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PART XIV.

Municipal Corporations Act.—1923.

such default, may, by indorsement on such order, or on a duplicate thereof, further authorise such inspector, with such assistants as may be necessary, forthwith to enter into any such building or premises in such order described, and to cause the same forth with to be cleansed, purified, and disinfected, as the case may require.

(3) The expense so incurred, together with a proper fee to each such medical practitioner, shall, upon the order of the Council, by writing under the hand of the Mayor or Town Clerk, be paid to the Corporation by such owner or occupier.

270. Any person who neglects to bury or otherwise dispose of the carcass of any dead animal so as effectually to prevent any offensive effluvia therefrom shall be liable to a penalty of not less than Five Shillings nor more than Five Pounds.

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Neglect to bury
carcass.
Ibid., s. 307,
Schedule of
Penalties.

Hospital not to be established without notice to Council. 1183, 1914, s. 38.

Petition by Council to the Governor.

271. (1) No person shall establish a hospital or other institution
(in this section called a “ hospital ”) for the treatment of consump-
(
tion or any infectious disease within the meaning of the Health
Act, 1898, at any place within a Municipality, until after the
expiration of three months from his giving to the Council of such
Municipality a notice stating-

1. the intention to establish the hospital ;
II. the proposed site thereof;
III. the purpose for which the hospital is to be used ; and
IV. the name and address for service of the person intending to

establish the hospital.
(2) Within six weeks after the receipt of a notice under sub-
section (1) hereof the Council may present a petition to the
Governor praying that the establishment of the proposed hospital
may be prohibited.

(3) Within three months after the receipt of such notice by the Council the Governor may, if he is of opinion that the existence of the proposed hospital would be likely to be injurious to the health or welfare of the inhabitants in the neighborhood of the proposed hospital, prohibit the establishment thereof by notice served on the person named in the notice under subsection (1) hereof. Such notice by the Governor shall be deemed to be duly served on the said person if served on him personally or left at the address for service stated in the notice under subsection (1) hereof.

(4) If any person establishes a hospital contrary to the provisions of subsection (1) hereof, or after the service on him of a notice under subsection (3) hereof, such hospital shall be deemed to be a condition which the Local Board of Health of the Municipality has declared to be an insanitary condition ; and the same consequences shall ensue, and the same proceedings may be taken under the Health Act, 1898, as if it had been so declared an insanitary condition.

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272. (1) Notwithstanding

except under certain

Municipal Corporations Act.—1923.

PART XIV.

Private hospitals and 272. (1) Notwithstanding anything contained in section 146 of maternity homes not the Health Act, 1898, no person shall establish a private hospital to be established or maternity home (not being a “ hospital ” within the meaning of conditions. section 271 of this Act) at any place within a Municipality until 1517, 1922, s. 47. after the expiration of three months from his giving to the Council of such Municipality a notice in writing stating-(a) the intention to establish the private hospital or maternity

home :
(b) the proposed site thereof :
(c) the purpose for which such private hospital or home is to

be used :
(d) the name and address for service of the person intending

to establish such private hospital or home.
(2) Such notice shall be accompanied by a plan which shall
show-
(a) the size and height of the rooms of the proposed private

hospital or home; and
(6) the distance of the said private hospital or home from the

nearest building on each side thereof.
(3) The person intending to establish such private hospital or
home shall, for six weeks immediately after giving the said notice,
cause a copy of such notice to be affixed and kept affixed on a
board or prominent position on the site of the said proposed private
hospital or home in such a position that it can be read by persons
passing along the footway in front of the proposed private hospital
or bome.

(4) Within six weeks after the receipt of the notice mentioned in subsection (1) hereof any owner or occupier of rata ble property in the neighborhood of the said proposed private hospital or home may present a petition to the Council praying that the proposed private hospital or home may be prohibited.

(5) Within three months after the receipt of the notice mentioned in subsection (1) the Council may (whether a petition has been presented under subsection (4) or not) if it is of opinion that the proposed private hospital or home is unsuitable, or that its existence would be likely to be injurious or detrimental to the health, welfare, or comfort of the inhabitants in the neighborhood of the proposed private hospital or home, by notice under the hand of the town Clerk served on the person named in the notice under subsection (1), prohibit the establishment of the said private hospital or home. Such notice by the Council shall be deemed to be duly served if served on the said person personally or left at the address for service stated in the notice under subsection (1) hereof.

(6) If any person establishes a private hospital or home contrary to the provisions of subsection (1) hereof, or without furnishing the plan mentioned in subsection (2) hereof, or without having affixed

and

Municipal Corporations Act.—1923.

PART XIV.

and kept affixed the copy of the notice in accordance with subsection (3) hereof, or after service upon him of a notice under subsection (5) hereof, he shall be liable to a penalty of Twenty Pounds, and to a further penalty of Two Pounds for every day during which the breach continues.

Penalty if smoke, 273. (1) If from any premises, other than a private dwellingfumes, or gases from house, smoke or any fumes or gases are sent forth in such quantity as premises other than dwelling-houses to be a nuisance, the owner or occupier of the premises shall be liable amount to nuisance. to a penalty not exceeding Five Pounds, and on a second conviction 1183, 1914, s. 42.

to a penalty not exceeding Ten Pounds, and on each subsequent con1344, 1918, s. 16.

viction to a penalty not exceeding twice the amount of the maximum penalty which might have been imposed on the last preceding conviction.

(2) In any proceedings under this section it shall be a sufficient

defence to showDefence in proceed. (a) that the defendant, at all times material to the alleged ings

offence, has, in connection with the premises in question, made use of any means generally recognised as sufficient, having regard to the nature of the manufacture or trade carried on upon such premises, and to the character of the locality, for preventing the emission of smoke, or such fumes or gases, or carried out the reasonable requirements

of the Council for preventing the emission thereof, or (6) that the Council, after being requested in writing so to do by

the defendant, has not made known to him its requirements for preventing the emission of smoke, or such

fumes or gases, from the premises in question. Evidence in proceed.

(3) In proceedings under this section-ings

(a) it shall not be necessary to prove that the smoke, or fumes, or

gases sent forth are injurious to health ; and (6) the premises from which the smoke, or fumes, or gases are

sent forth shall be deemed not to be a private dwellinghouse unless the contrary is shown.

Penalty for keeping
swine except at
appointed places.
M.C. Act, 1890,
8. 307, Schedule of
Penalties.

274. Any person who keeps or breeds any swine, or allows the same to remain at any place within the Municipality, except at a place appointed by the Council, shail be liable to a penalty of not less than One Pound nor more than Ten Pounds.

Ibid.

Penalty for interring 275. Any person who inters, or aids, or suffers the interment of human body, except at public cemetery. any human body in any church or place other than a public cemetery

shall be liable to a penalty of not less than Twenty Pounds nor more than Fifty Pounds,

and to a further penalty of not less than Twenty Pounds nor more than Fifty Pounds for every day after notice to remove such body has been given by the Council

, during which such body is allowed so to remain interred.

PART

Municipal Corporations Act.—1923.

PART XV.

PART XV.

s. 182.

ABATTOIRS AND SLAUGHTER-HOUSES. 276. (1) Until public abattoirs have been duly proclaimed by Court for licensing the Council of any Municipality, the Council shall

, twice in every small cattle. year, that is to say, on the first day of May and on the first day of M.C. Act, 1890, November, constitute an open Court for hearing and determining on the advisability or otherwise of issuing licences or renewing licences already issued to any person to keep a slaughter-house for slaughtering small cattle and pigs at any place within the Municipality.

(2) Any person to whom a licence is issued shall be liable to all the rules, penalties, and disabilities, and shall do and perform all things which, by Ordinance No. 5 of 1840, or any Act amending the same, or substituted therefor, any persons thereunder are required to do, and to which they are subject and liable.

(3) No person shall, without the permission in writing of the Council, or any officer of the Council authorised for the purpose, slaughter, kill, or dress any cattle whatever, great or small

, within any Municipality, except at some slaughter-house established, or to be established, or licensed by the Council.

(4) The fees for slaughtering, and for such licences, may from time to time be fixed, varied, or altered as the Council deem necessary.

(5) Any person slaughtering any bull, ox, steer, heifer, calf, sheep, Ibid., s. 307, goat or swine within the Municipality except at a slaughter. Penalties. house under the control or sanction of the Council, without the permission in writing of the Council or any officer authorised for the purpose shall be liable to a penalty of not less than Two Pounds nor more than Ten Pounds.

Schedule of

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Ninth Schedule

277. (1) The rules and regulations contained in the Ninth Schedule Rules to be observed shall be observed at the slaughter-houses established, or to be at slaughter-houses

licensed by Council. established, or being under the control of or licensed by any Council, Ibid., s. 183. and for regulating which by-laws have not heretofore been made.

(2) The Council, by by-law made in manner hereinafter mentioned, may alter, modify, amend, or repeal such rules and regulations, or any of them, as to such Council from time to time may seem meet.

. 278. The following provisions shall apply to any abattoir to be Provisions applic. erected by any Corporation : (a) No abattoir shall be erected on any park lands :

1517, 1922, s. 38. (6) The plans and specifications for any abattoir shall be

approved by the Minister :
(c) The abattoir when erected shall, for all purposes of The

Health Act, 1898, be deemed to be a duly licensed
slaughter-house :

279. Nothing

able to abattoirs. 833, 1903, 8. 15

Municipal Corporations Act.—1923.

PART XV.

Powers of Central
Board of Health.
Ibid., 8. 16.

279. Nothing contained in the last preceding section shall lessen or annul any of the powers given to the Central Board of Health under the Health Act, 1898.

Application of ss. 276, 277, and 278.

280. Sections 276, 277, and 278 shall not apply within the Metropolitan Abattoirs Area under the Metropolitan Abattoirs Act, 1908, nor within any abattoirs area under the Abattoirs Act, 1911.

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No person to com.
mence the erection
or pulling down of
any building by
which obstruction to
the streets may be
occasioned without
notice to Surveyor.
M.C. Act, 1890, s.
195.

BUILDINGS. 281. (1) No person shall build, take down, alter, add to, or repair any building, or make any excavation whereby or by means of the execution of any of which works any public street or place, or any footway within the Municipality is obstructed or rendered inconvenient or dangerous, unless and until he has(a) given three clear days' previous notice to the Surveyor of

his desire to commence such work; and (6) caused to be erected or set up to the satisfaction of the

Surveyor a proper and sufficient hoarding or fence, with a convenient platform and handrail, if there is room enough for the same, to serve as a footway for passengers,

in such place and in such manner as the Surveyor directs. (2) Any person guilty of an offence against this section shall be liable to a penalty of not less than One Pound nor more than Ten Pounds.

Ibid., s. 307,
Schedule of
Penalties.

No hoarding to be
erected without
licence from the
Surveyor.
Ibid., s. 196.

282. (1) No person shall, unless he has first obtained from the Surveyor a licence in writing so to do (a) erect or set up in or on any public street or place any hoard

ing, fence, or scaffold, or any enclosure for any purpose

whatever ; (6) make any excavation on any land abutting on, or adjoining,

or contiguous to, any public street or place without erecting or setting up a hoarding or fence to the satis

faction of the Surveyor; or (c) deposit on any public street or place any stone, bricks,

lime, rubbish, timber, iron, or other materials without erecting or setting up a hoarding or fence to the satis

faction of the Surveyor. (2) Any person guilty of an offence against subsection (1) shall be liable to a penalty of not less than One Pound nor more than Ten Pounds, and to a further penalty of not less than One Pound nor more than Five Pounds for every day during which euch offence is continued.

Ibid., 9. 307,
Schedule of
Penalties.

(3) The

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