The Blackpool Local of Health v Kenyon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1859 |
| Date | 01 January 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 787
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
the blackpool local board of health ?ò. kenyon. 1859. Blackpool is a watering place in the township of Lay ton with Warbrick, in the county of Lancaster; and is bounded on the side in question in this case by the Irish Sea Between mean high and low water mark is about 500 yards At high water, during spring tides, the sea meets the sea-wall called the Hulking, and at neap tides approaches to within from 40 to 50 yards of the foot of the said Hulking. [133] The communication from the road above the Hulking to the beach sands is by roads called Slades, from 200 to 300 yards apart from each other. (The case then stated the order in council, as in the foregoing case ()) On the 15th day of December, 1851, the nine pet sons appointed members of the said Local Board of Health for the said distuct held their first meeting. (The case then stated, as in the foregoing case, the passing of the Blackpool Improvement Act, &c , the making of bye-laws, and it set out the fifth bye-law (i)) In pursuance of this fifth bye-law, seven stands between high and low water mark have for the last two years been appointed by the Local Board as stands on the beach sands, containing altogether standing for one hundred and forty asses, and th", total number of licensed asses in the district is 104 These stands are indicated by numbered boards, having painted on each the number £ f asses allowed to ply at each stand. On the llth day of June, 1858, at the Petty Sessions at Bradford, Margaret Kenyon appeared before us, the said justices, in obedience to and to take her trial on a summons charging her with a violation of the said bye-laws And at the hearing of the said summons, it was proved to our satisfaction that on the 28th day of May last the said Margaret Kenyon was on the said sands between high and low water mark, and was then and there the person attending certain licensed asses and plying for hire at a place between twenty and thirty yards from the Hulking and about the same distance from the nearest of the said stands, and that such place was not one of the stands aforesaid nor a railway station [134] The defence by the said Margaret Kenyon was, the claim that she had a right to do what was proved, and that we, the said justices, had no jurisdiction , that she was not guilty of any offence We did not consider the said defence to be sufficient...
To continue reading
Request your trial
-
Arderne Scott Thesen Ltd v Cape Provincial Administration
...minds, and on 1937 AD p460 Stratford, J.A. which no vote has been taken. The test laid down in Blackpool Local Board of Health v Kenyon (4 H. & N. 132), viz.: "If the good part is independent and unconnected with the bad the good part would be valid and binding," is more satisfactory becaus......
-
Arderne Scott Thesen Ltd v Cape Provincial Administration
...their minds, and on Stratford, J.A. which no vote has been taken. The test laid down in Blackpool Local Board of Health v Kenyon (4 H. & N. 132), viz.: "If the good part is independent and unconnected with the bad the good part would be valid and binding," is more satisfactory because, in m......