Mason v Bibby
| Jurisdiction | England & Wales |
| Judgment Date | 18 January 1864 |
| Date | 18 January 1864 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 365
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S C. 33 L J. M. C. 105, 10 Jur. (N. S) 519; 12 W. R. 382; 9 L T 692
[881] mason v. b[bby. Jan 18, 18(54 -By the "Public Health Act, 1848," s. 69, if any street (not being a highway) be not sewered, levelled, paved, &e., to the satisfaction of the Local Board of Health they may by notice in wilting to the respective owners or occupiers of the premises fronting such parts as may require to be sewered, &c , require them to sewer, &e., the same within a tune to be specified in such notice , and if such notice be not complied with, the Local Board may execute the works, and the expenses shall be laid by the owners in default By section 150, in all cases in which any notice is required to be given to the owner or occupier of any premises it shall be sufficient to address the notice to them by the description of the " owner" or "occupier " of the premises, and the notice shall be served either personally or by delivering the same to some inmate of the owner's or occupier's place of abode Held, that service of a notice by delivering it to the clerk of an owner at his place of business was a sufficient notice to satisfy the requirements of the 69th section, the 150th section being merely in aid of the service of notices . Per Pollock, C B , and Pigott, B - Per Martin, B, that the service was good under the 150th section. A place of business is a " place of abode," and a clerk an " inmate " within the meaning of the 150th section. [S C. 33 L J. M. C. 105 , 10 Jur. (N. S ) 519 ; 12 W. R. 382 ; 9 L T 692 ] Pursuant to the 20 & 21 Viet c. 43, s. 2, the following case was stated by two justices of the county of Lancaster for the opinion of this Court ò - A Local Board of Health for the district of Waterloo with Seaforth, in the county of Lancaster, has been duly constituted under the provisions of " The Public Health Act, 1848 " (11 & 12 Viet c. 63). By sect 69 of that Act it is enacted, "That in oase any present or future street, or any part thereof (not being a highway) be not sewered, levelled, paved, flagged and channelled to the satisfaction of the Local Board of Health, suich Board may, by notice in writing to the respective owners or occupiers of the premises fronting, adjoining or abutting upon such parts thereof as may require to be sewered, levelled, paved, nagged or channelled, requrre them to sewer, level, pave, flag or channel the same within a time to be specified in such notice, and if such notice be not complied with, the said Local Board may, if they shall think fit, execute the works mentioned or referred to therein, and the expenses incurred by them in so doing shall be paid by the owners in default," according to and as therein specified. By section 150 of the Public Health Act, 1848, it is enacted, that "in all cases in which any notice is by this [882] Act required to be given to the owner or occupier of any premises, it shall be sufficient to address the notice to them by the description of the 'owner' or 'occupier' (as the case may require) of the premises (naming them) in respect of which the notice is given, without further name or description ; and the notice shall be served upon them or one of them, as the case may require, either personally or by delivering the same to some inmate of his or their place of abode, or in the case of the occupier (and also in case of the owner rf his plice of abode be unknown) upon any...
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