London's Pulse: Medical Officer of Health reports 1848-1972

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Marylebone 1904

[Report of the Medical Officer of Health for St. Marylebone, Metropolitan Borough]

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22
A sample of rum, brought by a private purchaser, could hardly
be called of the nature and quality of the article demanded,
because it was evidently derived from the dregs of a rum cask, and
was full of dirt and debris.
SANITARY LEGISLATION AND IMPORTANT
LEGAL CASES BEARING ON PUBLIC HEALTH,
1904.
No important legislation directly affecting the work of the
Public Health Department took place during 1904.
The following brief notes of important decisions may, however,
be useful:—
REGULATIONS AS TO DRAINS.
The appeal case of the London School Board v. Fulham
Borough Council clearly shows that if in a particular case the
Local Authority require, under the Metropolitan Management
Act of 1855, old drains to be taken up, such requirements can
be enforced.
In this case the School Board had submitted plans for the
drainage of a school. The plans were passed with the express
stipulation that a certain regulation made by the Fulham Local
Authority, under the powers of the Metropolis Local Management
Act, 1855, Sections 76, 83, was to be complied with. The
regulation provided that all old drains were to be removed.
The School Board, however, on making the new system of
drainage, cut the old drains off and cleaned them, but did not
remove them. Proceedings were taken before a magistrate, and
a penalty imposed on the Board. The Board appealed, but the
appeal was dismissed.
COUNTY COUNCIL BY-LAWS.
As apart of the history of the, year, the decisions of the
High Court maybe mentioned in Nokes and another v. Islington
Borough Council, and Styles v. Colinsky, under which certain
by-laws compelling an owner to provide water closet accommodation
in lodging houses in the proportion of one closet for
every twelve adults, and also a by-law, made under Section
94, Public Health (London) Act, requiring premises to be
cleansed in the month of April of each year, were held to
be unreasonable, not on their merits, but mainly because no
provision was made for giving notice to the party in default.
It is not necessary to detail these cases because the London
County Council took immediate steps to remedy the defect in
the by-law, besides which there is ample statutory power to
deal with deficient water closet accommodation and dirty
premises irrespective of any by-law.