The Public Health Act, 1875: Arranged in Dictionary Index Form; Being a Handy-book for Ready ...

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Preface

By the Public Health Act, 1875, the Sanitary Acts were intended to be consolidated, so as to render them more intelligible and easier for reference to the practitioner and officials carrying the Acts into operation ; but the length of the present Act renders it difficult for any person to take a clear view of its provisions on certain subjects without the risk of overlooking some clause bearing on the question. The Act is certainly divided into parts, but there arc sections in many parts which have reference entirely to sections in other parts.

To prevent the inconvenience and waste of time which must necessarily arise in searching out the several sections affecting any subject, the compiler has arranged the whole of the Public Health Act, 1876, into an Alphabetical Index, and, under each heading, has introduced the several sections referring thereto j and where the sections refer to more than one subject, a reference has been carried forward to the several headings* The whole of the Sanitary Law on any iv Preface,

subject, so far as the Public Health Act, 1875, is concerned, is thus brought before the reader at a glance, and in some portion of the work the whole of the sections of the Act will be found.

Care has been taken to render the text perfectly correct, so as to admit of quotation from the work.

The Schedules to the Act are printed in full at the end.

JAMES C. STEVENS.

Wetherhify Yorkshire,

ARRANGEMENT OF CLAUSES.

PART I. PreUminary

CLAUSE FAOE

1. Short title 171

3. Division of Act into parts 127

Part II. Authorities For Execution Op Act

Constitution op Distbiots and Authobities.

5. Urban and rural sanitary districts 53

6. Description of urban districts and urban authorities 14, 23, 65»

109, 184, 191

7. Incorporation of local boards and improvement commisaoners 96

8. Election of local boards 106

9. Description of rural districts and rural authorities - - 68, 165

10. Powers and duties of urban authorities - 8, 13, 14, 88, 181

11. Powers and duties of rural authorities 13

12. Vesting of property in local authorities - - - 43, 141

Part III. Sanitary Provisions

Sbwebaoe and Drainage.

Regulations as to Sewers and Drains.

13. Sewers vested in local authority 168

14. Power to purchase sewers 132, 169

15. Maintenance and making of sewers - « - - - 158

h vi Arrangement of Clauses.

16. Powers for making sewers -----.- 169

17. Sewage to be purified before being discharged into streams • 89

18. Alteration and discontinuance of sewers - • - - 89

19. Cleansing sewers 169, 185

20. Map of system of sewerage 101

21. Power of owners and occupiers within district to drain into

sewers of local authority ....... 123

22. Use of sewers by owners and occupiers without district - • 124

23. Power of local authority to enforce drainage of undrained

24. Power of local authority to require houses to be drained into

new sewers 75

25. Penalty on building house without drains in urban district - 75

26. Penalty on unauthorized building over sewers and under

streets in urban district 18

Disposal of Sewage.

27. Powers for disposing of sewage - - -. - - - 46

28. Power to agree for commimication of sewers with sewers of

adjoining district • - - 169

29. Power to deal with land appropriated to sewage purposes - 85

30. Contribution to works under agreement for supply or distri-

bution of sewage ...,.--.46

31. Application of 27 & 28 Vict. c. 114, to works for supply of

sewage -- -78

As to Sewage Works without District.

32. Notice to be given before commencing sewage works without

district 46

33. In case of objection, works not to be commenced without

sanction of Local Government Board . > > - 47

34. Inspector to hold inquiry and report to Local Government

Board 48

Privies Watebclosets, &c.

35. Penalty on building houses without privy accommodation - 140

36. Power of local authority to enforce provision of privy accom-

modation for houses 140

87. As to earthclosets 52

38. Privy accommodation for factories 64

39. Public necessaries 53, 181, 187

. Arrangement of Clauses, vi

■CLAUSE VA.&E

40. Drains, privies, &c., to be properly kept • - • - 51

41. Examination of drains, privies, &c., on compliunt of nuisance- 56

Scavenging and Cleansing.

Segulations as to Streets and Houses.

42. Local authority to provide for cleansing of streets and removal

of refuse 165

43. Penalty on neglect of local authority to remove refuse, &c. - 64

44. Power of local authority to make bye-laws imposing duty of

cleansing, &c., on occupier 20

46. Power to provide receptacles for deposit of rubbish - - 161

46. Houses to be purified, on certificate of officer of health, or of

two medical practitioners -.-•...74

47. Penalty in respect of cert^n nuisances on premises • - 132

Offensive Ditches and Collections of Matter.

48. Provision for obtaining order for cleansing offensive ditches *

lying near to or forming the boundaries of districts - - 50

49. Kemoval of filth on certificate of inspector of nuisances - - 166 60. Periodical removal of manure from mews and other premises - 156

Wateb Supply.

JPowers of Local Authority in relation to Supply of Wcder.

51. General powers for supplying district with water - . . 189

52. Bestriction on construction of waterworks by local authority • 189

53. As to construction of reservoirs •--... 169 64. Power of carrying mains 100

55. As to supply of water ----.-.- i89

56. Power to charge water rates and rents - . . . 188

57. Incorporation of certain provisions of Waterworks Clauses

Acts 190

58. Power to supply water by measure 106

59. Register of meter to be evidence 106

60. Penalty for injuring meters 79

61. Power to supply water to authority of adjoining district - 176

62. Local authority may require houses to be supplied with water

in certain cases - - . 175

63. Powers ot water company for supplying water to local yiii Arrangement of Clauses.

CLAirSB PAGE

64. Vestiiig of public cisterns, &c., in local authority ^ • . 191

65. Water for public baths, or trading or manafactoring purposes 143

66. Duty of urban authority to provide fire-plugs - • -65

67. Agpreements with universities ...... 181

Provisions for Protection of Water.

68. Penalty for causing water to be corrupted by gas washings - 67

69. Local authority may take proceedings to prevent pollution of

streams - 188-

70. Power to close polluted wells, &c. 133

Occupation of Cellar Dwellings,

71. Prohibition of occupying cell&r dwellings - - - - 24

72. Existing cellar dwellings only to be let or occupied on certain

conditions 24

73. Penalty on persons offending against enactment - • - 25

74. Definition of occupying as a dwelling 24

75. Power to close cellars in case of two convictions - - -25"

Common Lodging-houses.

76. Begisters of common lodging-houses to be kept - . . 153;

77. All common lodging-houses to be registered, and to be kept

only by registered keepers 30*

78. Local authority may reftise to register houses - - - 80*

79. Notice of registration to be affixed to houses • - -30

80. Bye-laws to be made by local authority - - - - 21

81. Power to local authority to require supply of water to houses- 175

82. Limewashing of houses --30

83. Power to order i-eports from keepers of houses receiving

vagrants 31

84. Keepers to give notice of fever, &c., therein - - - - 31

85. As to inspection 31

86. Offences by keepers of houses 31

87. Evidence as to family in proceedings 31

88. Conviction for third offence to disqualify persons from keep-

ing common lodging-house 31

89. Interpretation of ''common lodging-house** • • - . 3(V

Arrangement of Clauses. ix

Bye-laws as to Souses Let in Lodgings.

90. Local . Government Board may empower local authority to

make bye-laws as to lodging-houses - - • • -21

NUISAKCES.

• 91. Definition of nuisances 112

'92. Duty of local authority to inspect cUstrict for detection of

nuisances 80

^93. Information of nuisances to local authority - • - -79 r94. Local authority to serve notice requiring abatement of

nuisance 110

'95. On non-compliance with notice complaint to be made to

justice 43

96. Power of court of summary jurisdiction to make order dealing

with nuisance 43

D7. Order of prohibition in case of house unfit for human

habitation 44

98. Penalty for contravention of order of court • - - • 44

99. Appeal against order -• 3

100. In certain cases order may be addressed to local authority - 44

101. Power to sell manure, &c. 114

102. Power of entry of local authority 54

103. Penalty for disobedience of order - - • • - 64

104. Costs and expenses of execution of provisions relating to

nuisances --89

105. Power of individual to complain to justice of nuisance - - 33

106. Power of officer of police to proceed in certain cases against

nuisances 138

107. Local authority may take proceedings in superior court for

abatement of nuisances - - 174

108. Power to proceed where cause of nuisance arises without

district 114

109. Provision in case of two convictions for overcrowding - - 123

110. 'Provision as to ships 170

111. Provisions of Act relating to nuisances not to affect other

remedies 114

Offensive Trades.

112. Kestriction on establishment of offensive trade in urban

district • - 178

X Arrangement of Clatues,

CLA.U8S FA&K

113. Bye-law8 as to offensive trades in urban district - - -21

114. Duty of urban authority to complain to justice of nuisance

arising from offensive trade 115

115. Power to proceed where nuisance arises from offensive trade

carried on without district 116

Unsovkd Meat, &c.

116. Power of medical officer of health to inspect meat, &c. - - 102^

117. Power of justice to order destruction of unsound meat, &c. - 103

118. Penalty for hindering officer from inspecting meat, &c. • - 108

119. Search warrant may be granted by a justice ... 186'

IirpECTioFS Diseases and Hospitals.

JProviHons against Infection,

120. Duty of local authority to cause premises to be cleansed and

dinnfected 76"

121. Destruction of infected bedding, &c 46

122. Provision of means of disinfection - - - - - 46

123. Provision of conveyance for infected persons - - - 24

124. Removal of infected persons without proper lodging to hospital

by order of justice 166'

125. Removal to hospital of infected persons brought by ships • 153

126. Penalty on exposure of infected persons and things • - 63-

127. Penalty on failing to provide for disinfection of public con-

veyance 38

128. Penalty on letting houses in which infected persons have been

lodging -- 76"

129. Penalty on persons letting houses making false statements

as to infectious disease 76*

130. Power of Local Government Board to make regulations - 26

SospitaU.

131. Power of local authority to provide hospitals - - - 73

132. Recovery of costs of maintenance of patient in hospital - - lOO'

133. Power to provide temporary supply of medicine - - : 105

Peevextion op Epidemic Diseases.

134. Power of Local Government Board to make regulations for

prevention of diseases -----,- 154

Arrangement of Clauses. xi

CLArSB PAGE

135. Pablication of regulations and orders 145

186. Local authority to see to the execution of reg^ulations - - 56

187. Power of entry 67

188. Poor law medical 'officer entitled to costs of attendance on

board vessels 104

189. Local Government Board may combine local authorities - 28

140. Penalty for violating or obstructing the execution of regula-

tions 154

MOBTUASIBS, &C.

141. Powerof local authority to provide mortuaries ... 108

142. Justice may in certain cases order removal of dead body to

mortuary 157

143. Power of local authority to provide places for post'tnartem

examinations 137 t

Part IV. Local Government Provisions

Highways AND Stbeets.

As to Bighwayt,

144. Powers of surveyors of highways and of vestries under 5 & 6

Will. 4, c. 50, vested in urban authority - • • - 68

145. Inhabitants of urban (^strict not liable to rates for roads

without district 71

146. Power of urban authority to agree as to making of new public

147* Power of urban authority to construct or adopt public bridges,

&c., over or under canals, &c. 18

148. Powerof urban authority to enter into agreements with turn-

pike trustees as to repair, &c., of roads .... 161

Regtdation of Streets and Buildings.

149. Vesting of streets, &c., in urban authority * - - -69

150. Power to compel paving, &c., of private streets « • -69 xii Arrangement of Clauses,

151. Exemption from expenses under last section of incumbent of

church, &c. - 78

152. Power to declare private streets when sewered, &c., to be high-

ways 70

153. Power to require gas and water pipes to be moved • - 66

154. Power to purchase premises for improvement of streets - 69

155. Power to regulate line of buildings 87

156. Buildings not to be brought forward - - - - - 88

157. Power to make bye-laws respecting new buildings, &c, - - 21

158. As to commencement of works and removal of works made

contrary to bye-laws 28

159. What to be deemed a new building 22

160. Incorporation of certain provisions of 10 & 11 Vict. c. 34 - 178

Lighting Streets, ^c,

161. Powers of urban authority for lighting thoir district - - 86

162. Power for sale of undertaking of gas company to urban autho-

rity 87

163. Watching and Lighting Act (3 & 4 Will. 4, c. 90) to be super-

seded by this Act - - 187

164. Urban authority may provide places of public recreation - 133

165. Urban authority may provide public clocks. - - - 27

166. Urban authority may provide markets .... lOl

167. Incorporation of provisions of 10 & 11 Vict. c. 14^ as to

markets 102

168. Power for sale of undertaking of market company to urban

169. Power to provide slaughter-houses ..... I7i

170. Notice to be affixed on slaughter-houses - - - - 171

Police Beoxtlatioits.

171. Incorporation of certain provisions of 10 k 11 "Vict c 89 - 177

172. Urban authority may make bye-laws for licensing horses,

. boati, &c.^for hire 73

• ••

Arrangement of Clauaes, xui

^ PART V.

GENERAL PROVISIONS.

CONTBACTS.

CLAUSE FAOE

173. Power of local authorities to contract ----- 34

174. Provisions to contracts by urban authority - - - - 34

Purchase of Lakds.

175. Power to purchase lands ----««- 145

176. Regulations as to purchase of land 145

177. Power to let lands 85

178. Provision for lands belonging to the Duchy of Lancaster - 52

Abbitbaiiok.

179. Mode of reference to arbitration ----- 6

180. Regulations as to arbitration

181. Claims under twenty pounds may be referred to court of sum-

mary jurisdiction - - - -,- - - -41

Bte-laws.

182. Authentication and alteration of bye-laws - - - 19

183. Power to impose penalties on breach of bye-laws - - 19

184. Confirmation of bye-laws - - - * - - 19

185. Bye-laws to be printed, &c. 20

186. Evidence of bye-kws 20

187. Bye-laws made under sect. 90 of 5 &6 Will. 4, c. 76, to be

submitted to Local Qovernment Board • - - - 20

188. As to regulations of local authority . • - • . 155

Officebs Ai^D CoimucT OF Business of Local Authobities.

Officers of Local Authorities,

189. Appointment of officers of urban authority - - - • 119

190. Appointment of officers of rural authority • • * - 120 xiv Arrangement of Clauses.

191. As to medical officer of health, &c. - - • - - 103

192. Offices tenable by same persons ...... 12Q

193. . Officers not to contract with local anthority ... 120

194. Officers introsted with money to give secority ... 120

195. Officers to account - 121

196. Summary proceedings against defanlting officers - - 121

Mode of Conducting Business,

197. Urban authority to provide offices ..... 122

198. Proceedings, &c., of urban authority being the council of a

borough --- -40

199. Meetings, &c., of urban authority not being the council of a

borough 105

200. Power of urban authority to appoint committees • - 28

201. Power of rural authority to delegate their powers and duties

to a committee ---.-.'-.29

202. Power of rural authority to form parochial committees - - 29

203. Casual vacancies in committees may be filled - - - 29

204. Meetings and proceedings of committees - - - .30

205. Inspectors may attend meetings of certain authorities - - 100

206. Local authority to report 159^

Part VI. Rating And Borrowing Powers, Etc

207. Mode of defraying expenses of urban authority - - - 59

208. Power in certain cases by provisional order to alter mode - 60-

General Digtriet JRate,

209. District fund account 47

210. Making g^eral district rate - - - - - 48

211. Assessment, &c., of general district rate - - - - 48

212. Inspection of poor rate books for purposes of assessment • 81

Arraiigenient of Clauses. xv

Private Improvement Mate,

218. Power to make private improvement rates - . - 138

214. Proportion of private improvement rate may be deducted

from rent • 139

215. Redemption of private improvement rates - - - - 189

Sighway Mate.

216. Costs of repairs of highways 71.

217. Certain acts not required to be done in case of highway rate

made by urban authority ------ 72

General Provisions as to Urban Sates.

218. Estimate to be prepared before making rates . . - 148

219. Bates to be open to inspection .----- 149-

220. Description of owner or occupier in rates ... - 149

221. Bates may be amended • - 149

222. Publication and collection of rates ..... 150

223. Evidence of rates 150

224. Power to make deduction from rate in certain cases • - 150

225. Power to reduce or remit rates 150

226. Saving for existing agreements - 35

227. Limit in local Act not to apply to rate for purposes of this

Act 87

228. Quota of rates to be paid by the universities, &c. - • - 23

Expenses of Bubal Authobity.

229. Expenses of rural authority - . - - - - 60

230. Mode of raising contributions in rural dUstrict - - - 3&

231. Bemedy for nonpayment by overseers of amount required by

precept of rural authority 151

232. As to private improvement expenses . . . • • 140

BoBBOwnfG Powers.

233. Power to borrow on credit of rates 14

234. Beg^ations as to exercise of borrowing powers - • - 15

235. Power to borrow on credit of sewage land and plant - - 16

236. Form of mortgage 167

237. Begister of mortgages 107

238. Transfer of mortgages 108

239. Beceiver may be appointed in certain cases ... - 151

XVI

Arrangement of Clauses^

43LA.VBE PAGS

240. Rentcharge may be granted in respect of advances made for

private improvements - 138

241. Beutcharges to be registered 158

242. Power of Public Works Loan CommiBsioners to lend to local

anthority - - 144

243. Power of Public Works Loan Commissioners to lend to local

authority on recommendation of Local Government Board 144

244. Borrowing powera of joint boards and certain other autho-

Audit.

Audit of Accounts of Zocal Authorities.

245. Accoimts of local authorities - - - - • • I

246. Audit where urban authority are a town council - - - 9

247. Audit where urban authority are not a town council - -10

248. Audit of accounts of rural authority • - - - > 12

249. Taxation of bill of solicitor or attorney .... 177 260. Auditor to audit accounts of officers - « » • ••IS

Part VII. Legal Proceedings

Prosecution of Offences and Recovery of PenaUidf S(e,

251. Summary proceedings for offences, penalties, &c.

252. General provisions as to summary proceedings

253. Restriction on re(*x)very of penalties

254. Application of penalties ....

255. Proceedings in certain cases against nuisances

256. Summary proceedings for recovery of rates

257. Recovery of expenses by local authority from owners

258. Justices may act though members of local authority or

to contribute

259. Appearance of local authorities in legal proceedings

260. Name of local authority need not be proved -

261. Demands below £50 may be recovered in county courts

262. Proceedings not to be quashed for want of form > liable

42 174

84 93 56 40 141

Arrangement of Clauses. xvii

CLIVSE PAGB

263. False- evidence punishable as perjury 132

264. Notice of action against local authority, &c. .... 10^

265. Protection of local authority and their officers from personal

liability 85

ybtices,

266. Notices, &c., may be printed or written .... 112-

267. Service of notices 167"

Appeal,

268. Appeal in certain cases to Local Qovemment Board . • 3

269. Appeal to quarter sesdons . ^.....4

Part VIII. Alteration Op Areas And Union Of Districts

Alteration of Areas,

270. Powers of Local Qovernment Board in relation to alteration

of areas 3^

271. Local Government Board may by provisional order constitute

local government district 163

272. Local Government Board may by order constitute local

government district in pursuance of a resolution of owners and ratepayers 163.

273. Objection to resolution 164

274. Appeal to Local Government Board in case of alleged in-

validity of vote 164

275. General provisions as to orders 164

276. Local Government Board may invest rural authority with

powers of urban authority - 185

277. Power of rural authority to form special drainage districts - 172

278. Power to settle disputes as to boundaries of districts - - 17

Union of Districts,

279. Formation of united district t* ••*••• 81

280. Ooveming body of united district - . • • • 82 xviii Arrangement of CUtiues*

CLAUBB FAQB

281. Contents of provisional order forming united district • • 82

282. Meetings and proceedings of joint boards .... 105

283. Expenses of joint board 61

284. Payment oi contributions to joint board * - - -37

285. Power to execute works in adjoining districts, and to com-

bine finr execution of works 57

286. Districts may be united for appointing a medical officer of

health 180

287. Constitution of port sanitary authority .... 134

288. Jurisdiction of port sanitary authority .... 135

289. Delegation of powers by port sanitary authority ... 135

290. Bxpenses of port sanitary anth(Hrify . - * . . 62

291. Provision as to port of London ...... 100

292. Proceedings for raising a sum for payment of debt within

district of a defaulting authority 136

Part IX. Local Government Board

Inquiries hy Board,

293. Power of board to direct inquiries 99

294. Orders as to costs of inquiries - - - - . - 99

295. Orders of board under this Act 122

296. Power of inspectors of Local Oovemment Board ... 100

BrotisioHal Orders by Board.

297. As to provifflonal orders made by Local Government Board - 142

298. Costs of provudonal orders 143

Power of Board to et^orce Performance of IhUy hy DtfamUing

Local Amtkorify,

299. Prooee^gsoncomplainttoboardof default of local authority 44

300. Further proviaon for recovery of expenses > . . - 62

301. Power of board to borrow to defiray expenses of performing

dnty of deiatilting authority 17

302. Recoviery of principal and interest 152

Arrangement of Clauses. xix

Powers of Board in relation to Local Acts, ^c,

303 Power to repeal and alter local Acts . • - • - 88 304. Settlement of differences arising out of transfer of powers or

property to local authority 168