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The Times (London).
13 February 1888

NANKIVELL V THE BOURNEMOUTH COMMISSIONERS

This was the case sent from Quarter Sessions on an appeal from the magistrates at petty session convciting the appellant of making an addition to a house projecting beyond the line of buildings adjoining. It appeared that Dr. Nankivell had a detached villa at the corner of a suburban road at Bournemouth, standing in his own grounds, and he built a stable several feet from the house and 18ft from the road. He was summoned under section 136 of the Public Health Act, 1875, for making "an addition" to his house "beyond the line of adjoining buildings," and the magistrates convicted, and on appeal to Sessions they held that the stable being structurally separated from the house it could not be "an addition to it" within the enactment; but they stated a case for the opinion of the court. A Divisional Court (Mr. Baron Pollock and Mr. Justice Hawkins) sent the case back to be restated on the facts, and it now came back, the Sessions having found that was not an "addition" in fact, and was not "part of a street" within the enactment.

Mr. Bosanquet Q.C. (with Mr. Druitt) appeared for the Commissioners, and admitted that he could not argue the case as now stated.

Mr. Foote and Mr. Greenwood, for the appellant, were not called upon.

The Court affirmed the decision of Quarter Sessions.


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