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682

Index.

Saving-for Acts of disqualified members of local board, 303, 321, or acts done under Local Acts, 297; Agreements between landlord and tenant as to rates, 219; Authorities existing at passing of Act, 292; Body collegiate or corporate, 297; Bye-laws under Sanitary Acts, 292; Contracts between landlord and tenant in certain cases, 290; Government departments, 297; Local boards existing at passing of Act, 322, and certain boards first elected between 7th August, 1874, and 11th August, 1875, 321, for composition of certain local boards, 297; Metropolitan board of works, 297; Mines, minerals, and working of metals, 296; Officers in office at passing of act, 292; Oxford local government district, 299; Payments in respect of drains from without district, 297; Proceedings under local acts, 297, under repealed acts, 301; Qualifications for local boards, 297; Register of owners and proxies made before passing of act, 309; Rights of clerk or treasurer in certain cases, 290, of commissioners of sewers, and of navigation and water rights, &c., 293, rights in respect of water, 296, or to tolls on canals, &c., 295; Special district rates, and money borrowed on credit of them, 290; Validity of certain securities, 290

Scale of Voting at election of local board, 308
Scarborough, Life-boats, &c., at, 359

Scavenging and Cleansing, 38-42

River Thames, 403; Instructions as to, to lock-keepers, &c.,411 Schedule:-of Forms, 328; Repealed statutes, 341; Re-enactments, 343; Rules as to meetings and proceedings of local boards, 302, adoption of them by improvement commissioners, 182; Rules as to elections of local boards, 304

Scheduled Lands not required for improvements may be taken under compulsory powers, 128

Schedules, Construction of, 289; Forms in, may be used, 289

for Common lodging-house keepers, 65

School-house, Loan commissioners may lend money for, 533

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when it may be built on burial ground, 367

Schools, Bequests, &c., for, exempt from Mortmain Ácts, 545; included in Houses," 5; Sunday and Ragged schools exempt from rates, 204; Trustee of, liable for expenses of repairing private street, 119

Science, Premises for purposes of, exempt from rates, 211

Scrutiny of Votes not allowed, 314

Sea, Drainage into, not to create nuisance, 20

Shore, Bathing on, bye-laws, 360; Jurisdiction of local board upon, 159; Limits of Parish situated on, 3

Walls for preventing inundations, 34

Weed, harbour company bound to remove, 77

Seal, Appointment of officer need not be under, 176; Improvement Commissioners and Local Boards to have, 10; of Local Authority, to be affixed to bye-laws, 172, to mortgages, 226, when to be affixed to contracts, 161, 163, 164; of Local Government Board, 546; of Municipal Corporation, forgery of, 554

Search for Obscene books, 154

Warrant for petroleum, 375, 376, for unsound food, 95 Second Conviction for Overcrowding house, 86; of Hackney carriage driver or proprietor, 158

Secretary of Local Government Board may sit in parliament, 546

of State, Appeal to, on refusal of petroleum licence, 373, 374; Appointment of temporary magistrate, by, 400; Order of, quashed on removal by certiorari, 275; Powers, &c., of, transferred to local government board, 344, 345, 545; Secretary for War, diversion of highways, sewers, &c., by, 18, of streams, 19, drains interfered with by him, 294

Security:-for Costs of meeting of owners and ratepayers, 327; Execution of contract, 162; Loans under Public Works Loans Act, 516, 526

of Reservoirs, 489; of Ruinous Buildings, 458

Saving for validity of, in certain cases, 290; Surety not discharged by summary proceedings against defaulter, 181

to be given by officers, 180

Seizure-of unsound Food, 94, 95; of Liquors kept for unlawful sale, 93 Select Committee on bill confirming provisional order may award costs, 274 Selected Members of certain local boards, provisions as to, 321

Separation of part of District, 257

Sequestration, order for, against public body for Contempt, 21

Servants, Saving for those employed at passing of act, 292; see Officers Service of Notices, Orders, &c., 253, how, in case of persons having rights over lands in common, 167; as to Sewage works without district of local authority, 35; to Pave, &c., private street, 121

under Artizans', &c, Dwellings Act, 431, 437; Artizans', &c., Dwellings Improvement Act, 442; Public Works Loans Act, 529; Towns Improvement Clauses Act, 137

Sessions, see Quarter Sessions, Special Sesssions Sewage:-Farms, power of local authority respecting, 31; Injunction to restrain pollution of water by, 16, 17, 19, 22, 29, reference to expert before granting injunction, 72; Land and Plant, mortgage of, 226; Pollution of Thames by, 401-407; Powers of local authority as to disinfection, disposal and distribution of, 28; Purification of, before discharge into stream, 19, 30; Reservoir for, local board restrained from making, 29; Supply of, by local authority, 31; System creating nuisance, restrained by injunction, 20, 21; Water, prescriptive right to, 18; Works without district of local authority, 34, how, if objection is made to them, 35, inspector may be appointed by local government board to hold inquiry as to, 35

Sewerage and Drainage, 14; Disposal of sewage, 28; of New Streets, byelaws as to, 131; of Private Streets, how enforced, 115, form of notice to owners, 116; Regulations as to sewers and drains, 14; Report of commissioners as to, 23; Special Drainage District may be formed and charged with expenses of 262, dissolution of such district, 290; Union of districts for purposes of, 263

Sewers, Alteration of, 23; Apportionment of expenses of making, 27, 220; Buildings not to be erected over, 28; Cleansing of, 16, 23, how, when they are under turnpike road, 43; Commission of, 31, 32; Communication of, with those of adjoining district, 30; Default of local authority in providing, 274; Definition of, 6; Discontinuance of, 23; Diversion of, by secretary of state for war, 18; Drain from without district communicating with, saving or payments in such case, 297; Entry on lands to examine, 279; Expenses of, in rural district to be special expenses, 220; Fences to, when to be made, 113; Houses newlyerected or rebuilt, to be drained into, 28; Interference of, with flowing water, 17, with navigation and water rights, 295, 296, arbitration in such case, 296; Maintenance of, by local authority, 15; Making of, by local authority, 15, nuisance not be created thereby, 15; Mandamus to make, refused, 15; Maps of, 23, to be open to inspection, 23, Owners and Occupiers may drain premises within the district of the local authority into, 24, how, when premises are without the district, 26, they may be required to drain undrained house into, 26, how, if they make default in draining it, 27; Powers for carrying them through lands, &c., 17; Precautions during repair, &c., of, 137, 459; Purchase of, by local authority, 14; Purification of sewage before discharge from, 19; Regulations as to, 14; Ventilation of, 23; Vesting of, in local authority, 14

Shafts of Mines, unfenced, 72

Sheep droppings, Nuisance from, 75

Ships, Carrying Petroleum, bye-laws as to, 370, 371, notice to be given by master or owner, 371; Charges of poor law medical officer for attending on board, 106; Entry on, for preventing epidemic diseases, 106; Her Majesty's, not subject to nuisance jurisdiction, 87; Master of, to be deemed the occupier, 87; Nuisances on, 86; Quarantine Act applied to, 103; order of local government board under the act, 103; Removal of infected Person from, 97; Regulations as to such removal, 97 Shooting, Rating rights of, 209

Shop, meaning of, under Markets and Fairs Clauses Act, 144, 145
Shore of Sea, limits of parish situated on, 3

Sick, Places for the reception of, 100; see Diseases

Signature:-of Clerk or other Officer to notices, &c., 252; of Urban Authority to highway rate not required, 208; to document of Municipal Corporation, forgery of, 554

Sinking Fund :- for repayment of loan to local authority, 225, moneys to be applied to, 165; under Local Loans Act, 501 Slaughter-houses, Bye-laws as to, 150, 151; Definition of, 6; Establishment of, defined, 88; Inspection of, 151; Licences for, 150, suspension or revocation of licence, 151; Notice to be affixed to, 152; Penalty for using without licence, 150, 151, or for slaughtering cattle on private premises, 151; Registration of, 151; Regulations, as to, in continental cities, 152; Towns Improvement Clauses Act, provisions as to, 461-463; Unsound Meat, 151; Urban authority may provide 150

Slaughtering cattle in Streets, 154

Sleeping places near Bakehouses, 347

Small Penalties Act, 243

Tenements, how rated to highway rate, 212, 213

Small-pox, Indictment for exposing person suffering from, 98
Smelting Company, action for damage against, 88

Smoke-when a Nuisance, 69; how, in case of Furnace, &c., made to consume it, 70; how, when necessary for trade, &c., 70, 72, 74; it need not be proved to be injurious to health, 70; who should be prosecuted, 70; separate summonses for the nuisance on several days, 70, 71

Engines on railways to consume, 73, when company will be liable if it is not consumed, 74; Engines of steam vessels on Thames to consume, 74; Injunction to restrain nuisance from, 90; Inspection of district to enforce consumption of, 74; Locomotives on highways to consume, 381

Snow, Bye-laws as to nuisance from, 39

Soap Boiler, see Offensive Trades

Societies for purposes of Science, &c., premises of, exempt from rates, 211 Solicitor, taxation of Bill of, before audit, 239

South Wales, Contracts for repair of highways in, 112; Limit of highway rate in, 209

Space about Buildings, bye-laws as to, 131, 132

Special-Act, meaning of, in incorporated acts, 289; Case, may be stated for superior court, 248, on appeal to quarter sessions, 255, under 20 & 21 Vict. c. 43, 256; District rates, saving for, 290; Drainage district, how formed, 262, to be contributory place, 221, dissolution of it, 257; Expenses, of rural authority, 220, to be separate charges on contributory places, 221, how to be raised, 221, may be charged on special drainage district, 262, when to be paid from poor rate, 222; Sessions, for highways, 216

Specification of Works to be done to private street, form of, 116, 117,

need only be referred to in notice, 119

Speed of Locomotives on highways, 382

Spirit of Act of Parliament, caution as to acting on, 81

Sporting, Rating rights of, 209

Springs, Diversion of, 46

Square, included in the term "Street," 5

Stables, manure to be removed from, 44

Stage Coaches, when exempt from traffic regulations, 153

Stagnant water, Nuisance from, 41

Stallages in Market, 143; Definition of, 148; see also Markets

Stamps on Appointment of proxy, 308

Standing:-Order as to Deposit of private bills, 274; as to Petitions against private bills, 273

Statement, False, as to infected house, 99

Statute Duty, Property exempt from, exempted from highway rate, 213 Statutory :-Declarations, under Borough Funds Act, 193, 194; Payment, action for, 177; Powers, how where exercise of them creates a nuisance, 15, 23, how, where there is negligence in executing them, 281; Remedy, must be adopted, 84, 281 Steam:-Engines on highways, 379-386, see Locomotive Acts; Vessels, engines of, to consume smoke, 74; Whistles, nuisance caused by, 73 Stipendiary Magistrates Act, 399; Appointment of clerk, 400, of magistrate, 399, of temporary deputy, 400; Bye-laws as to salary, 399; Definitions, 401; Fees, 401; Penalties, &c., how applied, 401; Police office to be provided, 400; Rate for salaries, 401

Jurisdiction of, 181

Stock Certificates under Local Loans Act, 504

Stolen Goods, receiving in lodging-house, 66

Storage of Petroleum, 372

Storm Water, injury to sewer from, 16, not to be discharged into sewers of adjoining district, 30

Stray Cattle, 153

Stream, Artificial, action for pollution of, 29, but not for diversion of, 18, right to flow of water in, 50, 51; Boundary of parish situated on, 4; Discharge of arsenic into, 90; Diversion of, by Secretary of State for War, 19; Obstruction to, 51; Prescriptive right to foul not to be enlarged, 282; Proceedings to prevent pollution of, 19, 22, 61; Right to take water from, 45, 46; Riparian rights in, 45-52; Unpurified sewage not to be discharged into, 19

Street, Breaking up of, for laying water-pipes, 154, 479, without parliamentary powers, 127, liability for damage arising from breaking up, 250; Bridge may be, 114; Cleansing, 38; Definitions of, 5, 113, 130, it may include the houses, 130; Evidence of dedication of to Public, 123, 124; Improvement of, purchase of premises for the purpose, 127, under Artizans', &c., Dwellings' Improvement Act, 445; Injury by alteration of level of, 128; Lamps in, 137, see Public Lamps; Lighting them, powers of urban authority with respect to, 137; Naming them, 137, 455; New, bye-laws as to, 131; Nuisances in, 152, 154, 463; obstructions in, 137, 152, 154, 463; Offences in, under Towns Police Clauses Act, 154, 155; Precautions during repairs of, 137; Private, paving, &c., how enforced, 115; Railway station is not, 157; Sewers may be carried across them, 17, Vaults not to be built under them, 28; Watering them, 38

see also Highways, Roads

Structure of new Houses, bye-laws as to, 131

Structural Works may be directed for abatement of nuisance, 77, 78

Subsidence of Land caused by Drainage, 53

Substitution of Public Health Act for Sanitary Acts, 289

Subterraneous Watercourse, no action for diversion of, 29, 45-50
Summary Jurisdiction Acts, definition of, 7

Court of, 241; definition of court, 7

Summary Proceedings: against Defaulting officers, 180; against Persons jointly causing Nuisance, 244, not to abate on death of one of them, 244

Appeal, 254; Appearance of local authority in, 247; County Court proceedings may be taken instead of, in certain cases, 248; Exceptions, &c., may be proved by defendant, 242

for Appointment of receiver on lapse of local Board, 322; Cleansing ditches on boundaries, 42; Closing cellar dwellings, 63, or house after two convictions for overcrowding, 86; Destruction of unsound meat, 95; Disinfection of public conveyances, 97, 98; Entry on lands, 279; Execution of works by owner, to be permitted by occupier, 280; Nuisances, abatement of, 76, 77, how, where complaint is made by individual to justice, 84, 85, how, where the cause arises without the district, 86, when proceedings may be taken in a superior court instead, 85, how, when nuisance proceeds from offensive trade, 92, how, where the trade is carried on without the district, 93; Polluted wells, &c., 61; Recovery of compensation, 280

for recovery of expenses in respect of:-Making sewer, 27; Nuisances, 79, 83, 85; Polluted wells, 61; Removal of works infringing bye-laws, 126; Repair of private street, 116, the actual expenditure not to be inquired into, 119, how, where local act made such expenses recoverable by distress or action of debt, 121, 122; Water supply, 57; Works under Towns Improvement Clauses Act, 137; Proceedings not to be taken where private improvement rate has been levied, 206

for Recovery of rates, 244

for Settling Amount of expenses of meeting of owners and ratepayers and of security for them, 326; Charges for medical attendance on board ship, 106; Conditions as to drainage of premises without the district of the local authority, 26; Disputes as to water supply, 55, as to quantity of water consumed, 55; Questions referable to arbitration, 172

Imprisonment may be substituted for penalties in certain cases, 243; Restriction as to the persons who may take, 242; when to be taken under Summary Jurisdiction Acts, 241

under Bakehouse Regulation Act, 348; Gardens Protection Act, 540; Locomotive Acts, 379, 382, 383, 386; Petroleum Act, 375, 376

see also Penalties

Summoning Officer of meeting of owners and ratepayers, 326 Summons:-for Carrying on offensive trade, 92; on Non-compliance with notice to abate nuisance, 76, form, 329, must be given before enforcing penalty, 79, several summonses issued where nuisance committed on distinct days, 70, 71; for Non-payment of Highway Rate, 215 Sunday, day for performance of acts in relation to elections falling on, 319

Schools, exemption of, from rates, 204

Superior Court, Case may be stated for opinion of, 248, on appeal to quarter sessions, 255, under 20 & 21 Vict. c. 43, 256; Orders of local government board may be made rule of, in certain cases, 270; Proceedings in relation to nuisances may be taken in, 85, expenses thereof, 86, in relation to offensive trades, 93; Proceedings not to be removed to, for want of form, 248; Recovery of expenses relating to nuisances

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