spectively or retrospectively, and to be levied in general on the occupiers of property liable to the poor rate (x).

Secondly. By 18 & 19 Vict. c. 116, called "The Diseases Prevention Act, 1855" (amended by 23 & 24 Vict. c. 77, ss. 10-12), it was provided, that from time to time official inquiries might be set on foot as to matters concerning the public health; and that when any part of England appeared to be threatened with, or to be affected by, any formidable epidemic, endemic, or contagious disease, the Act might be directed to be there put in force and while so in force the place should be under special regulations for speedy interments; for visitation from house to house; and for the dispensing of medicines, guarding against the spread of disease, and providing such medical aid and accommodation as might be required. And the execution of all such directions was directed to belong to the "local authority for executing the Act;" that is to say, to the guardians and overseers of each parish (y).

Thirdly. By 18 & 19 Vict. c. 121 (z), called "The Nuisances Removal Act for England, 1855" (a), it was enacted, that the "local authority" established for the execution of that Act,—that is, in general, the "Local Board of Health" of the place wherever such a body exists (6), shall appoint, or join with other local autho

(x) See 23 Vict. c. 16, s. 12. (y) 23 & 24 Vict. c. 77, s. 11. As to the local authorities for preventing diseases in the metropolis, see 18 & 19 Vict. c. 120; 23 & 24 Vict. c. 77, s. 10.

(z) This Act repeals (so far as they relate to England) the 11 & 12 Vict. c. 123, and 12 & 13 Vict. c. 111, on the same subject. There had been a previous Act of 9 & 10 Vict. c. 96, which expired in 1848. As to the construction of 18 & 19

Vict. c. 121, see The Queen v.
Cotton, 1 E. & E. 203.

(a) This Act was amended in certain of its provisions by 23 & 24 Vict. c. 77, ss. 1-9; 26 & 27 Vict. c. 117; 29 & 30 Vict. c. 41, and the second part of 29 & 30 Vict. c. 90; which last statute is called "The Sanitary Act, 1866."

(b) As to a Local Board of Health, vide sup. p. 173. In any place where there is no such Board, other local authorities for the re

rities in appointing, for each place a "Sanitary Inspector" or "Inspectors." The duties of such inspectors are to attend at the office of the Board and their meetings; to enter their minutes and keep their accounts; to examine into the state of facts with regard to nuisances (c); and generally to fulfil the instructions of the Board as the occasion may arise. The local authority and their officers are empowered to examine any premises as to which any suspicion of nuisance exists or complaint is made (d); and to inspect all articles of food exposed for sale or in the course of carriage or preparation for sale or use (e). And they may also summon any offender before two justices of the peace in petty sessions, and obtain an order requiring the abatement or discontinuance of any nuisance that may have been found on such premises; or for the destruction of any article of food so examined, which the justices may deem unfit for the food of man (f).

Fourthly. The carrying out of the Public Health Act, 1848, was originally entrusted to "the General Board of

moval of nuisances are appointed by the 23 & 24 Vict. c. 77, according to the following order:-The Town Council; the Trustees or Commissioners under Local Improvement Acts; and lastly, the Guardians or Overseers;-each of the three bodies above mentioned being in turn the local authority, in case of the nonexistence of the body next before it in the series. There is, however, a proviso that, in certain cases, the local authority may be the "Highway Board," or the "Nuisances Removal Committee," of the place (if there were such bodies acting when that Act passed), but only so long as they continue to employ sanitary inspectors. As to the metropolis, see 18 & 19 Vict. c. 120; 23 & 24

Vict. c. 77, s. 6.

(c) In 18 & 19 Vict. c. 121, s. 8, a description is given of the different "nuisances" which are to be deemed as falling within the

statute.

(d) See Cocker v. Cardwell, Law Rep., 5 Q. B. 15.

(e) See Young v. Grattridge, Law Rep., 4 Q. B. 166.

(f) 18 & 19 Vict. c. 121, ss. 12— 27. And see Ex parte the Mayor of Liverpool, 8 Ell. & Bl. 537; The Queen v. Cotton, 1 E. & E. 203; Amys v. Creed, Law Rep., 4 Q. B. 122. As to the funds out of which the expenses which may attend the proceedings of the local authority are to be defrayed, see 23 & 24 Vict. c. 77, s. 4.

Health," which, however, ceased to exist in the year 1858, and some of its duties were then transferred to the secretary of state for the Home Department and others to the Privy Council; which last had always had the jurisdiction of carrying out the provisions of the Diseases Prevention Act, 1855. But in the year 1871, it was considered. desirable to concentrate in a single department of the government the supervision of the laws relating to the public health, to the relief of the poor, and to local government. And, accordingly, by 34 & 35 Vict. c. 70 there was established "The Local Government Board," to which by the same statute was transferred all the powers and duties not only of the Poor Law Board -which then ceased to exist as we have already had occasion to mention (g),-but also such as had previously been vested or imposed in the secretary of state for the Home Department, (or in the Privy Council,) in reference to the "Local Government Acts" and "The Diseases Prevention Act, 1855," as well as to some other statutes enumerated in the schedule of the 34 & 35 Vict. c. 70,all of them having more or less connection with sanitary matters and local improvements.

Fifthly. Since the establishment of the Local Government Board just mentioned, an Act has passed to again amend the law relating to public health, viz., the 35 & 36 Vict. c. 79, called "The Public Health Act, 1872" (h).

The general plan of this statute (which does not, except in certain of its provisions, apply to the metropolis) is to divide England into urban sanitary districts and rural sanitary districts; the first consisting of all boroughs (i), improvement Act districts (k), and local government dis

(g) Vide sup. p. 49.

(h) This Act has been amended as to Cambridge by 36 & 37 Vict. c. 73.

(i) That is to say, any place subject to the Municipal Corporation Acts (35 & 36 Vict. c. 79, s. 60).

(k) That is to say, any area sub

tricts (); and the second consisting of such poor law unions as are not coincident in area with, or wholly included in, an urban district (m).

Each urban district is to be subject to local authorities called "urban sanitary authorities," and each rural district to "rural sanitary authorities;" and subject to the provisions of the Act, the "Local Government Acts" are to be deemed in force within the district of every urban sanitary authority; to whom shall be transferred and attach, to the exclusion of any other previous authority, all the powers, rights and duties of a "local board" under the Local Government Acts, of the "nuisance authority" under the Nuisances Removal Act, and of the authorities under such other Acts as are specified in the statute (n). And there shall be transferred and attach to a rural sanitary authority, to the exclusion of any previous authority, all the powers, rights and duties of the authority under the Nuisances Removal Acts and the Diseases Prevention Act, and under such other Acts as are specified in the statute (0).

It forms an important provision of this new Act, and the only one which we shall here specify, that every rural and urban sanitary authority shall appoint from time to time a legally qualified medical officer of health, who shall be under the general superintendence and control of the Local Government Board; by whose authority his qualification, appointment, duties, salary and term of office

ject to the jurisdiction of any commissioners, trustees or other persons invested by any local Act with powers of town government and rating. (35 & 36 Vict. c. 79, s. 60.)

(1) That is to say, any area subject to the jurisdiction of a "local board," under the Local Government Acts. (Ibid.)

(m) Sect. 5.

(n) Sect. 7. Viz., the Sewage VOL. III.

Utilization Acts, the Common Lodging Houses Acts, the Artizan and Labourers Dwelling Acts, the Bakehouse Regulation Act, the Baths and Washhouses Act, and the Labouring Classes Lodging Houses Acts. (Ibid.)

(0) Viz., the Sewage Utilization Acts, the Common Lodging Houses Acts, and the Bakehouse Regulation Act. (35 & 36 Vict. c. 79, s. 9.)

N

shall be regulated (p); and that every sanitary authority has the power to direct the destruction of any bedding, clothing or other articles which have been exposed to infection from any dangerous infectious disorder and to give compensation for the same (g).