PART VII. Division 1. Trade nuisances. See Public Health Act, 1873, sec. 45. 38 & 39 Vic., c. 55, sec. 114. Removal. Final determination may be suspended. The Health Act.-1898. No consent shall be granted except subject to the following conditions: 1. One month's prior notice of the intention to apply for such II. Such notice shall specify the proposed site and trade: This section shall apply only to such districts or portions of a district as may from time to time be declared by Proclamation to be under the protection of this section. 84. If in the opinion of— I. The Local Board: or of II. Any two legally qualified medical practitioners; or of III. Any six householders of the district: any place used for any trade or business shall be or be likely to become injurious to the health of or offensive to any of the inhabitants of the district, or any person employed therein, the Local Board may institute summary proceedings against the person by or on whose behalf the trade or business is carried on. 85. If on the hearing it shall appear to the Court that such trade or business is or is likely to become injurious to the health of or offensive to any of the inhabitants of the district, or any person employed therein, then, unless it be shown that the best practicable means for preventing injury to health or offence have been used, the person so summoned shall be liable to a penalty— I. Of not less than Two Pounds or more than Ten Pounds: III. Of double the amount of the penalty imposed for the then 86. The Court may suspend its final determination in any case upon condition that the person summoned shall undertake to adopt, within a time to be fixed by the Court, such means as may be deemed practicable, and ordered to be carried into effect for preventing or mitigating injury or offence. 87. No The Health Act.-1898. PART VII. Division 1. 87. No person shall keep any accumulation or deposit of offensive matter longer than in the opinion of the Local Board is necessary for the purposes of the trade or business, or omit to take the best available means for preventing injury thereby to the pub- offensive matter. lic health. Penalty-Twenty Pounds. Accumulations of 88. Manufacturing districts may be exempted from the opera- Exemption of manutions of the sections of this Act dealing with offensive trades in facturing districts. manner provided by "The Manufacturing Districts Act, 1881." Division 2.-Of Food. Division 2. 89. No person shall permit any case or receptacle used, or Fruit cases. intended to be used, for the carriage of fresh fruit or vegetables to come into direct contact with any manure or other offensive matter. Penalty-Five Pounds. 90. "Water supply" includes any river, stream, water-course, creek, swamp, waterhole, well, tank, or reservoir. Water and Water Definition. 91. Whenever the pollution of any water supply becomes or is Riparian rights. likely to become injurious to health, the Local Board shall for the purpose of preventing such pollution have within its district the rights of a riparian proprietor, and may enforce such rights by summary proceedings against the person in default, and may generally prevent the pollution of any water. Penalty--Ten Pounds, and for every subsequent offence a penalty of double the amount of the penalty imposed on the then last preceding offence. 92. Any Local Board may direct that any water supply which Sources of water shall, in the opinion of the officer of health, or any two legally supply may be closed. qualified medical practitioners, be so polluted or unwholesome as to be unfit for human consumption, shall be closed, and that the contents thereof shall cease to be used for human consumption either absolutely or for such time as the Local Board may direct. 93. No person shall use, or permit to be used for human con- When closed not to sumption, any such well or other source of water while such direction be used. shall remain in force. Penalty-Ten Pounds. to be thrown in or near water. 94. No person shall throw, or permit to be thrown, any night-soil, Offensive matter not animal or other offensive matter, into any water supply, or deposit the same in any place whence such offensive matter flows or falls, or is liable to flow or fall, into any water supply. Penalty-Fifty Pounds. such 95. No person shall keep any swine, sheep, or cattle on any butcher's business premises, or dress any carcass therein, unless premises are duly licensed for slaughtering purposes. Meat and Meat No swine, sheep, or PART VII. Division 2. The Health Act.-1898. 96. No person in charge of any slaughter-house shall keep, or permit to be kept, in or about any slaughter-house any swine, unless No swine to be kept intended for immediate slaughter, or any dog, unless constantly chained when not being used for yarding purposes. at slaughter-houses without permission. Licence. Slaughter-houses to be suitably constructed and paved. See Public Health Act, 1873, sec. 57. Local Board may erect slaughterhouses. Inspection after slaughter. Local public slaughter-houses. No such person shall permit any swine to feed on any blood, offal, manure, night-soil, filth, or other refuse matter. Provided that the Local Board may grant written permission to any person to keep swine, on the following conditions: (a) That such swine are to be kept at such distance from the slaughter-house, as may be directed; and (b) That such swine may be fed with offal if such offal has been first thoroughly cleansed and boiled. Penalty-Ten Pounds. 97. No licence, pursuant to the preceding section, shall be granted for a longer period than for one year at any one time, and every such licence may be withdrawn on proof to the satisfaction of the Local Board of any non-observance of any condition thereof. 98. No person shall use any slaughter-house, or other premises connected therewith, unless the same shall, in the opinion of the Local Board, be constructed of suitable material, and be paved with brick, stone, cement, asphalt, or other impervious material. All such slaughter-houses and premises shall be provided with impervious drains and receptacles for blood, offal, dung, and other refuse. Penalty-Twenty Pounds. 99. Any Local Board may alone or jointly with any other Local Board purchase land and erect buildings for the purpose of a public slaughter-house. 100. No meat of any animal slaughtered in any public slaughterhouse shall be sold or offered for sale as human food unless such animal shall have been inspected by an inspector of cattle after the slaughtering thereof, and certified fit for human consumption, and the Central Board of Health may direct any butcher's slaughter-house to be subject to the same inspection. 101. The Central Board may direct any Local Board in localities where it may be desirable to provide a public slaughter-house, at which all cattle within a prescribed area and the meat from which is intended for public consumption shall be slaughtered. 102. When The Health Act.-1898. 102. When any such slaughter-house is erected and fit for use regulations may be made by the Local Boards PART VII. Division 2. (a) With respect to the management and charges for the use Prohibition of thereof: (b) Prohibiting the slaughtering at any other place of any swine, sheep, or cattle intended for sale as human food. slaughtering 103. Any Local Board may by regulation prohibit the sale within Fresh meat. slaughtered outside its district of any fresh meat of any animal slaughtered in any district. slaughter-house situate outside its district, unless such slaughter-house has been approved by such Board or by the Central Board of Health. Penalty-Ten Pounds. 104. Any Local Board may appoint, subject to the approval of Inspector of cattle. the Central Board, an inspector of cattle; and there shall also be a Chief Inspector of Cattle appointed by the Governor, and such Chief Inspector shall be a veterinary surgeon. 105. Animals suffering from cancer, pleuro-pneumonia, tuber- Diseased animals. culosis, or actinomycosis, or any other disease which the Governor may by Proclamation add to this list, are "diseased animals" within the meaning of this Act. animals. 106. All owners, on discovery that their animals are diseased, Isolation of diseased shall give written notice to the Local Board, and isolate such animals from all other animals. Penalty-Twenty Pounds. It shall not be a defence to any prosecution under this section that the owner did not know that the animal was diseased unless he shall also show that it was not practicable to discover such disease by the exercise of reasonable diligence. tests. 107. If the Inspector of Cattle shall suspect that any animal is Inspector may use suffering from an infectious disease, he may use all necessary tests to ascertain the facts as regards the suspected animal, and any other animal in the same herd or premises. diseased animals. 108. Any inspector of cattle on being satisfied that any animal is Destruction of diseased shall give notice in writing to the owner or person in charge directing him to kill such animal and destroy its carcass. Penalty-Twenty Pounds. If any animal killed pursuant to this section be subsequently found Compensation. to be free from disease the owner may recover its value from the Board by which the inspector was appointed. The owner may require the inspector to test for disease the carcass before being destroyed. The value of the carcass may be deducted from the compensation recoverable. 109. No person shall sell, consign, or expose for sale, or supply No diseased meat to for food, any diseased animal, or any meat therefrom. Any be exposed for sale PART V11. Division 2. Unwholesome provisions. See Public Health 38 & 39 Vic., c. 55, The Health Act.-1898. Any person having for sale any such animal or meat in his possession or under his control shall be deemed to be a person who exposes such animal or meat for sale. Penalty-Twenty Pounds. 110. No person shall keep or expose for sale any food intended for human consumption which is diseased, unsound, unwholesome, or otherwise unfit for human consumption. On proof of the keeping or exposure for sale it shall be presumed that the food in question was intended for human consumption 53 & 54 Vic., c. 59, unless the defendant shall prove the contrary. sec. 28. Milk and Milk Contamination of milk. See Public Health List of customers to be furnished. Penalty-Twenty Pounds. 111. No person shall 1. Supply to any person the milk of any diseased animal or any animal suffering from ulcers or other diseases of the udder: II. Mix any such milk with other milk intended for human consumption, sale, or for butter or cheese-making: III. Use any such milk for human consumption, or for the food of swine or other animals, unless such milk shall have been boiled for at least ten minutes, provided the Local Board has been notified of the intention to so use the milk: IV. Allow any person suffering from any infectious disease, or who may be living in any house where any such disease exists, to (a) Milk any cow: (b) Handle any vessel used for the reception of milk intended for sale or for human consumption: (c) Take part or assist in the business of dairyman, cowkeeper, or vendor of milk; or (d) To be employed in a dairy. Penalty-Twenty Pounds. It shall not be a defence to any prosecution under this section that the owner did not know that the animal was diseased, or that the person was suffering from an infectious disease, unless he shall also show that it was not practicable to discover the fact by the exercise of reasonable diligence: Provided in cases when proper isolation is secured the officer of health may grant exemption from the operation of this section to anyone living in the house where any such disease exists. 112. Every person, on production of a certificate of the officer of health, that the milk supplied by such person, or from his dairy, is suspected of causing disease, shall furnish to the Local Board a list |