Public Health Act 1875

Title and introductory text

Public Health Act 1875 1875 c.55 An Act for consolidating and amending the Acts relating to Public Health in England. [11th August 1875]

1 Short title.

This Act may be cited as “The Public Health Act 1875.

2 Extent of Act.

This Act shall not extend to Scotland or Ireland, . . .

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Definitions.

In this Act, if not inconsistent with the context, the following words and expressions have the meanings herein-after respectively assigned to them; that is to say, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Person includes any body of persons, whether corporate or unincorporate: . . . “Lands and “Premises include messuages buildings lands easements and hereditaments of any tenure: “Owner means the person for the time being receiving the rackrent of the lands or premises in connexion with which the 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 rackrent: “Rackrent means 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 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: “Street includes any highway . . . and any public bridge . . . , and any road lane footway square court alley or passage whether a thoroughfare or not: “House includes schools, also factories and other buildings in which . . . persons are employed . . . . “Drain means 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68 Penalty for causing water to be corrupted by gas washings.

Any person engaged in the manufacture of gas who— (1) Causes or suffers to be brought or to flow into any stream reservoir aqueduct pond or place for water, or into any drain or pipe communicating therewith, any washing or other substance produced in making or supplying gas; or (2) Wilfully does any act connected with the making or supplying of gas whereby the water in any such stream reservoir aqueduct pond or place for water is fouled, shall forfeit for every such offence the sum of two hundred pounds, and, after the expiration of twenty-four hours notice from the local authority or the person to whom the water belongs in that behalf, a further sum of twenty pounds for every day during which the offence is continued or during the continuance of the act whereby the water is fouled. Every such penalty may be recovered, with full costs of suit, in any of the superior courts, in the case of water belonging to or under the control of the local authority by the local authority, and in any other case by the person into whose water such washing or other substance is conveyed or flows or whose water is fouled by any such act as aforesaid, or in default of proceedings by such person, after notice to him from the local authority of their intention to proceed for such penalty, by the local authority; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence, or within six months after it has ceased.

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153 Power to require gas and water pipes to be moved.

Where for any purpose of this Act any urban authority deem it necessary to raise sink or otherwise alter the situation of any water or gas pipes mains plugs or other waterworks or gasworks laid in or under any street, they may by notice in writing require the owner of the pipes mains plugs or works to raise sink or otherwise alter the situation of the same in such manner and within such reasonable time as is specified in the notice; the expenses of or connected with any such alteration shall be paid by the urban authority; and if such notice is not complied with the urban authority may themselves make the alteration required: Provided— That no such alteration shall be required or made which will permanently injure any such pipes mains plugs or works or prevent the water or gas from flowing as freely and conveniently as usual; and That where under any local Act of Parliament the expenses of or connected with the raising sinking or otherwise altering the situation of any water or gas pipes mains plugs or other waterworks or gasworks, are directed to be borne by the owner of such pipes or works, his liability in that respect shall continue in the same manner and under the same conditions in all respects as if this Act had not been passed.

154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

160 Incorporation of certain provisions of 10 & 11 Vict. c. 34.

The provisions of the Towns Improvement Clauses Act 1847, with respect to the following matters, that is to say, (1) With respect to naming the streets and numbering the houses; and (2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall, for the purpose of regulating such matters in districts, be incorporated with this Act. . . .

161 Powers of urban authority for lighting their district.

Any urban authority may contract with any person for the supply of gas, or other means of lighting the streets, markets, and public buildings in their district, and may provide such lamps, lamp posts, and other materials and apparatus as they may think necessary for lighting the same. . . .

162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164 Local authority may provide places of public recreation.

Any local authority may purchase or take on lease lay out plant improve and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or contribute to the support of public walks or pleasure grounds provided by any person whomsoever. Any local authority may make byelaws for the regulation of any such public walk or pleasure ground, and may by such byelaws provide for the removal from such public walk or pleasure ground of any person infringing any such byelaw by any officer of the local authority or constable.

165 Urban authority may provide public clocks.

Any urban authority may from time to time provide such clocks as they consider necessary, and cause them to be fixed on or against any public building, or, with the consent of the owner or occupier, on or against any private building the situation of which may be convenient for that purpose, and may cause the dials thereof to be lighted at night, and may from time to time alter and remove any such clocks to such other like situation as they may consider expedient.

166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

171 Incorporation of certain provisions of 10 & 11 Vict. c. 89.

The provisions of the Towns Police Clauses Act 1847, with respect to the following matters, (namely.) (1) With respect to obstructions and nuisances in the streets; and (2) With respect to fires; and (3) With respect to places of public resort; and (4) With respect to hackney carriages; . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall, for the purpose of regulating such matters in urban districts, be incorporated with this Act. The expression in the provisions so incorporated “the superintendent constable, and the expression “any constable or other officer appointed by virtue of this or the special Act, shall, for the purposes of this Act, respectively include any superintendent of police, and any constable or officer of police acting for or in the district of any urban authority; and the expression “within the prescribed distance shall for the purposes of this Act mean within any urban district. Notwithstanding anything in the provisions so incorporated, a license granted to the driver of any hackney carriage in pursuance thereof shall be in force for one year only from the date of the license, or until the next general licensing meeting where a day for such meeting is appointed.

172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .