Public Health Act 1848

Interpretation of Terms:

II. And be it enacted, That in the Construction of this Act the following Words and Expressions shall have the Meanings hereby assigned to them, unless such Meanings be repugnant to or inconsistent with the Context or Subject Matter in which such Words or Expressions occur; (that is to say,)

“Number:”

Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number:

“Gender:”

Words importing the Masculine Gender shall include Females:

“Person:”

The Word “Person” and Words applying to any Person or Individual shall apply to and include Corporations, whether aggregate or sole:

“Lands:”

“Premises:”

The Word “Lands” and the Word “Premises” shall include Messages, Buildings, Lands, and Hereditaments of any Tenure:

“Owner:”

The Word “Owner” shall mean the Person for the Time being receiving the Rack Rent of the Lands or Premises in connexion with which the said 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 Rack Rent:

“Rack Rent”:

The Expression “Rack Rent” shall mean 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 Tithe Commutation Rent-charge (if any), 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:

“Month:”

The Word “Month” shall mean Calendar Month:

“Commissioners of the Treasury:”

The Expression “Commissioners of Her Majesty’s Treasury” shall mean the Commissioners of Her Majesty’s Treasury of the United Kingdom of Great Britain and Ireland for the Time being, or any Three or more of them, or the Lord High Treasurer of the United Kingdom of Great Britain and Ireland for the Time being:

“Superior Courts:”

The Expression “Superior Courts” shall include Her Majesty’s Superior Courts of Record at Westminster, and the Court of Common Pleas of the County Palatine of Lancaster, and the Court of Pleas of the County of Durham:

“Justice:”

The Word “Justice” shall mean any Justice of the Peace acting for the Place in which the Matter or any Part of the Matter, as the Case may be, requiring the Cognizance of the “Justice” arises:

“Two Justices:”

The Expression “Two Justices” shall mean Two or more Justices assembled and acting together in Petty Sessions, or One Stipendiary or Police Magistrate acting in any Police Court, for the Place in which the Matter or any Part of the Matter, as the Case may be, requiring the Cognizance of “Two Justices” arises:

“Court of General or Quarter Sessions:”

The Expression “Court of General or Quarter Sessions” shall mean the Court of General or Quarter Sessions of the Peace having Jurisdiction over the whole or any Part of the District or Place, as the Case may be, in which the Matter requiring the Cognizance of the “Court of General or Quarter Sessions” arises:

“Arbitrators:”

The Word “Arbitrators” shall include a single Arbitrator; and the Words “Arbitrators” and “Arbitrator” shall include an Umpire:

“Oath:”

The Word “Oath” shall mean and include an Affirmation in the Case of Quakers, and a Declaration in the Case of Persons allowed by Law to make a Declaration in lieu of an Oath:

“Corporate Borough:”

5 & 6 W.4. c. 76.

The Expression “Corporate Borough” shall mean any Corporate Borough mentioned in the Schedules annexed to an Act passed in the Sixth Year of the Reign of King William the Fourth, intituled An Act for the Regulation of Municipal Corporations in England and Wales, and any Borough incorporated by Charter granted or to be granted in pursuance of that or any subsequent Act:

“District:”

The Word “District” shall mean the entire Area, Places, or Parts of Places comprised within the Limits of any District to which this Act or any Part thereof shall be applied by Order in Council or Provisional Order of the General Board of Health, sanctioned by Parliament:

“Corporate District:”

The Expression “Corporate District” shall mean a District in which the Powers, Authorities, and Duties of the Local Board of Health of the District are exercised and executed by the Council of a Corporate Borough:

“Noncorporate District:”

The Expression “Noncorporate District” shall mean a District in which the Powers, Authorities, and Duties of the Local Board of Health of the District are not exercised and executed by the Council of a Corporate Borough:

“Street:”

The Word “Street” shall apply to and include any Highway (not being a Turnpike Road), and any Road, public Bridge (not being a County Bridge), Lane, Footway, Square, Court, Alley, Passage, whether a Thoroughfare or not, and the Parts of any such Highway, Road, Bridge, Lane, Foot-way, Square, Court, Alley, or Passage within the Limits of any District:

“House:”

The Word “House” shall include Schools, Factories, and other Buildings in which more than Twenty Persons are employed at One Time:

“Drain:”

The Word “Drain” shall mean and include 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:

“Sewer:”

The Word “Sewer” shall mean and include Sewers and Drains of every Description, except Drains to which the Word “Drain” interpreted as aforesaid applies:

“Slaughter-house:”

The Term “Slaughter-house” shall mean and include the Buildings and Places commonly called Slaughter-houses and Knackers Yards, and any Building or Place used for slaughtering Cattle, Horses, or Animals of any Description for Sale:

“Waterworks Company:”

The Expression “Waterworks Company” shall mean any Corporation, Person, or Company of Persons supplying or who may hereafter supply Water for their own Profit:

“Waterworks:”

The Term “Waterworks” shall include Streams, Springs, Wells, Pumps, Reservoirs, Cisterns, Tanks, Aqueducts, Cuts, Sluices, Mains, Pipes, Culverts, Engines, and all Machinery, Lands, Buildings, and Things for supplying or used for supplying Water, also the Stock in Trade of any Waterworks Company:

“The Local Board of Health:”

The Expression “the Local Board of Health” shall mean the Persons authorized to execute in each District all or any of the Powers, Authorities, and Duties vested in or imposed upon the Local Board of Health by this Act:

“The Clerk,” &c.

The Expressions “the Officer of Health,” “the Clerk,” “the Treasurer,” “the Surveyor,” “the Inspector of Nuisances,” shall mean the Persons respectively appointed to be or authorized to execute the Offices of the Officers of Health, Clerk, Treasurer, Surveyor, and Inspector of Nuisances respectively in each District for the Purposes of this Act.