Odger's English Common Law

STATUTORY BY-LAWS. 97
advice of his Privy Council, disallows any by-law, it will
not come into force. All by-laws made by a local authority,
under the Weights and Measures Act, 1889, 1 must be
approved by the Board of Trade. 2
This power of a borough council to make by-laws is not restricted to
offences which are already punishable in some method other than by
summary conviction. Thus, a by-law made by a borough council, impos-
ing a penalty on any person who shall frequent or use any street or other
public place for the purpose of bookmaking and betting, is not ultra vires
(although it creates a new offence), so long as it is aimed at persons stand-
ing on the pavement with books in their hands lying in wait for customers,
and does not include a person who happens to be in the street and casually
makes a bet there. 3 And a by-law made with the object of preventing any
annoyance or disturbance from shooting-galleries, swing-boats, roundabouts
&c, is not bad, although it extends to land adjoining or near to a street or
public place. 4 But any by-law prohibiting persons other than freemen
from opening a shop or carrying on any lawful trade withiu a borough
would now be bad, 5 though such a custom was held good in 1610. 8
(b) A borough council has additional powers of making
by-laws in its capacity as an urban district council. Urban
district councils can make by-laws under several sections of
the Public Health Act, 1875, 7 and the Public Health Acts
Amendment Act, 1890. 8
Such by-laws do not come into
force until they have been confirmed by the Local Government
Board, which has power to disallow, alter or amend any of
them ; and an opportunity must be given to the ratepayers
of inspecting the proposed by-laws before they are confirmed. 9
A penalty not exceeding £5 may be imposed for breach of
any such by-laAv.
The Local Government Board freely exercises its power of supervising bylaws
made by any local authority under the Public Health Act, 1875. 10 For
i 52 M 53 Vict. c. 21.
8 lb., s. 28.
3 Burnett v. Berry, [1896] 1 Q. B. 611 JUaidle ; v. Jordan, 1 1897] 1 Q. B. 248 ;
White v. Morley, [1899] 2 Q. B. 31 ; Thomas v. Sutters, [1900] 1 Ch. 10.
1 Teale v. Harris (1896), 60 J. P. 744 ; see ShiUito v. Thompson (1875), 1
Q. B. D. 12 ; and Strickland v. Hayes, [1896] 1 Q. B. 290.
5 Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 247.
6 8 Rep. 124 b. 128 a ; see Chamberlain v. Conway (1889), 53 J. P. 214 ; Byrne
v. Brown (1893), 57 J. P. 741 ; Nash v. Manning (1894), 58 J. P. 718 ; and
Toronto Municipal Corporation v. Virgo, [1896] A. C. 88
l 38 & 39 Vict. c. 55 ; see especially ss. 44, 80, 90, 113, 141, 157, 164, 167, 169,
171, and 172.
» 53 & 54 Vict. c. 59, ss. 20, 23, 44.
38 & 39 Vict. o. 55, ss. 182—188. The Local Government Board has issued a
series of model by-laws relating to these matters for the guidance of local
authorities.
i° 38 & 39 Vict. c. 55 ; and see 47 Vict. c. 12.
B.C.L.
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