IN THE f Interpreta tion. Interpretation of terms. 1. Throughout these byelaws the expression " the Council " means the* Numbering of vessels. For regulating the numbering and naming of pleasure boats and vessels. 2. Every proprietor of a pleasure boat or vessel shall cause a number corresponding in every particular with the number of the licence granted to him in respect of the boat or vessel to be painted, in black oil colour on a white ground, in a con- spicuous position on the exterior of each bow within inches of the gunwale, and within inches of the stem of the boat or vessel, and in figures of not less than inches in height and of not less than inches in breadth. He shall cause the number so painted to be kept plainly and distinctly visible and legible at all times while the boat or * " Mayor, aldermen, and burgesses of the borough of , acting by the council" ; or " Urban [or Rural] District Council of " ; as the case may be. f Insert name of borough or urban or rural district, or, if the byelaws are to apply to part only of a rural district, "that portion of the Rural District of , which comprises the contributory places of " ; as the case may be. NUMBERING AND NAMING OF BOATS. 415 vessel may ply or be used for hire, and, with this view, shall also cause it to be renewed as often as may be necessary. Numbering of pleasure boats. Clause 2 of the model by elaws will only apply to any boat in respect of which the proprietor may have been licensed by the district council under s. 172 of the Public Health Act, 1875. The numbering of the boat is "mainly requisite as an aid to identification." (Memorandum of Local Government Board, p. 411.) In certain cases, vessels may be required under other provisions, to carry a number. Such a provision is contained in s. 7 of the Merchant Shipping Act, 1894, which applies to all British "ships" over fifteen tons burden, employed solely in navigation on the rivers or coasts of the United Kingdom, a " ship," as defined by s. 742 of the Act, being any description of vessel used in navigation which is not propelled by oars. The same Act provides for the lettering and numbering of fishing- boats, as defined by s. 370. A steamer carrying a choir for gratuitous excursion (Hedges v. Hooker (1889), 6 Asp. M. C. 386), and a small electric launch on an artificial lake (Southport (Mayor, etc. of) v. Morris, [1893] 1 Q. B. 359 ; 62 L. J. M. C. 47 ; 57 J. P. 84, have been held not to be plying with passengers under the provisions of the Merchant Shipping Acts, now contained in the Merchant Shipping Act, 1894, ss. 271 et seq. "Ply or be used for hire." These words mean that the boat is at the disposal of any member of the public who may think fit to hire it or who is using it on hire (c/. KELLY, C.B., in Case v. Storey, ante, p: 269). 3. Every proprietor of a pleasure boat or vessel shall, except Naming of in such cases as are herein-after specified, cause a name corres- vessels - ponding in every particular with the name which may have been assigned to the boat or vessel at the time of the granting of the licence in respect thereof, and which may have been specified in such licence as the name of the boat -or vessel, to be painted in a conspicuous position in the interior thereof in letters of not less than inches in height, and of not less than inches in breadth, and of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters are painted. If the boat or vessel be of more than tons burthen, he shall also cause such name to be painted or marked in a con- spicuous position on the exterior of the stern, in letters of not less than inches in height, and of not less than inches in breadth, and of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters are painted or marked. He shall cause the name so painted or marked to be kept plainly and distinctly visible and legible at all times while the boat or vessel may ply or be used for hire, and, with this view, shall also cause it to be renewed as often as may be necessary : 416 SERIES XII. PLEASURE BOATS AND VESSELS. Provided that the foregoing requirements shall not apply in any case where the name of the boat or vessel is painted or marked thereon in pursuance of any enactment for the time being in force with respect to merchant shipping, or sea fisheries, or to any river or inland navigation, or in pursuance of any byelaw, regulation, rule, order, or ordinance duly made by any competent authority in the exercise of the powers conferred by any such enactment, or by any law or custom in that behalf. Naming of pleasure boats. Like the preceding clause, this byelaw is operative only where the proprietor may he licensed in respect of the particular vessel which is in question. The name to he borne by the boat, being chiefly required as an "aid to identification," any name already borne by the boat, being such as is mentioned in the proviso to this clause, should be " recognised by the district council as sufficient ." (Memorandum of Local Government Board, p. 411.) The colour in which the name is to be painted in or upon the vessel is not fixed by the byelaw, but may be any colour contrast- ing with sufficient distinctness with the colour of the ground. Section 7 of the Merchant Shipping Act, 1894, requires that every British " ship " over fifteen tons burden which is employed solely in navigation on the rivers or coasts of the United Kingdom, shall, subject to the provisions of the section, have her name marked on each of her bows, and her name and port of registry on her stern. A fishing-boat registered, lettered, and numbered as provided by the Act, need not have her name and port of registry marked under this section. (Sub.-s. (2).) For regulating the number of persons to be carried in pleasure boats and vessels. Number of 4. The proprietor or boatman or other person in charge of a carried 8 . ( & pleasure boat or vessel shall not, at any time, cause or suffer to be carried therein a greater number of persons than, con- sistently with the due observance of such precautions as may be rendered necessary by the state of the weather, wind, or water, the age or sex of the persons to be carried, the limits, whether of time or distance, within or beyond which the boat or vessel may be intended to be used, or any other circumstance or condition in relation to the intended use of the boat or vessel, may be safely carried therein. Number of persons to be carried. In connection with this clause, the attention of local authorities should be directed to the observations in the memorandum of the Local Government Board prefixed to the model series. In the memorandum referred to, the Local Government Board lay great stress on the council so regulating their mode of procedure in the matter of licensing as not to relieve the licensee of any part of the responsibility which would otherwise fall upon him for wrongful acts or defaults. These observations are especially applicable to the question of the number of persons which can NUMBER OF PERSONS TO BE CARRIED. 417 safely be carried by a pleasure boat. The question is one which can only be determined with reference to the state of the weather, wind, and water at a given moment. But other considerations affect the question. The age and sex of the persons to be carried, and the time it is proposed to be away from shore or the particular trip proposed to be taken are some of these ; and under the circumstances the district council would obviously be assuming a very serious responsibility if, by the terms of any licence granted by them, or otherwise, they definitely fixed the number of persons which might lawfully be carried at any time in any particular pleasure boat. The model byelaw makes the person in charge of the boat solely responsible in this matter ; and the district council may be advised to adopt this clause in all cases without alteration. In some cases, however, it has been considered advisable to supplement the byelaw by a clause such as the following : 4*. Where a person has been duly licensed by the Council as Number the proprietor of a pleasure boat or vessel subject to the exceed that condition that he shall not cause or suffer such pleasure boat specified in or vessel to be used to carry a greater number of persons than may be specified in such licence, such proprietor shall not at any time carry or cause or suffer to be carried therein a greater number of persons than the number specified in such licence. The effect of this clause is to enable the council to fix, by means of their licence to the proprietor, the maximum number of persons which may be carried in the boat under the most favourable conditions as regards weather, etc., and to render the proprietor liable to a penalty if he allows this number to be exceeded. The additional clause, however, only applies where the proprietor has been licensed ; and as already mentioned there is no power to enforce the taking out of a licence by the proprietor. The model byelaw No. 4, therefore, is required in connection with the supplementary clause, as well to deal with cases of neglect or refusal to take out a licence as to regulate the number of persons to be carried where the circumstances as regards weather, etc., are something less than the most favourable. Number of persons which a pleasure boat may be allowed to carry. The following " Suggestions " for obtaining the number of passengers that pleasure boats should carry are contained in a report made to the Board of Trade by Captain Chas. P. Wilson (llth June, 1895.) " Roiving pleasure boats : " (1.) Of 25 ft. in length and under L x B x D x 3 (i nc i u a ing crew \ 75 "(2.) Do. do. do. L x B x D x 3 d when used as sailing boats. ~ 125 " Sailing pleasure vessels : " (1.) Fully decked. Take the area of the deck, and after"! deducting incumbrances, such as masts, bitts, j-excluding crew, hatchways, etc., divide by 6. Vessels of this class should have substantial bulwarks about 3 ft. in height. B. 2 E 418 SERIES XII. PLEASURE BOATS AND VESSELS. " (2.) Partially decked : (a.) When |ths of the whole area of the boat^i Divide the area of at the height of gunwale is decked and I the space devoted provided with a coaming not less than f to passengers 6 inches in height. J by 3. (b.) Do. do. to fths Do. by 4. (c.) Do. do. to jth Do. by 5. (d.) Do. do. less than Jth Do. by 6. " Open sailing craft : (a.) For boats of 30 ft. in length and under x x (including crew). (6.) Do. over 30 ft. - - L x *j x 4 do. 30 " Cobles : (a.) Not less than 12 ft. and not more than 15 ft.) 6 passengers (including in length in the ram. J crew). (b.) Not less than 15 ft. and not more than 17 ft.) , in length in the ram. And for every additional 1 foot in length in the ram 2 additional passengers. " To obtain area of boats at height of gunwale proceed thus : Measure the extreme length and breadth, then = area. 5 " The following plan should be adopted in measuring boats. " Length. Extreme. '' Breadth. Extreme. " Depth. To be taken vertically from upper surface of garboard strake, or ram plank, to the level of the upper edge of the gunwale, amidships. " From 31st October to 30th April the number of passengers should be reduced by one third." It should be understood that these rules are put forward as suggestions only. As regards "passenger steamers," as defined by s. 267 of the Merchant Shipping Act, 1894. the number of persons to be carried at any one time is fixed by the certificate issued by the Board of Trade under s. 274 of the Act. If more than this number is carried, the owner or master becomes liable to penalties under s. 283. Persons knowingly entering the boat after the proper number have entered, will be liable to be convicted as aiding, abetting, counselling, or procuring the breach of this byelaw. (See 62 J. P. 785 ; see also Benford v. Sims, [1898] 2 Q. B. 641 ', 67 L. J. Q. B. 655 ; 78 L. T. 718 ; 47 W. R. 46 ; 14 T. L. K. 424.) For regulating the mooring places for pleasure boats and vessels. Mooring 5. The several places described or defined in the list here- unto appended shall be the mooring places appointed for such number of pleasure boats or vessels of such class, description, MOOEING PLACES. 419 or construction as shall in respect of each of such mooring places be specified in such list. LIST OF MOORING PLACES FOR PLEASURE BOATS OR VESSELS. Description, Situation, or Limits of the several Mooring Places. Pleasure Boats or Vessels for which the several Mooring Places are appointed. 1. Number. 2. Class, Description, or Construction. In addition to or in substitution for any of the places so appointed as mooring places for pleasure boats or vessels, such place or places as may from time to time hereafter be appointed by the Council and may be described or denned in a notice or notices painted or marked in legible letters and figures of such a colour as to be clearly distinguishable from the colour of the ground whereon such letters and figures are painted or marked, and affixed or set up and continued in some convenient and conspicuous position at or near to the place or places so appointed, shall be the mooring place or mooring places for such number of pleasure boats or vessels of such class, description, or construction as shall be specified in such notice or notices. Mooring places. The list of mooring places should be completed before the byelaws are submitted for the preliminary approval of the Local Govern- ment Board. The latter part of the clause will enable the district council, if necessary, to alter the list, after the byelaws are confirmed, without making a fresh byelaw. If the council prefer, all the words of the byelaw before " such place or places" in the last paragraph may be omitted. The council can then fix all the mooring places in manner provided in that paragraph. 2 E 2 420 SERIES XII. PLEASURE BOATS AND VESSELS. Vessels not to be moored at mooring place already occupied. 6. A boatman or another person in charge of a pleasure boat or vessel shall not, except in any case where, by reason of stress of weather, or the state of the tide, or any other sufficient cause, the mooring of the boat or vessel elsewhere may be imprac- ticable, or may be attended with danger to life or property, moor such boat or vessel at any mooring place already occupied by the full number of boats or vessels authorised to occupy such mooring place. Interfering vessels. 7. A boatman or another person in charge of a pleasure boat or vesse ^ occupying any mooring place shall not wilfully or improperly, carelessly or negligently cast off, unloose, or cut any rope, or unshackle or break any chain, or detach, remove, displace, injure, or destroy any other fastening whereby any other boat or vessel may be moored at such mooring place, or otherwise wilfully or improperly, carelessly or negligently render insecure the mooring of such other boat or vessel. not to injure etc. other boat or vessel in such a position and in such prevent any risk of injury to any other boat or vessel at Vessels to be 8. Every boatman or other person in charge of a pleasure 3 boat or vessel, on arriving at a mooring place, shall moor the a manner as to such mooring place, or any obstruction to the safe and convenient access to such boat or vessel, or to the safe and convenient embarkation or disembarkation of persons therein or therefrom, or to the safe and convenient mooring or unmooring thereof, or to the safe and convenient departure thereof from such mooring place. Regulation of mooring places. The mooring places for the several classes of pleasure boats or vessels being fixed by clause 5, the next three clauses provide for the regulation of such mooring places, so as to prevent any undue interference by boatmen with each other in the use and occupation of the mooring places. Fares. In case of exclusive hiring of pleasure boats. For fixing rates of hire of pleasure boats and. vessels. 9. Every proprietor or boatman or other person in charge of a pleasure boat or vessel which may be hired by any person for the sole and exclusive use of any persons whom the hirer may require or allow to be carried in such boat or vessel, shall be entitled to demand and take as a fare for the hire of such boat or vessel a sum not exceeding in any case the rate herein-after fixed: BATES OF HIEE. 421 For an open pleasure boat or vessel propelled only by oars ?P en rowing a ,. , a- boats - and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. If the duration of the hiring does not exceed one hour For the whole time If the duration of the hiring exceeds one hour For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For an open pleasure boat or vessel propelled by a sail or Other open i 1-1 -i j i -t , boats. sails, or by a sail or sails and by oars, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge, and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. If the duration of the hiring does not exceed one hour For the whole time - If the duration of the hiring exceeds one hour For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For an open pleasure boat or vessel propelled by steam, or by steam and a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge, and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. If the duration of the hiring does not exceed one hour For the whole time 422 SERIES XII. PLEASURE BOATS AND VESSELS. 8. d. If the duration of the hiring exceeds one hour For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For an open pleasure boat or vessel propelled otherwise than by oars, sails, or steam, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge, and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. If the duration of the hiring does not exceed one hour For the whole time - If the duration of the hiring exceeds one hour For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed Decked For a decked pleasure boat or vessel propelled by a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge, and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. If the duration of the hiring does not exceed one hour For the whole time - If the duration of the hiring exceeds one hour For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For a decked pleasure boat or vessel propelled by sceam, or by steam and a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge, and of every boatman or other person RATES OF HIEE. 423 employed in the navigation and management of such boat or vessel : s. d. If the duration of the hiring does not exceed one hour For the whole time - If the duration of the hiring exceeds one hour For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed Fares for exclusive hiring of boats. The model clause fixes the " rates of hire " (by time only) of the following classes of boats and vessels, viz. : (1.) Open boats : (a) rowing boats ; (6) sailing boats (with or without oars as an auxiliary means of propulsion) ; (c) steam boats (with or without auxiliary sails) ; (d) other boats. (2.) Decked boats : (a) sailing boats ; (6) steam boats (with or without sails as an auxiliary means of propulsion). In each case the fare includes the services of such number of boatmen as may be required to navigate and manage the craft. It is probable that, in many cases, a shorter clause might conveniently be substituted for the model byelaw, which is necessarily framed so as to be applicable to the circumstances of any class of boats. Non-payment of fares. In the case of " passenger steamers," as defined by s. 267 of the Merchant Shipping Act, 1894, any person who travels or attempts to travel without first paying his fare, and with intent to avoid payment thereof, or who otherwise endeavours to evade payment of any fare lawfully due from him, is liable to a fine of forty shillings, in addition to the amount of the fare payable. 10. Every proprietor or boatman or other person in charge of where a pleasure boat or vessel which may ply and be used to carry fo* 6 ^*^ persons for hire at separate fares, shall be entitled to demand carry persons and take as a fare in respect of each of such persons a sum not exceeding in any case the rate herein-after fixed. 424 SERIES XII. PLEASURE BOATS AND VESSELS. Fares by time. By tune. f? OJ . ever y person carried in an open pleasure boat or vessel Open rowing . c boats. propelled only by oars, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a time not exceeding one hour - For a time exceeding one hour and not exceeding two hours - For a time exceeding two hours For every 80 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of SO minutes completed )ther open p or ever y person carried in an open pleasure boat or vessel propelled by a sail or sails, or by a sail or sails and by oars, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s, d. For a time not exceeding one hour - For a time exceeding one hour and not exceeding two hours - For a time exceeding two hours For every 80 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 80 minutes completed For every person carried in an open pleasure boat or vessel propelled by steam or by steam and a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a time not exceeding one hour - For a time exceeding one hour and not exceeding two hours - RATES OF HIRE. 425 S. d. For a time exceeding two hours For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For every person carried in an open pleasure boat or vessel propelled otherwise than by oars, sails, or steam, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a time not exceeding one hour - For a time exceeding one hour and not exceeding two hours - .... For a time exceeding two hours For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For every person carried in a decked pleasure boat or vessel Decked propelled by a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a time not exceeding one hour - For a time exceeding one hour and not exceeding two hours - For a time exceeding two hours For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed For every person carried in a decked pleasure boat or vessel propelled by steam, or by steam and a sail or sails, and carrying 426 SERIES XII. PLEASURE BOATS AND VESSELS. at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a time not exceeding one hour - For a time exceeding one hour and not exceeding two hours - For a time exceeding two hours For every 30 minutes of the whole time - For any period of less than 30 minutes which is over and above any number of periods of 30 minutes completed Fares by distance. By distance. For every person carried in an open pleasure boat or vessel boat" rowmg propelled only by oars, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a distance not exceeding miles from the place of embarkation to the place of disembarka- tion - For a distance exceeding miles and not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles from the place of embarkation to the place of disembarka- tion For every half mile of the whole distance For any distance of less than half a mile which is over and above any number of half miles completed - Other open For every person carried in an open pleasure boat or vessel boats. propelled by a sail or sails, or by a sail or sails and by oars, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of EATES OF HIKE. 427 every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a distance not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles and not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles from the place of embarkation to the place of disembarkation For every half mile of the whole distance For any distance of less than half a mile which is over and above any number of half miles completed - For every person carried in an open pleasure boat or vessel propelled by steam, or by steam and a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a distance not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles and not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles from the place of embarkation to the place of disembarkation For every half mile of the whole distance For any distance of less than half a mile which is over and above any number of half miles completed - For every person carried in an open pleasure boat or vessel propelled otherwise than by oars, sails, or steam, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a distance not exceeding miles from the place of embarkation to the place of disembarkation 428 SEEIES XII. PLEASUEE BOATS AND VESSELS. S. d. For a distance exceeding miles and not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles from the place of embarkation to the place of disembarkation For every half mile of the whole distance For any distance of less than half a mile which is over and above any number of half miles completed - Decked boats. For every person carried in a decked pleasure boat or vessel propelled by a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a distance not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles and not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles from the place of embarkation to the place of disembarkation For every half mile of the whole distance For any distance of less than half a mile which is over and above any number of half miles completed - For every person carried in a decked pleasure boat or vessel propelled by steam, or by steam and a sail or sails, and carrying at any one time a number not exceeding persons, inclusive of every boatman or other person in charge and of every boatman or other person employed in the navigation and management of such boat or vessel : s. d. For a distance not exceeding miles from the place of embarkation to the place of disembarkation For a distance exceeding miles and not exceeding miles from the place of embarkation to the place of disembarkation BATES OF HIRE. 429 S. d. For a distance exceeding miles from the place of embarkation to the place of disembarkation For every half mile of the whole distance For any distance of less than half a mile which is over and above any number of half miles completed ------- Fares where vessels ply for hire for separate fares. As regards the classification of boats, clause 10 follows the same order as the preceding clause. The list of fares, however, includes fares by distance, as well as fares by time. A shorter clause may be substituted, if the circumstances of the traffic admit of it. For fixing the qualification of the boatmen or other persons in charge of pleasure boats and vessels. 11. A boatman or another person who is not duly licensed Unlicensed by the Council to take charge of a pleasure boat or vessel shall not, for hire, take charge of a pleasure boat or vessel at any time when such boat or vessel may ply or be used for hire. General qualification of boatmen. The effect of this clause is to supplement the provisions of s. 172 of the Public Health Act, 1875, with respect to licensing, in the very important respect that it renders it obligatory upon every person who may take charge of a pleasure boat or vessel for hire to possess a licence from the district council. The clause will apply to the proprietor, if he acts as boatman, whether he be licensed in his capacity of proprietor or not. Section 92 of the Merchant Shipping Act, 1894, requires that a British " home trade passenger ship," when going to sea from any place in the United Kingdom, shall, except in the case of a seagoing ship being a pleasure yacht (s. 262), be provided with a certificated master, and if a steamship, also with at least one certificated engineer. The Local Government Board recommend that no licence which would entitle the holder to take the responsible charge of a steamer should be granted by the district council unless the applicant possess an engineer's certificate. 12. A boatman or another person who may have been licensed Licensed by the Council to take charge of a pleasure boat or vessel boatmen - propelled only by oars, or propelled otherwise than by oars, sails, or steam, shall not, for hire, at any time when a pleasure boat or vessel propelled by a sail or sails, or by a sail or sails and by oars, or propelled by steam, or by steam and a sail or sails, may be used to carry any person or persons for hire, take charge of such boat or vessel, or act otherwise than as an assistant to and under the direction and control of the boatman 430 SERIES XII. PLEASURE BOATS AND VESSELS. or boatmen or other person or persons who may have been duly licensed by the Council to take charge of such boat or vessel. Special qualification conferred by licence in case of boatmen. In the official memorandum prefixed to the model series, it is suggested that the class of boat or vessel for which a person may be regarded as a qualified boatman should be specified in the licence to act as boatman (if any) granted to him by the district council under s. 172 of the Public Health Act, 1875 ; and that in the case of sailing boats or vessels, the licence should clearly indicate that the qualification of the person licensed entitles him to the responsible charge, or that he is only authorised to act as an assistant to the boatman in charge. As regards steamers, the Local Government Board further point out that no licence which would entitle the holder to take the responsible charge should be granted unless the applicant possess the engineer's certificate of the Board of Trade. The present clause prevents a person taking the responsible charge of a sailing boat (with or without oars as an auxiliary means of propulsion), or of a steam boat (with or without auxiliary sails), if his licence to take responsible charge only applies to a rowing boat, or to a boat not propelled by oars, sails or steam. The byelaw does not prevent such a person acting as an assistant to the boatman in charge. The intention of the clause is obvious. For securing the good and orderly conduct of the boatmen or other persons in charge of pleasure boats and vessels. Boatmen to 13. Every boatman or other person in charge of a pleasure boat or vessel shall, at all times while in charge thereof, conduct himself in an orderly manner and with civility and propriety towards every person seeking to hire or hiring or being carried for hire in such boat or vessel. As to the good and orderly conduct of boatmen. As in other cases (e.g., in the series relating to hackney carriages), the Local Government Board appear to construe the expression "good conduct," as used in s. 172 of the Public Health Act, 1875, in a somewhat extended sense. It will be seen that under the heading, "For securing the good and orderly conduct of boatmen," etc., they suggest clauses prohibiting the carrying for hire of drunken persons, the carrying for hire in tempestuous weather of any person except for purposes of rescue, the use of ill-found or undermanned boats, etc. Provisions affecting or tending to secure the good conduct of masters of British ships will be found in Part II. of the Merchant Shipping Act, 1894. Section 220 of this Act declares that if any such " master " (that is, any person, except a pilot, having command or charge of any British ship), by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship ; or refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board the ship from immediate danger to life or limb, he shall be guilty of a misdemeanor. CONDUCT OP BOATMEN AND OTHERS. 431 14. A boatman or another person in charge of a pleasure Touting. boat or vessel shall not, at any time while in charge thereof, by calling out or otherwise to the annoyance of any person, importune such person to hire or be carried for hire in such boat or vessel. Prohibition of touting. An offence against this byelaw will only be committed where the importunity of the boatman occasions " annoyance " to the person importuned. Without this qualification, the byelaw might be deemed unreasonable. 15. A boatman or another person in charge of a pleasure Drunken or boat or vessel shall not at any time suffer any drunken or ^.so^not to disorderly person to embark therein for the purpose of being be allowed to carried for hire on a pleasure excursion. Drunkenness and disorderly conduct. This byelaw does not render a drunken or disorderly boatman liable to a penalty ; but if a boatman be drunken or disorderly while in the pursuit of his calling, the district council should be enabled, by the terms of the licence issued by them, to revoke his licence. (See last paragraph of official memorandum, p. 412.) Power to refuse to receive on board of, or, if necessary, to put on shore from, a " home trade passenger steamer," persons who by reason of drunkenness or otherwise are in such a state, or misconduct themselves in such a manner, as to cause annoyance or injury to passengers on board, is conferred on the masters of such steamers by s. 288 of the Merchant Shipping Act, 1894. 16. A boatman or another person in charge of a pleasure Bad weather boat or vessel shall not, except for the purpose of rescuing any person from a position of actual or threatened peril, suffer any person or persons to embark therein for the purpose of being carried for hire at any time when, by reason of the state of the weather, the navigation and management of the boat or vessel, or the embarkation or disembarkation of such person or persons may be attended with danger. Danger signal." It would greatly conduce to the safety of the pleasure- seeking public if all local authorities were to adopt a danger signal, on the exhibition of which pleasure boats should be prohibited from plying for hire. This is already done at certain seaside places, and is found to work satisfactorily." (Report of Captain Wilson to Board of Trade, ante, p. 417.) 17. A boatman or another person in charge of a pleasure Boats to be boat or vessel shall not suffer any person or persons to embark ' therein for the purpose of being carried for hire, unless the boat furnished. or vessel is in every part thoroughly sound and in complete repair, and is properly furnished with all gear, tackle, machinery, apparatus, or appliances, and other requisites for 432 SERIES XII. PLEASURE BOATS AND VESSELS. the safe navigation and management thereof, and in the case of a sailing boat or vessel is furnished with a sufficient number of life buoys, but in no case less than two. Saving for Provided that nothing in this byelaw shall be deemed to Merchant 81 " exempt any person from compliance with any requirement Shipping Act, o f the Merchant Shipping Act, 1894, or any rule, made under or continued in force by that Act, with respect to life-saving appliances. Seaworthiness, etc., of boats. In the absence of any power to enforce the provisions with regard to the licensing of pleasure boats, clause No. 17 will be found to give the district council all the power which can legally be exercised by them with a view to securing that such boats are well-found and seaworthy. In effect it prohibits the use of any boat which is not thoroughly sound and fully equipped with all proper gear and tackle ; but it is open to the objection that, except in the case of boatmen owning their own boats, the wrong person, namely, the boatman instead of the proprietor, is struck at. This, however, is unavoidable, having regard to the terms of s. 172 of the Public Health Act, 1875. Under s, 457 of the Merchant Shipping Act, 1894, the sending of an unseaworthy British ship to sea is a misdemeanor. Life-saving apparatus. The provision of life-saving appliances in the case of British ships of certain classes forms the subject of rules made by the Board of Trade under the Merchant Shipping (Life-Saving Appliances) Act, 1888, and continued in force by the Merchant Shipping Act, 1894. (See s. 745 (1) (a) of the Act of 1894.) Crew to be 18. A boatman or another person in charge of a pleasure adequate. boat or vessel shall not suffer any person or persons to embark therein for the purpose of being carried for hire, unless there shall be employed in the navigation and management of the boat or vessel such number of competent persons as, con- sistently with the due observance of such precautions as may be rendered necessary by the size, build, or mode of propulsion of the boat or vessel, the number of persons to be carried therein, the state of the weather, wind, or water, the limits, whether of time or distance, within or beyond which the boat or vessel may be intended to be used, or any other circumstance or condition in relation to the intended use of the boat or vessel, may be requisite for the safe navigation and management thereof. Number of crew. In pursuance of the policy of casting on the boatman the responsibility for due precautions being taken for the safety of his boat and passengers, the model byelaws make it a matter of " good conduct " on his part to secure that the boat is furnished with a sufficient crew. It is recognised that a greater or less number of persons will be required to navigate CONDUCT OF BOATMEN. 433 and manage the same boat, according to the state of the weather, the number of persons to be carried, and so on ; and that the boatman for the time being in charge is the person to decide what amount of assistance he will find necessary under any given circumstances. The following " Suggestions " of Captain Wilson, in his Report to the Board of Trade (ante p. 417), may, however, be appended : " Sailing boats under thirty-four feet should have a crew of not less than two men and over thirty-four feet not less than three men. " These rules are not applicable to very small or very light boats suitable for one or two people." 19. A boatman or another person in charge of a pleasure Number and boat or vessel shall not, at any time while in charge thereof, De'covered 10 wilfully or negligently cause or suffer any number or name up. which, in pursuance of any byelaw in force with respect to pleasure boats and vessels, may be painted or marked on the boat or vessel to be in any manner or by any means altered, effaced, covered, or concealed. Number and name of pleasure boat. In connection with this clause, see clause* Xos. 2 and 3 of the present series. 20. Every boatman or other person in charge of a pleasure Boatmen to exercise skill boat or vessel shall, at all times while the boat or vessel may au j care . be used to carry any person or persons for hire, exercise proper skill and care in the navigation and management thereof, and take all such precautions as may be necessary to prevent danger or discomfort to such person or persons. 21. A boatman or another person in charge of a pleasure incompetent * . persons not boat or vessel shall not cause or suffer any incompetent person to i>e in to take charge of the boat or vessel, or to assist in the navigation {^'*> e or management thereof, at any time when the boat or vessel may be used to carry any person for hire. Competency of boatmen in charge. Though it is of the first importance for securing the safety and comfort of passengers that none but competent nu-ii should take charge of pleasure boats and vessels when used for hire, the two clauses above require no comment. Penalties. 22. Every person who shall offend against any of the foregoing byelaws shall be liable for every such offence to a penalty of , and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the Council : Provided nevertheless, that the justices or court before whom u. 2 F 434 SERIES XII. PLEASURE BOATS AND VESSELS. any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalty. Any sums not exceeding "five pounds" and "forty shillings " respectively may be inserted. The second paragraph of the clause should be retained in order to comply with the requirements of s. 183 of the Public Health Act, 1875. Recovery of penalties. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and note thereon in Lumley's Public Health, 5th ed., p. 333. Saving for rights of Crown. Saving. 23. Nothing in or done under any of the provisions of the foregoing byelaws shall, in any respect, prejudice or injuriously affect the rights and interests of the Crown in the foreshore below high-water mark. Eights in the foreshore. In connection with this clause, see note (p. 307) on clause No. 16 of the model series as to public bathing. Where the foreshore between the lines of high and low- water mark is vested in the Duchy of Cornwall, the clause (together with the heading thereto) should be altered accordingly. Repeal of Byelaws. Repeal. 24, From and after the date of the confirmation of these byelaws, the byelaws relating to pleasure boats and vessels which were made on the day of in the year one thousand eight hundred and by the , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's principal Secretaries of State] [the Local Government Board] shall be repealed. Repeal of byelaws. The above clause should be completed and added to the series, if required. If there are no byelaws as to pleasure boats in force this should be expressly stated. SERIES XIII. HOUSES LET IN LODGINGS OR 2 F 2 ( 437 } HOUSES LET IN LODGINGS OR OCCUPIED BY MEMBERS OF MORE THAN ONE FAMILY. MEMORANDUM. BY section 90 of the Public Health Act, 1875 (38 & 39 Viet. 38 _& 39 Viet. c. 55), it is enacted as follows : " The Local Government Board may, if they think fit, by notice published in the London Gazette, declare the following enactment to be in force within the district or any part of the district of any Local Authority, and from and after the publication of such notice such Authority shall be empowered to make byelaws for the following matters ; (that is to say,) " (1.) For fixing and from time to time varying the number of persons who may occupy a house or part of a house which is let in lodgings or occupied by members of more than one family, and for the separation of the sexes in a house so let or occupied : " (2.) For the registration of houses so let or occupied : " (3.) For the inspection of such houses : " (4.) For enforcing drainage and the provision of privy accommodation for such houses, and for promoting cleanliness and ventilation in such houses : " (5.) For the cleansing and lime- washing at stated times of the premises, and for the paving of the courts and courtyards thereof : " (6.) For the giving of notices and the taking of precautions in case of any infectious disease. " This section shall not apply to common lodging-houses within the provisions of this Act relating to common lodging- houses." Section 8 of the Housing of the Working Classes Act, 1885 (48 & 49 Viet. c. 72), empowers the council of any borough or 438 SERIES XIII. HOUSES LET IN LODGINGS, ETC. Application of byelaws. Exemption clause. Variation of number of occupants. of any urban or rural district to make byelaws as to the matters specified in the above section, without any declaration such as is mentioned therein. In the absence of any express limitation of their scope, byelaws such as are authorised by the above-cited enactment would apply to every house or part of a house which, not being a common lodging-house, is let in lodgings or occupied by members of more than one family. But in many districts where the enactment is in force there are to be found houses which, though let in lodgings or occupied by members of more than one family, are of such a character as to render it inexpedient, if not absolutely unnecessary, to bring them within the range of byelaws having for their primary object the regulation of premises where neglect of sanitary require- ments might otherwise ensue. The Board have, therefore, thought it desirable to suggest in the model series of byelaws a clause providing for the exemption of lodging-houses as to which it may reasonably inferred that such supervision as elsewhere a Local Authority alone can efficiently exercise, will, in fact, be exercised by the lodgers themselves. In illustration of the view which has induced them to propose this exemption, the Board may refer to the observations of the judges of the Common Pleas Division who decided the case of Langdon, Appellant v. Broadbent, Eespondent (42 J. P. 56). The exemption clause, it will be seen, consists of two sections, of which section (a) relates to unfurnished, and section (6) to furnished lodgings. The clause confers exemp- tion if the rent of each lodger exceeds a certain minimum. It will, of course, rest with the Local Authority when framing byelaws upon the basis of the model series to determine what limits of rent the circumstances of their district may render it desirable to prescribe. It will be observed that the Local Authority are empowered to make byelaws for fixing and "from time to time varying" the number of occupants of the houses to which the provisions of section 90 of the 38 & 39 Viet. c. 55 apply. The Local Authority may also make byelaws ""for the separation of the sexes " in such houses. In the model clauses the Board have deemed it inexpedient to provide for a variation of the number of occupants. The Board have thought it preferable to suggest a few simple rules whereby the number of occupants of rooms used for sleeping MEMORANDUM. 439 may be determined with reference to a minimum allowance of free air-space for each occupant. They have assumed that Procedure before registration or at some other convenient opportunity, registration the Surveyor or Inspector of Nuisances will be instructed by f lodging- the Local Authority to ascertain the dimensions of the several rooms in each house, and that when the maximum number of inmates has been fixed by the application of the rules embodied in the model clauses, the Local Authority will supply the landlord and lodgers with tickets or placards which may be affixed to the walls or doors or in some other suitable position, and which will show precisely how many inmates may be received in each sleeping apartment. If in any case a Local Authority who may have adopted the model byelaws for fixing the number of occupants should afterwards find that it is practicable to enforce an increased allowance of free air-space, the Board will gladly facilitate the confirmation of new byelaws for that purpose. The omission from the model clauses of provisions for the Separation of separation of the sexes is due to the doubt which the Board the sexes> have entertained as to how far this desirable object can be practically attained in view of the ordinary conditions of life in lodgings of the poorer class. Where, however, the Local Authority are satisfied that a rule on this subject may be enforced without hardship, as, for instance, in cases where it is found that individual holdings in the lodging-houses of a district generally comprise two or more rooms, the Board will readily co-operate with the Authority in framing a byelaw to provide for the separation of the sexes. In explanation of the model clause with respect to registra- Registration tion, the Board have to point out that, while in the case of f 1 Standards of air space. The standards of air space suggested in the above clauses, viz. For rooms used only at night For each person over ten years of age ... 390 cubic feet For each person under ten years of age ... 150 For rooms not used exclusively at night For each person over ten years of age ... 400 For each person under ten years of age ... 200 should not be reduced. From the remarks contained in the memorandum of the Local Government Board (p. 439), it would seem that the Board would "gladly " see even higher standards adopted. Variation of number of occupants of lodging-houses. The observa- tions of the Local Government Board, as regards the making of byelaws for " from time to time varying " the number of occupants of lodging-houses, will be found in the memorandum prefixed to this series (pp. 438, 439). Separation of the sexes. The general reasons influencing the Local Government Board in omitting from the model series a clause on this subject, are given in their memorandum (p. 439). They express their willingness to co-operate with a district council in framing byelaws on the subject, if the council are satisfied that such byelaws can be enforced without hardship. If the district council should be desirous of dealing with the matter in the byelaws, the following clause might be considered by them. It is based on one confirmed by the Local Government Board under the corresponding enactment in the Public Health (London) Act, 1891 (see 54 & 55 Viet. c. 76, s. 94). The object of the clause is rather the. preservation of decency than the prevention of immorality. It will be observed that the clause casts the responsibility for compliance with its provisions upon the " lodger." It would seem to be impracticable to make the landlord responsible in all cases for the sleeping -arrangements of his lodgers. A lodger in a lodging-house shall not suffer any person above Separation of the age of twelve years to occupy as a sleeping apartment any tlie 8cxes - room let to such lodger, if the room is occupied by more than one person above that age and of the opposite sex. 7. The landlord of a lodging-house, within a period of Particulars to after he shall have been required by a notice in writing, signed by landlord, by the Clerk to the Council, and duly served upon or delivered to such landlord, to supply the information necessary for the registration of such house by the Council, shall, or by his agent duly authorised in that behalf, himself sign and furnish to the Council a true statement of the following particulars with respect to such house ; that is to say, (a.) The total number of rooms in the house : (b.) The total number of rooms let in lodgings or occupied by members of more than one family : B. 2 G 450 SEEIES XIII. HOUSES LET IN LODGINGS, ETC. (c.) The manner of use of each room : (d.) The number, age, and sex of the occupants of each room used for sleeping : (e.) The Christian name and surname of the lessee of each room ; and (/.) The amount of rent or charge payable by each lessee. Registration of lodging-houses. Clause 7 of the model series enables the district council to demand such particulars relating to any lodging-house to which the byelaws apply, as will facilitate the keeping of a register. The time allowed for furnishing the statement should not be too short. " Seven days " may be suggested. The Local Government BoaM- suggest in the memorandum issued with this series, that, before registration, the dimensions of the several rooms in each house should be ascertained j and the maximum number of inmates fixed in accordance with the rules embodied in clauses 3 6, and that the district council should then supply the landlord and lodgers with tickets or placards, to be affixed .to the walls or doors, showing the number fixed for each sleeping apartment (see p. 439). In connection with this clause, see the decision in Roots v. Beaumont (1886), 50 J. P. 244 n. ; 51 J. P. 197, referred to at p. 446, ante. Inspection of g. In every case where the landlord of a lodging-house premises. . ' . . occupies or resides in any part of the premises, or retains a general possession or control of the premises, such landlord shall, at all times when required by the Medical Officer of Health, the Inspector of Nuisances, or the Surveyor of the Council, afford any such officer free access to the interior of the premises for the purpose of inspection. 9. In every case where the landlord of a lodging-house does not occupy or reside in any part of the premises or retain a general possession or control of the premises, every lodger who is entitled to have or to exercise the control of the outer door of the premises shall, at all times when required by the Medical Officer of Health, the Inspector of Nuisances, or the Surveyor of the Council, afford any such officer free access to the interior of the premises for the purpose of inspection. 10. Every lodger in a lodging-house shall, at all times when required by the Medical Officer of Health, the Inspector of Nuisances, or the Surveyor of the Council, afford any such officer free access for the purpose of inspection to the interior of any room or rooms which may have been let to such lodger. Inspection of premises. The above three clauses are framed under paragraph (3) of s. 90 of the Public Health Act, 1875. The first two clauses provide for the admission of any of the officers mentioned to the lodging-house, and the last for their admission into the rooms reserved to the several lodgers. OBSTRUCTION : PRIVY ACCOMMODATION. 451 It will be observed that the officers named are respectively to have access to the house, and to the several rooms therein which are let to lodgers, " at all times " on demand. This applies to the night as well as to the daytime, and no doubt confers powers of very great value in connection with the detection of overcrowding. So far, however, as inspection during the night is concerned, the powers in question are not such as should be resorted to otherwise than sparingly, and after full consideration of the necessity for such action. It must be remembered that inspection at any hour during the twenty-four is expressly authorised, in the case of a common lodging-house, by the enactment in s. 85 of the Public Health Act, 1875 ; but as regards houses to which s. 90 of the Act applies, the power to authorise inspection during the night is a matter of inference only, depending on the fact that there is no limitation as to time in paragraph (3) of the section. 11. In every case where the Medical Officer of Health, the Obstruction Inspector of Nuisances, or the Surveyor of the Council has, of officers - for the purpose of inspection, obtained access to the interior of a lodging-house or to the interior of any room or rooms in such house, a person shall not wilfully obstruct any such officer in the inspection of any part of the premises, or, without reason- able excuse, neglect or refuse, when required by any such officer, to render him such assistance as may be reasonably necessary for the purpose of such inspection. Obstruction of officers. This clause is guardedly drawn so as to secure that when an officer of the district council has obtained admission to a lodging house for the purpose of inspection, he shall not only not be obstructed, but receive all reasonable assistance in the performance of his duties. 12. The landlord of a lodging-house shall provide privy Privy accom- accommodation for such house by means of a watercloset or me * ne structure of every watercloset belonging to such house to kept in good be maintained at all times in good order, and every part of the apparatus of such watercloset, and every drain or means FOE PEOMOTING CLEANLINESS. 459 of drainage with which such watercloset may communicate to be maintained at all times in good order and efficient action. 19. The landlord of a lodging-house shall cause every part of Earthclosets the structure of every earthcloset or privy belonging to such bTkeptlr house, and every receptacle for filth provided or used in or in good order, connection with such earthcloset or privy to be maintained at all times in good order. He shall cause all such means or apparatus as may be provided or used, in or in connection with such earthcloset or privy and such receptacle, for the frequent and effectual application of dry earth or of any other deodorising substance to any filth deposited in such receptacle to be maintained at all times in good order. Responsibility of landlord for structural details. It will at once be admitted that the maintenance of a lodging-house in good condition as respects structural details, is a matter in regard to which the onus should fall upon the landlord rather than upon the lodgers. Accordingly he is required by clauses 18 and 19 to keep in good order the waterclosets and drains, or, if the house is not provided with waterclosets, the earthclosets or privies connected with the house. The landlord, as denned by the byelaws, may be empowered to call upon a superior landlord to keep the house in repair ; but this will not affect the responsibility under the byelaws of the landlord as so defined (see note, p. 446). 20. In every case where a lodger in a lodging-house is Cleansing of entitled to the exclusive use of any watercloset, earthcloset, ^rthdoTcts 8 ' or privy belonging to such house, such lodger shall cause the and privies, pan, seat, floor, and walls of such watercloset, and the seat, floor, and walls of such earthcloset or privy to be thoroughly cleansed from time to time as often as may be necessary for the purpose of keeping such pan, seat, floor, and walls in a clean and wholesome condition. 21. In every case where two or more lodgers in a lodging- house are entitled to the use in common of any watercloset, earthcloset, or privy belonging to such house, the landlord shall cause the pan, seat, floor, and walls of such watercloset, and the seat, floor, and walls of such earthcloset, or privy to be thoroughly cleansed from time to time as often as may be necessary for the purpose of keeping such pan, seat, floor, and walls in a clean and wholesome condition. Cleansing of sanitary conveniences. The principle noticed as deter- mining the responsibility for cleanliness in connection with clauses 16 and 17, with dry ' etc- 460 SEEIES XIII. HOUSES LET IN LODGINGS, ETC. is further exemplified in, connection with the cleansing of the watercloset or other privy accommodation provided for the house. If a closet is entirely under the control of one lodger, he must provide for the cleansing ; but if not, then the landlord is made responsible. Earthclosets 22. In e very case where a lodger in a lodging-house is entitled to the exclusive use of any earthcloset or privy belonging to such house, such lodger shall cause every receptacle for filth provided or used in or in connection with such earthcloset or privy to be maintained at all times in a wholesome condition. He shall cause a sufficient supply of dry earth or of some other deodorising substance to be from time to time provided for use in such earthcloset, privy, or receptacle for filth, and shall cause such dry earth or other deodorising substance to be frequently and effectually applied to such filth, or he shall cause such dry earth or other deodorising substance as may from time to time be supplied to such house, in pursuance of the statutory provision in that behalf, by the Council or by any person with whom they may contract for the purpose, to be frequently and effectually applied to such filth. 23. In every case where two or more lodgers in a lodging- house are entitled to the use in common of any earthcloset or privy belonging to such house, the landlord shall cause every receptacle for filth provided or used in or in connection with such earthcloset or privy to be maintained at all times in a wholesome condition. He shall cause a sufficient supply of dry earth or of some other deodorising substance to be from time to time provided for use in such earthcloset, privy, or receptacle for filth, and shall cause such dry earth or other deodorising substance to be frequently and effectually applied to such filth, or he shall cause such dry earth or other deodorising substance as may from time to time be supplied to such house, in pursuance of the statutory provision in that behalf, by the Council or by any person with whom they may contract for the purpose, to be frequently and effectually applied to such filth. Sanitary condition of earthclosets, etc. Here, again, where exclusive use may be said to entail special responsibility, the lodger is the person whom the byelaws make subject to penalties for non-compliance with their pro- visions. In all other cases the liability rests with the landlord. The statutory provision referred to in the latter part of each byelaw will be found in the third paragraph of s. 37 of the Public Health Act, 1875. FOE PEOMOTING CLEANLINESS. 461 24. The landlord of a lodging-house shall cause every part Ashpits to be of the structure of every ashpit belonging to such house to be ^^ r ln good maintained at all times in good order. 25. In every case where a lodger in a lodging-house is entitled to the exclusive use of any ashpit belonging to such house, such lodger shall cause such ashpit to be kept at all times in a wholesome condition. 26. In every case where two or more lodgers in a lodging- house are entitled to the use in common of any ashpit belonging to such house, the landlord shall cause such ashpit to be kept at all times in a wholesome condition. Structural and sanitary condition of ashpits. The incidence of liability here is the same as in regard to the structural and sanitary condition of water- closets, etc. The landlord must keep the structure in good order, and the question whether he, or some one of the lodgers, is to be responsible for keeping the convenience in a wholesome condition, depends on the further question whether any of the lodgers can claim the right to the exclusive use of the ashpit. If he can, he, and not the landlord, will be responsible. 27. A lodger in a lodging-house, or an occupant of any room Wet refuse therein, shall not throw any filth or wet refuse into any ashpit n fc to b ? belonging to such house and constructed and adapted for use ashpit, only as a receptacle for ashes, dust, and diy refuse. Wet refuse not to be thrown into ashpits. The object of the clause is the same as that of the latter part of clause 14 in the model series with respect to common lodging-houses ; but in the present case the lodger is substituted for " the keeper " as the person responsible. 28. Every lodger in a lodging-house shall cause the floor of Cleansing of every room which has been let to him to be thoroughly swept floors< once at least in every day, and to be thoroughly washed once at least in every week. 29. Every lodger in a lodging-house shall cause every cleansing of window, every fixture or fitting of wood, stone, or metal, and every painted surface in every room which has been let to him to be thoroughly cleansed from time to time as often as may be requisite. Cleansing of floors, windows, etc. These clauses correspond to NOB. 6 and 7 of the series as to common lodging-houses. 462 SERIES XIII. HOUSES LET IN LODGINGS, ETC. Filth, etc. to be removed from rooms. 30. Every lodger in a lodging-house shall cause all solid or liquid filth or refuse to be removed once at least in every clay from every room which has been let to him, and shall once at least in every day cause every vessel, utensil, or other receptacle for such filth or refuse to be thoroughly cleansed. Removal of filth and refuse. In the case of a common lodging-house, clause 10 of the Model Series III. requires " the keeper " to provide for the removal of filth and refuse from rooms ; but the circumstances of a lodging- house to which s. 90 of the Public Health Act applies, suggest that the lodger should comply with this requirement. Cleansing of stairs and passages. Keeping of animals. Cleansing of cisterns. 31. In every case where a lodger in a lodging-house is entitled to the exclusive use of any staircase, landing, or passage in such house, such lodger shall cause every part of such staircase, landing, or passage to be thoroughly cleansed from time to time as often as may be requisite. 32. In every case where two or more lodgers in a lodging- house are entitled to the use in common of any staircase, landing, or passage in such house, the landlord shall cause every part of such staircase, landing, or passage to be thoroughly cleansed from time to time as often as may be requisite. Cleansing of stairs and passages. See note on clauses 16 and 17 of the present series. 33. A lodger in a lodging-house shall not cause or suffer any animal to be kept in any room which has been let to such lodger or elsewhere upon the premises in such a manner as to render the condition of such room or premises filthy or unwholesome. Keeping of animals. This is a clause "for promoting cleanliness" in lodging-houses, and as such is authorised by paragraph (4) of s. 90 of the Public Health Act, 1875. Byelaws "for the prevention of the keeping of animals on any premises so as to be injurious to health" may be made by an urban district council, or by a rural district council if invested with the necessary powers, under the latter part of s. 44 of the Act of 1875 (see Model Series II., clauses 10, 11 and 12 (pp. 4144)), and s. 47 of the same Act prohibits the keeping of any swine in any dwelling-house, or so as to be a nuisance to any person. 34. In every case where a lodger in a lodging-house is entitled to the exclusive use of any cistern or other receptacle for the storage of water supplied to the premises, such lodger shall cause every part of the interior of such cistern or FOR PROMOTING VENTILATION. 463 receptacle to be thoroughly cleansed from time to time as often as may be requisite for the purpose of keeping the same in a clean and wholesome condition. 35. In every case where two or more lodgers in a lodging- house are entitled to the use in common of any cistern or other receptacle for the storage of water supplied to the premises, the landlord shall cause every part of the interior of such cistern or receptacle to be thoroughly cleansed from time to time as often as may be requisite for the purpose of keeping the same in a clean and wholesome condition. Cleansing of cisterns. The importance of these clauses is obvious. They deal with a matter which intimately affects the purity of the water supply, but which is frequently neglected even in ordinary houses. The propriety of including specific provisions on the subject in any series such as the present, therefore, seems scarcely open to argument, seeing that byelaws " for promoting cleanliness " are expressly authorised by the statute. In the metropolis the cleansing of cisterns forms the subject of byelaws made by sanitary authorities under s. 50 of the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76). The following is a model clause issued by the Local Government Board for the guidance of sanitary authorities making byelaws under that enactment : The occupier of any premises on which a tank, cistern, or other receptacle is used for the storing of water used or likely to be used by man for drinking or domestic purposes, or for manufacturing drink for the use of man, shall empty and cleanse the same, or cause the same to be emptied and cleansed, once at least in every six months, and at such other -times as may be necessary to keep the same in a cleanly state and free from pollution. . . . In the case of any premises the whole of which is let to lodgers, the person receiving the rent payable by the lodgers, either on his own account, or as the agent of another person, shall, for the purposes of this byelaw be deemed to be the occupier. 36. The landlord of a lodging-house shall cause all such Ventilation, means of ventilation as may be provided in or in connection with any room or passage in such house and in or in connec- tion with any watercloset, earthcloset, or privy belonging to such house to be maintained at all times in good order. Ventilation of lodging house. The present clause is practically identical with clause No. 15 of the series as to common lodging houses, which applies 464 SERIES XIII. HOUSES LET IN LODGINGS, ETC. Annual Paving of to " the keeper " of the common lodging-house. As a matter of structural detail, the maintenance of proper means of ventilation is scarcely one in respect of which the lodgers should be subject to penalties. The use of the means of ventilation, however, is another matter, and, as to this, reference may be made to clause 39. 37, The landlord of a lodging-house shall, in the first week of * ne month of in every year, cause every part of the premises to be cleansed. He shall, at the same time, except in such cases as are herein-after specified, cause every area, the interior surface of every ceiling and wall of every watercloset, earthcloset, or privy belonging to the premises, and the interior surface of every ceiling and wall of every room, staircase, and passage in the house to be thoroughly washed with hot lime-wash : Provided that the foregoing requirement with respect to the lime-washing of the internal surface of the walls of rooms, staircases, and passages shall not apply in any case where the internal surface of any such wall is painted, or where the material of or with which such surface is constructed or covered is such as to render the lime-washing thereof unsuit- able or inexpedient, and where such surface is thoroughly cleansed, and the paint or other covering is renewed, if the renewal thereof be necessary for the purpose of keeping the premises in a cleanly and wholesome condition. Annual cleansing and lime-washing of premises. There is no pro- vision for byelaws on this subject in connection with common lodging-houses the matter being dealt with in s. 82 of the Public Health Act, 1875. Section 90 of the Act, however, expressly authorises byelaws " for the cleansing and lime- washing at stated times " of such premises as come within the scope of that enactment, and the present clause has been framed to give effect to the provision. Section 82 requires common lodging-houses to be lime-washed twice a year, viz., in the first week of April and of October. In order, therefore, that the annual cleansing of houses let in lodgings may be properly supervised, and also to avoid the Easter holidays, which sometimes fall in the first week in April, it is suggested that " May " should be inserted in paragraph 1 of the byelaw. The proviso to the clause seems necessary in order to render the byelaw reasonable. 3Q The landlord of a lodging-house shall cause every court and courtyard thereof to be properly paved with a hard, durable, and impervious pavement, evenly and closely laid upon a sufficient bed of good concrete and sloped to a properly con- structed channel leading to a trapped gully grating, which shall be so constructed and placed as effectually to carry off all rain or waste water from such court or courtyard. PEECAUTIONS IN CASE OF INFECTIOUS DISEASE. 465 He shall cause such pavement, channel, and grating to be kept at all times in good order and in proper repair. Paving of courts and courtyards. This being a matter connected with the structure of the lodging-house, is dealt with by the byelaw as one in which the landlord should be responsible. He is both to see that the yard is paved, and to keep the pavement in repair. It is also his duty to provide for the cleansing of the yard if it is used in common by two or more lodgers (see clause 17). In other cases the lodger is responsible for such cleansing (clause 16). Byelaws, as to paving of yards in connection with dwelling- houses, may be made under s. 23 of the Public Health Acts Amendment Act, 1890, where that section is in force. 39. Every lodger in a lodging-house shall, except in such Windows to cases as are herein-after specified, cause every window of every ^ P ened - room which has been let to him, and which is used as a sleeping apartment, to be opened and to be kept fully open for one hour at least in the forenoon and for one hour at least in the afternoon of every day : Provided that such lodger shall not be required in pursuance of this byelaw, to cause any such window to be opened or to be kept open at any time when the state of the weather is such as to render it necessary that the window should be closed, or when any bed in any such room may be occupied by any person in consequence of sickness or of some other sufficient cause. Ventilation of rooms. Except that the lodger is substituted for "the keeper," this clause differs in no material respect from clause No. 16 of the series as to common lodging-houses. The abstract propriety of making each lodger rather than the landlord responsible for the ventilation of his own rooms, can scarcely be questioned in the case of houses " let in lodgings " ; but the probability of the requirements of the byelaw being fully complied with, must, at least, be open to doubt, where the matter is left to the lodgers. 40. The landlord of a lodging-house, immediately after he Notice in shall have been informed, or shall have ascertained that any ^fectkms person in such house is ill of an infectious disease, shall give disease, written notice thereof to the medical officer of health of the Council. 41. In every case where a lodger in a lodging-house has been informed, or has ascertained, or has reasonable grounds for believing that an occupant of any room which has been let to such lodger is ill of an infectious disease, such lodger shall forthwith give written notice thereof to the landlord and to the B. 2 II 466 SERIES XIII. HOUSES LET IN LODGINGS, ETC. Removal of patient to hospital. medical officer of health of the Council, and verbal or written notice thereof to every other lodger in such house. Notices in case of infectious disease. Clause 40 of this series follows the lines of s. 80 of the Public Health Act, 1875, which relates to common lodging-houses, in making the landlord responsible for " the giving of notices in case of any infectious disease," and in requiring that the notice shall be given to the medical officer of health. Clause 41 supplements the provision by making it the duty of the lodger in whose rooms the patient is found, as well as of the landlord of the house, to give notice to the medical officer. The lodger is likewise to give notice in writing to the landlord, and, verbally, to every other lodger in the house. This verbal notice may be described as a " precaution " against the spread of disease, as in most cases, probably, the modern sensitiveness to anything in the nature of infection will be sufficient to cause the lodgers receiving the notice to take defensive measures on their own account. But the notice to the medical officer of health (doubly provided for by the byelaw) will enable that officer, in connec- tion with the clauses as to inspection, to set in motion, and afterwards to supervise, the application of the machinery of isolation and disinfection, and, where necessary, the removal of the patient to hospital. 42. In every case where, in pursuance of the statutory provision in that behalf, an order of a justice has been obtained for the removal from a lodging-house to a hospital, or other place for the reception of the sick, of a person who is suffering from any dangerous infectious disorder and is without proper lodging or accommodation, or lodged in a room occupied by more than one family, the landlord of such house, and the lodger to whom any room whereof such person may be an occupant has been let shall, on being informed of such order, forthwith take all such steps as may be requisite on the part of such landlord and of such lodger, respectively, to secure the safe and prompt removal of such person in compliance with such order, and shall, in and about such removal, adopt all such precautions as, in accordance with any instructions which such landlord and such lodger, respectively, may receive from the medical officer of health of the Council, may be most suitable for the circumstances of the case. Removal of patient to hospital. This clause is so framed as to bring it within the scope of s. 90 (6) of the Public Health Acts, 1875. With regard to " the taking of precautions " in case of infectious disease, the enact- ment is identical in form with s. 80 (3) of the Act, which relates to common lodging-houses. The present clause, however, differs from the third paragraph of clause 18 of the common lodging-house series, in that it refers to an order of a justice for the removal of the patient to hospital, instead of to an order of the local authority for that purpose. It will be seen that the provision in s. 124 of the Act above mentioned, enabling the local authority, in the case of a person in a common lodging-house who is suffering from a dangerous infectious disorder, to take action altogether irrespective of the character of PENALTIES EEPEAL OF BYELAWS. 107 the accommodation available for him in the house, does not extend to any similar case in a house let in lodgings. Hence the compulsory removal of the patient in such a case requires an order of a justice, and such an order can only be made on its being shown, inter alia, that, if the patient remains in the house, he will not have " proper lodging or accommodation " or that he will be " lodged in a room occupied by more than one family." The byelaw requires the landlord, as well as the lodger (assuming that the latter is not himself the patient) to assist in the removal, and it may be pointed out that under the last paragraph of s. 124 of the Act, any person who wilfully dis- obeys or obstructs the execution of the order will be liable to a penalty not exceeding ten pounds. Penalties. 43, Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of five pounds, and in the case of a continuing offence to a further penalty of forty shillings for each day after written notice of the offence from the Council : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Recovery of penalties. See s. 251 of the Public Health Act, 1875, and notes thereon in Lumley's Public Health, 5th ed., p. 333. Repeal of Byelaws. 44. From and after the date of the confirmation of these Repeal, byelaws, the byelaws relating to which were made on the day of in the year one thousand eight hundred and by the , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's principal Secretaries of State] [the Local Government Board] shall be repealed. Repeal of byelaws. If there are any byelaws with respect to houses let in lodgings in force in the district, and the council are desirous of repealing such byelaws, the blanks in this clause should be filled, and the clause added to the series. J ii -J SERIES XIV. CEMETERIES. ( 471 ) CEMETERIES, MEMORANDUM. BY section 2 of the Public Health (Interments) Act, 1879 38 & 39 Viet (42 & 43 Viet. c. 31), it is enacted that the provisions of theJ Public Health Act, 1875, as to a Mortuary or place for the c. 31, s. 2. reception of the dead before interment shall extend to a Cemetery or place for the interment of the dead. The effect of this extension to a Cemetery of the powers which, under section 141 of the Public Health Act, 1875, may be exercised by a Local Authority in relation to a Mortuary is to enable the Authority to make byelaws with respect to the management and charges for use of any Cemetery which has been provided by them under the provisions of the Public Health (Interments) Act, 1879. JOHN LAMBERT, Secretary. Local Government Board, April, 1899. Local authorities competent to adopt the model byelaws. Byelaws with respect to the management and charges for the use of a cemetery may be made under s. 141 of the Public Health Act, 1875, as extended by the Public Health (Interments) -Act, 1879, by any local authority by whom a cemetery has been provided under the latter Act. The Act makes it compulsory on a local authority to provide a cemetery if they are required by the Local Government Board to do so. It is not obligatory upon them in any case to make byelaws under these enactments ; but although, as will be seen, the scope of the clauses which the Local Government Board suggest for adoption is somewhat limited, the matters dealt with in the model series are of considerable importance on sanitary grounds, and the series has been adopted by many local authorities who have made byelaws on the subject. Circumstances under which it is incumbent on the local authority to provide a cemetery. The legislature has not specified the cases in which it is incumbent upon the local authority to give effect to the provisions of the Public Health (Interments) Act ; " but, seeing that it is incorporated with the Public Health Act, there can be no doubt that wherever, in the interests of the public health, it ia necessary that a cemetery should be provided in any locality, the legislature contemplated that the local authority would exercise the important powers now conferred upon them. The 472 SERIES XIV. CEMETERIES. following may be referred to as circumstances under which it will be incumbent upon the sanitary authority to take action : " 1. Where in any burial ground which remains in use there is not proper space for burial, and no other suitable burial ground has been provided ; " 2. Where the continuance in use of any burial ground (notwithstanding there may be such space) is by reason of its situation in relation to the water supply of the locality, or by reason of any circumstances whatsoever, injurious to the public health ; " 3. Where, for the protection of the public health, it is expedient to discontinue burials in a particular town, village, or place, or within certain limits. " There are other circumstances which might render it necessary or expedient that a cemetery should be provided, such as inconvenience of access from the populous parts of the district to the existing burial ground, or the nature of the site, or the character of the subsoil ; and instances may exist where, in deference to the wishes of the inhabitants, it may be expedient to provide, in accordance with the policy of the Burial Acts, a cemetery in which persons of different creeds may be buried with their own religious rites. On all or any of the foregoing grounds the authority of the Local Government Board may be invoked, and if the application should prove well founded, a compulsory order would necessarily follow." (Circular of Local Government Board, August 19th, 1879.) Incorporation of Cemeteries Clauses Act, 1847. In order to make further provision for the due maintenance and management of a cemetery the Public Health (Interments) Act, incorporates the Cemeteries Clauses Act, 1847 (10 & 11 Viet, c 65), and the Local Government Board (Circular Letter, August 19th, 1879) thought it right to direct the attention of local authorities to the following obligations and powers imposed upon, and exerciseable by, them under the incorporated enactments. With respect to the making of the cemetery (10 & 11 Viet. c. 65, ss. 10, 11, 15, 16) : " The cemetery is not to be constructed nearer to any dwelling-house than two hundred yards, except with the consent of the owner and occupier. " The sanitary authority may build such chapels in the cemetery for the performance of burial services as they may think fit, and lay out and embellish the grounds of the cemetery. " The cemetery must be inclosed by substantial walls, or iron railings, of the height of eight feet at least. " The sanitary authority must keep the cemetery and the buildings and fences thereof in complete repair and in good order and condition." With respect to burials (10 & 11 Viet. c. 65, ss. 23, 25, 27, 35, 36) : " The sanitary authority may set apart a portion of the cemetery for burials according to the rites of the Established Church, and the bishop of the diocese may, on the application of the sanitary authority, consecrate the portion so set apart. " A chapel, to be approved by the bishop, must be built on the consecrated part for the performance of the burial service of the Established Church. " A salaried chaplain is to be appointed to officiate in the consecrated part of the cemetery, the appointment and salary to be subject to the approval of the bishop. MEMOKANDUM. 473 " The sanitary authority may set apart the whole or a portion of the unconsecrated part of the cemetery as a place of burial for persons not being members of the Established Church, and may allow in any chapel built in such unconsecrated part a burial service to be per- formed according to the rites of any church or congregation other than the Established Church." With respect to exclusive rights of burial and monumental inscriptions (10 & 11 Viet. c. 65, s. 40) : " The sanitary authority may set apart portions of the cemetery for the purpose of granting exclusive rights of burial therein, and may sell the exclusive right of burial in such portions, and the right of placing any monument or gravestones in the cemetery or any tablet or monumental inscription on the walls of any chapel or other building in the cemetery." Scope of byelaws under s. 141 of the Public Health Act, 1875, as applied to cemeteries. In framing byelaws under s. 141 of the Public Health Act, 1875, as rendered applicable to cemeteries by s. 2 of the Public Health (Interments) Act, 1879, local authorities should be advised to limit the scope of the clauses to subjects such as those dealt with in the model series. The making of such byelaws will not prevent their enforcing such fees and regulations as are either authorised by the Cemeteries Clauses Act, 1847 (see, e.g., ss. 38, 43 of that Act), or may properly be made the conditions of any grants of exclusive rights of burial ; but these matters should be regarded as beyond the scope of such byelaws as the Local Government Board are prepared to approve. The Cemeteries Clauses Act, for example, deals with the following, among other matters, which are sometimes improperly included in such series, viz. : Registration of burials and searching, etc., of registers (ss. 32, 33) ; Keeping of plan of cemetery and book of reference, and of register of grants of exclusive rights of burial (ss. 41, 43) ; Prohibition of burials in chapel or within fifteen feet of its walls (s. 39) ; Consent of owner to burial in private grave (s. 48) ; Assignment of rights of burial (ss. 44 46) ; Damage to cemetery (s. 58) ; Games, sports, discharge of firearms, disturbance of funerals, and nuisances in cemetery (s. 59). The production at the time of burial of a certificate of the registrar of deaths, or coroner, as the case may be, is another matter as to which the byelaws cannot properly provide. See ss. 17, 18 of the Births and Deaths Registration Act, 1874 (37 & 38 Viet. c. 88). Byelaws subject to all the provisions of the Public Health Act, 1875. As the Public Health (Interments) Act, 1879, is to be read as one with the Public Health Act, 1875, all the provisions of the latter Act respecting byelaws apply to byelaws as to cemeteries such as those now in question. Appointment of gravediggers, etc. In a circular issued with the model byelaws (February 16th, 1881), the Local Government Board drew attention to s. 37 of the Cemeteries Clauses Act, 1847, by which, as incorporated with the Act of 1879, the local authority are enabled to appoint gravediggers and other servants necessary for the care and use of the cemetery. The Local Govern- ment Board point out that " where a gravedigger is appointed by the local authority, they may conveniently dispense with many regulations which might otherwise require to be embodied in byelaws. It may be assumed 474 SEEIES XIV. CEMETERIES. that, as a servant of the local authority, the gravedigger will act in strict accordance with their directions as to such matters as the appointment of grave spaces, the dimensions of graves, and their separation by a sufficient thickness of undisturbed earth. These subjects may accordingly be regarded as outside the range of such byelaws as will ordinarily be needed. At the same time, it is important . . . that the local authority should give definite instructions to their servants as to the manner in which their duties are to be discharged." Sanitary requirements of cemeteries. A memorandum on the Sanitary Requirements of Cemeteries which was issued by the Local Government Board, in the month of August, 1888, " embodies the hygienic principles laid down by various English and foreign authorities as requisite to be observed in the establishment of a cemetery, to prevent it from becoming a source of nuisance and danger to the living." A copy of this memorandum will be found at p. 478. It includes in an appendix a copy of the regulations issued by the Secretary of State for the Home Department, for burial grounds provided under the Burial Acts. Byelaws under 24 & 25 Viet, c. 61, s. 21. Section 21 of the 24 & 25 Viet, c. 61, as re-enacted in Sched. V. to the Public Health Act, 1875, empowers an urban district council, constituted a burial board, from time to time to pass byelaws for the preservation and regulation of all burial grounds within their jurisdiction. No special series of model byelaws has been framed by the Local Government Board under this enactment ; but the provisions of the present series may be taken as the basis of such byelaws in any case where they may be required. Bight of burial. Burial in the parish churchyard is a common law right inherent in the parishioners, but the mode of burial is of ecclesiastical cognizance. Accordingly the court will refuse a mandamus to inter the body of a parishioner in an iron coffin (Rex v. Coleridge (1819), 2 B. & Aid. 806 ; 1 Chit. 588 ; 21 B. R. 498), or to compel a rector to bury the corpse of a parishioner in a vault, or in any particular part of a churchyard (Ex parte Blackmore (1830), 1 B. & Ad. 122). A prescription for a right of burial in a chancel claimed as belonging to a messuage, has been allowed (Warinys v. Griffiths (1758), 1 Burr. 440). A custom in a parish for the inhabitants to bury as near as possible to their ancestors is bad (Fryer v. Johnson (1755), 2 Wils. 28). Overseers are not bound either by common law or by 43 Eliz. c. 2, to bury a pauper settled in their parish, who dies in a parish, but not in any parish house (R. v. Stewart (1840), 12 A. & E. 773 ; 4 P. & D. 349). Every person dying in this country, and not within certain ecclesiastical prohibitions, is entitled to Christian burial (ibid). "It should seem that the individual under whose roof a poor person dies is bound to carry the body, decently covered, to the place of burial ; he cannot keep him unburied, nor do anything which prevents Christian burial ; he cannot therefore cast him out, so as to expose the body to violation or to offend the feelings or endanger the health of the living ; and for the same reason he cannot carry him uncovered to the grave. It will probably be found, therefore, that where a pauper dies in any parish house, poor house, or union house, that circumstance casts on the parish or union, as the case may be, to bury the body : not by virtue of the statute of Elizabeth, but on the principles of the common law" (ibid., DENMAN, C.J.). Later decisions show that the expression " Christian burial " is synonymous with decent burial. A parent is bound to provide Christian, i.e., decent, burial for the body of MEMORANDUM. 475 a deceased child, if he has the means ; but, if he has not the means, though the body remains unburied and becomes a nuisance to the neighbourhood, he is not indictable for the nuisance, notwithstanding he could have obtained money for the burial expenses by way of loan from the poor law authorities of the parish, for he is not bound to incur a debt (R. v. Vann (1851), 21 L. J. M. C. 39 ; 2 Den. C. C. 325 ; T. & M. 632 ; 15 Jur. 1090 ; 5 Cox C. C. 379). But if a person contract for the burial he is liable under the contract. Thus, an infant is liable upon a contract for her deceased husband's funeral expenses (Chappie v. Cooper (1844), 13 M. & W. 252 ; 13 L. J. Ex. 286). In that case it see ms to have been doubted whether a child or a more distant relation, being an infant, would be liable upon a contract for the burial of a parent or a relation. The husband is liable for the necessary expense of the decent burial of hi* wife from whom he has been separated, whether the party incurring such expense is an undertaker or a mere volunteer (Ambrose v. Kenison (1851), 20 L. J. C. P. 135 ; 10 C. B. 776; Jenkins v. Tucker (1788), 1 H. Bl. 90) ; or whoever the party may be who buried her (Bradshaw v. Beard (1862), 31 L. J. C. P. 273 ; 12 C. B. (N.S.) 344 ; 8 Jur. (N.S.) 1228 ; 6 L. T. 458). There is no property in a dead body (R. v. Sharpe (1857), Dea. & Bell C. C. 160 ; 26 L. J. M. C. 47 ; 3 Jur. (N.S.) 192 ; 5 W. R. 318 ; 7 Cox C. C. 214 ; Williams v. Williams (1852), 20 Ch. D. 659 ; 51 L. J. Ch. 385 ; 46 L. T. 275 ; 30 W. K. 438 ; 15 Cox C. C. 39 ; 46 J. P. 726). The executors have, however, a right to the possession of the body, and their duty is to bury it, although there is direction in the will that some other person should cause the body to be burnt (Williams v. Williams, ibid., In re Dixon, [1892] P. 386 ; 56 J. P 481). Where a gaoler refused to deliver up the body of a person, who had died while a prisoner in execution of his custody, to the executors of the deceased, unless they would satisfy certain claims made against the deceased by the gaoler, the court issued a peremptory mandamus in the first instance commanding that the body should be delivered up to the executors (R. v. Fox (1841), 2 Q. B. 247 ; 1 G. & D. 566). A dead body, although by law it belongs to no one, is under the protection of the public. " If it lies in consecrated ground the ecclesiastical law will interpose for its protection ; but whether in ground consecrated or uncon- secrated, indignities offered to human remains in improperly and indecently disinterring them are the ground of an indictment " (BvLES, J., in Foster v. Dodd (1867), L. R. 3 Q. B. 67 ; 8 B. & S. 842, 854 ; 37 L. J. Q. B. 28 ; 17 L. T. 614). It is a misdemeanor at common law to enter an unconsecrated burial ground, and without the knowledge or consent of the owners of the ground, or authority of any kind, to dig up and carry away a corpse buried therein ; although the person committing the act may have been actuated by motives of affection and respect to the deceased, and of religious duty, and have conducted the removal decently (R. v. Sharpe, supra). Special provision is made for the burial of dead human bodies cast on the shore from the sea, etc. If any person find a dead body cast on shore from the sea, he shall, within six hours, give notice thereof to one of the churchwardens (if they still act as overseers) or overseers or police constable who must communicate such information to the parish officers where the body shall be found ; he shall have a reward of five shillings to be paid him by the church- warden or overseer ; if not he shall forfeit five pounds. The expenses are repaid the overseers by the county treasurer (48 Geo. 3, c. 75, ss. 3 6 ; 49 Viet. c. 20 ; R. v. Kent Treasurer (1889), 22 Q. B. D. 603 ; 58 L. J. M. C'. 71 : 60 L. T. 426 ; 37 W. R. 619 ; 16 Cox C. C. 583 ; 53 J. P. 279). The church- warden (where he still acts as overseer) or overseer must have the body forthwith removed to some convenient place, and with all convenient speed SERIES XIV. CEMETERIES. cause it to be decently interred in the churchyard or burial ground of such parish or place, under a penalty of five pounds (48 Geo. 3, c. 75, ss. 1, 7). These provisions also apply to the case of dead human bodies found in or cast on shore from any tidal or navigable waters, and to all such bodies found floating or sunken in any such waters, and brought on to the shore or bank thereof, and notice may be given to the police constable, who must forthwith communicate it to the overseers (49 Viet. c. 20). Burial fees. No burial fee is due at common law, but it may be due by custom in any particular parish (Andrews v. Cawthorne (1745), Willes, 536). The canon law forbade the payment or taking of any fee for burial. No fee is payable where no service is done (Patten v. Castleman (1753), 1 Lee, 387), and a custom to pay a fee where no service is done is void (Naylor v. Scott (1729), 2 Ld. Raym., 1558). A vicar of a parish, being freeholder of the church and churchyard, may make a special contract for the payment of a fee, other than the customary burial fee (if any), for the burial of a non-parishioner in a particular vault in the parish church (Neville v. Bridger (1874), L. R. 9 Ex. 214 ; 43 L. J. Ex. 147 ; 30 L. T. 690 ; 22 W. R. 740). As to the right of the incumbent to fees, see, further, Spry v. Emperor (1840), 6 M. & W. 639 ; 10 L. J. Ex. 50 ; Spry v. Gallop (1847), 16 M. & W. 716 ; 16 L. J. Ex. 218 ; Edgell v. Burnaby (1853), 8 Ex. 788 ; Harris v. Lambeth Burial Board (1883), 47 J. P. 501 ; Cronshaw v. Wigan Burial 'Board (1873), L. R. 8 Q. B. 217 ; 42 L. J. Q. B. 137 ; 28 L. T. 283 ; under the Cemetery Acts, see Vaughan v. South Metropolitan Cemetery Co. (1860), U. & H. 256 ; SOL. J. Ch. 265 ; 7 Jur. (N.S.) 159 ; 3 L. T. 727 ; 9 W. R. 228 ; Bmvyer v. Stantial(l8^8), 3 Ex. D. 315 ; 38 L. T. 271 ; under the Burial Acts, see Day v. Peacock (1865), 18 C. B. (N.S.) 702 ; 34 L. J. C. P. 225 ; 11 Jur. (N.S.) 428 ; 12 L. T. 571 ; 13 W. H. 717 ; Hornby v. Toxteth Burial Board (1862), 31 Beav. 52 ; 31 L. J. Ch. 643 ; 8 Jur. (N.S.) 531 ; 6 L. T. 146 ; 10 W. R. 550. A burial board for a parish is under no obligation to give the incumbent of such parish notice of a burial that is about to take place of the body of a parishioner ; and if, in consequence of his not receiving such notice, the incumbent does not perform the service, he cannot recover from the burial board any fee that may have been paid through the burial board to some other person for performing such service, either as money received to his use or by way of damages (Wood v. Headingley-cum-Burley Burial Board, [1892] 1 Q. B. 713 ; 66 L. T. 90 ; 40 W. R, 390). But, apart from the provisions of the Burial Laws Amendment Act, 1890 (43 & 44 Viet. c. 41), a person commits an ecclesiastical offence if, not being in orders, or though in orders not being authorised in that behalf by the incumbent of the parish, he conducts a religious service at a burial in the consecrated portion of the burial ground of that parish. It is, therefore, an illegal act on the part of a burial board knowingly to permit such unqualified or unauthorised person so to act, and, semble, if there were reason for believing that the burial board would continue to permit such persons so to act, the board would be restrained by injunction (ibid.). Cremation. The first known case of cremation in this country took place in 1769 ; the next known case occurred in 1882. The opinion of the judges on the legality of destroying the dead by cremation was at first very halting and unsatisfactory. All doubt was set at rest by Sir JAMES FITZJAMES STEPHEN'S famous declaration in B. v. Price (1884), 12 Q. B. D. 247 ; 53 L. J. M. C. 51 ; 33 W. R. 45; 15 Cox C. C. 389. He there lays it down : "After full consideration I am of opinion that a person who burns instead of burying a MEMORANDUM. 477 dead body does not commit a criminal act unless he does it in such a manner as to amount to a public nuisance at common law. My reason for this is that upon the fullest examination of the authorities I have . . . been unable to discover any authority for the proposition that it is a misdemeanour to burn a dead body, and in the absence of such authority I feel I have no right to declare it to be one." It may be affirmed, therefore, that to burn a dead body instead of burying it is not a misdemeanour, unless it is so done as to amount to a public nuisance (R. v. Price, supra ; R. v. Stephenson (1884), 13 Q. B. D. 331 ; 49 J. P. 486 ; 53 L. J. M. C. 176 ; 33 W. R. 44). If an inquest is to be held upon a dead body it is a misdemeanour to dispose of the body so as to prevent the coroner from holding the inquest (R. v. Stephenson, supra). It has been held in the Consistory Court of London that the court would not be justified in granting a faculty for enabling remains to be removed after burial in consecrated ground for cremation; but where there had been a previous cremation in pursuance of directions left by the deceased, there is no legal objection to the burial of the ashes in consecrated ground, with the use of the burial service (In re Dixon, [1892] P. 386 ; 56 J. P. 481). It would appear that cremated remains cannot lawfully be interred in or under a parish church, except under the authority of a faculty from the ordinary (In re Kerr, [1894] P. 284). As to the legality of burial fees chargeable in the case of disposing of the ashes after cremation, reference may be made to Sheffield General Cemetery Co. v. Bramley (1898), 62 J. P. 361. Removal of bodies. It is a misdemeanour at common law to remove a body from any burial ground without lawful authority (R. v. Sharpe, ante, p. 475) ; it is also an offence punishable summarily (20 & 21 Viet. c. 81, s. 25). By the common law a coroner may order a body to be disinterred within a reasonable time after the death, for the purpose of taking an inquisition where none has been taken, or for a further inquisition where the first was insufficient. A Secretary of State may grant a licence for disinterment or removal (20 & 21 Viet. c. 81, s. 25). Although a consistory court may grant a faculty to remove a body from one consecrated place to another, it has no jurisdiction to order the disinterment of a body (R. v. Tristram (1899), 63 J. P. 391). Repairing and ornamenting graves. A burial board granted to R. the right and privilege of constructing a private grave in their cemetery, and the exclusive right of burial and interment therein, " to hold to her in perpetuity for the purpose of burial and of erecting or placing therein a monument or stone" ; with a proviso that if such monument or stone, with the appurtenances, should not be kept in repair, according to such regulations as should be made by the board for the management of the cemetery, the grant should be void. She constructed a grave and placed a headstone and a kerb round it, and planted the space with shrubs and flowers. It was held that it was not competent to the board, by a regulation subsequently made by them for the management of the cemetery, to deprive her of the right of planting and ornamenting the grave (Ashby v. Harris (1868), L. R. 3 C. P. 523 ; 37 L. J. M .0. 164 ; 18 L. T. 719 ; 16 W. R. 869). The grant of a right of burial and the right of erecting any monument, gravestone, tablet, or monumental inscription under the Burial Act, 1852 (15 & 16 Viet, c. 85), does not authorise the placing 478 SEEIES XIV. CEMETERIES. upon the grave of a wreath with a glass shade and wire covering to protect it (McGmtsjh v. Lancaster Burial Board (1888), 21 Q. B. D. 323 ; 57 L. J. Q. B. 568 ; 36 W. R. 822 ; 52 J. P. 740). An incumbent of a parish has no legal right to refuse to allow a tombstone to be placed on the grave of a Wesleyan minister describing him as "The Rev. H. K., Wesleyan minister" (Keet v. Smith (1875), 1 P. D. 73 ; 45 L. J. P. C. 10 ; 33 L. T. 794 ; 24 W. R. 375). An action may be maintained for taking away a tombstone from a churchyard and obliterating an inscription made upon it, by the party by whom it was erected, although the freehold of the churchyard is in the parson ; as the right to a tombstone vests in the person who erects it, or in the heirs of the deceased in whose memory it is set up (Spooner v. Brewster (1825), 10 Moore, 494 ; 3 Bing. 136 ; 2 C. & P. 34 ; 3 L. J. (o.s.) C. P. 203 ; 28 R. R. 613 ; Hitchcock v. Walter (1838), 6 D. P. C. 457). Loans for cemetrey purposes. Memorandum of the Local Government Board on the Sanitary Requirements of Cemeteries.* 42 & 43 Viet. By the Public Health (Interments) Act, 1879, the powers of c - 3L Sanitary Authorities under the Public Health Act, 1875, are extended to include the acquisition, construction, and main- tenance of a place for the interment of the dead, in the Act of 1879 called a cemetery. In cases where the Sanitary Authority propose to defray the cost of establishing a cemetery by means of a loan, the sanction of the Local Government Board becomes necessary (Public Health Act, 1875, s. 233). Among the points considered by the Board in each particular case, before granting their sanction to a loan for the purpose of a cemetery, the question as to whether the proposed site is suitable or unobjectionable from a sanitary point of view will find a place. The following memorandum has been drawn up in the medical department. It embodies the hygienic principles laid down by various English and foreign authorities as requisite to be observed in the establishment of a cemetery to prevent it from becoming a source of nuisance and danger to the living. The dangers to the public health to which places of burial may give rise are, of two kinds, viz., the contamination (1st) of air by the gaseous and volatile, and (2ndly) of drinking water by the liquid and soluble, products of decomposition. * Eyre and Spottiswoode, 1888. See also Suggestions to Burial Boards, issued by the Secretary of State, included in the Appendix to Brooke Little's Law of Burials (Shaw and Sons). SANITARY REQUIREMENTS OF CEMETERIES. 479 1. Contamination of air. This may take place in several Contamina- modes. The gases evolved from putrefying bodies may make fj-om^hccs their way to the surface through pores or fissures in the of burial, ground, or may pass into open graves dug in their neighbour- hood. Or they may diffuse themselves laterally through the ground air and be drawn up into the interior of houses. Or noxious emanations may be given off from putrid drainage water, whether baled out of graves and thrown upon the surface, or draining into open channels or watercourses. Thus nuisance and danger to health may be occasioned, not only to gravediggers and persons attending funerals, but also to the inhabitants of houses in the neighbourhood of the burial ground. To obviate these risks it is necessary that the number HOW of decomposing bodies in a given portion of ground should not bviated - at any time be so great that the gaseous products cannot be oxidised into harmless substances in the interstices of the soil, or taken up by vegetation ; that a sufficient depth of earth intervene between corpses and the surface ; and that the soil be of a suitable nature and properly drained, the drainage water being innocuously disposed of. Furthermore, since the atmospheric contamination which has to be especially guarded against is that of the air in the interior and neighbourhood of human habitations and frequented places, it is necessary that the place of burial should be in an open situation and at a sufficient distance from dwellings, in order that any effluvia arising from it may be diluted by diffusion, or dispersed by the winds, so as not to find their way in an injurious state of concentration to places where they will be liable to be inhaled. 2. Pollution of water. Foul liquids from graves may enter Pollution of and pollute a stream, or wells in the vicinity of a graveyard w may be injured by percolation from it, and in either case, if the water be used for drinking, injury_to health may be occasioned. The liability of wells to pollution obviously depends partly upon their proximity to the graveyard and partly upon the configuration and geological structure of the ground. It is necessary, therefore, in order to obviate risk from this cause, that a cemetery should have a suitable soil and be properly drained, and that it should be at a sufiicient distance from subterranean sources of water supply, and in such a position with respect to them that the percolation of foul matters from one to the other may be impossible. 480 SERIES XIV. CEMETERIES. Sanitary The sanitary requirements for a cemetery indicated under requirements . , , -, -, , .,. of cemeteries, the foregoing remarks may be summed up under four headings : I. Suitable soil, and proper elevation of site. II. A suitable position, especially with respect to houses and sources of water supply. III. Sufficient space. IV. Proper regulation and management. As to soil. I. The soil of a cemetery should be of an open porous nature, with numerous close interstices, through which air and moisture may pass in a finely divided state freely in every direction. In such a soil decay proceeds rapidly, and the products of decomposition are absorbed or oxidised. The soil should be easily worked, yet not so loose as to render the work of excavation dangerous through the liability to falls of earth. It should be free from water or hard rock to a depth of at least eight feet. If not naturally free from water, it should be drained in the best manner practicable to a depth below that to which it is intended that graves shall be dug, and it is therefore necessary that the site should be sufficiently elevated above the drainage level of the locality, either naturally, or, where necessary, by filling it up to the required level with suitable earth. Loam, and sand with a sufficient quantity of vegetable mould, are the best soils ; clay and loose stones the worst. A dense clay is laborious to work and difficult to drain ; by excluding moisture and air it retards decay, and it retains, in a concentrated state the products of decomposition, sometimes to be discharged into graves opened in the vicinity, or sometimes to escape through cracks in the ground to the surface. A loose stony soil, on the other hand, allows the passage of effluvia. Before fixing on a site the nature of the soil should be ascer- tained by sinking trial holes to a depth of at least eight feet in several parts of the ground. II. The situation of a cemetery requires consideration from several points of view, of which the most important is its position with reference to dwelling-houses and to sources of domestic water supply. While public convenience requires that the cemetery shall not be too far distant from the popula- tion for which it is intended, a due regard to public health requires that it shall not be dangerously near. The most suitable distance will vary in different cases ; it will be greater in the case of a large than of a small cemetery; greater also in the case of a large and rapidly extending town than in that of a small and stationary village. As to situation. SANITAEY REQUIREMENTS OF CEMETERIES. 481 With regard to the minimum distance which should intervene between burial places and human habitations, the Burial Act of 1855 prescribes that no ground not already used as a cemetery shall be used for burials under that Act, within a distance of one hundred yards from any dwelling-house, without the consent of the owner, lessee, and occupier of such dwelling-house. By section 10 of the Cemeteries Clauses Act, 1847, incorporated with the Public Health (Interments) Act, 1879, it is prescribed that a cemetery provided under those Acts is not to be constructed nearer to any dwelling-house than two hundred yards, except with the consent of the owner and occupiers. In France the prescribed minimum distance of a cemetery from the nearest habitation is one hundred metres (one hundred and nine yards), and it is not lawful without special permission to build any house or dig any well within that distance of an existing cemetery. It may be taken that a distance of two hundred yards is amply sufficient to prevent any injury arising to health from a well-kept cemetery, so far as regards noxious matters trans- mitted through the air. It is, however, by no means certain that cemeteries established under the Public Health (Inter- ments) Act will in all cases and at all times be distant so much as two hundred yards from the nearest human habitation. With the consent of the owners and occupiers of existing houses, a cemetery may be established within the prescribed limit ; and it is competent to anyone afterwards to erect a new house as near to a cemetery as he pleases. It does not, however, appear that the amount of danger to health to be feared from proximity to a well-kept cemetery is large. Since intramural interment has been abolished, recorded cases of injury to health, or even of nuisance arising from graveyard emanations, whether conveyed by air or water, are extremely rare. Dr. C. A. Cameron (Manual of Hygiene, p. 253) shows that the amount of organic matter deposited yearly in a well- kept cemetery is less than the amount removed from its surface in the form of vegetation, and considerably less than that spread as manure over a cultivated field. There is, therefore, no reason why a cemetery should necessarily be a nuisance, or become a source of danger to the health of those living near it. Nevertheless, in view of the evils which in former times have undoubtedly arisen from the practice of intramural sepulture, and also because the erection of houses near a cemetery interferes with the free play of air around and over it, it is desirable that the site of the cemetery should be in a B. 2 I 482 SEEIES XIV. CEMETEEIES. neighbourhood in which building is not likely to take place, and also that so far as practicable a belt of ground should be reserved between the graves and the nearest land on which a house may be built, in order to obviate to some extent the risk of contamination of ground air and subsoil water with decomposing matters. This is especially necessary where houses are constructed with cellars. It is, therefore, highly desirable that interments should not be made up to the extreme edge of the cemetery, and it would be possible without great waste of space to reserve in all cases a strip of ground free from interments, fifteen to thirty feet in width, around the whole cemetery on the interior of the boundary fence. This strip would afford room, on the inside, for a gravel or asphalte walk to give access to all parts of the cemetery, and on the outside next the fence to a belt of shrubs or trees, the rootlets of which penetrating the soil would arrest and assimilate any decomposing matters percolating outwards from the cemetery. Obviously a cemetery should not be placed on elevated ground above houses, where the soakings from it may percolate to the sites and foundations of the dwellings below. If there be a mortuary or chapel attached to or within ^he precincts of the cemetery, care should be taken to see r . . , that both are efficiently ventilated by permanent openings of adequate size, near or below the floor line for inlet, and in the ceiling for outlet of air. The chapel should be fitted with an iron trelliswork gate in the porch, so that the wooden door may be kept open in fine weather. Relations of Relations of cemetery to sources of water supply. It is water Tuppiy. evident that the drainage of a cemetery should not be allowed to enter a stream from which water is drawn for domestic purposes. The degree to which the purity of neighbouring wells is endangered by a cemetery, and the distance to which contami- nation may extend, obviously depend in each particular case upon the relative elevation of the respective sites of cemetery and well, and upon the nature and dip of the intervening strata, so that it would seem impossible to lay down a standard of distance applicable to all cases. Fissured rock might allow foul matters to traverse considerable distances, while the interposition of a bed of clay or a watertight fault would shut them off, or the passage through an aerated stratum of finely divided earth would oxidise and destroy them on their Ventilation and chapels. SANITABY BEQUIBEMENTS OF CEMETEBIES. 483 way. A dangerous state of things is when graves and wells are sunk near together in a shallow superficial water-bearing stratum of loosely porous nature resting on impervious clay. It does not appear, however, that the risk to which wells are exposed from the proximity of a properly managed cemetery is in ordinary cases great. A leaky cesspool is a far greater source of danger than a grave. The solid and liquid excretions voided by a human being in the course of a single year amount to several times the weight of his body. The precautions to be taken to avoid pollution of wells and Precautions springs in the neighbourhood of a cemetery will depend much upon local circumstances ; they may be said to be, 1st, the intervention of a sufficient space between the cemetery and the water source ; 2ndly, proper drainage, so that the subsoil water of the cemetery shall be conveyed away ; and 3rdly, proper management of the cemetery so that the amount of organic matter in one place shall not be more than the soil can dispose of. The English Acts and regulations prescribe no limit of distance from water supplies within which a cemetery is not to be established, but it is to be taken for granted that a site would not be sanctioned if it appeared likely that the purity of existing water supplies would be endangered. Never- theless, as in the case of the erection of new houses, there is no power to prevent anyone from sinking a well on his own property, as near to a cemetery as he pleases. [Of course, should the well become polluted, it can be dealt with under the provisions of the Public Health Act.] The reser- vation, free from interments, of a strip of land next the boundary, as before recommended, would be of service in this relation also. The site of a cemetery should be open and somewhat elevated, so that the wind may blow freely over it ; not shut in by hills or close belts of high trees. Trees, though useful, should not be allowed to become an impediment to the air. For the same reason, as a fence open railings are preferable to high walls. Sites are of course unsuitable which are liable to be flooded, Unsuitable or to landslips, or which are in danger of being washed away or encroached upon by streams or the sea. In places where mining operations are carried on, the question of risk of subsidence will have to be considered. Very steep sites are not desirable. The cemetery should be accessible by good roads from all parts of the district. 2 I 2 484 SERIES XIV. CEMETERIES. III. Sufficiency of space. On sanitary grounds it is requisite space. that each corpse shall be surrounded and covered by a mass of earth sufficient to deodorise and destroy the putrid emanations proceeding from it, and also that the total amount of space shall be so great that it may not be necessary to re-open any grave until the soft parts of the body previously interred therein are completely decomposed. On administrative grounds it is requisite that the accommodation provided shall be sufficient to last for the term of years over which the repayment of the loan is spread. On sentimental grounds it is desirable that sufficient space should be reserved that members of the same family may be interred near together. The latter consideration alone is usually sufficiently powerful to render local authorities desirous of providing more than the minimum amount of space. Time The length of time necessary to effect complete decomposition decomposi- r f ^ ne so ^ P&rts of a human body varies (the material of coffins tion. being similar) according to the nature of the soil, being shorter in a porous well-aerated soil, than in one which is either dense and clayey, waterlogged, or surcharged with animal matter. The regulations of the Home Office (followed in the model byelaws for the management of cemeteries recommended by the Local Goverment Board for adoption by sanitary authorities) prescribe that no unwalled grave shall be re-opened within fourteen years after the burial of a person above twelve years of age, or within eight years after the burial of a child under twelve years of age, unless to bury another member of the same family, in which case a layer of earth, not less than one foot thick, shall be left undisturbed above the previously buried coffin ; but if on re-opening any grave the soil be found to be offensive, such soil shall not be disturbed, and in no case shall human remains be removed from the grave. Size of grave The size of grave spaces (i.e., of the plots of ground, each to spaces. contain one grave, into which the cemetery is to be divided) prescribed by the Home Office is nine feet long by four feet broad = four square yards, for an adult, and for a child under twelve, two square yards, viz., either four and a half feet by four feet, or six feet by three feet. These sizes, which are conveniently commensurate with one another, may be recom- mended to sanitary authorities for general adoption.* They allow, on the assumption that the size of the grave (i.e., the * See footnote, p. 487. SANITARY REQUIREMENTS OF CEMETERIES. 485 hole dug for the reception of the body) of an adult is seven feet by two feet, the retention of a strip of undisturbed ground about two feet in width between every two adjacent graves. In any case it is important that each grave should be at least a foot distant from the nearest grave on every side, not only to prevent the passage of effluvia into the open grave from decomposing bodies in the adjoining graves, but also to avoid the danger of falls of earth, which may happen if excavations are made too near to ground which has been previously disturbed. The amount of space required for each 1,000 population will Requirements vary to some extent with the death-rate ; but where the tion? PU mortality is high, a larger proportion of the deaths will be those of persons under twelve. More space will be required for an increasing than for a stationary population. Taking average numbers, in a stationary population of 1,000 there will be rarely more than twenty-two deaths per annum, of which about eight will be of persons under twelve years old, and fourteen of persons above that age. For the interment of the persons above twelve, 14 x 4 = 56 square yards of ground will be required yearly, and as these grave spaces will not be again available, if the above-quoted rule be observed, until after the lapse of fourteen years, at least 784 square yards must be provided for them. Similarly for children under twelve, 8x2x8 = 1 28 square yards at least will be required ; making a total of 912 square yards. The necessary paths and buildings usually occupy at least a sixth of the surface. We thus get a minimum allowance of 1,064 square yards, or, say, a quarter of an acre (1,210 square yards) per 1,000 inhabitants, which is the usually estimated minimum for fourteen years. The desirability, however, of providing more than a bare minimum of space is obvious, and is generally recognised. If the suggestion previously made in this memorandum be adopted, to leave a strip free from graves fifteen or more feet in width, around the interior of the cemetery wall, a some- what larger amount of land will be required. The proportion will vary with the size and shape of the plot of land to be used as a cemetery. Thus a strip fifteen feet wide around an acre of land, if the plot be square (i.e., sixty-nine and a half yards in the sides), will take up 1,290 square yards, or rather more than a fourth ; if the plot be rectangular, 55 x 88 yards, a belt fifteen feet wide will require 1,330 yards. This belt may, however, be utilised for paths and shrubberies. 486 SERIES XIV. CEMETEEIES. Effects of soil The length of time for which cemetery provision on the position. above scale will remain available will depend upon the nature of the soil, the mode of interment, the depth of graves, and other circumstances. In an open soil, if an adult body * be buried in an ordinary wooden coffin, at the end of fourteen years the coffin and the softer parts of the corpse may be found completely decayed, only the larger bones remaining, and the coffin collapsed so as to occupy a vertical space only a few inches in thickness. The grave may then be re-opened nearly to its original depth, without disturbing the remains of the body previously interred. Thus, if the grave be made originally, say, eight feet in depth, a number of burials may be made in it before it becomes so full of bones as to be unfit for further use. In a dense clay soil, on the other hand, coffins are found intact after having been buried thirty years or more. As the thickness of a coffin is about fifteen inches there would not in a grave eight feet deep in such a soil be room for more than two interments if the rules to leave a foot of earth between any two coffins in the same grave and not to bury within four feet of the surface be observed; for after two interments and two intervals of fourteen years the grave would be filled to four feet six inches from the surface by the two coffins still undecomposed and the intervening layer of earth. If graves can be made deeper so as to hold more coffins, the cemetery will of course take longer to fill. In wealthy districts, in which many family graves are likely to be purchased, the cemetery will not be available so long as in a poor district, in which most of the burials are in common graves ; much of the ground in the first case being appropriated though not filled. Bodies buried in walled graves occupy the ground permanently, and do not by their decay make room for others. Register of it is necessary, both for the carrying out of a proper system as regards the re-opening of graves, and also to enable the place of burial of any particular person to be identified, if desired, that so much of the cemetery as is to be used for interments should be divided into numbered grave spaces, and that a register of graves should be kept, in which the name, age, and date of burial of the person or persons interred in each shall be duly recorded. The grave spaces should be distinguished by appropriate marks (which may conveniently * The bodies of children under like circumstances decay more rapidly than those of adults. REGULATIONS FOR BURIAL GROUNDS. 487 consist of a number at the ends of each longitudinal row of graves, and a letter at the ends of each transverse row, or vice versa), and their position should also be marked on a plan. This is obligatory under s. 41 of the Cemeteries Clauses Act, 1847, for burial places in which an exclusive right of burial has been granted, and it is desirable, for the reasons above given, that all grave spaces should be similarly distinguished. IV. Byelaws may be made by local authorities for the Byelaws. management of cemeteries provided by them under the Public Health (Interments) Act . . . The regulations issued by the Secretary of State for the Home Department for burial grounds provided under the Burial Acts are . . . appended to this memorandum . . . August, 1888. Regulations for Burial Grounds provided under the Acts 15 & 16 Viet. c. 85 ; 16 & 17 Viet. c. 134 ; 17 & 18 Viet. c. 87 ; 18 & 19 Viet. c. 128 ; and 20 & 21 Viet. c. 81.* 1. The burial ground shall be effectually fenced, and, if necessary, under-drained to such a depth as will prevent water remaining in any grave or vault. 2. The area to be used for graves shall be divided into grave spaces, to be designated by convenient marks, so that the position of each may be readily determined, and a corresponding plan kept on which each grave-space shall be shown. 3. The grave spaces for the burial of persons above twelve years of age shall be at least nine feet by four feet, and those for the burial of children under twelve years of age, six feet by three feet,f or, if preferred, half the measurement of the adult grave space, namely, four and a half feet by four feet. 4. A register of graves shall be kept, in which the name and age of the persons buried in each grave, and the date of each interment shall be duly registered. * As reprinted, 1899. f " It will be noticed that these dimensions are conveniently commensurate with each other ; that the length of two large grave spaces is equal to that of three small ones, and in breadth three large ones equal four small ones ; thus, the space occupied by six large grave spaces, namely, eighteen feet long by twelve feet wide, may be divided into twelve small grave spaces in three rows of four each, or the reverse. This coincidence simplifies the laying out of the ground." (Suggestions to Burial Boards issued by the Secretary of State.) 488 SEEIES XIV. CEMETERIES. 5. No body shall be buried in any vault or walled grave unless the coffin be separately entombed in an air-tight manner; that is, by properly cemented stone or brick work, which shall never be disturbed. 6. One body only shall be buried in any common earthern grave at one time, unless the bodies be those of members of the same family. 7. No unwalled family grave shall be re-opened within fourteen years after the burial of a person above twelve years of age, or within eight years after the burial of a child under twelve years of age, unless to bury another member of the same family ; in every case a layer of earth not less than one foot thick shall be left undisturbed above the previously buried coffin ; but if, on re-opening any grave, the soil is found to be offensive, such soil shall not be disturbed, and in no case shall human remains be removed from the grave. 8. No coffin shall be buried in any unwalled grave within four feet of the ordinary level of the ground, unless it contains the body of a child under twelve years, when it shall not be less than three feet below that level. ( 489 ) SEKIES XIV. CEMETEKIES. [NoTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for draft forms on which to submit the byelaws for the Board's preliminary approval before they are adopted by the local authority.} BYELAWS MADE BY THE * WITH RESPECT TO THE MANAGEMENT OF A CEMETERY PROVIDED BY THEM, AND CHARGES FOR THE USE OF THE SAME . 1. In the construction of these byelaws the following words Interpreta- and expressions shall have the meanings herein-after respectively fcl assigned to them, unless such meanings be repugnant to or inconsistent with the context or subject matter in which such words or expressions occur ; that is to say, " The Council " means the * ; "The cemetery" means the cemetery provided by the council, and situate at t ; " Grave " means a burial-place formed in the ground by excavation and without any internal wall of brickwork or stonework or any other artificial lining ; " Vault " includes underground burial-places of every descrip- tion, except graves to which the word " grave " interpreted as aforesaid applies. Interpretation of terms. It will be noticed that the term "grave," as used in the model byelaws, is strictly limited to unwalled graves. Any kind of walled grave is subject to the provisions affecting " vaults," as is the case under the regulations of the Home Secretary for burial grounds provided under the Burial Acts. 2, Every person who, in any part of the cemetery, causes a structure vault to be built for use as a burial-place, shall cause the vault vaults - * "Mayor, aldermen, and burgesses of the borough of , acting by the council " ; or, " Urban [or Rural] District Council of " ; as the case may be. t Indicate the situation of the cemetery. 490 SERIES XIV. CEMETERIES. Not more than one body to be buried in a grave at one time unless belonging to same family. to be enclosed with walls constructed of good bricks, stone or other hard and suitable material, properly bonded and solidly put together : (a.) With good mortar compounded of good lime and clean sharp sand or other suitable material ; or (6.) With good cement ; or (c.) With good cement mixed with clean sharp sand. Structure of vaults. This clause regulates only the construction of the enclosing walls of a " vault " as denned by the byelaws. It should be read in connection with clause 9, which provides for each coffin which is placed in the vault being embedded in cement, concrete, or enclosed in a separate cell constructed as therein mentioned. Clause 2 is similar in effect to clause 11 of the model series as to new streets and buildings, the notes on which (p. 110), may be referred to. It may be pointed out that the clause only requires the vault to be " enclosed with " (not " built of ") walls constructed as prescribed by the byelaw. " Party walls," then, may be allowed between vaults. 3. A person shall not, in any part of the cemetery, except as is herein-after provided, cause or suffer more than one body to be buried at any one time in a grave in respect of which no exclusive right of burial has been granted by the Council : Provided that this byelaw shall not be deemed to prohibit the burial at any one time in any such grave of two or more bodies of persons who were members of the same family. Burial in graves. Clause 3 of the model series follows the regulation on the same subject prescribed by the Home Secretary for burial grounds provided under the Burial Acts. (See p. 488.) Re -open ing of graves. 4, In every case where, in any part of the cemetery, the body of a person whose age at the time of death did not exceed twelve years has been buried in a grave in respect of which no exclusive right of burial has been granted by the Council, a person shall not, at any time within a period of eight years after the date of the burial of the body, cause or suffer the grave to be opened for the purpose of burying therein the body of a person who was not a member of the family of which a person whose body has already been buried in the grave was a member. 5. In every case where, in any part of the cemetery, the body of a person whose age at the time of death exceeded twelve years has been buried in a grave in respect of which no MANAGEMENT OF CEMETERY. 491 exclusive right of burial has been granted by the Council, a person shall not, at any time within a period of fourteen years after the date of the burial of the body, cause or suffer the grave to be opened for the purpose of burying therein the body of a person who was not a member of the family of which a person whose body has already been buried in the grave was a member. Re-opening of graves. In the memorandum of the Local Government Board on the sanitary requirements of cemeteries (see pp. 478 487), it is pointed out that on sanitary grounds it should not be necessary to re-open any grave until the soft parts of the body previously interred therein are com- pletely decomposed. It is stated that, " in an open soil, if an adult body be buried in an ordinary wooden coffin, at the end of fourteen years the coffin and the softer parts of the corpse may be found completely decayed, only the larger bones remaining, and the coffin collapsed so as to occupy a vertical space only a few inches in thickness. The grave may then be re-opened nearly to its original depth without disturbing the remains of the body previously interred." The bodies of children, under like circumstances, decay more rapidly than those of adults. " In a dense clay soil . . . coffins are found intact after having been buried thirty years or more." The above clauses, so far as they affect "graves," apply only to common graves. As a matter of health there is obviously no less reason for allowing a second burial in the same grave, within the period of eight or ten years, in the case of persons not of the same family, than for permitting the grave to be re- opened within that period to receive the body of a person who did belong to the family ; but the clause has the merit of providing means whereby persons, too poor to purchase graves, may yet be enabled to secure (practi- cally) that the grave in which a deceased member of their family has been buried shall be reserved to the family for the period referred to. Thus, the natural wishes of relatives are respected, and the number of cases in which graves can be re-opened before decomposition is completed is reduced to a minimum, having regard to the sentiment involved. 6. A person shall not, in any part of the cemetery, cause Depth of or suffer the body of a person whose age at the time of raves - death did not exceed twelve years to be buried in a grave in such a manner as to require or allow any part of the coffin containing the body to be placed at a less depth than three feet below the level of the surface of the ground adjoining the grave. 7. A person shall not, in any part of the cemetery, cause or suffer the body of a person whose age at the time of death exceeded twelve years to be buried in a grave in such a manner as to require or allow any part of the coffin containing the body to be placed at a less depth than four feet below the level of the surface of the ground adjoining the grave. 492 SERIES XIV. CEMETERIES. Separation of 8. A person shall not, in any part of the cemetery, cause a coffins. body to be buried in a grave otherwise than in such a manner as to provide by means of a sufficient layer or layers of earth, which shall throughout be closely rammed down and be not less than one foot in thickness, for the effectual separation of the coffin containing the body from any coffin already placed in the grave. Further provisions as to burial in graves. Clauses 6, 7, and 8 are based on regulations Nos. 7 and 8 of the Home Secretary for burial grounds under the Burial Acts. (See p. 488.) The clauses are designed to secure that each coffin " shall be surrounded and covered by a mass of earth sufficient to deodorise and destroy the putrid emanations proceeding from it." (Memorandum of Local Government Board on the Sanitary Requirements of Cemeteries (p. 483).) With the same object, no part of any grave should be nearer than one foot to any other grave, otherwise effluvia from decomposing corpses in the adjoining graves may pass into the grave when opened, occasioning nuisance, as well as danger to health. A lateral space of at least one foot between graves is also necessary to avoid the danger of falls of earth which may occur when graves are dug too close together. Clauses 6 8, it will be seen, apply to all " graves " within the meaning of the byelaws, whether common graves, or private graves. Closing of 9. Every person who, in any part of the cemetery, buries a burial after body in a vault shall, within a period of twenty-four hours after the deposit in the vault of the coffin containing the body, cause the coffin to be wholly and permanently embedded in and covered with a layer or layers of good cement concrete, not less in any part than six inches in thickness, or to be wholly and permanently enclosed in a separate cell or receptacle which shall be constructed of slate or stone flagging not less than two inches in thickness, properly jointed in cement, or of good brickwork in cement, and in such a manner as to prevent, as far as may be practicable, the escape of any noxious gas from the interior of the cell or receptacle. Closing of vaults. The regulations of the Home Secretary provide that every coffin which is deposited in a vault or walled grave, within any burial ground provided under the Burial Acts, shall be " separately entombed in an air-tight manner ; that is, by proper cemented stone or brickwork, which shall never be disturbed." The object of clause 9, like that of the three preceding clauses, is the prevention of the contamination of the air in and about the cemetery by gaseous and volatile products of decomposition. This " nuisance and danger to health may be occasioned, not only to grave- diggers and persons attending funerals, but also to the inhabitants of houses in the neighbourhood of the burial ground." (Memorandum of the Local Government Board on the Sanitary Requirements of Cemeteries (p. 478).) The Home Office Suggestions to Burial Boards * describe the arrangement * See Brooke Little's Law of Burials (Shaw and Sons). MANAGEMENT OF CEMETEEY. 493 generally adopted as consisting in a flag or slab of stone being placed upon a ledge in the wall immediately over each coffin, and closely cemented down, to be never raised again. It is stated that " when this plan is adopted decay is much retarded, the gaseous products escape very gradually through the pores of the cement and brickwork ; they are to a great extent decomposed, and appear to be diffused as fast as they escape ; for when such vaults are opened the space above the slab covering the coffin is found free from offensive air. This method is not only cheaper, but safer, than the use of lead coffins, which are often not air-tight, sometimes burst, and are liable to be broken. Cases of such accident have occurred when the coffin has been air- tight, and has confined putrid gas in a highly concentrated and dangerous state very serious and even fatal injury having been sustained by those who were near when the coffin was broken ; and very frequently vaults containing bodies enclosed in lead, are found to be offensive when opened for a sub- sequent burial, to avoid which, it is not uncommon to leave openings for the escape of such foul air, to the evident risk of those who may go near them." 10, Every person who, in any part of the cemetery, buries a Turfing, etc. body in a grave in respect of which an exclusive right of burial aftei^buriai. has been granted by the Council shall, as soon as conveniently may be after the lapse of such a period as may reasonably suffice for the natural subsidence of the earth with which the grave has been filled up, cause the surface of the grave to be properly covered with fresh turf, or with any gravestone or monument which, in pursuance of any grant by the Council, may lawfully be erected or placed on the grave, or shall cause the surface of the grave to be planted with shrubs or with other suitable vegetation. Turfing, etc., of graves. The provisions of this clause affect only private graves. It appears to be authorised by the general terms of s. 141 of the Public Health Act, 1875, as extended by the Act of 1879. With regard to common graves, the turfiug, etc. should be undertaken by the local authority. 11. A person shall not, in any part of the cemetery, by any Misconduct violent or indecent behaviour, prevent, interrupt, or delay the m cemetcrv - decent and solemn burial of any body. Misconduct in the cemetery. The expression " indecent behaviour " as used in this byelaw appears to be applicable to any behaviour which is not decent, having regard to the uses to which the ground is applied, and not merely to " indecency " as usually understood. The byelaw only applies where violent or indecent behaviour prevents, interrupts, or delays the decent and solemn burial of a body. Wilful and unlawful disturbance of persons assembled in the cemetery for the purpose of burying a body is dealt with in s. 59 of the Cemeteries Clauses Act, 1847. The same section also prohibits the playing of games or sports, the discharge of firearms (save at a military funeral), and the commission of nuisances within the cemetery. By s. 38 the council 494 SEEIES XIV. CEMETEEIES. Penalties. Charges for use of cemetery. are required to make regulations for ensuring that all burials within the cemetery are conducted in a decent and solemn manner. These regulations are not enforceable by penalties. 12. Every person who offends against any of the foregoing byelaws shall be liable for every such offence to a penalty of jive pounds, and in the case of a continuing offence to a further penalty of forty shillings for each day after written notice of the offence from the Council : Provided, nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence, may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this byelaw. Recovery of penalties. As to the recovery of penalties incurred under the byelaws, see s. 251 of the Public Health Act, 1875, and notes thereon in Lumley's Public Health, 5th ed., p. 333. Where, under s. 2 of the Public Health (Interments) Act, 1879, the local authority provide a cemetery outside their district, the provisions of s. 253 of the Act of 1875 will apply so as to require proceedings for offences against the byelaws to be taken by the local authority of the district in which the cemetery is situated. 13, Every person who in any part of the cemetery buries a body in a grave for which no exclusive right of burial has been granted, shall pay to the Council as a charge for the use of the cemetery a sum which shall be determined by such of the several regulations herein-after contained as may be applicable to the circumstances of the case, that is to say, s. d. For the burial, (a.) Of the body of a stillborn child (&.) Of the body of a person whose age at the time of death did not exceed years (c.) Of the body of a person whose age at the time of death exceeded years Charges for the use of the cemetery. The Local Government Board have expressed the opinion that it is only charges for interments in common graves for which their approval is required. " Twelve years" is the age usually inserted in paragraphs (b) and (c) of the above clause. The charges prescribed by the byelaws must be uniform. There is no authority for prescribing a higher fee for the burial of persons who are not inhabitants of the district, than for the burial of inhabitants. The question whether persons who are not inhabitants can be buried in any part of the cemetery in respect of which no exclusive right of burial has been granted to an inhabitant is, moreover, one as to which some doubt may be entertained. REPEAL OF BYELAWS. 495 Repeal of Byelaws. 14. From and after the date of the confirmation of these Repeal, byelaws the byelaws with respect to the management of the cemetery and charges for the use of the same which were made by the on the day of in the year one thousand eight hundred and , and were confirmed by the Local Government Board on the day of in the year one thousand eight hundred and , shall be repealed. Repeal. If there are any byelaws relating to the cemetery which the Council are desirous of repealing, the blank spaces in this clause should be filled, and the clause added to the series. SERIES XV- MORTUARIES. 2 K ( 499 ) MORTUARIES. MEMORANDUM. BY section 141 of the Public Health Act, 1875 (38 & 39 Viet. 38 & 39 Viet. ff\ i. L j f n c - 55. s. 141. c. 55), it is enacted as follows : "Any Local Authority may, and if required by the Local Government Board shall, provide and fit up a proper place for the reception of dead bodies before interment (in this Act called a Mortuary), and may make byelaws with respect to the management, and charges for use of the same ; they may also provide for the decent and economical interment, at charges to be fixed by such byelaws, of any dead body which may be received into a Mortuary." The next section (142) is in these terms : 38 & 39 Viet. c. 55, s. 142. "Where the body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates of the same house or room is retained in such house or room, any justice may, on a certificate signed by a legally qualified medical practitioner, order the body to be removed, at the cost of the Local Authority, to any Mortuary provided by such authority, and direct the same to be buried within a time to be limited in such order ; and unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it shall be the duty of the relieving officer to bury such body at the expense of the poor rate, but any expense so incurred may be recovered by the relieving officer in a summary manner from any person legally liable to pay the expense of such burial. " Any person obstructing the execution of an order made by a justice under this section shall be liable to a penalty not exceeding five pounds." 500 SEKIES XV. MORTUARIES. Use of mortuary should be encouraged. Necessity of good ad- ministrative arrange- ments. Matters dealt with in model clauses. With regard to the enactments above cited, it is to be observed that they are intended to meet the requirements of all cases in which a Mortuary is used, whether voluntarily or com- pulsorily. It is, however, chiefly in relation to those cases where the Mortuary is used otherwise than in pursuance of an order of a justice under section 142, that it is important to consider to what extent Sanitary Authorities should avail themselves of their power of making byelaws, and also by what other means they may provide for the efficient management of the Mortuary, and for the removal and reception of the dead with least danger to the living. It cannot be doubted that, apart from such cases as would come within the operation of section 142, there are many instances in which manifest benefit would result from the use of the Mortuary for the reception of the dead during the period preceding burial. In the interests of the public health, it is clearly desirable that those who might otherwise seek permis- sion to remove a corpse to the Mortuary should not be deterred by regulations of undue stringency, or by any apparent disregard of care and decency in the internal arrangements or management of the building. It is quite possible that at some future time, when the voluntary use of Mortuaries may have become more general than at present, Sanitary Authorities may find it expedient to exercise more fully their power of making byelaws under section 141. Under existing circumstances, however, it appears to the Board that Sanitary Authorities may be advised to rely upon good administrative arrangements rather than upon byelaws for the proper management of their Mortuaries. For certain purposes byelaws will doubtless be necessary in most districts for which Mortuaries have been provided. To such purposes the clauses comprised in the accompanying model series of byelaws have reference. The [second] and [third] of these clauses are designed to secure the removal of the corpse for burial within a specified period. The [fourth] and [fifth] clauses are intended for the prevention of misbehaviour. The [sixth] clause has been framed with the view of requiring undertakers to convey empty shells from the premises without delay. With regard to the [second] and [third] clauses, it may be well to point out that byelaws in these terms will not be operative in any case where a corpse has been removed to the Mortuary in pursuance of a justice's order under section 142. In such a MEMOEANDUM. 501 case, the limitation of the time within which the corpse is to be buried is a matter for which the justice is expressly authorised to give the necessary direction. In other cases, however, it is important that the Sanitary Removal of Authority should have the power of enforcing the removal of ^,^ s for corpses after a sufficient interval. Ordinarily, it may be assumed that there will be no difficulty in securing compliance with the requirements of this byelaw. The person who has obtained permission to use the Mortuary for the reception of the corpse will, in the majority of instances, be in a position to provide for its removal within the prescribed time. But it may be well to draw attention to the fact that the provision in section 142, which requires the relieving officer, in default of the friends or relations of the deceased, to bury at the expense of the poor rate, is confined to cases where the removal of the body to the Mortuary has been ordered by a justice and he has directed the burial to take place within a limited time. With reference to other cases, it is to be observed that, Powers of although the 7 & 8 Viet. c. 101, s. 31, empowers the Board of guardians. Guardians to bury, at the cost of the poor rate, the body of any poor person which may be within their parish or union, there is no obligation upon them to incur this expense unless the body is lying in the workhouse or on premises belonging to the guardians. If, therefore, the body of a poor person has been received in the Mortuary it by no means follows that the guardians or their duly authorised officer could be rendered responsible for the observance of the byelaw prescribing the period within which the body must be removed. It is possible that cases may occur where this responsibility may attach to the guardians or their officer in consequence of the directions which they may have given in pursuance of the enactment above-mentioned, and in all such cases the guardians or their officer, on being informed of the requirements of the byelaws, would no doubt take steps to ensure compliance with those requirements. Where, however, the cost of burial is only partially defrayed out of the poor rates, the Sanitary Authority, in dealing with an application for permission to use the mortuary, may sometimes find it necessary to ascertain that the applicant is, either voluntarily or by obligation, in a position to control the arrangements with regard to the burial, and may therefore, in the event of permission to use the Mortuary being granted at his request, be held liable for neglect to comply with the byelaw limiting the time within 502 SERIES XV. MORTUARIES. which the body should be removed. But upon the whole, it may be reasonably expected that the instances in which the Sanitary Authority may deem it incumbent upon them to enforce the byelaws as to the removal of bodies will be extremely rare. The Sanitary Authority will probably find that the practical questions requiring consideration in connection with any mortuary which they may provide will chiefly relate to (1) the selection of a suitable site and structure, and (2) the adoption of such administrative arrangements as will best serve the purpose of inducing persons to avail themselves of the facilities afforded by the Mortuary for the safe and decent keeping of the dead during the interval before interment. Upon these points, the Board have to offer the following suggestions. 1. As to site and structure. Suggestions In the choice of a site, care should be taken to ensure that andstructure * ne buildings to be erected thereon shall, as far as practicable, of mortuary, be isolated and unobtrusive. It may, indeed, be desirable to place the buildings on the site in such a position and manner as to admit of their being concealed from public view until the entrance gate to the premises has been passed. The buildings should be substantial structures of brick or stone. In their external appearance attention should be paid to such architectural features 'as may serve to convey the impression of due respect for the dead. Every chamber intended for the reception of corpses should be on the ground or basement floor. In addition to such chambers, the premises should, if possible, comprise: (a.) A waiting room for visitors to the Mortuary and for the use of mourners assembling there for funeral purposes ; (6.) A caretaker's dwelling-house ; and (c.) A shed or outhouse for the keeping of shells or other necessary appliances. For these and other structural arrangements provision may be made in the manner indicated in the plan appended to this memorandum. MEMORANDUM. 503 In the construction of each chamber intended for the recep- tion of the dead, care should be taken to ensure convenience, decency, cleanliness, and coolness. The chamber should be lofty and the area of its floor sufficient fco allow freedom of movement between the slabs or tables on which the dead are to be placed. There should be a ceiling to the chamber, or, if it be open to the roof, there should be a double roof with a space of eight inches at least between the outer and inner covering or with the addition of an intervening layer of felt. Louvres or air-gratings under the eaves will be the best means of ventilation. The chamber should, if practicable, be lighted by windows on the north side. If it is necessary to place windows on the south, east, or west sides, external louvre blinds should be provided for the windows. The floor should be paved evenly and closely. The material used may be stone or slate ; but a uniform cement floor is preferable. Water should be laid on so as to be drawn from a tap within the chamber. Shelves which may be conveniently placed around the interior of the chamber, and tables which may occupy any part of its area should preferably be made of slate slabs. If stone is used it should be smoothed on the upper surface and free edges. The shelves and tables should be placed so that their upper surfaces may be at a height of two and half feet or of not more than three feet above the floor. The ceiling and the internal surface of the walls should be whitewashed. The outside of the roof should also be whitened. The entrance to the chamber should be direct, without the intervention of any passage. The number of chambers should be at least two, so that one may be appropriated exclusively for the bodies of persons who have died of infectious disease, and the other for the bodies of persons whose death has been due to other causes. It may be expedient to place these chambers as far apart as may be practicable, so that persons visiting the chamber used for the reception of the bodies of those who have died of non- infectious disease may have no reason to fear infection. 504 SERIES XV. MORTUARIES. Suggestions as to ad- ministrative arrange- ments. 2. As to administrative arrangements. No obstacle or difficulty should be placed in the way of receiving a body at any hour of the day or night. To obviate unnecessary applications for reception at night, it will probably be found sufficient to affix to the entrance gate a notice requesting persons to abstain, except in cases of emergency, from applying for the admission of bodies during certain specified hours of the night. A caretaker should reside upon the premises, and his duties should comprise the general management of the mortuary, the maintenance of cleanliness, decency, and good order, and the keeping of such books or registers as the regulations of the Sanitary Authority may prescribe. It will probably be found expedient to require the caretaker, in the case of each corpse received upon the premises, to ascertain and record the following particulars, namely : (a.) Christian name and surname of the deceased; (b.) Sex; (c.) Age; (d.) Cause of death ; (e.) Number of house and name of street or other description of the place whence the body has been brought to the Mortuary ; (/.) Name and address of the person by whose order the body has been brought to the Mortuary ; and (g.) Date of the removal of the body for burial. It should, however, be clearly understood by the caretaker, that he would not be justified in refusing to admit a corpse on the ground that these particulars cannot be given at the time when the application for admission is made to him. A sufficient number of shells of different sizes should be kept at the Mortuary in charge of the caretaker, and he should be empowered to lend them to undertakers or other responsible persons for the conveyance of bodies to the Mortuary. The shells when not in use should be kept in a shed or other suitable place. Each shell should be constructed of strong wood, painted externally. The interior of the shell and the inner surface of is cover should be lined with tinned copper. MEMORANDUM. 505 Each shell after being used and before being deposited in the shed or other place of storage should be thoroughly cleansed by the caretaker. No dead body should be received upon the premises unless it is enclosed in a shell or coffin. JOHN LAMBERT, Secretary. Local Government Board, 25th July, 1882. Authorities competent to adopt the model byelaws. Section 141 of the Public Health Act, 1875, authorising the making of byelaws with respect to a mortuary, applies to " any local authority," whether urban or rural, by which a mortuary has been provided under this enactment. The section does not apply to a mortuary provided under the Burial Acts. Where necessary, the Local Government Board may " require " the local authority to provide and fit up a mortuary, but the making of byelaws is not compulsory in any case ; and it appears from the foregoing memorandum that the matters which can usefully be dealt with by means of byelaws in this connection, are, in the opinion of the Local Government Board, very few in number. Scope of the model byelaws. The terms of the enactment above mentioned would not only authorise byelaws as to the management of the mortuary, but also byelaws fixing charges for the use of the mortuary and for the decent and economical interment (presumably by the local authority) of any dead body which may be received into the mortuary. The Local Government Board, however, have framed no model clause fixing charges for the use of the mortuary, or for the interment of bodies received therein ; and, as pointed out in their memorandum, the only clauses as to the management of the mortuary which they suggest, deal with the removal of bodies for burial within a limited time after death, the conduct of persona frequenting the mortuary, and the removal of empty shells from the mortuary premises. Experience has served to confirm the view that byelaws are less needed in the case of a mortuary than good administrative arrangements ; and although the mere fact that byelaws enforceable by penalties have been made, and can be invoked if required, should render it the more easy for the caretaker to perform his duties, yet the chief reliance should in every case be upon the exercise by that officer of a vigilant supervision. The time when the value of mortuaries may be so recognised that the public more or less generally will be willing to pay " charges for the use of the same " is yet in the future ; and it seems impossible to suggest that at the present date, any more than in 1882 when the model series was first issued, any good purpose would be served were local authorities to more fully exercise their power of making byelaws \inder s. 141 of the Public Health Act, 1875, than is suggested to them by this model code. Provision of room for post-mortem examinations. Under s. 143 of the Public Health Act, 1875, any local authority may provide and maintain a proper place for the reception of dead bodies during the time required to conduct any post-mortem examination ordered by the coroner, or other constituted authority ; and s. 24 of the Coroners Act, 1887 (50&51 Viet. c. 71), 50(3 SERIES XV. MORTUARIES. empowers the coroner, where a post-mortem room has been provided under this enactment, to order the removal of a dead body to and from such room for carrying out the examination. It is most desirable that these examinations should be made as little as possible in private houses ; but it should be pointed out that no post-mortem room can be provided by the local authority " at a mortuary." The intention of course, is obvious. It was desired to encourage the use of mortuaries, and it was thought that the proximity of a post-mortem room to a mortuary might induce a suspicion in the minds of poor persons that dead bodies deposited in the mortuary, pending interment, were liable to be subjected to anatomical examination. In the case of London, however, the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), s. 90 (2), now permits of the provision of a post-mortem room " in connection with " a mortuary, although no post-mortem examination may be conducted within the mortuary. The regulations with respect to the management of the post-mortem room, which the local authority are authorised to make by s. 143 of the Public Health Act, 1875, do not require the confirmation of the Local Government Board (see s. 188 of the Act). Mortuaries apart from the Public Health Acts. It may be added that where the court was of opinion that it was requisite for the health of a parish that a mortuary should be provided, and also that the churchyard was the most suitable site for its erection, it decided that it had jurisdiction to grant a faculty for the erection of a mortuary on a portion of the churchyard, with a room to be appropriated to post-mortem examinations (Hansard v. St. Matthew, Bethnal Green (1878), 4 P. D. 46). The rector, churchwardens, and burial board of an urban parish applied for the grant of a faculty to authorise the erection of a parochial mortuary with a post-mortem room attached, in a consecrated burial ground situated in a populous part of the parish, and closed for burials by Order in Council. The court, being of opinion that the petitioners had made out their case for the establishment of a mortuary on the site proposed, directed that a faculty should issue for the erection ol the mortuary (St. George's, Hanover Square (Rector, etc. of) v. Hall and Another (1879), 5 P. D. 42). It should be noted that it is now provided by the Disused Burials Act, 1884 (47 & 48 Viet. c. 72), that it shall not be lawful to erect any buildings upon any disused burial ground, except for the purpose of enlarging a church, chapel, meeting-house, or other place of worship. A burial board may provide a mortuary under s. 42 of the Burial Act, 1852 (15 & 16 Viet. c. 85), and where a parish council is the authority for the execution of the Burial Acts in a rural parish this power may be exercised by them (Local Government Act, 1894, s. 7). ( 507 ) SEEIES XV. MOETUAKIES. [NOTE. Any local authority proposing to make byelaws on this subject should apply to the Local Government Board for a draft form on which to submit the byelaws for the Board's preliminary approval, before they are adopted by the local authority.} BYELAWS MADE BY THE* WITH EESPECT TO THE MANAGEMENT OF A MORTUARY IN THE f 1. Throughout these byelaws the expression "the Council" Interpreta- J.T_ * tion. means the 2. Every person who, in pursuance of permission obtained Removal of from the Council, has caused the body of one who has died of ' an infectious disease to be deposited in the Mortuary shall cause the body to be removed therefrom for the purpose of interment within a period of days from the date of death. 3. Every person who, in pursuance of permission obtained from the Council, has caused the body of one who has died of a non-infectious disease to be deposited in the Mortuary shall cause the body to be removed therefrom for the purpose of interment within a period of days from the date of death. Removal of bodies for burial. It will be seen that these two clauses deal with the removal from the mortuary of the dead bodies respectively of persons who have died of infectious disease, and of those who have died of non-infectious disease. With regard to these clauses, it seems necessary only to refer to the remarks contained in the memorandum issued by the Local Government Board with the model series (pp. 500 502). The period within which bodies should be required to be removed from the mortuary should not exceed five days in non-infectious cases, and three days in infectious cases, from the date of death. * "Mayor, aldermen, and burgesses of the borough of , acting by the council" ; or, " Urban [or Rural] District Council of " ; ax the cave may be. f " Borough," or, " Urban [or Rural] District of ." 508 SERIES XV. MORTUARIES. Where the Infectious Disease (Prevention) Act, 1890, is in force, ss. 8, 9, and 10 should be referred to. By s. 8 no person, without the sanction in writing of the medical officer of health or of a registered medical practitioner, shall retain unburied elsewhere than in a public mortuary or in a room not used at the time as a dwelling place, sleeping place, or workroom for more than forty- eight hours, the body of any person who has died of any infectious disease. By s. 9 bodies of persons dying of infectious diseases in a hospital or other place of temporary accommodation for the sick are to be removed only for burial ; and by s. 10 justices may, in certain cases, order dead bodies to be buried. In byelaws made under s. 8 of the Public Health (London) Act, 1891 (54 & 55 Viet. c. 76), with respect to mortuaries in the metropolis, the following proviso has, in certain cases, been added to clauses 2 and 3 of this model series : Provided that if an inquest is to be held on the body, such person shall not cause the body to be removed, except with the authority or on the certificate of the Coroner, but he shall cause the body to be removed within twenty-four hours after the issue of such authority or certificate. Conduct of 4. Every person for the time being employed in depositing a deporting or body in the Mortuary, or in removing a body therefrom, shall, while so employed, conduct himself in all respects with decency and propriety. Proviso for cases where inquests are to be held. removing bodies. Conduct of persons viewing bodies. Removal of shells not belonging to the council. 5. Every person who, being a friend or relative of one whose body has been deposited in the Mortuary, has been admitted to view the body shall, while on the premises, conduct himself in all respects with decency and propriety. Regulations as to conduct. Clause 4 of the series may be said to apply to the undertaker and his men, and clause 5 to friends and relatives of the deceased person. In construing either of these byelaws, the expression " with decency " may be held to exclude conduct which, while not actually indecent in the ordinary sense, is not decent having regard to the use of the mortuary as a place for the reception of the dead. 6. Every person who, for the purpose of depositing a body in the Mortuary, uses a shell which has not been provided by the Council shall, in every case where the body is trans- ferred from the shell before being carried from the premises to the place of burial, cause the shell, as soon as conveniently may be after the transfer of the body therefrom, to be removed from the premises. Removal of private shells. " No dead body should be received upon the premises unless it is enclosed in a shell or coffin." A sufficient number of shells of different sizes should be kept at the mortuary, and these the care- taker should be empowered to lend to undertakers or other responsible REPEAL OF BYELAWS. 509 persons for the convej'ance of bodies to the mortuary. (See the memorandum of the Local Government Board prefixed to this series.) As, however, other shells, not belonging to the local authority, and probably not constructed with the same regard to sanitary conditions as those provided by the local authority, may be used for the purpose of bringing bodies to the mortuary, and as inconvenience would be occasioned if these shells were left at the mortuary, the local authority may properly require that they be taken away so soon as the bodies brought in them have been transferred to the coffins in which they are to be carried to burial. No shell which has been used for enclosing a dead body should on any account be allowed to stand empty on the premises without being thoroughly cleansed. (Memorandum of the Local Government Board.) 7. Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of , and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the Council : Provided nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment, as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Amount of penalties. Any sums up to "five pounds" and "forty shillings " respectively may be inserted. The second paragraph is required in order to comply with the provision in s. 183 of the Public Health Act, 1875. Recovery of penalties. As to the recovery of penalties, see s. 251 of the Public Health Act, 1875, and note thereon in Lumley's Public Health, 5th ed., p. 333. Eepeal of Byelaws. 8. From and after the date of the confirmation of these Repeal, byelaws, the byelaws with respect to the management of a Mortuary, which were made on the day of in the year one thousand eight hundred and by the , and were confirmed on the day of in the year one thousand eight hundred and by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] shall be repealed. Repeal of byelaws. If there should be in force any byelaws with respect to the mortuary which the local authority are desirous of repealing, the above clause should be completed and included in the series. SERIES XVI. OFFENSIVE TRADES. ( 513 ) OFFENSIVE TRADES, MEMORANDUM. BY section 112 of the Public Health Act, 1875 (38 & 39 Viet. 3s&39Vict. rtr , ., , j c. 55, ss. 112. c. 55), it is enacted as follows : 113. " Any person who, after the passing of this Act, establishes within the district of an Urban Authority, without their consent in writing, any offensive trade; that is to say, the trade of Blood boiler, or Bone boiler, or Fellrnonger, or Soap boiler, or Tallow melter, or Tripe boiler, or Any other noxious or offensive trade business or manufacture, shall be liable to a penalty not exceeding fifty pounds in respect of the establishment thereof, and any person carrying on a business so established shall be liable to a penalty not exceeding forty shillings for every day on which the offence is continued, whether there has or has not been any conviction in respect of the establishment thereof." The next section (113) is in these terms : " Any Urban Authority may from time to time make byelaws with respect to any offensive trades established with their consent either before or after the passing of this Act, in order to prevent or diminish the noxious or injurious effects thereof." It will be seen from the last cited enactment that, in order What is an to bring a trade within the operation of the byelaws which the Urban Authority are empowered to make, the trade must belong to the class designated " offensive," and must have been established with the consent of the Authority either before or after the passing of the Public Health Act, 1875. ii. -2 i. 514 SEEIES XVI. OFFENSIVE TRADES. In ordinary cases there will, of course, be little difficulty in determining whether the circumstances and date of the original establishment of any particular trade are such as to render it subject to the control which the Urban Authority may exercise by means of their byelaws. But in relation to a trade other than those expressly mentioned in s. 112, that is to say, the trades of a blood boiler, bone boiler, fellmonger, soap boiler, tallow melter, and tripe boiler, the question whether the materials and processes are such as to constitute a " noxious or offensive trade, business or manufacture" is one which will often be found to require careful consideration, and an accurate knowledge of the facts of the case. When any such question comes before the Urban Authority they may be advised to give special heed to the principles which may be deduced from the decisions in Wanstead Local Board of Health v. Hill (1863), 13 C. B. (N.S.) 479; 32 L. J. (N.s.) M. C. 135 ; 9 Jur. (N.S.) 972 ; Passey v. Oxford Local Board (1879), 43 J. P. 622; and Cardell v. New Quay Local Board (1875), 39 J. P. 742. The first and last of these cases arose under s. 64 of the Public Health Act, 1848 (11 & 12 Viet. c. 63), an enactment of which the greater part has in substance been reproduced in s. 112 of the Public Health Act, 1875. The case of Passey, app., Oxford Local Board, resp., had reference to the last- mentioned enactment. Brick-making In Wanstead Local Board of Health, app., Hill, resp., the ^Lw^Board fl 0rS> internal surface of the walls of any building and every floor or pavement upon the premises where his trade is carried on to be kept at all times in good order and repair, so as to prevent the absorption therein of any liquid filth or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon. With respect to the trade of a soap boiler. Storage of 30. Every soap boiler shall cause all materials which have materials. been received upon the premises where^ his trade is carried on, and which are not required for immediate use, to be stored in such a manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom. Trade of a soap boiler. The process of soap making may briefly be described as the bringing about a combination of fatty matter with soda or potash. When soda is used, a " hard-soap " is produced ; while for the production of " soft-soap," potash must be used to the almost entire exclusion of soda. The combination is effected by heating various animal or vegetable fats or oils with a caustic lye of soda or potash, as the case may be. The actual process of soap making is not now, in well managed works, a source of very great nuisance. Offensive effluvia are chiefly occasioned by preliminary operations, such as the refining, purifying and bleaching of fats to be employed in the manufacture of soap ; and the remedy for this is the same as that described in clause 31, viz., to draw off all the vapours, and either pass them through a fire or condense them by the agency of water. Where a soap maker renders butcher's fat or kitchen fat upon his premises for the pro- duction of tallow to be used in the manufacture of soap, the byelaws as to the trade of a tallow melter (pp. 534536) will apply, and if he extracts bone fat for this purpose, the clauses as to a bone boiler (pp. 524 526) will be applicable. Storage of materials. The fatty materials received at soap works are extremely various in character. They embrace tallow, either imported or such as is produced in this country from the rendering of butcher's fat or kitchen stuff ; fat produced by the boiling of bones ; refuse fat from glue making ; ship's fat, etc., besides several kinds of vegetable fats or oils. The amount of nuisance occasioned by the process of soap boiling depends, to some extent, upon the condition of the various fats when they reach the boiling pans. When fats which already have an offensive odour are thrown into the pans and melted, the vapours evolved are very offensive. Hence it is most desirable, with a view to the prevention or diminution of the noxious effects of the trade, that all materials received at the works which are likely by improper keeping to become offensive, should be stored, so far as possible, in such a manner as to prevent this condition arising. The actual arrangements for storage must necessarily vary according to the circumstances of the case. WITH RESPECT TO THE TRADE OF A TALLOW MELTER. 535 31. Every soap-boiler shall adopt the best practicable means Emission o of rendering innocuous all vapour emitted, during the process of melting or boiling any materials, from the contents of any cask, tank, or pan upon the premises where his trade is carried on. He shall, in every case, cause the vapour to pass directly from the cask, tank, or pan through a fire, or into a suitable con- densing apparatus, or through a suitable condensing apparatus and then through a fire in such a manner as effectually to consume the vapour, or to deprive the same of all noxious or injurious properties. Emission of vapour from soap works. As stated above, in the note on clause 30, the amount of effluvium arising from the process of soap boiling depends partly upon the condition of the materials when placed in the pans. Apart from this, where fish oil, ship's fat, or other fats which have an offensive odour are used, the vapours from the boiling pans may be very offensive, and it is essential, in the case of every soap manufactory, that such arrangements shall be in operation as will ensure the vapours being rendered innocuous before being passed into the atmosphere. Nuisance also arises from the melting of tallow and other solid fats out of the casks in which they are received at the works into tanks, previous to boiling. In each case the only effectual remedy is to draw off the vapours (for which purpose a fan should be used, if necessary), and to pass them through a fire, or into water. With respect to the trade of a tallow melter. 32. Every tallow-melter shall cause all materials which have storage of been received upon the premises where his trade is carried on, and which are not immediately required for melting, to be stored in such a manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom. Trade of a tallow melter. "Tallow" is the name given to animal fat which has been separated from the cellular tissue in which it is confined. The production of tallow is effected by the process termed " rendering," and consists in heating the fat, either in an open pan, or in a closed vessel, and either over a fire or by means of steam. The purest tallow is produced from butcher's fat ; but kitchen stuff and other waste fats are rendered for the production of the coarser kinds used by soap makers, etc. In all cases it is desirable to render the fat in as fresh a condition as possible, with a view to the prevention of nuisance, as well as to prevent injury to the colour, etc., of the tallow. (See note on clause 37, post.) Storage of materials. Where fat may be received at a tallow or fat melter's (see clauses 37 et seq.) which cannot be rendered immediately, it should be so stored as to prevent, as far as possible, the fat becoming putrid. From 536 SEEIES XVI. OFFENSIVE TEADES. various causes, however, depending, for example, upon the state of the weather, the length of time it has been kept, or the way in which it has been packed, much of the material received at the works, even if we refer only to butcher's fat, must already be more or less tainted. Arrangements should in all cases be made, therefore, for the prevention of the emission of effluvia from the materials in store. Dr. Bollard, in his report on Effluvium Nuisances, recommends that "offensive kinds of fat that can be covered up, such as kitchen stuff, be so covered, or stored in a chamber or closet communicating with the external air only through the medium of a screen containing wood charcoal . . . Fresh fat that is not about to be rendered immediately should," he says, " be hung upon hooks in the store-room, and the cleaner and sweeter this room is the more likely is the fat to remain sweet." Cleansing 33, Every tallow melter shall, at the close of every working of floors and ay cause & \\ tallow, grease, refuse, or filth which has been pavements. f ' e ... spilled or splashed, or has fallen or been deposited upon any floor or pavement upon the premises where his trade is carried on to be removed therefrom by scraping or some -other effectual means of cleansing. Cleansing of floors and pavements. This, like other provisions in the model series, aims at dispelling the belief once, to all appearances, widely diffused that dirty trades must necessarily be carried on in a dirty manner. The scraps and litter gathered up should be placed in properly covered receptacles. Cleansing and 34. Every tallow melter shall cause the internal surface of hme-washing every wall of any building upon the premises where his trade is carried on to be thoroughly cleansed, and, after being so cleansed, to be thoroughly washed with hot limewash twice at least in every year, that is to say, at least once during the periods between the first and twenty-first day of March, and the first and twenty-first day of September respectively. Walls, floors 35, Every tallow-melter shall cause every part of the and pave- internal surface of the walls of any building and every floor ments to be , , ....... . kept in or pavement upon the premises where his trade is carried on repair. to be kept at all times in good order and repair, so as to prevent the absorption therein of any liquid filth, or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon. Emission of 36, Every tallow melter shall adopt the best practicable means of rendering innocuous all vapour emitted, during the process of melting, from the contents of any pan upon the premises where his trade is carried on. WITH RESPECT TO THE TRADE OF A FAT MELTER. 537 He shall, in every case, either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or shall cause the vapour to pass directly from the pan through a fire, or into a suitable con- densing apparatus, or through a suitable condensing apparatus and then through a fire in such a manner as effectually to consume the vapour, or to deprive the same of all noxious or injurious properties. With respect to the trade of a fat melter or fat extractor. 37. Every fat melter or fat extractor shall cause all materials Storage of which have been received upon the premises where his trade is m carried on, and which are not immediately required for melting or extracting to be stored in such a manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom. Trade of a fat melter or fat extractor. Fat melting in its various branches includes the rendering of beef, mutton, and pigs' fat, and of kitchen stuff and other similar refuse fats, for the purpose of making soap, tallow, lard, waggon-grease, candles, etc. The most important kinds of fat melting, as regards the amount of nuisance occasioned, are the rendering of butcher's fat and kitchen stuff. In some establishments, the rendering is confined to one or other of these two kinds ; but in others both kinds are rendered. The usual method is to place the fat in a pan over an open fire. In certain cases dilute sulphuric acid is added to the contents of the pan and the boiling is effected by steam ; but there is a prejudice against tallow in the preparation of which chemicals have been employed, although this method is preferable to rendering by fire, so far as the amount of nuisance is concerned. See clauses 32 36, relating to the trade of a tallow melter. 38. Every fat melter or fat extractor shall, at the close of Cleansing of every working day, cause all fat, tallow, grease, refuse or filth ' which has been spilled or splashed, or has fallen or been deposited upon any floor or pavement upon the premises where his trade is carried on to be removed therefrom by scraping or some other effectual means of cleansing. 39. Every fat melter or fat extractor shall cause the internal Cleansing surface of every wall of any building upon the premises where ^a's his trade is carried on to be thoroughly cleansed, and, after walls. being so cleansed, to be thoroughly washed with hot lime-wash twice at least in every year, that is to say, at least once during 538 SERIES XVI. OFFENSIVE TRADES. Repair of walls, floors, Emission of the periods between the first and twenty-first day of March, and the first and twenty-first day of September, respectively. 40. Every fat melter or fat extractor shall cause every part o ^e internal surface of the walls of any building and every floor or pavement upon the premises where his trade is carried on to be kept at all times in good order and repair, so as to prevent the absorption therein of any liquid filth, or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon. 41. Every fat melter or fat extractor shall adopt the best practicable means of rendering innocuous all vapour emitted, during the process of melting or extracting, or during the process of greaves pressing, from the contents of any pan or press upon the premises where his trade is carried on. He shall, in every case, either cause the vapour to be dis- charged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus, or through a suitable condensing apparatus and then through a fire in such a manner as effectually to consume the vapour, or to deprive the same of all noxious or injurious properties. Greaves pressing. When the rendering is completed, and as much as possible of the fat has been run off or ladled out, the residue in the pans is placed in cloths, and subjected to pressure. This presses out the remaining fat and converts the solid matter into a dry cake known as "greaves." " Greaves pressing " is usually a source of greater or less nuisance, because it has to be performed while the tallow is liquid, and hot enough to give off offensive vapours. The operation should therefore be conducted under cover, the apparatus, where necessary, being boxed in in such a manner that all vapour is carried into a chimney, discharging at a sufficient height. With respect to the trade of a tripe boiler. of 42. Every tripe boiler shall, at the close of every working pavements ^ a ^' cause every floor or pavement upon the premises where his trade is carried on to be thoroughly washed. Trade of a tripe boiler. "Tripes" are the first stomachs of sheep and oxen. They are prepared for human food, after having been emptied of their contents (usually at the slaughter-house) by a three-fold process of washing or scalding, scraping and boiling. The trade of a tripe boiler is one WITH RESPECT TO THE TRADE OF A TRIPE BOILER. 539 which is often carried on in comparatively mean surroundings, and by poor persons. The business is frequently conjoined with that of the boiling of sheeps' trotters and ox feet, and the preparation of neat's foot oil. A description of these processes will be found in Dr. Ballard's report.* 43. Every tripe boiler shall, at the close of every working Cleansing of , , , , , , , . , T benches and day, cause every bench or table used upon the premises w r here tables, his trade is carried on for the scraping of any tripe to be thoroughly cleansed by scrubbing or by some other effectual means. 44. Every tripe boiler shall, at the close of every working Cleansing of day, cause all filth which has been splashed upon any part of the internal surface of any wall of any building upon the premises where his trade is carried on to be removed by washing or by some other effectual means. He shall also cause every part of the interior above the floor Lime- or pavement of the building to be thoroughly washed with hot w lime-wash four times at least in every year, that is to say, at least once during the periods between the first and tenth day of March, the first and tenth day of June, the first and tenth day of September, and the first and tenth day of December, respectively. Cleanliness of premises. "Habitual cleanliness," elsewhere referred to as one of the principal matters aimed at in the model series as to offensive trades, will, in the case of tripe boiling, go far towards obviating nuisance from the trade. All floors and pavements should be thoroughly washed, and all benches or tables on which the operation of scraping the tripe is performed carefully scrubbed once a day. The walls, where splashed with filth, should also be carefully cleansed every day ; and every part of the interior, except such part of the walls as may be covered with a material capable of being washed, should be periodically lime-whited. 45. Every tripe boiler shall provide a sufficient number of Collection vessels or receptacles, properly constructed of galvanized iron, of or of some other non-absorbent material, and furnished with closely fitting covers, for the purpose of receiving and conveying from the premises where his trade is carried on manure, garbage, inedible offal, filth or refuse. He shall, at the close of every working day, cause all manure, garbage, inedible offal, filth, or refuse which has fallen or been * Sec also Offensive and Noxious Businesses. By Dr. T. Whiteside Hinio, in Drs. Stevenson and Murphy ' Treatise on Hygiene and Public Health. 540 SERIES XVI.- -OFFENSIVE TRADES. Walls, floors and pave- ments to be kept in repair. Vapours to be rendered innocuous. deposited upon any part of the premises and which is not intended to be forthwith subjected to any further trade process upon the premises to be collected in the vessels or receptacles so provided and to be removed from the premises with all reasonable dispatch. He shall cause the several vessels or receptacles, when not in actual use, to be kept thoroughly clean. Collection and removal of refuse. Dr. Ballard, in his report on Effluvium Nuisances, frequently refers to the " general offensive odour," arising from establishments where animal matters are dropped and spilt about the floor, or when accumulations of decomposing refuse matters are kept upon the premises. To obviate this in the case of a tripe boiling establishment, all manure, garbage, inedible offal, etc., should be placed in non-absorbent receptacles, and be daily removed in these receptacles from the premises. 46. Every tripe boiler shall cause every part of the internal surface of the walls of any building, and every floor or pave- ment upon the premises where his trade is carried on to be kept at all times in good order and repair, so as to prevent the absorption therein of any liquid filth or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon. 47. Every tripe boiler shall adopt the best practicable means of rendering innocuous all vapour emitted, during the process of boiling, from the contents of any pan upon the premises where his trade is carried on. He shall, in every case, either cause the vapour to be dis- charged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or shall cause the vapour to pass directly from the pan through a fire, or into a suitable con- densing apparatus, or through a suitable condensing apparatus, and then through a fire in such a manner as effectually to consume the vapour, or to deprive the same of all noxious or injurious properties. Vapours emitted during boiling. The vapours arising from the boiling pans are probably the chief cause of nuisance in connection with the trade of a tripe boiler. It is impossible to avoid the emission of such vapours, but something can be done to render them innocuous. Dr. Ballard suggests in his report that in small tripe boiling establishments " it may suffice to conduct the boiling operations beneath a hopper brought down sufficiently low, and closed in at the sides of the boiler, and to conduct the steam, issuing at times when the boiler is open for the removal of any of its contents, into a chimney with a good draught, and discharging itself at an elevation above the level of WITH RESPECT TO THE TEADE OF A GLUE MAKER. 541 the adjoining houses. But the boiler itself should be provided with a lid, and there should be a pipe to convey the steam from the space immediately under the lid into the ashpit of the fire, which ashpit should be provided with a well- fitting door." In the larger establishments the plan of condensing the vapour may be followed, with or without passing it subsequently through a furnace. 48. Every tripe boiler shall cause all liquid refuse, before Liquid refuse being discharged into any drain, from any part of the premises ie ' where his trade is carried on to be cooled in such a manner as to prevent the emission of noxious or injurious effluvia therefrom. Discharge of liquid refuse into drains. In tripe boiling, when the tripe is sufficiently cooked it is hung up to cool, while the liquor is run off and discharged into the drains. If the liquor is so discharged in a hot, or perhaps boiling, state, some nuisance must almost necessarily be occasioned. See, as regards places where Part III. of the Public Health Acts Amendment Act, 1890, has been adopted by an urban authority, the provisions contained in s. 17 of that Act. With respect to the trade of a glue maker. 49. A glue maker shall not cause or suffer any moist Retention of materials which, by reason of decomposition, have become useless for the purpose of glue making to be kept for a longer time than may be necessary in any part of the premises where his trade is carried on. Trade of a glue maker. In the preparation of glue various materials, comprising almost every kind of waste animal tissue, are made use of. Among these may be mentioned bones from which the fat has been extracted by boiling, hoofs, horns, scraps of leather, and pieces cut off during the preparation of skins for leather. Most of the materials when they reach the works of the glue maker require to be limed. After liming they are washed, and then boiled. During the boiling, the fat which rises to the surface is skimmed off ; and when the boiling is completed, and sufficient time has been allowed for the liquid glue to settle and partially cool, it is drawn off into wooden troughs in which it solidifies into a firm jelly or size. The glue is then cut into slices, and the slices dried. The residual product of the boiling is known as " scutch," and finds its way to the manure makers. Retention of decomposed fleshings, etc. Moist "fleshings" received from the works of the tanner or leather dresser,* and other decomposable materials, should never be retained by the glue maker upon his premises any longer than can be helped. Among the materials received by him there must always be a quantity in which slight putrefactive changes have taken place, although the decomposition may not be sufficient to make the material unfit for * For the model byelaws as to the trades of a tanner and a leather dresser, see pp. 529533. 542 SERIES XVI. --OFFENSIVE TEADES. glue making ; and further keeping involves the risk of nuisance. The storage of any material which cannot be used immediately is regulated by clause 50 of this series. Clause 49 requires that no moist materials, which, either before or after their arrival at the yard, may have become useless for glue making, shall be kept upon the premises any longer than is necessary. Storage of moist materials. 50. Every glue maker shall cause all moist materials which have been received upon the premises where his trade is carried on, and which are not required for immediate use, to be stored in such a manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom. He shall, where practicable, cause the materials to be dried before being deposited in that part of the premises which has been appropriated for the storage thereof. In every case, where by reason of the state of the weather or for any other sufficient cause it may be impracticable to dry the materials, he shall cause the several pieces to be subjected to the action of a sufficient quantity of milk of lime, and to be closely stacked. Storage of moist materials. It may not always be possible for the glue maker to at once make use of all fleshings, etc., received at his works. Where this is the case, the best plan appears to be to dry the materials ; but in certain states of the weather, or where for other reasons it may be impracticable to dry them, it becomes necessary to stack the goods. This process requires great care. Each successive layer of a few inches in thickness must be liberally treated with milk of lime, and no hollow places must bs left in the stack, or the pieces will soon become tainted. If, however, the material be sufficiently fresh when stacked, and the stack be properly formed and suitably placed, not only will the material be very little depreciated in value (even though kept for several months), but it will be found to occasion no nuisance whatever. Collection and removal of scutch, etc. 51. Every glue maker shall cause all scutch, residue, or refuse which has been removed from any boiling pan upon the premises where his trade is carried on, and which is not intended to be forthwith subjected to any further trade process upon the premises, to be deposited, immediately after removal from the pan, in a suitable chamber or shed, and in such a manner as to prevent the emission of any noxious or injurious effluvia from the scutch, residue or refuse so deposited; or to be placed, immediately after removal from the pan, in bags or sacks, casks or barrels, which, when filled, shall be closed and fastened or covered in such a manner as to prevent the emission of noxious or injurious effluvia from the contents thereof. WITH EESPECT TO THE TRADE OF A GLUE MAKER. 543 In every case, where the scutch, residue, or refuse has been deposited in a chamber or shed, he shall cause all the contents thereof to be removed from the premises within forty-eight hours after the deposit of the same in the chamber or shed. Collection and removal of scutch, etc. The unnecessary accumulation of scutch upon the premises should be avoided by the systematic removal of all such refuse within two day?, at the outside, after it is taken out of the boilers. "It ought," says Dr. Ballard in his report, "either to be put at once into hogsheads, and fastened clown for removal ; or, until it is removed in covered carts or barges, or in hogsheads, it should be deposited neatly in an appro- priate chamber or shed, and not be allowed to be retained even there above a day or two, especially in warm or muggy weather." A form of scutch shed recommended by Dr. Ballard is open on one side. Within the shed is a raised platform on which the scutch is laid. The place is ventilated by louvres in the walls and roof, and a screen in front of the open side hides the deposit from view. 52. Every glue maker shall, at the close of every working Cleansing of day, cause every floor or pavement upon the premises where pavements, his trade is carried on to be thoroughly swept. He shall cause every floor or pavement elsewhere than in that part of the premises where the processes of drying and packing are carried on to be thoroughly washed once at least in every week. 53. Every glue maker shall, at the close of every working Collection of day, cause every fragment of glue, or of any material used in glue-making, which has fallen or been deposited upon any part of the premises where his trade is carried on to be collected and placed in a suitable receptacle. Collection of scraps. Scraps of fleshings, etc., or of gelatinous glue, should not be allowed to lie upon the ground to be trodden under foot, and, in the case of soft materials, to putrefy where they lie. All such scraps should be gathered up in proper receptacles for return to the boilers. Some waste will thus be avoided, and the " general effluvia " from the works will be diminished. 54. Every glue maker shall cause the interior and exterior Cleansing of of every boiling pan, and of every tank, vat, trough or other P^ ns> tanks receptacle upon the premises where his trade is carried on to be thoroughly cleansed from time to time as often as may be necessary to prevent any accumulation of filth in or upon the pan, tank, vat, trough, or receptacle. Cleansing of boilers, etc. The observance of the requirements of this clause can easily be provided for by the glue maker by proper regulations for 544 SERIES XVI. OFFENSIVE TRADES. the management of his works, and will tend to promote a general condition of cleanliness and tidiness in the conduct of the business. Removal of lime. 55. Every glue maker shall cause all waste lime which has been taken out of any pit upon the premises where his trade is carried on to be forthwith deposited in suitable vessels or receptacles, or in a properly constructed cart or carriage, which, when filled or loaded, shall be covered in such a manner as to prevent the emission of noxious or injurious effluvia from the contents thereof, and shall, with all reasonable dispatch, be removed from the premises. Floors and repar. Lime- washing. 56, Every glue maker shall cause every floor or pavement u P on the premises where his trade is carried on to be kept at all times in good order and repair, so as to prevent the absorption therein of any liquid filth or refuse, or any noxious or injurious matter which may fall or be deposited thereon. He shall cause every part of the internal surface of the walls and the ceiling of any building used for the process of boiling, cooling, cutting, or washing to be thoroughly washed with hot lime-wash during the period between the first and thirty-first day of March in every year. Emission 57. Every glue maker shall adopt the best practicable means vapours.*" 1 ^ rendering innocuous all gas or vapour emitted, during the process of boiling, from the contents of any pan upon the premises where his trade is carried on. He shall, in every case, either cause the gas or vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the gas or vapour without noxious or injurious effects, or shall cause the gas or vapour to pass directly from the pan through a fire or into a suitable condensing apparatus, or through a suitable con- densing apparatus and then through a fire in such a manner as effectually to consume the gas or vapour or to deprive the same of all noxious or injurious properties. Retention of decomposed materials. With respect to the trade of a size maker. 58. A size maker shall not cause or suffer any moist materials which, by reason of decomposition, have become useless for the purpose of size making to be kept for a longer WITH EESPECT TO THE TRADE OF A SIZE MAKER. 545 time than may be necessary in any part of the premises where his trade is carried on. Trade of a size maker. The general features of the trade of a size maker are similar to those of glue making. The materials used vary according to the quality of the size to be produced. They may, as in the making of coarse size, be similar to those used in glue making, but if size of fine quality is required, careful selection is necessary, and great care must be shown in the preparation of the material. To get rid of the surplus lime, weak hydrochloric acid is used, and, after boiling, the liquid size is run out into a vat, or into small tubs for sale. Provisions of the model byelaws. The model clauses comprised in the present series are exactly similar to those contained in the series as to the trade of a glue maker. The notes to that series should be referred to. 59. Every size maker shall cause all moist materials which Storage of have been received upon the premises where his trade is materials, carried on, and which are not required for immediate use, to be stored in such a manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom. He shall, where practicable, cause the materials to be dried before being deposited in that part of the premises which has been appropriated for the storage thereof. In every case, where by reason of the state of the weather or for any other sufficient cause, it may be impracticable to dry the materials, he shall cause the several pieces to be subjected to the action of a sufficient quantity of milk of lime, and to be closely stacked. 60. Every size maker shall cause all scutch, residue, or Collection refuse which has been removed from any boiling pan upon the *" scutch premises where his trade is carried on, and which is not etc. intended to be forthwith subjected to any further trade process upon the premises, to be deposited, immediately after removal from the pan, in a suitable chamber or shed, and in such a m;u..ier as to prevent the emission of any noxious or injurious effluvia from the scutch, residue, or refuse so deposited ; or to be ] -laced, immediately after removal from the pan, in bags or sacks, casks or barrels, which, when filled, shall be closed and fastened or covered in such a manner as to prevent the emission of noxious or injurious effluvia from the contents thereof. In every case, where the scutch, residue, or refuse has been deposited in a chamber or shed, he shall cause all the contents thereof to be removed from the premises within B. 2 N 546 SERIES XVI. OFFENSIVE TRADES. forty-eight hours after the deposit of the same in the chamber or shed. Cleansing of 61. Every size maker shall, at the close of every working day, cause every floor or pavement upon the premises where his trade is carried on to be thoroughly swept. He shall cause every floor or pavement elsewhere than in that part of the premises where the processes of drying and packing are carried on to be thoroughly washed once at least in every week. Collection of 62. Every size maker shall, at the close of every working day, cause every fragment of size, or of any material used in size making, which has fallen or been deposited upon any part of the premises where his trade is carried on to be collected and placed in a suitable receptacle. receptacles. Cleansing of pans, tanks, etc. Removal of waste lime. Floors and be^ep repair. Lime- washing. 63. Every size maker shall cause the interior and exterior of every boiling pan, and of every tank, vat, trough, or other receptacle upon the premises where his trade is carried on to be thoroughly cleansed from time to time as often as may be necessary to prevent any accumulation of filth in or upon the pan, tank, vat, trough, or receptacle. 64. Every size maker shall cause all waste lime which has been taken out of any pit upon the premises where his trade is carried on to be forthwith deposited in suitable vessels or receptacles, or in a properly constructed cart or carriage, which, when filled or loaded, shall be covered in such a manner as to prevent the emission of noxious or injurious effluvia from the contents thereof, and shall, with all reasonable dispatch, be removed from the premises. 65. Every size maker shall cause every floor or pavement upon the premises where his trade is carried on to be kept at all times in good order and repair, so as to prevent the absorp- tion therein of any liquid filth or refuse, or any noxious or injurious matter which may fall or be deposited thereon. He shall cause every part of the internal surface of the walls and the ceiling of any building used for the process of boiling, cooling, cutting, or packing to be thoroughly washed with hot lime-wash during the period between the first and thirty-first day of March in every year. WITH RESPECT TO THE TRADE OF A GUT SCRAPER. 547 66. Every size maker shall adopt the best practicable means Emission of of rendering innocuous all gas or vapour emitted, during the process of boiling, from the contents of any pan upon the premises where his trade is carried on. He shall, in every case, either cause the gas or vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the gas or vapour without noxious or injurious effects, or shall cause the gas or vapour to pass directly from the pan through a fire or into a suitable condensing apparatus, or through a suitable con- densing apparatus and then through a fire in such a manner as effectually to consume the gas or vapour, or to deprive the same of all noxious or injurious properties. \s* With respect to the trade of a gut 67. Every gut scraper shall cause all undried guts which Reception of have been received upon the premises where his trade is carried U1 on, and which are not required for immediate use to be placed in suitable vessels or receptacles, properly constructed of galvanized iron or of some other non-absorbent material, and furnished with closely fitting covers. He shall cause the several vessels or receptacles in which the guts have been placed to be covered and to be kept covered until it becomes necessary to remove the contents for actual use. Trade of a gut scraper. The small intestines of certain animals are used for the preparation of " catgut," fiddle-strings, sausage skins, and other articles. The substance designated catgut is obtained for the most part from the sheep. Occasionally it may be prepared from the gut of horses, asses, and mules. But catgut, in the literal sense, it never is. Sausage skins are made from the gut of hogs, and from the larger ends of other guts. The preparation of gut is a process which varies according to the article to be produced. The first stage, however, is, in every case, the operation of "scraping." For some ]!u-]insfs, Mich as the making of fiddle-strings, it is essential that perfectly fresh gut should be procured ; but where this is less material, guts frequently arrive at the scraping works in an offensive condition. Dried guts already scraped are in some cases imported from abroad. Before the guts are actually scraped, for whatever purpose they may be intended, the adherent feculent and fatty matters have to be got rid of. This may be effected by passing the gut through the fingers from one tub of water into another, or the contents are evacuated by water being run through from a tap. The gut is then soaked in salt and water, and afterwards in plain water, so as to soften the tissues. The scraping is performed with the back of a knife, or a piece of wood. The scraped gut is now further steeped in water. If the gut is intended to be made into sausage skins, no further preparation is necessary 2 .v 2 548 SERIES XVI. OFFENSIVE TRADES. at this stage ; it has merely to be salted and packed in barrels. If, however, it is destined for the making of catgut it is steeped in a weak solution of carbonate of sodium, which is changed twice a day for seven or eight days ; and at each change it is drawn through a " thimble," or hole formed at the angle of a piece of bent copper plate, to make it smooth and equal ; and then the smaller ends having been sewn together with a needle and thread it is spun into cords of varying thickness by means of a kind of spinning-wheel. The twisted cord is afterwards bleached by exposing it in a close chamber to the fumes of burning sulphur, and, finally, is stretched over pegs (in the open air, but under cover) and so dried. The preparation of fiddle-strings has naturally to be conducted with great care. For this purpose the best guts only are used, and the scraped gut, after being treated for several days with an alkaline solution of progressive strength (a small quantity of alum being added to the mixture), is drawn several times through the thimble, then spun, bleached with sulphur fumes, polished by friction with horse-hair, and dried in a hot room. * Treatment of undried guts. All authorities agree in stating that until a comparatively recent date no industry was more repulsive than that now under consideration. The nuisance which it occasioned was connected chiefly with the steeping of the guts (which gave rise to the most offensive effluvia), and the generally filthy condition of the works on which the trade was carried on. The storage of material on the premises for any length of time should never be allowed, and whatever undried material may be about should be kept in non-absorbent receptacles. The report of Dr. Ballard shows the absolute necessity for the most scrupulous cleanliness and care at every stage of the reception and treatment of the gut. " All undried gut brought upon the premises," he says, "should be brought in impervious vessels, which should not be opened except in the chamber where they are to be manipulated . . . . Any gut which arrives in an offensive condition should at once be placed in a deodorant solution ; and some antiseptic solution should (as appears to be practicable) be used for the soaking even of fresh guts on their first arrival." That it is not only desirable, but also perfectly practicable, to treat the gut in this way is demonstrated by more recent experience, which shows that where this method is adopted the process of gut scraping ceases to be a nuisance to the neighbourhood ; that the value of the gut is not depreciated by the use of the antiseptic, and that the scraping is not thereby rendered more difficult. Cleansing of floors and pavements during the day. 68. Every gut scraper shall, at frequent intervals during every working day, cause every floor or pavement upon the premises where his trade is carried on to be thoroughly swept and to be copiously sprinkled or washed with an effective deodorant powder or solution. Cleansing of 69. Every gut scraper shall, at the close of every working floors ;i l if 1 n r\ , i i pavements at ^ay, cause every floor or pavement upon the premises where end of day. his trade is carried on to be thoroughly cleansed. See Spon's Encyclopaedia of Manufactures and Raw Materials. WITH RESPECT TO THE TRADE OF A GUT SCRAPER. 549 He shall, at the same time, cause all refuse fragments of gut, Collection or other matter detached in the process of scraping, and all O f filth and garbage, filth, or other offensive matter to be collected and refuse. placed in suitable vessels or receptacles, properly constructed of galvanized iron or of some other non-absorbent material, and furnished with closely fitting covers, and containing a sufficient quantity of a deodorant solution. He shall cause the several vessels or receptacles, when filled, to be covered, and shall cause the vessels or receptacles with the contents thereof to be forthwith removed from the premises. He shall also cause every vessel or receptacle, when not in Receptacles actual use, to be kept thoroughly clean. c ea n ept 70. Every gut scraper shall, at the close of every working Cleansing of day, cause every bench or table, every tub, vessel, or utensil, u tensa^ etc. and every implement which has been in use during the day upon the premises where his trade is carried on, or which is in a foul or offensive condition, to be thoroughly cleansed with water containing a deodorant. 71. Every gut scraper shall, at the close of every working Cleansing of day, cause all filth or refuse which has been splashed upon any walls - part of the internal surface of any wall of any building upon the premises where his trade is carried on to be removed by scraping or by some other effectual means. 72. Every gut scraper shall cause the ceiling and the internal Lime- surface of every wall above the floor or pavement of any w building upon the premises where his trade is carried on to be thoroughly washed with hot lime-wash four times at least in every year, that is to say, at least once during the periods between the first and tenth day of March, the first and tenth day of June, the first and tenth day of September, and the first and tenth day of December, respectively. General conduct of business. Clauses 68 72 of the model series are clearly based on a recommendation of Dr. Ballard to the effect that " scrupulous cleanliness should be observed " by the gut scraper in the conduct of his business. "The floor should be kept constantly sprinkled with some deodorant solution, such as of carbolic acid or chloride of lime ; no unnecessary litter should be allowed, and any that may be made should be frequently swept up, and, together with refuse matters and scrapings, should be deposited, with the addition of a deodorant, in appropriate vessels made of some 550 SEEIES XVI. OFFENSIVE TEADES. impervious material, such as galvanized iron, and covered with covers of like material when not required to be open for use. At the close of each day's work the floor and walls to the height of the impervious portion should be washed down with water containing some deodorant, and all tubs, tables, benches, and utensils that have been in use should be similarly cleansed. The inner walls and ceilings should be periodically lime- washed. Walls, floors; and pave- ments to be kept in repair. 73. Every gut scraper shall cause every part of the internal surface of the walls of any building and every floor or pavement upon the premises where his trade is carried on to be kept at all times in good order and repair so as to prevent the absorp- tion therein of any liquid filth or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon. General Provisions. Drainage. 74. Every person to whom any of the foregoing byelaws may apply shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. Drainage of premises. The proper paving of the premises, and the provision of proper means of drainage, will go far, in certain respects, towards diminishing some of the noxious effects of these trades. Should the drainage be found in any case to be not "in good order and efficient action," the person carrying on the trade may in effect be required, under this byeluw, to undertake such works as are necessary to put it in proper order. AVith regard to structural details generally, reference should be made to the note on p. 519, as to the scope of the model byelaws. Inspection of 75. Every person to whom any of the foregoing byelaws premises. mav a ppjy shall, at all reasonable times, afford free access to every part of the premises where his trade is carried on to the Medical Officer of Health, the Inspector of Nuisances, or the Surveyor of the Council, or to any committee specially appointed by the Council in that behalf, for the purpose of inspecting the premises, Inspection of premises. The necessity for constant and systematic inspection of premises where offensive trades are carried on will at once be recognised. The necessary power of entry is conferred upon "the local authority or any of their officers" by s. 102 of the Public Health Act, 1875. As far as possible the work of inspection should be left to the officers named in this byelaw. In any case where members of the district council make such inspections, they should be specially authorised by the council to do so. PENALTIES REPEAL OF BYELAWS. 551 Penalties. 76. Every person who shall offend against any of the fore- Penalties, going byelaws shall be liable for every such offence to a penalty of five pounds, and in the case of a continuing offence to a further penalty of forty shillings for each day after written notice of the offence from the Council. Provided nevertheless that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty, of any sum less than the full amount of the penalty imposed by this byelaw. Recovery of penalties. As to the recovery of penalties see s. 251 of the Public Health Act, 1875, and note thereon in Lumley's Public Health, 5th ed., p. 333. Repeal of Byelaws. 77. From and after the date of the confirmation of these Repeal, byelaws, the byelaws relating to offensive trades which were made by the on the day of in the year one thousand eight hundred and , and were confirmed by [one of Her Majesty's Principal Secretaries of State] [the Local Government Board] on the day of in the year one thousand eight hundred and shall be repealed. Repeal of byelaws. If this clause is not included in the series submitted to the Local Government Board for approval, it should be stated whether or not there are any byelaws in force upon the subject. PLATE I. BYELAW 7. 36 ft. 6 ft. k ^ 6ft. -^ I ('/" of 36 ft) (ci Fig. 1 Shewing Construction of a 86 ft. street (with maximum rise permissible) BYELAW 11. ('' ^ ^ s\ x* \ /i V ' 1 V ^' >-^ * ^ >< V N / :< / \ r^- / H^ ^ >< ^ A / \ >< ' \ / \ / i [ ^ _ ^ s ^ 1 I Plan w f ^ ilf *>* ^ Er in r- 1 r f LtJL ^ 1 | ^-- ^i ! JU , 1 IP ^ 1 ^ -%^ | 3 1 P 5 Fig. 2 FLEMISH BOND \ I A x ^r. /\ /VT/\ i v Plan A /I Fig. 3 ENGLISH BOND BYELAW 11. PLATE II. T TT Fig. 4 Elevation Section HOLLOW WALL (Plan) Fig. 5 TIMBER FRAMED WALL (Plan) mm mm Section BYELAWS 15 & 17. FOOTINGS and DAMP COURSE PLATE III. Fig. 6 BYELAW 15 28 at least - Concrete Diagram shewing footings of a 14" Fig. 7 BYELAW 17 \Dampcourse 6" und level Diagram shewing position of Damp Course Fig. 8 BYELAW 17 Floor j22 m cr.^-"--.'^ 55V5.-S.Vr: p 5$^ + Diagram shewing Damp Course beneath a door opening where the floor is at or about the same level as the ground outside Fig. 9 Proviso to Byelaw 17 Diagram shewing position of Damp Courses where there M a basement storey PLATE IV. BYELAW 19. THICKNESS OF WALLS DOMESTIC BUILDINGS Fig. 10 60 to 60 ft. high (o) SO to 40 ft. high m *5*oS0/t. 1 W h 9 i 'p tot6 ft. high 3 * a 1 , _ _ a 1 _ a'* Ji Jfl X a 9 , u!> i i JVot Exceeding exceeding SO ft. in 30 /K. in length, or length or two itoreyi two stortyt in in keig/U 2 = i__i /Tot Exceeding exceeding 36 ft. in 36ft. in Itngtk & 3 3% 40to (d) 60, rt ft. high rf. Hi. & y$ u% 16 at ifl & IS 22 13 a Bi at (0 18 M IH /(5 ZZ exceeding SOfl. in Sxeeeding SOft. bvA not US ft. in length Sxeeeding It6ft. in length Not Sxeeeding exceeding 1,5 ft. in 16 ft. in length length (<*) PLATE V. BYELAW 19. THICKNESS OF WALLS DOMESTIC BUILDINGS s 'Oft. (i) to 100 ft. high Fig. 11 W 80ft. to 90 ft. high M ' I ^/ (9) t. to 80 ft. hi{} A K's M . I GO. 0* 13', ft. to 70ft. higt an "* t. B'l U'i 13'i _ 4'J 3 Oi t?'s /a M I3<3 13'k 18-W 18 18 18*4* <8'4S _ BASE fi S Z 2 A3* S'4* 4* 2 '4*4 18 IB 8 22 4i 4> 4; M 18 22 18 22 22 6 "1 L 2 W-4'2 ?2*4 !24-)4 64> - *4 4 ^^/ \i__w \/ \/ \/ \/ \ Not Exceeding Not Exceeding Not Exceeding Not Exceeding exceeding 45/1. in exceeding 45 /t. in excelling U> feet in exceeding U> feet in ItSfl.in length tfft.in length A5./1. in length ItSft.in length length length length length. (f) (a) (*) (0 PLATE VI. BYELAW 20. THICKNESS OF WALLS PUBLIC AND WAREHOUSE BUILDINGS Fig. 12 () . high (6) T XS to 30 ft high 10 *5/f. high IiT 2~o- *0 1 t.C 3"?y K ^>k JL o^i Fig 1 15 ? li 5 i / % " tr- * - Fig. 39 BYELAW 66 TRAP PLATE XVII. VENTILATION OF DRAINS Fig. 40 BYE LAWS 65&66 Section illustrating arrangement (a) Jyp BOUNDARY FENCE Plan illustrating arrangement (a) Fig. 41 Section illustrating arrangement (b) PLATE XVIII. Fig. 45 Fig. 44 f BELL' TRAP Diagram shewing the arrangement of anti syjthonage pipe < BELL' TRAP 'DIP' or with grating removed < LIP' TRAP Fig 48 VAL VE ' CLOSET Fig. 46 PAN' CLOSET D TRAP Fig. 47 LONG HOPPER 1 Fig. 49 ' WASH OUT' CLOSET Fig. 60 WASH DOWN' CLOSET PLATE XIX. Fig. 42 SLOP CLOSET (Duckett & Son's Patent) rsr*" ^^"r':''' : 3?iffi$'^%fi a l~"~ 1 i L-..F " 1 1 1 1 1 i : 1 1 1 1 1 1 ^^^jir i ' 1 1 1 - w ,, 4, -- , ' I 1 ' ' 1 i i L. Plan Fig- 43 TltO UGH CLOSET PLATE XX. PRIVIES Fig. 51 Earth Closet or Privy with Fixed Receptacle Fig. 52 Earth Closet or Privy with Movable Receptacle 1) E X. INDEX. A. ABATEMENT OF NUISANCE, order made on owner of refuse-tip, 39. where structural alterations are required, 65. ACCESS to ashpit, for cleansing, 191. buildings (secondary), 100, 106. common lodging-house, 55. other lodging-houses, for inspection, 450. new building, for inspection, 207, 208. new street, for inspection, 207, 208. premises, where offensive trade is carried on, for inspection, 549. privy, for cleansing, 187. slaughter-houses, for inspection, 256. ACCIDENTS at open bathing-place, 314. ACCOUNTS OF PUBLIC BATHS AND WASHHOUSES, of the engineer, 365. money-taker (baths), 351. (washhouses), 355. superintendent, 335 345. ACCUMULATIONS OF FILTH, nuisance from, 39. See also SCAVENGING. ADVERTISEMENT of proposed byelaws, 11. AGRICULTURAL BUILDINGS, exemption, 94. AGRICULTURE, filth used for purposes of, 38. AIR, movement of, in soil, 108. AIR-SPACE in common lodging-house, 52, 59. other lodging-houses, 449. ALTERATION of buildings erected under byelaws, 148, 149, 151, 154, 209. work in contravention of byelaws, 209. [1 ] INDEX. ANIMALS, feeding of, in street, 273. harness of, 279, 403. in knacker's yard, use of, 246. lodging-house, 462. market, size of pens, 230. pleasure ground, 382, 383. slaughter-house, 256 259. keeping of, local authorities empowered to make byelaws, 30. memorandum of Local Government Board, 29. model byelaws, 41. unfit, use of, 279, 403. ANIMALS STANDING FOR HIEE, drivers and conductors, conduct, 402 405. licensing, 397. qualification, 398. licensing of drivers and conductors, 397. local authorities empowered to make byelaws, 398. memorandum of Local Government Board, 397. model byelaws, 399. rates of hire, 401. stands for, 400. ANTI-SYPHONAGE PIPES, provision of, 175, 177. APPEAL against byelaws (baths and washhouses), 312. APPLICATIONS for confirmation of byelaws, 12. licences for slaughter-houses, 247 251. APPROVAL of byelaws (baths and washhouses), 315. plans, conditional, 202. duty of local authority, 201. refusal of, 202. ARCH, carrying flue, 143. over drain passing through a wall, 167. over recess in wall, 137. ASHES, nuisances from, 29, 33 36. ASHPITS, capacity, 192. cleansing, 17, 25. construction, 191 194. general powers of local authority, 177. movable, construction, 193. of common lodging-houses, 67. other lodging-houses, 461. [2] INDEX. ASHPITS continued. position of, 191, 192. what are, 25, 192. ASHTUBS, deposit of, on footways, 34. ASPHALTING of building sites, 108. ASSEMBLY ROOMS, a public building, 87. ASSES. See ANIMALS STANDING FOR HIRE. ASYLUM BUILDINGS, exemption, 91, 93. ATTENDANT, of bathing machines, duties of, 300 303. public baths (female), duties of, 332, 360. (male), duties of, 332, 357. public washhouses, duties of, 332, 362. AUTO-CABS. Bee MOTOR-CABS. AVIARY, exemption, 91. B. BACK-FARES for hackney carriages, 287. BACK STREETS not to be reckoned as open space 152. width of, 100. BACK-TO-BACK HOUSES, report on, 154. BADGES of hackney-carriage drivers, 279. BAD LANGUAGE in pleasure grounds, 393. BALLARD, DR., on effluvium nuisances, 518, 519. keeping of animals, 41, 45. offensive trades, 518, 519. BALL ROOM a public building, 87. BASEMENTS, structure of, 117. BATH CHAIRS generally. See HACKNEY CARRIAGES. in pleasure grounds, 383, 384. BATHING, REGULATION OF. See BATHING MACHINES ; OPEN BATHING PLACE ; PUBLIC BATHING ; and PUBLIC BATHS. [3] INDEX. BATHING DRESS, use of, 302. BATHING MACHINES, boats to be kept at a distance from, 306. byelaws regulating bathing from, 299. charges for use of, 303 305. Crown, rights of, byelaws not to affect, 307. hire of, by the season, 305. licence for letting of, 297. moved by hand, 303. moving of, for safety and convenience of bathers, 301, 303. obstruction by, of seashore or strand, 302. stands for, 299. to be sent out when required, 303. use of, 302, 303. what are, 297. BATHING PLACE (OPEN). See OPEN BATHING PLACE. BATHS AND WASHHOUSES ACTS, adoption, 314. byelaws under, 311 373. execution of, 315. BATHS (PUBLIC). See PUBLIC BATHS. BAY WINDOWS, construction of, 130. BEAMS, definition, 138. in party walls, 138. BICYCLES, conveyance of, on hackney carriage, 275. use of, in pleasure grounds, 383, 384. BLOOD BOILER, trade of, 521. BLOOD DRIER, trade of, 523. BOARD OF TRADE, report to, of Captain Wilson, on pleasure boats, 417, 431, 433. BOATMEN, conduct of, 430433. licensing, 409413. qualification, 429, 430. BOATS AND VESSELS. See PLEASURE BOATS AND VESSELS. BONDING of walls, 110, 115. BOND TIMBERS in party walls, 138. [4] INDEX. BONE BOILER, trade of, 518, 524. BOWLING GREENS in pleasure grounds, 389. BRAKES for hackney carriages, 283. BRESSUMMERS, bearing of, 139. definition of, 138. in party walls, 138. BREWERY a building of warehouse class, 87. BRICK-MAKING not an " offensive trade," 514. BRIDEWELL, exemption of, 91. BROTHELS, lodging-houses used as, 62. BUILDING, secondary means of access to, 100, 106. unfit for habitation, closing of, 196 199. \vhat is, 82. See also NEW BUILDINGS. BUILDING OF THE WAREHOUSE CLASS, definition, 87, 90. walls of, 125, 128. BUILDING SITES, preparation of, 106 109. unhealthy, 106109. BUILDINGS, agricultural, exemption, 94. alteration of, 209. colliery, exemption, 94. Crown, exemption, 90. definition for purposes of Public Health Acts Amendment Act, 1890... 90. domestic. See DOMESTIC BUILDING. exempted, 90 97. existing, application of byelaws to, 90. farm, exempt ion, 94. in market place, u^c of, 229 232. in rural districts, byelaws suitable for regulation of [addenda, p. xxix.]. iron, 95. new. See NEW BUILDING. of warehouse class. See BUILDING OP THE WAREHOUSE CLASS. public. See PUBLIC BUILDING. railway, exemption, 94. regulated by Secretary of State, exemption, 91, 94. [5] INDEX. BUILDINGS continued. under Acts for improvement of land, exemption, 91, 94. what is, 82. workhouse, 95. BURIAL, duty of relieving officer, 501. of dead body deposited in mortuary, 500, 502, 507, 508. of persons dying of infectious disease, 508. powers of board of guardians, 501. right of, 474. See also CEMETERIES. BURIAL FEES, charging of, 476, 494. BURIAL GROUNDS, byelaws as to, 474. regulations of Secretary of State, 487. See also CEMETERIES. BYELAWS, approval, 315. confirmation, 12, 219, 246, 271, 298. evidence of, 13, 313. Local Government Board, observations of, 9. Lord Russell, C.J., on, 8. . offenders against, removal of, from pleasure ground, 381. public baths and washhousesand open bathing places, 322, 327, 330. procedure in submitting, 10. publication, 13, 312. sealing, 12. 0. CANAL BUILDINGS, exemption, 91, 93. CARETAKER of mortuary, 504. CARPET BEATING in pleasure grounds, 390. CARRIAGE ROADS, streets required to be, 99. width of streets intended to be, 98. CARRIAGE WAY, cleansing, 33 36. construction, 101, 102. width, 101, 102. CARRIERS in market place, 235 237. CARTS in market place, 232, 234. scavengers', construction, 36. [6] INDEX. CATTLE in market place, 227230, 232. keeping of, 41. CAVITY WALLS, construction of, 111, 117, 118. CEMETERIES, burial in or near chapel, 473. private grave, consent of owner, 473. right of, 474. burials, registration of, 473. byelavvs, local authorities empowered to make, 471. scope of, 473. Cemeteries Clauses Act, 1847, application of, 472. certificate of death, production of, at burial, 473. chapels, burial in or near, 473. erection of, 472. services to be performed in, 472, 473. ventilation of, 482. chaplain, appointment of, 472. charges for use of, 494. consecrated ground, 472. contamination of air, 479. cremation, 476. damage, 473. decomposition of bodies, time required for, 484, 486. disinterment of bodies, 477. distance of, from dwelling-house, 472. disturbance of funerals, 473. drainage, 480. exclusive rights of burial, 473. fees for burials, 476, 494. fences, 472, 483. firearms, 473. games, playing of, 473. grave, definition of, 489. grave-diggers, appointment, 473. graves, depth of, 491. planting, etc., of, 477. register of, 486. re-opening of, 484, 486, 490. repair, planting, etc., of, 477. size of, 484. space between, 485, 491. turfing, etc., of, after burial, 493. (common), burial in, of more than one body at a time. 490. (private), burial in, consent of owner, 473. grave spaces, size of, 484. grave stones, 473, 478. loans for purposes of, 478. local authorities empowered to make byelaws, 471. memoranda of Local Government Board, 471, 478. misconduct in, 493. model byelaws, 489. B. 2 o [ 7 ] INDEX. CEMETERIES continued, monuments, 473, 478. nuisances, 473. plan of, and book of reference, 473, 487. planting, etc., of graves, 477. pollution of air and water, 478, 479. provision of, when obligatory, 471. register of burials, 473. grants of exclusive rights of burial, 473. graves, 486. regulations of Secretary of State, 487. removal of bodies after burial, 477. right of burial, 474. assignment, 473. sanitary requirements of, memorandum of Local Government Board, 478. servants, appointment of, 473. site, 480. soil, 480. effect of, on decomposition, 486. sports in, 473. sufficiency of space in, 483. vault, closing of, after burial, 492. definition of, 489. structure of, 489. water, pollution of, 479, 482, CEMETEEIES CLAUSES ACT, 1847, incorporation of, 472. CERTIFICATE of fitness of house for occupation, 208. registrar or coroner, production of, at burial, 473. CESSPOOLS, capacity, 196. cleansing, 17, 25, 35. construction, 194 196. drainage into, cannot generally be prevented, 25. filth from, used as manure, 39. position of, 194. CHAPEL, a public building, 87. mortuary. See CEMETERIES. CHAPLAIN, appointment of, for cemetery, 472. CHASES in walls, 137. CHECK STRINGS for hackney carriages, 282. CHIMNEY BACK, construction of, 142. CHIMNEY BREAST, construction of, 141. [8] INDEX. CHIMNEY POTS, fixing of, 146. CHIMNEY SHAFTS of factories, etc., 144. CHIMNEY STACKS, damp courses in, 118. CHIMNEYS, construction, 140 146. size of, 144. See also FLUES. CHURCH a public building, 87. CHURCHYARD, mortuary in, 506. CIRCULAR LETTERS of Local Government Board as to cemeteries, 472 474. on model byelaws, 3. CISTERNS, cleansing of, 462, 463. CLEANSING of ashpits, 17. carriage way, 33 36. cesspools, 17, 25, 35. cisterns, 462, 463. earth closets, 17, 22. footways, 17, 20, 3136. lodging-houses, 458 464. market place, 231, 232. pavements, 17, 20, 3136. premises on which offensive trades are carried on, 523 et seq. privies, 17, 24, 35. public baths, 349, 357, 360, 369. washhouses, 349, 363, 369. slaughter-houses, 257, 258. streets, 20, 3136. COAL-HOUSE, extra space to be allowed for, 153. COCKLE, what is, 141. COLLEGE a public building, 87. COLLIERY, exemption, 91, 94. COLUMNS for support of bressummers, 139. 2 o 2 [ 9 ] INDEX. COMMON LODGING-HOUSES, ashpits of, 67. beds and bedding, 61, 63, 68, 71. byelaws, obligation to make, 53. to be displayed, 71. cleansing of, 62 et seq. earthclosets of, 64, 65. infectious disease in, 68. inspection, 51, 55. keeper, who is, 55. kitchens of, 70. lavatory accommodation, 53, 63. lodgers, number of, 5761, 71. memorandum of Local Government Board, 49. model byelaws, 57. nuisance in, structural alterations to abate, 65. privies of, 64. privy accommodation, 65. registration of, 51, 54. separation of the sexes in, 61. sleeping arrangements, 61, 70. structural alterations to abate nuisance, 65. arrangements of, 51, 55. use of, as brothels, 62. ventilation of, 67. waterclosets of, 64, 65. what are, 49, 53. COMMON SEAL, parish council may not use, 12. COMPANIES CLAUSES CONSOLIDATION ACT, 1845, incorporation of, with Baths and Washhouses Acts, 312. CONCERT BOOM a public building, 87. CONCRETING of site of new building, 108. CONDUCT of boatmen, 430433. carriers in market, 235. conductors of animals standing for hire, 402 405. drivers of animals standing for hire, 402 405. hackney carriages, 272 279. persons in cemetery, 493. mortuary, 508. proprietors of hackney carriages, 272 279. CONDUCTORS OF ANIMALS STANDING FOR HIRE, conduct, 402405. licensing, 397. qualification, 398. [10] INDEX. CONFIRMATION OF BYELAWS, as to hackney carriages, 271. markets, 219. public bathing, 298. slaughter-houses, 246. effect of, 13. objections to, 12. preliminaries to, 11. CONSERVATORIES, exemption, 91, 94. CONSIGNMENTS of filth, 37, 40. CONVEYANCE of bicycle on hackney carriage, 275. dead body, 274. filth and refuse, 30, 3338, 40. infected person, 275. luggage on hackney carriage, 275. COPING of walls, 136. CORBELS, structure of, 115. CORNICES, byelaws cannot regulate, 115. CORNWALL, DUCHY OF, rights in foreshore, 307. CORPSE. See DEAD BODY. COWSHED, drainage, 43, 45. paving of floor, 44. receptacle for dung, 43. CREMATION of dead body, 476. CREW of pleasure boat, 432, 433. CRICKET in pleasure ground, 388, 389. CROSS STREET, construction of, favoured, 99. CROSS WALLS, materials for construction of, 114. thickness of, 128, 129. when deemed return walls, 119, 120. CROWN, property of, exemption, 90, 92. rights of, in foreshore, 307, 434. [11 ] INDEX. CRUELTY, PREVENTION OF, in slaughter-house, 256, 257. CURTILAGE, definition of, 167. CYCLING in pleasure grounds, 383, 384. D. DAMP COURSES, in chimney stacks, 118. parapets, 118. walls, 117, 118. DANGER SIGNAL for pleasure boats, 431. DANGEROUS INFECTIOUS DISORDER, removal of patient to hospital from lodging-house, 466. See also INFECTIOUS DISEASE. DEAD BODY, burial, responsibility of guardians, 501. overseer, 474, 475. relieving officer, 501. conveyance of, in hackney carriage, 274. disinterment of, 477. no property in, 475. obligation to bury, 474 476. removal of, from cemetery, 477. mortuary, 501, 507, 508. DEODORANTS, earths suitable for, 24. supply of, by local authority, 24. DEPOSIT of byelaws for inspection, 11. filth, nuisance from, 37 40. DEVON foreshore, rights in, 307. DISINTERMENT of dead bodies, 477. DISTILLERY, a building of warehouse class, 87. DISTRESS, exemption from, of goods in market, 226. DOCK, exemption, 91, 93. DOGS in pleasure grounds, 388. slaughter-house, 258, 259. DOMESTIC BUILDING, definition, 87 open space about, 148 159. walls of, 120, 123, 128. [ 12] INDEX. DORMER, definition, 132. DOUBLE WALLS, structure of, 111, 117, 118. DOWN SPOUTS as drain ventilators, 173. provision of, 164. DRAINAGE of ashpit prohibited, 193. cemetery, 480. cesspool prohibited, 194. dwelling-house, certificate as to, 208. lodging-houses, 440. new buildings, 163177. premises on which offensive trades are carried on, 550. privy prohibited, 191. slaughter-house, 244, 257, 258. stables, etc., 43, 45. subsoil of building sites, 163. DRAINS, building over, 165. communication of, with sewer, 164. with, of privy or ashpit prohibited, 191, 193. construction of, 165. covering up of, notice, 205. definition of, 163. discharge of hot liquids into, 526, 541. disconnection of, from sewer, 168. duplicate, 164. inlets to, 174, 175. junction of, 168. of lodging-houses, 458. separate, for sewage and surface water, 164. trapping of, 167. ventilation of, 168174. DRIVER OF HACKNEY CARRIAGE, badge, 279. conduct, 272279. conveyance by, of dead body, 274. infected person, 275. luggage, 275. feeding animals in street, 273. hours for plying for hire, 280. lamps, lighting, etc., of, 278. loitering, 273. rate of speed for driving, 275. refusing to drive, 287. smoking, 273. to keep appointments, 277. harness in order, 279. [13] INDEX. DRIVER OF HACKNEY CARRIAGE continued. to obej* constable directing traffic, 274. search carriage after hiring, 278. touting, 274. use of stands, 276. unfit animals, 279. DRIVER OF HORSES, PONIES, ETC., STANDING FOR HIRE, conduct, 402. licensing, 397. qualification, 398. DRUNKENNESS in pleasure ground, 392. on pleasure boat, 431. DUNG OF ANIMALS, pollution by, of water, 41. receptacle for, 43. DUNG PIT, construction, repair, and cleansing of, 43. DUST, nuisances from, prevention, 29, 33. See also HOUSE REFUSE ; SCAVENGING. DUST CART, construction of, 36. driver leaving unattended, 37. obstruction by, 37. DWELLING-HOUSE, certificate of fitness for habitation, 208. distance from, of ashpit, 191. cemetery, 472. cesspool, 194. pig-stye, 41. privy, 191. slaughter-house, 243. what is, 87, 90. See also DOMESTIC BUILDING. E. EARTHCLOSETS can be regulated, but not prohibited, 23. cleansing, 17, 22, 34. construction, 177179, 183187. indoor, 178, 186. prohibited, 187. lighting, 178, 179. of common lodging-houses, 64. other lodging-houses, 452 454, 459, 460. powers of local authority, 177. ventilation, 179. what are, 23. [14] INDEX. EARTHCLOSETS continued. with fixed receptacles, 183 186. with movable receptacles, 184 186. EFFLUVIA, NOXIOUS OR OFFENSIVE, prevention and destruction of, 39, 40, 522. ELEVATIONS of buildings, 205. ENGINEER of public baths and \vashhouses, duties of, 365. ENTRANCE to new street, 103. ESTABLISHED CHURCH, burial service, performance of, in cemetery, 472. chaplain, appointment of, for cemetery, 472. consecration of part of cemetery, 472. EXHIBITION ROOM a public building, 87. EXTERNAL WALLS, . cavity, 111. coping of, 136. half -timber, 112. hollow, 111. materials for, 109. openings in, 130. parapets in, 131, 132. recesses in, 137. thickness of, 120, 125, 129. tile-hung, 114, 130, 131. timber-framed, 112, 130, 131. what are, 87, 89. woodwork in, 131. F. FACTORY a building of warehouse class, 87. chimney shaft of, 144. FARE PLATES for hackney carriages, 290. FARES FOR HACKNEY CARRIAGES, "back laivs," 287. extra payments, 287. persons, 289. fixing of, 286. publication of, 290. recovery of, 289. return lares, 287. special, after midnight, 288. waiting, charge for, 288. [15] INDEX. FARES FOR PLEASURE BOATS, fixing of, 420429. non-payment of, 423. FARM BUILDINGS, exemption, 94, FARMS, piggeries on, 42. FAT EXTRACTOR, trade of, 537. FAT MELTER, trade of, 537. FELLMONGER, trade of, 526. FILTH, consignments of, 37. nuisances from, 29, 33 40. removal, byelaws tinder Public Health Act, 1875... 29, 3340. Public Health Acts Amendment Act, 1890... 30. what is, 30. FIREARMS in cemetery, 473. FIREMAN OF PUBLIC BATHS AND WASH HOUSES, duties of, 368. FIREPLACES, provision of, 162. FIRES, PREVENTION OF in market place, 229. new building, 106. FISH CURER, trade of, 518. FISH MANURE, nuisance from, 40. FISH OFFAL, trade of dealer in, 518. FLUE, construction, 140 145. definition, 140. FLUSHING, of waterclosets, 180. FOOTBALL in pleasure grounds, 388, 389. FOOTINGS of walls, 116. FOOTWAYS, ashtubs on, 34. [16] INDEX. FOOTWAYS continued. cleansing of, 17, 20, 3136. construction, 101. width, 101, 102. FOEESHORE, RIGHTS IN, byelaws not to affect, 307, 434. of Crown, 307, 434. duchy of Cornwall, 307, 434. other persons, 307, 434. FOUNDATIONS of new buildings, 106109. covering up of, notice, 205. of walls, 117. FOWLS in slaughter-houses, 259. FRIED FISH BUSINESS, whether an offensive trade, 518. FRUIT PICKERS' LODGINGS, model byelaws, 6. G. GAMES, PLAYING OF, in cemetery, 473. pleasure grounds, 388 390. GAOL, exemption, 91. GASWORKS, n on -exemption of, 95. GATHERING of chimney, what is, 140. GIRDERS, templates for, 139. GLUE MAKER, trade of, 541. GOAT CHAISES. See HACKNEY CARRIAGES. GOLF, PLAYING OF, in pleasure grounds, 389. GRAVE-DIGGERS. See CEMETERIES. GRAVES. See CEMETERIES. GROUTING of walls, 110. GUARDIANS, powers of, as to burials, 501. GUT SCRAPER, trade of, 546. [17 ] INDEX. H. HACKNEY CARRIAGES, animals drawing, 273, 279. auto-mobile vehicles, 268, 276, 283, 284. brakes, 283. byelaws, application of, 268. confirmation, 271. check strings, 282. conveyance in, or on, of bicycle, 275. dead body, 274. infected person, 275. luggage, 275. definition, 265. distance they may be compelled to drive, 285. drivers' badges, 279. conduct, 272279, 287. licensing, 268. touting, 274. fare plates, 290. fares, list of, 286289. recovery of, 289. return (" back fares "), 287. special, after midnight, 288. furnishing of, 282. lamps, provision and lighting of, 278, 283. licensing, 267, 268. local authorities empowered to make byelaws, 267. loitering in public thoroughfares, 273. memorandum of Local Government Board, 265. model byelaws, 272. motor cabs, 268, 276, 283, 284. number of, how to be displayed, 280. animals to draw, 281. persons to be carried by, 267, 271, 281. property left in. 278, 290. proprietors, conduct of, 272 279. rubber-tyred, 283. searching of, for left property, 278. speed of, 275. standing or plying for hire, hours for, 280. what is, 269. stands for, 276, 284. waiting, charge for, 288. HALF-TIMBER WALLS, construction of, 112. HARBOUR, exemption, 91. HARNESS OF ANIMALS, drawing hackney carriages, 279. standing for hire, 403. [18] INDEX. HEARTHS, structure of, 145. HEIGHT of rooms, 161. HIGHWAY, obstruction of, by dust cart, 37. snow on, 32. HIRE, STANDING OR PLYING FOR, what is, 269. HOLLOW WALLS, construction of, 111, 117, 118. HOP KILN, provision as to, 141. HOP PICKERS' LODGINGS, model byelaws, 6. HORSES STANDING FOR HIRE. See ANIMALS STANDING FOR HIRE. HOSPITAL a public building, 87. not an offensive trade, 519. removal to, of infected persons, 68, 466. temporary, exemption, 92, 95. HOUSE OF CORRECTION, exemption, 91. HOUSE REFUSE, definition, 21. removal, 17. byelaws under Public Health Act, 1875. ..17, 21. Public Health Acts Amendment Act, 1890, 19, 22. HOUSES LET IN LODGINGS, air space in, 449. animals, keeping of, 462. ashpits in, 461. byelaws, application of, 438, 441, 443. local authorities empowered to make, 440. cisterns, cleansing of, 462, 463. cleanliness, promotion of, 459. cleansing, 458 464. drainage, 440. earthclosets in, 452, 454, 459, 460. exempted houses, 447. infectious disease in, 465, 466. inspection, 450, 451. landlord, definition, 445, 446. duties of, 446466. landlord's rooms, exempt from byelaws, 443. limewashing, 464. local authorities empowered to make byelaws, 440. [19 ] INDEX. HOUSES LET IN LODGINGS continued. lodger, definition, 445, 446. duties of, 448. memorandum of Local Government Board, 437. model, byelaws, 445. application of, 441, 443. notices in case of infectious disease, 465, 466. obstruction of officers inspecting, 451. occupants, number of, 438, 447 449. paving of courts and yards, 464. privy accommodation, 451 460. proprietor, duties of, 446. registration, 439, 449. seamen's lodgings, 443. separation of sexes in, 439, 449. structural details, landlord responsible for, 459. ventilation, 463, 465. waterclosets in, 452 454, 458, 459. working class, 443. yards, paving of, 464. I. INDECENT EXPOSURE OF THE PERSON while bathing, 296, 297, 301. INFECTIOUS DISEASE, burial of persons dying of, 508. conveyance in hackney carriage of person suffering from, 275. exclusion from public baths of person suffering from, 322. in common lodging-houses, 68. other lodging-houses, 465, 466. INQUEST on body deposited in mortuary, 508. INSPECTION of byelaws before confirmation, 11. common lodging-houses, 51, 55. lodging-houses, other than common lodging-houses, 450. 451. new streets and buildings, 205 208. offensive trade premises, 549. slaughter-houses, 256. INTERPRETATION OF TERMS in byelaws, 87. IRON BUILDINGS, exemption, 95. J. JAMBS of chimney openings, 141, 142. JOISTS, definition, 138. in party wall, 138. space between, to be stopped, 139. [20] INDEX. JUSTICE, order of, for removal of body to mortuary, 500. infected person to hospital from lodging-house, 467. K. KEEPER of common lodging-house, who is, 55. KEEPING OF ANIMALS, model byelaws, 41, 462. what constitutes " keeping," 42. KEEBING of new street, 102. L. LAMPS of hackney carriages, 278, 283. LANDLORD OF LODGING-HOUSE, duties of, 447466. rooms of, exempt from byelaws, 443. ' who is, 445, 446. LANTERN LIGHT, definition, 133. LAWN TENNIS in pleasure ground, 389. LAYING OUT of new streets, 81, 97100. LEATHER DRESSER, trade of, 532. LECTURE ROOM a public building, 87. LEFT PROPERTY. See HACKNEY CARRIAGES. LEVEL of lowest storey of building, 164. new streets, 97. LICENSING of bathing machines, 297. carriers in market-place, 236. hackney carriages, 267, 268. pleasure boats and boatmen, 409 413, 417. slaughter-houses, 242, 245, 247254. LIFE-SAVING APPARATUS for open bathing place, 314, 372. pleasure boat, 431, 432. [21] INDEX. LIGHTS on hackney carriages, 278, 283. LOAN for cemetery purposes, 478. LOCAL ACT, effect of, on power of making byelaws as to new buildings, 133, 162, 200. new streets, 98, 99. nuisances, 30. scavenging, 18. LOCK-UPS, exemption, 91, 93. LODGERS, duties of, in lodging-houses, 448. number of, in common lodging-houses, 57 61. who are, 445, 446. LODGING-HOUSES. See COMMON LODGING-HOUSES ; HOUSES LET IN LODGINGS ; SEAMEN'S LODGING-HOUSES. LOITERING in public baths, 319. of hackney carriage in public thoroughfare, 273. LONDON GOVERNMENT ACT, 1899, provisions of, 315. LONDON MANURE, observations on, 41 n. LUGGAGE, conveyance as, of bicycle, 275. of, on hackney carriage, 275, 288. LUNATIC ASYLUM, exemption, 91, 93. M. MANUFACTORY a building of the warehouse class, 87. MANURE, deposit of, in field, order made on landowner to abate nuisance, 39. London, what is, 41 n. nightsoil, treatment of, on land, 39. nuisances from, report of Dr. Parsons, 41 n. periodical removal of, 29. See also FILTH. MANURE MERCHANT, trade of, 515. MARKET DAYS, fixing of, 234. [22] INDEX. MARKET GARDENS, piggeries in, 42. MARKET PLACE, buildings in, use of, 229232. carriers in, 235 237. cleansing of, 231, 232. cleaving meat in, 229. fires and lights in, 229. goods, etc., to be placed in prescribed parts of, 227. nuisances in, 231 233. obstructions in, 230 234. pens, size of, 230. refuse, removal of, 231. stalls, pens, and standings, use of, 229 232. time for bringing in cattle and goods, 228. opening and closing market, 234. removing goods, 228. use of, 227 et seq. vehicles in, 232234. MARKETS, carriers in, 235 237. disturbance of, 223. local authorities empowered to make byelaws, 217. memorandum of Local Government Board, 215. model byelaws, 227. rents, 217, 219. selling in, 221. stallages, 217, 219. tolls, 217, 219, 229. MARKETS AND FAIRS CLAUSES ACT, 1847, byelaws under. See MARKETS. MATRON of public baths and washhouses, duties of, 332, 348. MERCHANT SHIPPING ACT, 1894, byelaws under, 56. rules under, 432. METAL in chimneys, 144. METROPOLITAN POLICE DISTRICT, model byelaws inapplicable in, as to nuisances, 33 37. scavenging, 21, 24, 25. MINES, exemption, 91, 94. MIXED BATHING, byelaws as to, 297. B. 2 p [ 23 ] INDEX. MODEL BYELAWS, alteration of buildings, 209. animals, keeping of, 41 45. standing for hire, 399. ashes, nuisances from, 33 37. ashpits, cleansing, 25. construction of, 191 194. asses standing for hire, 399. bathing machines, 299 305. bathing, public, 299, 328. baths, public, 317, blood boiler, 521. drier, 523. boatmen, 416433. bone boiler, 524. buildings, alteration of, 209. closing of, 196199. new, 106196. carriers in market place, 235. cemeteries, 489. cesspools, cleansing, 25. construction, 194 196. chimneys, 140 146. closing of buildings, 196 199. common lodging-houses, 57. drainage of buildings, 163 177. drivers of hackney carriages, 272 291. dust, nuisances from, 33 37. earthclosets, cleansing, 22. construction, 177179, 183187, 454, 455. fat extractor, 537. melter, 537. fellmonger, 526. floors, 147. footways and pavements, cleansing, 20. foundations, 106109. fruit pickers' lodgings, 6. glue maker, 541. gut scraper, 547. hackney carriages, 272. hearths, 145. hop pickers' lodgings, 6. horses standing for hire, 399. house refuse, removal, 21. houses let in lodgings, 445. leather dresser, 532. lodging-houses, 57, 445. markets, 213. mortuaries, 507. mules standing for hire, 399. now buildings, 106196. streets, 97 106. nuisances, 31. INDEX. MODEL BYELAWS continued. offensive trades, 521. officers and servants of open bathing place, 371. public baths and wash houses, 331. omnibuses, 6. open bathing places, 328. space about buildings, 148 159. pavements, cleansing, 20. paving of yards, 162. plans and sections, deposit of, 200205. pleasure boats and vessels, 306, 379, 414. grounds, 380. ponies standing for hire, 399. privies, cleansing, 24. construction, 187191, 456 458. proprietors of hackney carriages, 272 291. pleasure boats, 414. public bathing, 299. baths, 317. washhouses, 323. pulling down work in contravention of byelaws, 205, 209 211. recreation grounds, 378. roofs, 146, 147. rooms, height of, 161. rubbish, nuisances from, 33 37. scavenging, 20. secondary means of access to buildings, 106. size maker, 544. slaughter-houses (proprietary), 247. (public), 6. slop-waterclosets, 181. snow, nuisances from, 31, 32. soap boiler, 534. space about buildings, 148 159. staircases, 147. streets, new, 97 106. tallow melter, 535. tanner, 529. tents, vans, sheds, etc., 6. tripe boiler, 538. van dwellings, 6. vegetables, pickers of, 6. ventilation of buildings, 160 163. village greens, 378. walls, 109140. \\ashhouses, public, 323. waterclosets, 177182, 452454. yards, paving of, 162. MONEY-TAKER of public baths, duties, 332, 351. washhouses, duties, 332, 354. 2 P 2 [ 25 ] INDEX. MONUMENTS, placing of, in cemetery, 473. protection of, in pleasure ground, 382. MOOEING PLACES for pleasure boats, 418 420. MORTAR, composition of, 110, 115. MORTUARIES, administrative arrangements, 504. caretaker, duties of, 505. conduct of persons at, 508. guardians, responsibility for burial of body, 501. in churchyard, faculty for, 506. inquests, provision as to, 508. local authorities empowered to make byelaws, 505 management of, 504, 507. memorandum of Local Government Board, 499. model byelaws, 507. provisions of, 500, 505. post-mortem room, provision of, 505. relieving officer, responsibility for burial of body, 499. removal from, of bodies for burial, 501, 507. shells not belonging to council, 508. removal to, of dead body by order of justice, 500. shells, provision and use of, 504, 505. removal, when not belonging to council, 508. site and structure of, 502. under Burial Acts, 506. Public Health Acts, 497509. MOTOR CABS, bells for, 283. lights on, 284. regulations of Local Government Board, 268. speed of, 276. MULES STANDING FOR HIRE. See ANIMALS STANDING FOR HIRE. MUSIC in pleasure ground, 377, 391. N. NEW BUILDINGS, byelaws under Public Health Act, 1875... 86. Public Health Acts Amendment Act, 1890... 78. erection of, what constitutes, 82, 107. inspection of, 205 208. local authorities empowered to make byelaws, 77. ' memorandum of Local Government Board, 75. model byelaws, 106. scope, 78. [26] INDEX. NEW BUILDINGS continued notices, giving of, as to, 200 209. plans and sections of, deposit, 200 205. what are, 82. NEWSPAPER, advertisement in, of proposed byelaws, 12. NEW STREETS, byelaws under Public Health Act, 1875... 86. Public Health Acts Amendment Act, 1890.. .78. construction, 100 106. entrance, 103. inspection of, 205208. laying out, what constitutes, 81, 98. level, 97. local authorities empowered to make byelaws, 77. memorandum of Local Government Board, 75. model byelaws, 97. scope, 78. notices, giving of, 200209. plans and sections of, deposit, 200 205. sewerage, 85. what are, 80. when required to be carriage roads, 99. width, how measured, 87, 90. if carriage roads, 98. if not carriage roads, 100. if not front streets, 100. NIGHT SOIL CARTS, construction of, 36. NOTICE BOARDS, destruction and removal of, 14, 381. NOTICES as to periodical removal of manure, etc., 29. before closing buildings unfit for habitation, 197. commencing street, building, etc., 205. covering up drains, foundations, etc., 205. of completion of street or building, 208. contravention of byelaws, 206, 207. infectious disease in common lodging-house, 69. other lodging-houses, 465. intention to apply for confirmation of byelaws, 11. erect buildings, 200, 204. lay out streets, 200. service of, 201. signature of, 199. where not given, power to cut into, or pull down work, 205. NUISANCES from filth, dust, ashes, and rubbish, 3341. keeping of animals, 41. [27 ] INDEX. NUISANCES continued. from offensive trades, 520, 522. slaughter-house refuse, 261. snow, 31. "town manure," 41. in cemetery, 473. market place, 231233. pleasure ground, 387. local authorities empowered to make byelaws, 29. memorandum of Local Government Board, 29. model byelaws, 31. orders for abatement of, made on owner, 39. structural alterations to abate, 65. NUMBERING of hackney carriages, 280. pleasure boats, 414. 0. OAST HOUSES, provision as to, 141. OBJECTION to proposed byelaws, 12. OBSTRUCTION by bathing machines, 302. hackney carriages, 273. scavengers' carts, 37. in pleasure grounds, 392. market place, 230234. of officers inspecting lodging-houses, 451. scavengers, 22. OCCUPATION of slaughter-house, change of, 254. OCCUPIER, cleansing by, of ashpits, 17, 25. cesspools, 17, 25, 35. earthclosets, 17, 22. footways, 17, 20, 31. pavements, 17, 20, 31. privies, 17, 24, 35. duty of, where local authority remove house refuse, 19, 22. removal by, of filth and refuse, 33. house refuse, 17. OFFENSIVE MATTERS AND LIQUIDS, removal through the streets, 30, 36 . OFFENSIVE TRADES, blood boiler, trade of, 521. drier, trade of, 523. bone boiler, trade of, 518, 524. brick making is not, 514. [28] INDEX. OFFENSIVE TRADES continued, cleanliness of premises, 520. Dr. Ballard, Report of, on, 518, 519. drainage of premises, 550. drains, discharge of hot liquids into, 526, 541. effluvia, destruction of, 522. fat extractor, trade of, 537. melter, trade of, 537. fellmonger, trade of, 526. fish curer, trade of, 518. offal, trade of dealer in, 518. fried fish shop, 518. glue maker, trade of, 541. gut scraper, trade of, 547. hospital is not, 519. inspection of premises, 550. leather dresser, trade of, 532. local authorities empowered to make byelaws, 519. manure merchant, trade of, 515. memorandum of Local Government Board, 513. model byelaws, 521551. provisions of, 519. nuisance from, prevention of, 520, 522 . rag and bone merchant, trade of, 515, 518. size maker, trade of, 544. soap boiler, trade of, 534. storage of offensive matters, 520. structural arrangements of premises, 519. tallow melter, trade of, 535. tanner, trade of, 529. tripe boiler, trade of, 538. what are, 513519. OFFICERS AND SERVANTS of cemetery, 473. open bathing place, 315, 371. public baths, 315, 331370. waahhouses, 315, 331 370, OMNIBUSES, model byelaws, 6. OPEN BATHING PLACE, accidents at, 314. accounts, 372. production of, to council, 372. byelaws, approval of, 315. enforcement of, 372. to be displayed, 312. charges for use of, 315. damage, prevention of, 329. duties of officers and servants, 315, 371. indecent language and behaviour, 330. life-saving appliances, 372. [29] INDEX. OPEN BATHING PLAGE-continued. local authorities empowered to make byelaws, 314. management, 328 330. memorandum of Local Government Board, 311. model byelaws, 315, 328. moneys, payment of, to treasurer, 371. nuisances at, prevention of, 330. offensive language and behaviour, 330. officers, accountability of, 333. duties of, 315. privacy of persons using, 313. superintendent, accounts, 372. duties, 371. OPENINGS in external walls, 130. party walls, 136. OPEN SPACE ABOUT BUILDINGS, at sides of building, 156, 157. back streets not to be reckoned, 152. encroachment on, 149, 151, 154. in front of buildings, 148 151. rear of buildings, 151 159. where there are stables, etc., 154, 155. model byelaws, 148 159. on shallow sites, 156. sites abutting on two or more streets, 155 159. sites tapering to the rear, 159. ORDER for abatement of nuisance made on owner of refuse-tip, 39. closing of building unfit for habitation, 197. removal of sick person to hospital, 68, 466. OUT-BUILDINGS are domestic buildings, 87. OVERFLOW PIPES, construction of, 175, 176. P. PARAPETS, damp courses in, 118. in external walls, 131, 132. party walls, 132136. PARKS. See PLEASURE GROUNDS. PARTITION WALLS, construction of, 115. space inside, to be stopped, 139. PARTY WALLS, coping of, 136. existing walls used as, 124. [30] INDEX. PARTY WALLS continued. materials for construction of, 109. openings in, 136. parapets in, 132136. recesses in, 137. thickness of, 120, 124, 125, 129. what are, 86, 88. woodwork in, 138. PAVEMENTS, ashtubs on, 34. cleansing, 17, 20, 3136. PAVING of stables, cowsheds, etc., 44. yards, etc., 162. PENALTIES, recovery of, 26. PENALTY for contravention of byelaws. See passim. defacement of byelaws, 14. destruction of notice boards, 14. PENITENTIARY, exemption, 91. PENS in market place, 230. PERAMBULATORS in pleasure grounds, 383, 384. See also BATH CHAIRS. PIGGERIES, byelaws as to, 41 45. drainage of, 43, 45. near streets, 42. on farms and market gardens, 42. paving of floors, 44. receptacles for dung, 43. pig-wash, 44. PIG KEEPING, byelaws as to, 41. PIERS in waDs, 125, 128. supporting iron drain, 167. PLACE OF WORSHIP a public building, 87. PLANS, approval of, conditional, 202. duty of local authority, 201. [31] INDEX. PLANS continued. approval of, refused, remedy, 202. withdrawal, 203. deposit of, 200205. elevations are not, 205. may be proceeded with, before approval, 202. non-adherence to, after approval, 203. retention of, by local authority, 203. PLANT HOUSES, exemption, 91, 94. PLASTEKING of walls, 115. PLEASURE BOATS AND VESSELS, Board of Trade, Eeport to, 417, 431, 433. boatmen, conduct, 430433. licensing, 409 413. qualification, 429, 430. crew, competency of, 433. number of, 432. Crown, rights of, saving for, 434. danger-signal, use of, 431. fares, 420429. non-payment, 423. in pleasure grounds, 379. licensing of proprietors and boatmen, 409 413, 417. life-saving apparatus, 432. local authorities empowered to make byelaws, 412. memorandum of Local Government Board, 409. Merchant Shipping Act, Rules under, 432. model byelaws, 414. application of, 413. mooring-places, 418 420. naming, 415. numbering, 414. number of persons to be carried, 416 418. proprietors, licensing, 409 413, 417. rates of hire, 420429. to be kept away from bathing-machines, 306. Wilson, Captain, Report of, 417, 431, 433. PLEASURE GROUNDS, animals in, 382, 383, 388. bath- chairs in, 383, 384. bathing in, 387. bicycles in, 383, 384. bill-posting in, 384. bird catching in, 387. nesting in, 387. boating in, 379. bowls, regulation of, 388. buildings in, 390. [32] INDEX . PLEASURE GROUNDS continued. byelaws under Public Health Act, 1875... 380. Public Health Acts Amendment Act, 1890... 379. carpet-beating in, 390. charges for use of, 379. climbing in, 387. closing of, to public, 379. cricket in, 388, 389. cycling in, 383, 384. damage, prevention of, 382, 385, 386. defilement of walls, etc., 387. disturbing fowl in, 387. dogs in, 388. driving in, 382, 383. drunkenness in, 392. drying clothes in, 391. erections in, 390. fishing in, 387, 390. flowers, plucking of, 386. football in, 388, 389. fowls, straying of, into, 383. games, regulation of, 388 390. golf in, 389. handbills, distribution of, in, 385. hockey in, 388, 389. hours for opening and closing, 380. improper intrusion into ladies' rooms, etc., 390. indecent language, 393. lawn tennis in, 389. local authorities competent to make byelaws, 378 . matches, playing of, 389. memorandum of Local Government Board, 377. model byelaws, 380. scope, 378. music in, 377, 391. notice boards in, 381 . obstruction of officers, 392. perambulators, etc., in, 383, 384. playgrounds for children, regulation of, 390. pleasure boats in, 379. profane language, 393. pursuing game, etc., 387. quoits in, 388, 389. regulation of, 380394. removal of offenders, 393. riding in, 382, 383. rubbish, deposit of, 387. sanitary conveniences in, 390. selling goods in, 392. singing in, 391. skating in, 390. smoking in, 392. speeches, etc., in, 391. [33] INDEX. PLEASURE GROUNDS continued. Sunday, playing of games on, 389. tennis in, 389. tents, erection of, 390. throwing stones, etc., 387. vehicles in, 383, 384. wading in, 387. water, pollution of, 387. POLICE, direction of traffic by, 274. removal by, of offenders against byelaws, 393. POLICE STATIONS, exemption, 94. PONIES STANDING FOR HIRE. See ANIMALS STANDING FOR HIRE. POST-MORTEM ROOM, provision of, 505. POULTRY-HOUSE, exemption, 91. PRESCRIBED DISTANCE, what is, 286. PRISON, exemption, 91, 93. PRIVIES can be regulated, but not prohibited, 23. cleansing, 17, 24, 35. construction, 183, 187191. drainage of, prohibited, 191. filth from, used as manure, 39. general powers of local authority, 177. of common lodging-houses, 64. other lodging-houses, 452, 456. position of, 187, 188. ventilation of, 188. with fixed receptacles, 189, 190. movable receptacles, 189, 190. PRIVY ACCOMMODATION in common lodging-houses, 65. other lodging-houses, 451 460. PROPERTY left in hackney carriages, 278, 290. PROPRIETOR of bathing machines, duties, 300 303. hackney carriages, duties, 272 291. lodging-houses, duties, 446 466. pleasure boat, duties, 414 417. licensing, 409413, 417. [34] INDEX. PUBLIC BATHING (WITH BATHING MACHINES), bathing-dress, use of, 302. bathing machines, charges for, 303 305. regulation of, 301303. indecent exposure while bathing, 301. limits of, 300, 301. local authorities empowered to make byelaws, 296. memorandum of Local Government Board, 295. mixed, 297. model byelaws, 299. obstruction of seashore or strand, 302. of both sexes together, 297. betting down of persons for bathing, 300, 301. stands for bathing machines, 299. PUBLIC BATHING (WITHOUT BATHING MACHINES), indecent exposure of the person, 296, 297. See also OPEN BATHING PLACE. PUBLIC BATHS, accounts, 335345, 351353, 365. inspection of, 348. ^production of, to council, 347. attendants, duties of, 332, 357 362. byelaws, approval of, 315. enforcement of, 347, 350, 359, 362, 367. publication of, 312. charges for use of, 315. classification of bathers, 320. baths, 338. cleansing of premises, 349, 357, 360, 369. damage, prevention of, 320. defects (structural, etc.) to be reported, 346, 350, 359, 362, 367, 369. diseased persons, exclusion of, 322. duties of officers and servants, 315, 331370. engineer, duties of, 332, 365. estimates for stores, 346, 350, 365. fireman, duties of, 332, 368. fires, regulation of, 335, 367369. goods, orders for, 335. gymnasium, use of baths as, 315. indecent language and behaviour, 321. inspection of premises, 334, 348. local authorities empowered to make byelaws, 312. machinery, regulation of, 365 370. management of, 317322. matron, duties of, 348. memorandum of Local Government Board, 311. model byelaws, 315, 317. moneys, payment of, for expenses, 335. to treasurer, 346. money-taker, accounts of, 345, 351 353. duties of, 332, 351. nuisances, prevention of, 321. [35] INDEX. PUBLIC BATHS continued. offensive language and behaviour, 321. officers, accountability of, 333. duties of, 315, 331370. privacy of persons using, 318, 319. separation of the sexes at, 320. staff required for, 331. stoker, duties of, 332, 368. stores, estimates for, and issue of, 346, 350, 365. superintendent, accounts of, 335 338, 341 345. duties of, 332348. use of, as gymnasium, 315. waste, prevention of, 367. PUBLIC BUILDING, definition, 87, 89. walls of, 125, 128. PUBLIC HEALTH ACTS AMENDMENT ACT, 1890, byelaws as to pleasure grounds, 379. removal of house refuse, 19, 22. offensive and noxious matters through the streets, 30. secondary means of access, 106. PUBLIC PARKS AND PLEASURE GROUNDS. See PLEASUKE GROUNDS. PUBLIC WASHHOUSES, accounts, 338345, 366. inspection of, 348. production of, to council, 347. attendant, duties of, 332, 362. byelaws, approval of, 315. enforcement of, 347, 350, 364, 367. publication of, 312. charges for use of, 315. classification of conveniences, 341. cleansing of premises, 349, 363, 369. damage, prevention of, 325. defects (structural, etc.) to be reported, 346, 364, 367, 369. duties of officers and servants, 315, 331. engineer, duties of, 332, 365. estimates for stores, 346, 350, 365. fireman, duties of, 332, 368. fires, regulation of, 335, 367369. goods, orders for, 335. indecent language and behaviour, 326. inspection of premises, 334, 348. local authorities empowered to make byelaws, 314. machinery, regulation of, 365 370. management of, 323 327. matron, duties of, 348. memorandum of Local Government Board, 311. model byelaws, 315, 323. moneys, payment of, expenses, 335. to treasurer, 346. [36] INDEX. PUBLIC WASHHOUSES continued. money-taker, accounts of, 345, 355. duties of, 332, 354. nuisances, prevention of, 326. offensive language and behaviour, 326. officers, accountability of, 333. duties of, 315, 331370. privacy of persons using, 313. staff required for, 331. stoker, duties of, 332, 368. stores, estimates for, and issue of, 346, 350, 365. superintendent, accounts of, 338 345. duties of, 332348. waste, prevention of, 367. PUGGING, definition, 140. PULLING DOWN of work in contravention of byelaws, 205, 209. Q. QUALIFICATION of boatman, 429, 430. R. RAG AND BONE MERCHANT, trade of, 515, 518. RAILWAY SIDING, unloading of filth at, 38, 40. RAINWATER PIPES as drain ventilators, 173. provision of, 164. RATE OF SPEED for hackney carriages, 275. RATES OF HIRE, for animals standing for hire, 401. bathing machines, 303 305. carriers in market place, 235. hackney carriages, 286 289. pleasure boats, 420 429. RECEPTACLE for collection, etc., of refuse, provision of, by local authority, 36. conveyance of filth and refuse, construction, 30, 35. dung (midden-stead), construction, repair and cleansing of, 43. pig- wash, 44. RECOVERY, of fares for hackney carriages, 289. penalties for breach of byelaws, 26. [37] INDEX. EECEEATION GROUNDS provided under Inclosure Acts, 378. Public Health Acts, 1875... 375 394. other Acts, 379. REFUSE, removal of, 17, 21, 30, 3344, 231. REFUSE-TIP, nuisance from, order for abatement made on owner, 39. REGISTRATION of burials, 473. common lodging-houses, 51, 54. other lodging-houses, 439, 449. slaughter-houses, 242, 245. REGULATIONS as to burial grounds, 487. RELIEVING OFFICER, duty of, as to burial of poor persons, 501. REMOVAL of dead body from cemetery, 477. mortuary, 501, 507, 508. filth, 30, 3340. infected persons to hospital, 68, 466. manure from stables, etc., 29, 43. otfenders against byelaws from pleasure ground, 393. offensive and noxious matters through streets, 30, 40. products of slaughtering, 259 261. refuse, 17, 21, 3336, 231. byelaws under Public Health Act, 1875... 17, 21. Acts Amendment Act, 1890.. .19. snow, 31. work in contravention of byelaws, 209. RENTS in market, 217. REPEAL of byelaws, 26, 211. RETURN FARES for hackney carriages, 287. RETURN WALLS, boarding of, 1 15. construction, 114. what may be deemed, 119. ROOF-COVERING to be incombustible, 146. ROOF-GUTTERING to be incombustible, 146, 147. ROOFS, construction of, 146, 147. [38] INDEX. ROOMS, height of, 161. over slaughter-houses, 243. ventilation of, 161, 162. RUBBISH, nuisances from, 29, 33 36. RURAL DISTRICTS, building regulations in [addenda, p. xxix.]. urban powers, instructions as to, 6. s. SALT, nuisance from mixture of, with snow in streets, 32. SANITARY CONVENIENCES in pleasure grounds, 390. SCAVENGING, byelaws under Public Health Act, 1875... 20. Public Health Acts Amendment Act, 1890.. .19. by local authority, 17, 19. construction of carts, etc., 35, 36. hours for, 30, 35. local authorities empowered to make byelaws, 18. memorandum of Local Government Board, 17. model byelaws, 20. SCHOOL, a domestic building (when), 87. public building (when), 87. public elementary, not exempted, 95. SEALING of byelaws, 12. SEAMEN'S LODGING-HOUSES, byelaws as to, 443. SEASHORE, byelaws as to bathing on, 299. See also FORESHORE. SECONDARY MEANS OF ACCESS to buildings, provision of, 100, 106. SELLING in market, 221. pleasure ground, 392. SERVANTS at open bathing place, 315, 371. public baths, 315, 331. washhouses, 315, 331. SEWER, building over, 165. communication with, of cesspool, prohibited, 194. covering up of, notice, 205. definition of, 163. B. 2 Q [ 39 ] INDEX. SEWERAGE of new streets, 85. SEXES, SEPARATION OF, in common lodging-houses, 61. other lodging-houses, 439, 449. SHOP, a domestic building, 87. SHOP FRONTS, construction of, 130. SITE, excavated, 108. low-lying, 109. of cemetery, 480483. mortuary, 502. new building, concreting, etc., of, 108. unhealthy, treatment of, 106 109. SIZE MAKER, trade of, 544. SKATING in pleasure grounds, 390. SLAUGHTER-HOUSES, animals brought to, for slaughter, use of, 246. keeping of, in, 258, 259. byelaws, application of, 244. confirmation, 246. making of, imperative, 245. cleansing of, 257, 258. cruelty in, prevention of, 256, 257. dogs in, 258, 259. drainage of, 244, 257, 258. fowls in, 259. inspection of, 256. licensing, 242, 245, 247254. local authorities empowered to make byelaws, 244. memorandum of Local Government Board, 241. model byelaws, 6, 247. occupation, change of, 254. powers of local authority, 242. public, model byelaws, 6. refuse from, nuisance, 40, 261. removal, 259, 260. registration, 242, 255. removal from, of skins, filth, and refuse, 259 261. repair of, 257, 258. site of, rules as to, 243, 245. structural requirements, 243, 245. ventilation of, 243, 257. water supply of, 243, 260. [40] INDEX. SLOP-WATERCLOSETS, construction of, 181. what are, 181. SMOKING by driver of hackney carriage, 273. in pleasure grounds, 392. SNOW, nuisances from, 29, 31. on highway, 32. SOAP BOILER, trade of, 534. SOFFIT OF ARCH, what is, 143. SOIL-PIPE OF WATERCLOSET as drain ventilator, 171, 173. construction of, 174, 175. SPEECHES, DELIVERY OF, in pleasure grounds, 391. SPEED of hackney carriages, 275. SPILLING of filth and refuse in streets, 33, 36, STABLE, drainage of, 43 45. midden-stead, 43. open space about, 154. paving of floor, 44. receptacle for dung, 43. STALLAGES in market, 217. STALLS in market place, use of, 229 232. STANCHIONS, definition of, 139. STANDING OR PLYING FOR HIRE, what is, 269. STANDINGS in market place, use of, 229 232. STANDS for animals standing for hire, 400. bath chairs, 277. bathing machines, 299. goat-chaises, 277. hackney carriages, 276, 284. STENCH, filth emitting, 3740. 2 Q 2 [ 41 ] INDEX. STOKER, of public baths and washhouses, duties, 368. STOREY, basement, structure of, 117. height of, how measured, 119, 120. lowest, level of, in relation to drainage, 164. topmost, definition, 86. height of, 119. STOREY POST, definition, 139. STRAND OF A RIVER, byelaws as to bathing on, 299. STREET, cleansing of, 20, 31, 33. keeping of animals near, 42, 45. new. See NEW STREETS. removal of filth and refuse through, 30, 36, 40. snow from, 31. STRUCTURE of ashpits, 191194. cesspools, 194 196. chimneys, 140 146. common lodging-houses, 51. earthclosets, 177179, 183187. foundations, 106109. mortuary, 502. privies, 187191. roofs, 146, 147. slaughter-houses, 243, 245. walls, 109139. waterclosets, 177 182. SUBSOIL, drainage of, 163. SUMMER-HOUSE, exemption, 91, 94. SUNDAY, playing of games on, 389. SUPERINTENDENT OF PUBLIC BATHS AND WASHHOUSES, accounts, 335 345. duties, 332348. SURVEYOR to have access to works, 207, 208. SWIMMING BATH, regulation of, 317322. use of, as gymnasium, etc., 315. [42] INDEX. SWINE, keeping of, 41, 462. SYPHONAGE, provisions against, 175, 177. T. TALLOW MELTER, trade of, 535. TANNER, trade of, 529. TEMPLATES for girders, 139. TENNIS COURTS in pleasure grounds, 389. TENTS, VANS, AND SHEDS model byelaws, 6. THEATRE a public building, 87, TILE-HUNG WALLS, construction of, 114, 130. TIMBER in walls, 131, 138. TIMBER-FRAMED WALLS, construction of, 112, 130, 131. TOLLS leviable in markets, 217, 229. TOOL HOUSES, exemption, 94. TOUTING by boatman, 431 . carriers in market place, 235. conductor of animals for hire, 403. driver of animals for hire, 403. hackney carriage, 273. proprietor of hackney carriage, 273. TOWN MANURE, nuisance from, 41. TOWN POLICE CLAUSES ACT, 1847, byelaws under. See HACKNEY CARRIAGES ; PUBLIC BATHING. TOWNS IMPROVEMENT CLAUSES ACT, 1847, byelaws under. See SLAUGHTER-HOUSES. model byelaws to be omitted where provisions of Act are in force, 18, 30, 98, 99, 133, 162, 200. [43] " INDEX. TRAFFIC, direction of, by police, 274. TRAPS in drains, 167. waste pipes, 176. syphonage of, 175. TRIPE BOILER, trade of, 538. TROUGH WATERCLOSETS, construction of, 181. u. URBAN POWERS, instructions as to, 6. URINALS, drainage of, 177. VAN DWELLINGS, model byelaws, 6. VAULT. See CEMETERIES. VEHICLES in market place, 232, 234. pleasure grounds, 383, 384. VENTILATION of ashpit, 193. cavity in hollow wall, 112, 118. common lodging-house, 67. other lodging-houses, 463. domestic buildings, 160162. drains, 168174. earthcloset, 178. mortuary, 503. privy, 188. public building, 162. slaughter-house, 243, 257. watercloset, 178. under floors, 160, 161. VILLAGE GREENS, byelaws, power to make, 378. model byelaws, 378. w. WALLS, base of, definition, 86. basement, structure of, 117. bonding of, 110, 115. [44] INDEX. WALLS continued. cavity, 111, 117, 118. chases in, 137. coping of, 136. cross. See CROSS WALLS. damp courses in, 117, 118. double, 111, 117, 118. enclosing buildings, 109. external. See EXTERNAL WALLS. footings of, 116. foundations of, 117. half-timber, 112. height of, 119. hollow, 111, 117, 118. length of, 119, 120. materials of, 109 115. of domestic buildings, 120, 123. premises where offensive trade is carried on, 524. public buildings, 125. slaughter-houses, 244. warehouse buildings, 125. parapets in, 131 135. partition. See PARTITION WALLS. party. See PARTY WALLS. piers in, 125, 128. plastering of, 115. projections in, 115. recesses in, 137. return. See RETURN WALLS. stability of, 119. structure of, 109139. tile-hung, 114, 130. timber-framed, 112, 130. to be " true and plumb," 115. woodwork in, 131, 138. WAREHOUSE BUILDING. See BUILDINO OF THE WAREHOUSE CLASS. WASHHOUSE, extra space to be allowed for, 153. WASHHOUSES, PUBLIC. *? PUBLIC WASHHOUSES. WASTE PIPES, construction of, 175 177. WATER, POLLUTION OF, by drainage from cemetery, 479, 482. dung of animals, 41. effluvia and dust from ashpits, 192. emanations and soakage from privies and cesspools, 188, 194. in pleasure grounds, 387. WATERCLOSETS, construction of, 177 182. flushing of, 179, 180, 182, 196. [ 45 ] INDEX. WATERCLOSETS continued. general powers of local authority, 177. lighting of, 178, 179. of common lodging-houses, 64. other lodging-houses, 452 454, 458, 459. out-door, 173. types of, 180. ventilation of, 179. WATER SUPPLY of slaughter-house, 243, 260. WATERWORKS not exempt, 95. WEATHER TILING, byelaw as to, 114. WHARF, unloading of filth at, 38, 40. WIDTH of back street, 100. carriageway of street, 101. entrance to street, 103. footways of street, 101. (front) carriageway street, 98. non-carriageway street, 100. WINDOWS, provision of, 160, 161, 178. WOOD BRICKS in party walls, 138. WOOD PLATES in party walls, 138. WOODWORK in chimneys, 145. walls, 131, 138. WORKHOUSE a public building, 87. not exempt, 95. WORKING CLASS LODGING-HOUSES, provision and management of, 443. Y. YARDS, paving of, 162, 464. LONDON : PRINTED BY SHAW AND SONS, FETTER LANE AND CRANE COURT, B.C. PUBLISHED EVERY SATURDAY, Price 5d. ; Post Free, 5<|d. THE Jwstite 0f tto COUNTY, BOROUGH, POOR LAW UNION, AND PARISH LAW RECORDER. BifciteD bg A. MACMORRAN, ESQ., M.A., Q.C., S. G. LUSH1NGTON, ESQ. M.A., B.C.L., W. W. MACKENZIE, ESQ., M.A., AND C. E. ALLAN, ESQ., M.A., LL.B., BARRISTERS-AT-LAW. The pages of the " Justice of the Peace " are principally devoted to matters relating to Public Health, Poor Law, Magisterial and Parochial Business Reports of Cases in the Superior Courts Practical Treatises on Acts of Parliament OPINIONS UPON CASES SUBMITTED TO THE EDITORS BY SUBSCRIBERS- Digest of Reports presented to Parliament Periodical Business to be done at Sessions with a variety of other Matter which will be found invaluable to all interested in these subjects also Reports of Quarter Sessions. SUBSCRIPTION 1 4s. 6d. PER ANNUM, INCLUDING INDEX. RICHARD SHAW BOND, Publisher, Office : 6, 7, 8 & 9, Fetter Lane, E.G. Or can be had through BUTTERWORTH & Co., 12, Bell Yard, London, W.C. A 000 683 467"T Local Government Printers & Manufacturing Stationers, FETTER LANE & CRANE COURT, LONDON, E.C, 5th Edition (1893), in 2 Vols. Price 3 7s. 6d. ; for Cash, with Order, 2 15s. 3d., carriage free. LUMLEY'S PUBLIC HEALTH, CONTAINING THE PUBLIC HEALTH ACTS, And all Statutes in any way relating to or concerning the Duties and Liabilities of Sanitary Authorities. 5tb BY ALEXANDER M ACMORRAN, Q.C., AND S. G. LUSHINGTON, M.A., B.C.L., Of the Inner Temple, Barrister-at-Law. To obviate any inconvenience that might otherwise arise from the size of the work it has been divided into two volumes Vol. I., containing the Public Health Acts, strictly so called ; Vol. II., the Appendices of incorporated Statutes and the Orders of the Local Government Board. Each Volume contains a copy of the General Index. The greatest pains have been taken to bring the work down to date including all the latest decisions. SHAW & SONS, 6, 7, 8 & 9, FETTER LANE, E.C. BUTTERWORTH & CO., 12, BELL YARD, W.C.