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96
In the case of the Attorney-General V Hanwell Urban District
Council, decided in the Court of Appeal, before Lord Alverstone, Master of
the Rolls, and Lords Justice Rigby and Collins, on 20th June, 1900, it was
held that an Order of the Local Government Board, under Section 175 of the
Public Health Act, 1875, could only authorise a local authority to retain land
not required for the purpose for which it had been acquired instead of selling
it, but did not extend to enable them to apply the land permanently to another
purpose. (1900, W. N., 138; 35 L. J., 384; 109 L. T., 174.)
Part III, Housing of the Working Classes Act, 1890.—The Borough
Council possesses power to adopt Part III. of the Housing of the Working
Classes Act, 1890, which includes power to acquire land (Section 57), to lease,
appropriate, or purchase existing working class dwelling houses, and to erect
or convert bnildings into dwelling houses (Sections 57-59), and to manage and
regulate dwelling-houses (Sections 61-2 and Schedule VI.) belonging to the
Borough Council.
The limitation to the exercise of the power within the Borough is removed
by the Housing of the Working Classes Act, 1900 (63 & 64 Vict. cap. 59)
by which it is provided that where any Council, other than a rural district
Council, have adopted Part III. of the Housing of the Working Classes Act,
1890, they may, for supplying the needs of their district, establish or acquire
lodging houses for the working classes under that Part outside their district.
Bye-laws under the Municipal Corporations Act, 1882.—By Section 23 of the
Municipal Corporations Act, 1882 (45 & 46 Vict., cap. 50), as applied by
Section 16 of the Local Government Act, 1888, as applied by Schedule 2,
Part II., of the London Government Act, 1899, it is provided that—
The Council may from time to time make such Bye-laws as to them
seem meet for the good rule and government of the Borough and
for the prevention and suppression of nuisances not already punishable
in a summary manner by virtue of any Act in force throughout
the Borough, and may thereby appoint such fines, not
exceeding in any case five pounds, as they deem necessary for. the
prevention and suppression of offences against the same.
ORDER OF LOCAL GOVERNMENT BOARD AS TO PLAGUE.
An Order was issued by the Local Government Board, dated 19th
September, 1900, making Plague a compulsorily notifiable disease under
Section 55 of the Public Health (London) Act, 1891.
DEFINITION OF "OWNER."
Broadbent v. Shepherd.— This case, decided by the Lord Chief Justice and
Mr. Justice Kennedy, in the Queen's Bench Division of the High Court, on
the loth November, 1909, is of the greatest importance. The Lord Chief
Justice pointed out that the word "owner" was expressly defined to include a
person who received the rack rent, whether on his own account or as agent or
trustee, and that there was no reason why it should not include a rent
collector, the object of Parliament having been to give local authorities some
one who could easily be got at for the prompt abatement of a nuisance.