The Public Health ACT, 1875; And the Law Relating to Public Health, Local Government, and Urban and Rural Sanitary Authorities with Introduction, Table of Statutes, Table of Reference to the Repealed Statutes, Table of Cases, Appendices

The Public Health ACT, 1875; And the Law Relating to Public Health, Local Government, and Urban and Rural Sanitary Authorities with Introduction, Table of Statutes, Table of Reference to the Repealed Statutes, Table of Cases, Appendices

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ... Mellor, J., dUsentiente Blackburn, J, it was held that the Commissioners were not liable to an action at the suit of the owners of the ncighlxmring lands. Coe v. Wise, 5 B. & S. 440; 10 L. T. (ha) 666. But on appeal to the Court of A.d. 1875. Exchequer Chamber, that Court, on the authority of the Mersey Docks Cast, reversed the decision, for the reasons given in the judgment of Blackburn, J., in the Court below, namely, that as thrre was an absolute duty impost! on the Commissioners of maintaining the sluice, they were liable to the damage caused bv the negligent performance of that duty bv their servants. Coe v. Wue, 14 L. T. (s.s.) 891; L. 11. 1 Q. B. Ill; 7B. A S. 831; Ml L. J. Q. B. 202. Under sects. 69, 70, of the Metropolitan Sewers Act (11 & 12 Vict. c. 112), it was held that power was given to resort to arbitration only in those cases where the mere amount of compensation was disputed, not in cases where the liability to make any compensation at all was denied. Bfg. v. Metropolitan Commissioners of Sewers, 1 E. & B. 094. In another case the Court granted a mandamus commanding a Local Board of Health to make compensation for damage sustained by reason of their sinking shafts near to and making sewers under certain houses within their district. Reg. v. Burslem, 22 J. P. 400. And the roturn to the writ showing that the prosecutor had not taken any steps towards having the amount of damage determined or ascertained in the manner provided for by the Act, nor given nor delivered to the defendants any notice in writing or otherwise of the claim for compensation, or of the cause or amount thereof, nor informed them whether it exceeded the sum of 202., nor appointed an arbitrator, nor given notice of an intention on his part to do so;...show more

Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236552024
  • 9781236552020