Charlton Shire v Ruse [1912] HCA 33

Foll Cons

Films DPP (ACT) y fygmational" Eastman, Dedlpnen, ACrimR'588

See"

HIGH COURT [1912.

(HIGH COURT OF AUSTRALIA.]

THE PRESIDENT &c. OF THE SHIRE OF \ 'APPELLANTS; CHARLTON ; ' Fs : ' i

AND

RUSE R é ' 5 - 5 e . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H. ©. or A. Local Government—By-law—Validity—Power to make by-laws as to position and

1912. — Mexpourne, May 21, 22, 28.

Griffith C.J. , Barton and

construction of privies, &c., generally —Construction of Statute—Punctuation— Health Act 1890 (Vict.) (No. 1098), secs. 32, 35.

By sec. 35 of the Health Act 1890 municipal councils are authorized to make by-laws (inter alia) for "The regulation of noxious or offensive trades busi- nesses or manufactories whether established before or after the passing of this Act in order to prevent or diminish the noxious or offensive effects thereof, and to prevent nnisance or injury to health arising therefrom ; the position and manner of construction of privies earth-closets and cesspools or urinals." . . . 'And generally for the abatement and prevention of nuisances not hereinbefore specified and for securing the healthfulness of the district and of

its inhabitants." ¢

Held, that a council was thereby authorized to make by-laws as to the position and manner of construction of privies, &c. generally, and not merely of privies connected with noxious or offensive trades, businesses or manufac- tories, and that the power was not confined to privies &e. to be erected in the future, but extended to those in existence when the Act was passed.

The punctuation of Statutes does not control the sense if the meaning is otherwise reasonably clear.

A by-law made under the Health Act 1890 provided that no privy &e. should 'be constructed, built, formed, or be allowed to remain" within a certain distance of any kitchen &e., and that 'if the owner or occupant of