Public Health Act 1848

JurisdictionUK Non-devolved
Citation1848 c. 63
Anno Regni VICTORI, Britanniarum Regin, Undecimo & Duodecimo. An Act for promoting the Public Health.

(11 & 12 Vict.) C A P. LXIII.

[31st August 1848]

'WHEREAS further and more effectual Provision ought to be made for improving the sanitary Condition of Towns and populous Places inEngland and Wales, and it is expedient that the Supply of Water to such Towns and Places, and the Sewerage, Drainage, cleansing, and paving thereof, should, as far as practicable, be placed under one and the same local Management and Control, subject to such general Supervision as is herein-after provided:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Actmay from Time to Time be applied, in manner herein-after provided, to any Part ofEngland and Wales, except the Parts next herein-after mentioned; (that is to say,) the City of London and the Liberties thereof, the Parts within the Limits of certain Commissions of Sewers bearing Date at Westminster the Thirtieth Day of November in the Year of our Lord One thousand eight hundred and forty-seven, also the Parts within the Limits of a certain other Commission of Sewers bearing Date at Westminster, the Fourth Day of December in the Year last aforesaid, and the Parts subject to the Jurisdiction of the Commissioners acting in the Execution of an Act of the Fifth Year of the Reign of King George the Fourth, for (amongst other things) more effectually paving, lighting, watching, cleansing, and regulating the Regent's Pork, and in the Execution of the several Acts for extending the Jurisdiction of such Commissioners.

S-II Interpretation of Terms:

II Interpretation of Terms:

II. And be it enacted, That in the Construction of this Act the following Words and Expressions shall have the Meanings hereby assigned to them, unless such Meanings be repugnant to or inconsistent with the Context or Subject Matter in which such Words or Expressions occur; (that is to say,)

Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number:

Words importing the Masculine Gender shall include Females:

The Word ‘Person’ and Words applying to any Person or Individual shall apply to and include Corporations, whether aggregate or sole:

The Word ‘Lands’ and the Word ‘Premises’ shall include Messuages, Buildings, Lands, and Hereditaments of any Tenure:

The Word ‘Owner’ shall mean the Person for the Time being receiving the Rack Rent of the Lands or Premises in connexion with which the said Word is used, whether on his own Account or as Agent or Trustee for any other Person, or who would so receive the same if such Lands or Premises were let at a Rack Rent:

The Expression ‘Rack Rent’ shall mean Rent which is not less than Two Thirds of the full net annual Value of the Property out of which the Rent arises; and the full net annual Value shall be taken to be the Rent at which the Property might reasonably be expected to let from Year to Year, free from all usual Tenant's Rates and Taxes, and Tithe Commutation Rent-charge (if any), and deducting therefrom the probable average annual Cost of the Repairs, Insurance, and other Expenses (if any) necessary to maintain the same in a State to command such Rent:

The Word ‘Month’ shall mean Calendar Month:

The Expression ‘Commissioners of Her Majesty's Treasury’ shall mean the Commissioners of Her Majesty's Treasury of the United Kingdom ofGreat Britain and Ireland for the Time being, or any Three or more of them, or the Lord High Treasurer of the United Kingdom of Great Britain and Ireland for the Time being:

The Expression ‘Superior Courts’ shall include Her Majesty's Superior Courts of Record atWestminster, and the Court of Common Pleas of the County Palatine of Lancaster, and the Court of Pleas of the County of Durham:

The Word ‘Justice’ shall mean any Justice of the Peace acting for the Place in which the Matter or any Part of the Matter, as the Case may be, requiring the Cognizance of the ‘Justice’ arises:

The Expression ‘Two Justices’ shall mean Two or more Justices assembled and acting together in Petty Sessions, or One Stipendiary or Police Magistrate acting in any Police Court, for the Place in which the Matter or any Part of the Matter, as the Case may be, requiring the Cognizance of ‘Two Justices’ arises:

The Expression ‘Court of General or Quarter Sessions’ shall mean the Court of General or Quarter Sessions of the Peace having Jurisdiction over the whole or any Part of the District or Place, as the Case may be, in which the Matter requiring the Cognizance of the ‘Court of General or Quarter Sessions’ arises:

The Word ‘Arbitrators’ shall include a single Arbitrator; and the Words ‘Arbitrators’ and ‘Arbitrator’ shall include an Umpire:

The Word ‘Oath’ shall mean and include an Affirmation in the Case of Quakers, and a Declaration in the Case of Persons allowed by Law to make a Declaration in lieu of an Oath:

The Expression ‘Corporate Borough’ shall mean any Corporate Borough mentioned in the Schedules annexed to an Act passed in the Sixth Year of the Reign of KingWilliam the Fourth, intituled An Actfor the Regulation of Municipal Corporations in England and Wales, and any Borough incorporated by Charter granted or to be granted in pursuance of that or any subsequent Act:

The Word ‘District’ shall mean the entire Area, Places, or Parts of Places comprised within the Limits of any District to which this Act or any Part thereof shall be applied by Order in Council or Provisional Order of the General Board of Health, sanctioned by Parliament:

The Expression ‘Corporate District’ shall mean a District in which the Powers, Authorities, and Duties of the Local Board of Health of the District are exercised and executed by the Council of a Corporate Borough:

The Expression ‘Noncorporate District’ shall mean a District in which the Powers, Authorities, and Duties of the Local Board of Health of the District are not exercised and executed by the Council of a Corporate Borough:

The Word ‘Street’ shall apply to and include any Highway (not being a Turnpike Road), and any Road, public Bridge (not being a County Bridge), Lane, Footway, Square, Court, Alley, Passage, whether a Thoroughfare or not, and the Parts of any such Highway, Road, Bridge, Lane, Footway, Square, Court, Alley, or Passage within the Limits of any District:

The Word ‘House’ shall include Schools, Factories, and other Buildings in which more than Twenty Persons are employed at One Time:

The Word ‘Drain’ shall mean and include any Drain of and used for the Drainage of One Building only, or Premises within the same Curtilage, and made merely for the Purpose of communicating therefrom, with a Cesspool or other like Receptacle for Drainage, or with a Sewer into which the Drainage of Two or more Buildings or Premises occupied by different Persons is conveyed:

The Word ‘Sewer’ shall mean and include Sewers and Drains of every Description, except Drains to which the Word ‘Drain’ interpreted as aforesaid applies:

The Term ‘Slaughter-house’ shall mean and include the Buildings and Places commonly called Slaughter-houses and Knackers Yards, and any Building or Place used for slaughtering Cattle, Horses, or Animals of any Description for Sale:

The Expression ‘Waterworks Company’ shall mean any Corporation, Person, or Company of Persons supplying or who may hereafter supply Water for their own Profit:

The Term ‘Waterworks’ shall include Streams, Springs, Wells, Pumps, Reservoirs, Cisterns, Tanks, Aqueducts, Cuts, Sluices, Mains, Pipes, Culverts, Engines, and all Machinery, Lands, Buildings, and Things for supplying or used for supplying Water, also the Stock in Trade of any Waterworks Company:

The Expression ‘the Local Board of Health’ shall mean the Persons authorized to execute in each District all or any of the Powers, Authorities, and Duties vested in or imposed upon the Local Board of Health by this Act:

The Expressions ‘the Officer of Health,’‘the Clerk,’‘the Treasurer,’‘the Surveyor,’‘the Inspector of Nuisances,’ shall mean the Persons respectively appointed to be or authorized to execute the Offices of the Officers of Health, Clerk, Treasurer, Surveyor, and Inspector of Nuisances respectively in each District for the Purposes of this Act.

S-III Mode of citing this Act.

III Mode of citing this Act.

III. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments and other Proceedings, it shall be sufficient to use the Words ‘The Public Health Act, 1848.’

S-IV General Board of Health to be constituted.

IV General Board of Health to be constituted.

IV. And be it enacted, That the First Commissioner for the Time being of Her Majesty's Woods and Forests, Land Revenues, Works, and Buildings, together with such Two other Persons as Her Majesty by Warrant under the Royal Sign Manual may be pleased to appoint, shall be and constitute a Board for superintending the Execution of this Act, and shall be called ‘The General Board of Health,’ and shall have and execute all the Powers and Duties vested in or imposed on such Board by this Act, and the said First Commissioner shall be the President of the said Board; and Her Majesty may from Time to Time, at Her Pleasure, remove all or any of the Persons so appointed by Her, and appoint others in their Stead; and the Powers and Duties vested in the said Board by this Act may be exercised and executed by any Two Members thereof; and during any Vacancy in the said Board the continuing Members or Member thereof may act as if no Vacancy had occurred: Provided always, that the said General Board of Health shall be continued only for Five Years next after the Day of the passing of this Act, and thenceforth until the End of the then next Session of...

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