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process was always applied for by the council's solicitor. The
offence in the present instance did not happen to fall into either
class. But even if it did, the language of the Section 107 (3)
'subject to the direction of the Sanitary Authority or a
committee thereof' was capable at least of meaning such
direction as it might choose to give, but however this might be,
there was nothing in section 107 (3) or as regards committees
in section 99 (4) compelling the authority to give directions in
any particular form or manner and, if so, he thought that the
course of business adopted by the council and committees
might well justify the action of the respondent as resting upon
an implied direction and authority on ratification." The
magistrate accordingly convicted the appellant.
On the hearing of the appeal by a Divisional Court consisting
of the Lord Chief Justice of England, Mr. Justice
Darling and Mr. Justice Bray, it was submitted on behalf of
the appellant that Section 107 (3) made it a condition precedent
that the Inspector prosecuting should have the express authority
of the Sanitary Authority, the case of Isle of Wight Ferry Co.
v. Ryde Commissioners, 25 J.P. 454, being cited in support of
the contention and it was urged that the fact that the summons
was taken out on behalf of the Sanitary Authority was important
as regards liability for costs.
The Lord Chief Justice, in giving judgment, said that the
appeal must fail, as the case was practically covered by authority.
The really important question was whether an individual could
take proceedings under Section 47 (2) of the Public Health
(London) Act, 1891. He agreed that section 47 operated to
give only certain powers to individuals, and that for certain
purposes the rights and duties of the Sanitary luspector and
Medical Officer were hedged in by provisions for the protection
of the ratepayers and of the sanitary authority, who were or
might be their principals. If the sanitary authority were going
to delegate their power to take proceedings to a particular officer
they must do so under Section 123 by a resolution. If a committee
was going to authorise some one on their behalf to make
complaints they must do so in accordance with Section 99 (4).