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119
Notwithstanding anything contained in the by-laws made by the London
County Council in pursuance of the provisions of Section 39 (1) of the Public
Health (London) Act, 1891, in the case of the construction of any water-closet,
earth-closet, privy, ashpit, cesspool, or receptacle for dung and the proper
accessories thereof, the builder shall observe all the requirements contained in
the said by-laws, and he shall be liable to the penalties provided for a breach of
of the said by-laws. Provided that this by-law shall not remove or interfere with
any of the obligations which have been specifically imposed by the said by-laws
upon the owner or occupier of any premises.
In this by-law "builder" means the builder, contractor, or person actually
carrying out the work, but does not include a workman in the employ of such
builder, contractor, or person.
The foregoing by-law was made by the London County Council on the 15th
day of April, 1913, and the common seal of the Loudon County Council was
hereunto affixed on the 19th day of .June, 1913.
(Sd.)James Bird,
Deputy Clerk of the London County Council.
Allowed by the Local Government Board the eleventh day of July, 1913
(Sd.) H.C.Monro,
Secretary.
Acting on behalf of the said Board under
the authority of tlieir General Order
dotted the twenty-sixth day of May,
1877.
LEGAL DECISIONS.
Rex r. Pcck & Co., Ltd., and Another.
11 L.G.R. 136.
(Before Rowlatt J.)
Voluntary surrender of Unsound Fruit.
An indictment lies a limited company for the offence created by Section 47,
sub-section (3), of the Public Health. (London) Act, 1891, of selling articles of
food liable to be seized as unwholesome and unfit for the food of man.
But where after such a sale has taken placs, and before any seizure has
in fact been made by the medical officer or inspector, the purchaser has
voluntarily given up the unsound goods for condemnation by a magistrate, the
limited company, who sold them, are not guilty of an offence under Section 47,
sub-section (3), because the goods having been voluntarily given up were
incapable of seizure.
Reg. v. Dennis (1894), 2 Q.B. 458 ; 63 L.J.M.C. 153, followed.
Giivell v. Malpas (1906), 2 K.B. 32; 4 L.G.R. 668; 75 L.J.K.B. 647,
distinguished.