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The Health Act.-1898.

PART V.

Requirements of

52. Every notice under the last sections 50 and 51 shall specify what is required to be done, and shall limit a time for compliance, and may direct to be done such works as the Local Board may deem notice. necessary to prevent a recurrence of the insanitary condition.

53. The notice may be served in manner following

1. If the owner be unknown, or if, in the opinion of the Local
Board, the insanitary condition is caused by the act or
neglect of the occupier, the notice may be served on the
occupier:

II. In all other cases the notice may be served on the owner or
on any person by whose act or neglect such insanitary
condition arises in the opinion of the Local Board:

III. In the case of premises owned by the Government, or by any public body, the notice may be served upon the officer having, or apparently having, the chief control of such premises.

54. No person after service upon him shall fail to comply with1. Any notice given by an inspector (provided the same be subsequently adopted); or

II. Any notice of the Local Board.

Penalty-Twenty Pounds.

55. On failure to comply with any notice of the Local Board, or with any inspector's notice, the Local Board may carry out the requirements of the notice.

Service.

Penalty for noncompliance with notice.

Local Board may carry out require

ments of notice.

56. In the case of unoccupied lands or premises, if the owner No notice necessary and the person by whose act or neglect the insanitary condition in certain cases. is caused are unknown or cannot be found, the Local Board may remove or amend the insanitary condition without any previous notice whatever.

57. In addition to, or in lieu of summarily removing or amending Local Board may any insanitary condition, if either-

(a) The person on whom a notice to remove or amend any insanitary condition has been served makes default in complying with any of the requisitions thereof within the time specified; or

(b) The insanitary condition, although amended or removed since the service of the notice, is, in the opinion of the Local Board, likely to recur on the same premises:

the Local Board may institute summary proceedings against the person on whom the notice was served.

make complaint before Justices, &c.

58. The Court, if satisfied that the alleged insanitary condition Powers of Justices. exists, or has been declared, or is likely to recur on the same

PART V.

Expenses.

Expenses recoverable

from persons served with notice.

Expenses may be recovered by owner from occupier.

Occupier from owner.

Expenses to be a

lands.

The Health Act.-1898.

premises may, by order, require the defendant to remove or amend the same, or to prevent the recurrence thereof within a time to be specified in the order, and may, if thought desirable, specify the works to be executed for the purpose of removing, amending, or preventing the recurrence of the insanitary condition.

Penalty-One Pound for every day during default.

59. All expenses incurred by the Local Board in connection with the removal or amendment of any insanitary condition may be recovered from the person upon whom the notice has been served.

60. All expenses incurred by an owner by reason of his compliance with any notice may be recovered by him from the occupier or other person in all cases where the insanitary condition concerning which the notice was given was caused by the act or neglect of such occupier or other person.

61. All expenses incurred by an occupier by reason of his compliance with any notice may be recovered by him from the owner in all other cases.

62. In all cases all expenses incurred by any Local Board shall charge on unoccupied be a charge upon the premises in respect of which the same were incurred, and may be immediately recovered in the same manner as if they were rates in arrear.

PART VI.

Reports.

Local Board to report

annually.

PART VI.

REPORTS AND INQUIRIES.

63. Every Local Board shall, during January in every year and at such other times as the Central Board may direct, report to the Central Board concerning the sanitary condition of its district in 38 & 39 Vic., c. 55, such form as the Central Board may require.

See Public Health

Act, 1873, sec. 40.

sec. 206.

Monthly return of infectious diseases.

Returns of measles, scarlet fever, &c.

Outbreak of infectious disease to be reported.

See Public Health
Act, 1873, sec. 41.

64. Every Local Board shall forward monthly to the Central Board during the first week in each month a return of all cases of infectious disease reported within the district in such form as the Central Board may require.

65. Every Local Board shall immediately forward to the Central Board a return of all cases of measles, scarlet fever, diphtheria, typhoid fever, and puerperal fever reported to it for the first time within the district, in such form as the Central Board may require.

66. Every Local Board shall immediately report to the Central Board the outbreak within its district of any infectious disease, or the occurrence of any indications thereof, or of any circumstances of special importance likely to affect the health of any part of the district, together with all such particulars as can aid in the complete comprehension of the case and of its nature and cause.

67. The

The Health Act.-1898.

PART VI.

67. The Central Board shall annually, not later than the month of March, and also whenever required by the Chief Secretary, Central Board to report to him concerning all matters affecting the public health.

report annually to Chief Secretary.

68. The annual report of the Central Board shall be laid before Annual report to Parliament.

69. Whenever it shall appear to the Central Board necessary or proper to make formal inquiry into any matter for the purposes of this Act, the following provisions shall have effect:—

1. The Central Board shall specify in writing the general scope and object of the inquiry and such general directions as it may think proper to secure its due performance:

II. The inquiry shall be thereupon held by the chairman or such
other person as the Board may appoint:

The chairman or such other person is hereinafter included
in the expression "The chairman ":

III. The inquiry shall be held either in public or with closed
doors, and at such place or places as the chairman may
think fit:

IV. The chairman shall hold sittings at such places, with power
from time to time to adjourn the same. He may summon

and examine witnesses and receive any evidence that may
be offered respecting the subject of the inquiry:

All parol evidence shall be reduced to writing:

The chairman may require any person to sign any evidence
given by him:

v. Witnesses may be summoned by being served with a notice in
writing under the hand of the chairman calling upon them
to attend and give evidence at a time and place to be therein
specified. Such notice shall be served so long before the
time appointed as the chairman may deem reasonable.

be laid before
Parliament.

Inquiries.

Power to institute
inquiries.

See Public Health
Act, 1876, sec. 10

attendance.

70. No person served with such notice, and having been paid or Penalty for nontendered in advance such moneys as he would have been entitled to receive had he been a witness summoned to attend a Local Court, shall fail to comply with the same, or having attended refuse to give evidence or sign the same.

Penalty-Five Pounds.

71. A certificate under the hand of the chairman to that effect Certificate of chairshall be sufficient proof of non-compliance with the notice to man to be sufficient proof. attend and give evidence, and of all other facts necessary to be proved to show it was incumbent upon such person to comply therewith.

72. The chairman, either alone or with others, for the purposes Power of inspection. of the inquiry, may enter and inspect any land or premises between

PART VI.

Central Board.

The Health Act.-1898.

73. The chairman may, at any time during the progress of the Chairman to report to inquiry, and shall, on its completion, make to the Central Board a written report under his hand setting forth the result of the inquiry, his opinion thereon, and his reasons for such opinion. Such report shall be accompanied by all evidence and information received during the inquiry.

False evidence.

PART VII.

Sewers and Sewage

Division 1.

All sewers and drains

See Public Health

74. Any person wilfully giving false evidence on any inquiry shall be guilty of an offence against this Act.

Penalty-Fifty Pounds.

PART VII.
SANITATION.

Division 1-Of Air.

75. Every Local Board shall cause all sewers and drains to be to be kept properly. kept properly cleared, cleansed, and emptied so as not to become or be likely to become injurious to health or offensive, and for this purpose may construct all necessary works, and direct any sewer or drain into or through such places as may be deemed proper, except into fresh water running streams.

Act, 1873, sec. 47.

38 & 39 Vic, c. 55, sec. 19.

Sewers, drains, stagnant water, and collections of offensive matter.

See Public Health Act, 1873, secs. 47, 48, and 49.

38 & 39 Vic., c. 55, secs. 19 and 47.

76. No person shall

I. Without the consent of the Local Board, cause or permit any private sewer or drain to be emptied or flow into any public sewer or drain:

11. Do anything which, in the opinion of the Local Board, shall
tend to the injury of any drain or sewer:

III. Suffer any waste or stagnant water to remain in any cellar
or place within or around any dwelling-house so as to be,
or be likely to become, injurious to health or offensive:
Iv. Allow the contents of any privy or cesspool to overflow or
soak therefrom:

v. Allow any drainage, filth, water, night-soil, or matter to
collect or to be deposited in any place, so as to become, or
be likely to become, injurious to health or offensive :
VI. Allow any dead animal to remain in any place, so as to cause
an offensive smell:

VII. Allow any place to become, or be likely to become, in such
a state as to be a nuisance or injurious to health, or
offensive:

VIII. Carry or convey offensive or injurious matter through the
streets except at hours specified by the Local Board:

IX. Without the consent of the Local Board remove, or allow
to be removed, any night soil from a ditch or pit in which
the same has been deposited by any Local Board.
Penalty-Twenty Pounds.

77. Any

The Health Act.-1898.

77. Any Local Board may provide and maintain water-closets, earth-closets, privies, urinals, and other similar conveniences for public accommodation.

PART VII.

Division 1.

Local Board may provide public conveniences.

See Public Health

78. Any Local Board may itself undertake or contract for the removal of refuse or excreta from private places, and for this purpose Act, 1873, sec. 52. may provide convenient receptacles, and may by regulation require Refuse. the occupiers of premises to provide boxes, or other specified recep- Removal of refuse. tacles, for the temporary deposit of such matter, and to place such boxes or receptacles in convenient places at convenient times for the removal of their contents.

No person shall deposit any refuse in any place except in such boxes or receptacles.

Penalty-Ten Pounds.

All such refuse shall be the property of the Local Board.

See Public Health Act, 1873, sec. 59. 38 & 39 Vic., c. 55, sec. 44.

79. Every Local Board shall take all necessary and proper Public places. measures to ensure that all public places are properly cleansed and kept free from offensive matter.

80. Every street, lane, yard, passage, and other premises, formed Private places, or set out on private premises, shall be formed, paved, levelled, or made, and drained by the owners, when required by the Local Board.

The owner of any such premises, and the respective owners of the See Public Health premises fronting, adjoining, or abutting upon such parts thereof as Act, 1973, sec. 58. may be defective, shall be deemed to be the owners thereof for the 38 & 39 Vic., c. 55, purposes of this Act.

sec. 150.

81. Every distillery, manufactory, brewery, slaughter-house, and Offensive Trades. every establishment for the boiling, preserving, or preparing of any Cesspools to be proanimal matter shall be provided with a watertight cesspool, con- vided. structed and kept covered in such manner as the Local Board may See Public Health require.

All refuse which may be or be likely to become injurious to health or offensive shall be deposited therein and periodically removed at prescribed times.

Penalty-Twenty Pounds.

82. No person shall keep any pig in any sty or place at a less distance than fifty feet from any dwelling-house, dairy, or public

street.

Penalty-Ten Pounds.

Act, 1873, sec. 45.

No pigs to be kept or dwelling-house.

within 50ft. of street

83. No person shall, without the consent in writing of the Local Commencement Board, commence or extend any offensive trade.

and extension.

Penalty-Fifty Pounds.

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