The word "drain" shall mean and include any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is corveyed (a): The word "sewer" shall mean and include sewers and drains of every description (b), except drains to which the word "drain" interpreted as aforesaid applies: Management Acts, Angell, appt., Paddington Vestry. resp., 37 L. J. M. In Stevens v. Gourley, 1 F. & F. 498; 27 L. J. C. P. 1; 1 L. T. (N. 8.) 33; 7 C. B. (N. s.) 99, a wooden structure, intended to be used as a shop, of a considerable size, and likely to last for some time, resting on joists, but having no fastenings or foundations in masonry, and capable of being lifted from the ground, was held to be a building within 18 & 19 Vict. c. 122. In Bowes v. Low, Law R. 9 Eq. 636, a Vinery attached to a wall was held to be a building :-Whether a high wall would be so, quære. It was considered by Lord Hatherley, in Child v. Douglas, Kay, 560; 5 De G., Mc N., & G., 739, that a dwarf wall forming a fence was not. The decisions as to what constitutes a building in the Reform Acts will be found in Morrish v. Harris, Law Rep. 1 C. P. 155. The statute 21 & 22 Vict. c. 98, s. 34, post, interprets the term New Buildings. (a) There may be instances of drains not comprehended within this definition, as where there is a direct communication from a house to a river or canal, or the sea itself. See in Coulton v. Ambler, 13 M. & W. 403, what was held not to be a public or parish drain within the meaning of a Local Act using those words. (b) In Sutton v. The Mayor of Norwich, 31 L. T. 389, Kindersley, V. C., observed: "The word sewer comes from the word to sew,' i. e. to drain, and has a much more extended signification (than drain), embracing works on the largest scale, such as draining the fens of Lincolnshire by means of canals, &c. In the common sense of the term it means a large and generally underground passage for fluid and feculent matter from a house or houses to some other locality, but it does not comprise a cesspool for the purpose of retaining the sewage, whether as a simple deposit, or to be converted into manure, or other useful purposes." A marsh wall or embankment keeping back the river Thames from inundating the Isle of Dogs at high water, and through which sewers pass, draining the Island at low water, was held to be a sewer within the meaning of the 18 & 19 Vict. c. 120. Poplar District Board of Works v. Knight, 5 Jur. (N. s.) 196; 28 L. J. M. C. 37; E. B. & E. 408. See farther Q. v. Local Board of Godmanchester, 34 L. J. Q. B. 13, and note on s. 43, post. house: " The term "slaughter-house" shall mean and include "Slaughterthe buildings and places commonly called slaughterhouses and knackers yards, and any building or place used for slaughtering cattle, horses, or animals of any description for sale (c): "Water works com works: " The expression "waterworks company" shall mean any corporation, person, or company of persons supplying or pany:' who may hereafter supply water for their own profit : The term "waterworks" shall include streams, springs, "Waterwells, pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines, and all machinery, lands, buildings, and things for supplying or used for supplying water, also the stock in trade (d) cf any waterworks company: board of &c. The expression "the local board of health" shall mean the "the local persons authorized (e) to execute in each district all or health:" any of the powers, authorities, and duties vested in or imposed upon the local board of health by this Act: The expressions" the officer of health," "the clerk," "the "the clerk," treasurer," "the surveyor," "the inspector of nuisances," shall mean the persons respectively appointed to be or authorized to execute the offices of the officer of health, clerk, treasurer, surveyor, and inspector of nuisances respectively in each district for the purposes of this Act (f). (c) See Elias v. Nightingale, 22 Jur. 166. (d) These words are very extensive, and not easy to be understood, because it would seem unnecessary to apply the word waterworks to anything not mentioned in the previous enumeration. (e) That is, authorized by this Act. The 21 & 22 Vict. c. 98, s. 15, enables corporations not constituted local boards to adopt parts of that Act, which is incorporated with the present. (f) It is to be noticed that the 15 & 16 Vict. c. 42, enacted in sect. Year inter14, that the word 'year' shall, for the purpose of the election of local preted. boards of health acting in execution of the Public Health Act, 1848, and of the continuance in office of the members of such boards, be taken to mean the interval between any day of election of any such board and the day of election next ensuing." See other definitions in 21 & 22 Vict. c. 98, s. 7, post. D Mode of citing this Act. III. And be it enacted, that in citing this Act in other Acts of Parliament, and in legal instruments and other proceedings, it shall be sufficient to use the words "The Public Health Act, 1848" (g). General board of CONSTITUTION OF THE GENERAL BOARD OF HEALTH. IV. ** And be it enacted, that the first commissioner for the time health to be being of Her Majesty's woods and forests, land revenues, works, and constituted. buildings, together with such two other persons as Her Majesty by Power to general board of warrant under the royal sign manual may be pleased to appoint, shall be and constitute a board for superintending the execution of this Act, and shall be called "The General Board of Health," and shall have and execute all the powers and duties vested in or imposed on such board by this Act, and the said first commissioner shall be the president of the said board; and Her Majesty may from time to time, at her pleasure, remove all or any of the persons so appointed by her, and appoint others in their stead; and the powers and duties vested in the said board by this Act may be exercised and executed by any two members thereof; And during any vacancy in the said board the continuing members or member thereof may act as if no vacancy had occurred; Provided always, that the said general board of health shall be continued only for five years next after the day of the passing of this Act, and thenceforth until the end of the then next session of parliament, and no longer (h). ** V. ** And be it enacted, that the said board may from time to time appoint a secretary and such clerks and servants as they, subject to the approval of the commissioners of Her Majesty's treasury, may deem necessary for the purposes of this Act; and every person so appointed vants, sub- shall be removable at the pleasure of the said board : health to ap point officers and ser Consolida (g) See also the title of 21 & 22 Vict. c. 98, in sect. 1, post But by the 26 & 27 Vict. c. 17, s. 8, the Public Health Act, 1848, and tion of Acts. the Acts amending the same, and the Acts amending the Local Government Act, 1858, including the 26 & 27 Vict. c. 17, are thereby declared to be one Act, and to be included under the expression "The Local Government Act, 1858," or any words referring to that Act. (h) This and the following clauses, which relate to the general board of health and its officers, have ceased to be operative. In the introductory essay will be found an account of the proceedings and different constitution of that board. And the said board shall cause to be made a seal for their use in the ject to execution of this Act, and documents or copies of documents purporting treasury, approval of a seal to be to proceed from them, and to be signed by any two or more of them, and to cause and to be sealed or stamped with such seal, shall be received as primà made. facie evidence in all courts and places whatsoever (i). ** VI. ** And be it enacted, that the general board of health may Power to apfrom time to time appoint so many proper persons as they, subject to point superthe approval of the commissioners of Her Majesty's treasury, may inspectors, intending deem necessary, to be superintending inspectors for the purposes of this subject to Act; And every person so appointed shall have all the powers (j), duties, and liabilities vested in or imposed upon any superintending inspector by this Act, and shall assist in the superintendence and execution of this Act, when, where, and in such manner as the said board shall direct, and shall be removable at their pleasure. ** approval of treasury. grant sala VII. ** And be it enacted, that there shall be paid to such one of Power to the members of the general board of health, not being the president, as treasurer to Her Majesty shall direct, and to the said secretary, clerks, and ser- ries, &c. to vants, such salaries or wages, and to the said superintending inspectors general such allowances, as shall from time to time be appointed by the com- health, sumissioners of Her Majesty's treasury, out of any nomeis which may ing inspecperintendfrom time to time be provided by parliament for that purpose: Provided always, that the allowance to a superintending inspector shall not exceed the sum of three pounds three shillings for every day he shall be actually employed or travelling in the performance of the duties of his office: Provided also, that the commissioners of Her Majesty's treasury may allow to any superintending inspector such reasonable travelling board of tors, &c. (i) See the statute 8 & 9 Vict. c. 113. ss. 1,4, as to the proof of docu- Evidence ments sealed with a public board's seal. The 31 & 32 Vict. c. 37, s. 2, orders. makes the production of a copy of the "Gazette" purporting to contain any order or regulation issued by the Privy Council or a Secretary of State, or the production, in the case of any order or regulation of the Privy Council of a copy or extract purporting to be certified to be true by the Clerk of the Privy Council or by one of the Lords or others of the Privy Council, and, in the case of an order or regulation issued by or under the authority of a Secretary of State, of a copy or extract purporting to be certified to be true by one Secretary or Under Secretary of State, prima facie evidence of such order or regulation. Proof of the handwriting or official position is not to be required. (j) See sect. 121, post, as to his powers, and sect. 148 as to his protection. and other expenses as may be incurred by him in the performance of the duties of his office under this Act, in addition to his said allowance.** Upon pet tion of a cer tain proportion of house or when CREATION OF DISTRICT FOR LOCAL BOARD OF HEALTH. VIII. ** And be it enacted (k), that from time to time after the passing of this Act, upon the petition of not less than one-tenth of the inhabitants rated to the relief of the poor of any city, town, borough, holders, &c., parish (1) or place having a known or defined boundary (m), not being less than thirty in the whole, OR where it shall appear or can be ascerany city, &c., tained from the last return for the time being made up by the registrar appear upon general of births, marriages, and deaths, from the deaths registered in the registrar a period of not less than seven years, that the number of deaths annually in any city, town, borough, parish, or place during the period the deaths in general's returns to (k) The board of health were empowered to act either upon petition from the ratepayers, or, where the annual mortality bore a certain proportion to the population, on their own motion. By the Local Government Act the proceedings became entirely optional with the inhabitants. As the general board of health ceased, this clause, though not expressly repealed, became inoperative for the future. (1) The parish of Waltham Holy Cross comprises the township of Waltham Abbey and several other townships. A petition was presented from the inhabitants of the parish; a superintending inspector made his inquiry as to the parish, but reported to the general board of health as to the town of Waltham Abbey, and recommended the application of the Act to the township of Waltham Abbey. The general board of health published his report, and invited statements relative to it. No further inquiry was made, but the general board of health made their report to the Queen that the Act should be put in force in the parish, and an order in council was issued accordingly. The Court of Exchequer held that the local board was duly established for the whole parish. Barber v. Jessop, 1 H. & N. 578. (m) The fact of a portion of land included within the boundary being extra-parochial, or otherwise exempted from poor rate, did not prevent its forming part of the district of the local board of health otherwise legally created under this Act. Tait v. Carlisle Local Board of Health, 2 E. & B. 498. The 20 Vict. c. 19, rendered extra parochial places parishes, and the 31 & 32 Vict. c. 122, s. 27, has amalgamated such places where no overseers had been previously appointed with the adjoining parish for all civil parochial purposes. See the provision in 21 & 22 Vict. c. 98, s. 14, as to the inclusion of small places in larger ones formed into districts. It will be observed that this part of the clause applies to a place having a known or defined boundary, whereas the next part is not in terms so limited. Accordingly in 21 & 22 Vict. c. 98, s. 13, post, there is a specific provision for places not having such bonndary. |