« EelmineJätka »
present in the muscular system, or in the lymphatic glands, embedded in or between the muscle ; (d) when tuberculous lesions exist in any part of an emaciated carcase.
"The carcase, if otherwise healthy, shall not be condemned, but every part of it containing tuberculous lesions shall be seized :-(a) When the lesions are confined to the lungs and the thoracic lymphatic glands ; (6) when the lesions are confined to the liver; (c) when the lesions are confined to the pharyngeal lymphatic glands ; (d) when the lesions are confined to any combination of the foregoing, but are collectively small in extent.”
Bye-laws and Regulations. A bye-law has been defined as a law made by some authority less than Parliament in respect of a matter specially referred to the authority by statute and not provided for by the general law of the land.
It must be consistent with the general law, and must provide something in addition to it—i.e., it must not merely re-enact the terms of a statute, it must not be ambiguous, must prescribe or enjoin or prohibit a definite action, must contain a definite penalty for its contravention, and must come within the scope of the powers under which it is made, or else it may be ultra vires, and consequently bad.
Under the Public Health Act bye-laws are made as follows:
They must be under the common seal of the authority, and are subject to the confirmation of the L.G.B. before they can become operative. It is the duty of the L.A. to give public notice of their intention to apply for confirmation of bye-laws in one or more local newspapers for at least one month before making the application ; meanwhile a copy of the proposed bye-laws must be kept at the office of the L.A., accessible to the ratepayers during office hours.
The penalty imposed under bye-laws is limited to five pounds for each offence, and not more than forty shillings a day for its continuance.
Regulations are less formal than bye-laws, and do not require the assent of the L.G.B. except in certain cases in which a penalty is provided-e.g., the regulations made under sec. 125 of the P.H.A., 1875.
All that is necessary is that they shall be passed at a regular meeting of the L.A., and there is no publication legally needed.
Bye-laws may be made under the Public Health Act for large number of objects, and, for some purposes, the L.G.B. has issued model codes which are often adopted in their entirety by the L.A. The principal Model Bye-laws are issued in an annotated form by Messrs. Knight, with notes by Mr. W. A. Casson, and are well worth perusal by the officers of Local Authorities. The valuable remarks prefixed to some of them e.g., common lodging-houses and slaughter-houses—have already been noticed.
Bye-laws are made as follows for the objects enumerated :
PUBLIC HEALTH Act, 1875. 1. The cleansing of footways, &c.; the removal of house refuse from premises; and the cleansing of privies, &c.
2. The prevention of nuisances arising from snow, filth, &c. 3. The improper keeping of animals.
All these powers are contained in sec. 44. Model Bye-laws, I. and II.
4. Sec. 80.–For the government of common lodging-houses. Model Bye-laws, III.
5. Sec. 90.-For houses let in lodgings. As amended by ses. 8 of the H.W.C. Act, 1885. Model Bye-laws, XIII.
6. Sec. 113.-Offensive trades. Model Bye-laws, XVI. 7. Sec. 141.-Public mortuaries. Model Bye-laws, XV. 8. Sec. 157.—New streets and buildings. Model Bye-laws, IV.
In connection with this section must be considered the powers, given under sec. 23 of the P.H.A. A. where it has been adopted, to make additional bye-laws for both urban and rural districts. No Model Bye-laws have been issued under these clauses, but the models issued by Knight & Co., for which Mr. Oasson is mainly responsible, are regarded as models and accepted by the L.G.B.
9. Sec. 164.-Public walks, &c.
10. Sec. 167.—Markets (see the Markets and Fairs Clauses Act, 1847, sec. 42). Model Bye-laws, V.
ií. Hackney carriages (Model Bye-laws, VII.), and Public Bathing (Model Bye-laws, VIII.).
12. Sec. 172.-Horses, &c., for hire. Model Bye-laws, XI. Pleasure boats. Model Bye-laws, XII.
13. Sec. 314.-Hop-pickers. Model Bye-laws. See also Fruit Pickers Act, 1882. Model Bye-laws.
All these, except as stated with respect to the rural byelaws for buildings, are limited to urban authorities. Otherwise, rural authorities have powers to make bye-laws only for (1) private scavenging, (2) common lodging-houses, (3) hop-pickers and fruit pickers, (4) tents and vans, and (5) mortuaries.
Regulations may be made under secs. 21, 125, 143, 189, and 200 of the Public Health Act, 1875, and under secs. 20, 40, and others of the P.H.A. A., 1890, but the reader is referred to the clauses which have already been discussed.
It is perhaps necessary to remind the inspector that, in taking any proceedings under bye-laws, it is better to set out the byelaw in full to the defendant, and to produce a copy of the same for the use of the bench if the case goes before
The Sanitary Law of the Metropolis. The Act of 1891 was intended to do for London what the Act of 1875 had done for the rest of the districts of England and Wales. Up to that time London had been governed by a large number of miscellaneous Acts, commencing with the Metropolis Management Act of 1855; the sanitary authorities had been a mixed body of vestries, boards of works, and the City of London; the Local Government Act had created the County Council and had given to it a certain control over the sanitary authorities, with the exception of the City of London which in certain matters retained its ancient rights and privileges. Later on the municipalisation of London was effected by the London Government Act of 1899, under which the sanitary authorities are now the Common Council for the City of London and the Metropolitan Borough Councils (Woolwich included).
The relations between the London County Council and the various London Boroughs do not here concern us, but it may suffice to say that the powers conferred upon the L.C.C. to make bye-laws and in other ways to enforce their pleasure upon the boroughs have not been exercised without friction, and that the administration of some details are still contentious matters.
The L.O.O. have power to make bye-laws applying to the whole of the Metropolis for many purposes and to compel the sanitary authorities to enforce them (except in the City); by sec. 16 of the London Act the L.C.O. may make bye-laws for the removal of fæcal matter, for the filling up of cesspools and privies, and further on in the Act for the removal and disposal of refuse and for the better regulation of offensive trades.
The L.C.O. have also power to act in default of any sanitary authority in London (except the City), and as in the case of County Councils throughout the kingdom, they must receive an annual report from each sanitary anthority, including a report from the M.O.H.
The sections which deal with ordinary nuisances do not need comment as the provisions are very similar to those in the Act of 1875 with few exceptions; it now becomes the statutory duty of the inspector to serve the preliminary notice calling attention to the nuisance; the subsequent statutory notice need not now contain specified instructions as to the work required to be done, thus avoiding the difficulty of R. v. Wheatley (supra), under sec. 94, P.H.A., 1875; it is further within the discretion of the court to define the works requisite or not as they please in making an order.
The power given to constables to seize and detain any stray pig may give rise to humorous comment as it is by no means clear what he is to do with it when he has got it.
It may be remarked that refuse destructors and similar places for refuse disposal—e.g., sorting yards and the like-are specially included among offensive trades, and that even where they belong to a sanitary authority it would be within the powers of the L.C.O. to take proceedings against them in case of nuisance. The Acts relating to smoke nuisances are consolidated in this Act.
With regard to the provision of sanitary conveniences, the sanitary authority may require a new house to be provided with as many water-closets as they may deem necessary, and by sub-sec. 4 of the section (37) privies are now wholly forbidden except where there is no sewerage or sufficient water supply. In regard to the provision of public conveniences the subsoil of every road is now made to vest in the sanitary authority; the importance of this provision as the running of underground pipes, &c., is considerable, although no case seems to have arisen under the section.
The powers with regard to unsound food are extended so as to cover all articles intended for the food of man, as in the provinces under the amended Acts. One important point may be noticed: by sec. 47, sub-sec. 8, any person having in his possession food unsound and unfit for the food of man may inform the sanitary authority and request its removal as trade refuse.
The law relating to infectious disease contains a provision for sending information of cases notified to the head teachers of schools, a proceeding which in some form or another prevails very largely in the provinces, and which is likely to be more prevalent since the schools are under the control of the L. A.
Attention may be called to the compulsory provision of mortuaries and to the very strict rules laid down with regard to cellar dwellings, and to the liability of poor law guardians for the charges of those admitted to the infectious hospitals.
Beyond these special notes the London Act contains in the main similar provisions to those of the Public Health Act, 1875, incorporating therewith most of the useful and applicable provisions contained in the amending Acts.
Sanitary Law in Scotland. The law of public health in Scotland is the most recent code in the three kingdoms, being the Act of 1897. Without entering fully into all the details of this Act it will be of some interest to the student to point out a few of the cases in which it differs from similar enactments in England and Wales.
The sanitary authorities are counties (excluding burgh representatives), burghs, and districts; the officers are as elsewhere, the medical officer of health having fixity of tenure.
Under the head of definitions the word "premises” receives a very extended significance and the term owner is more clearly defined than under the English law; and with regard to nuisances there is a convenient term the "author of a nuisance -i.e., the person by whose act or default the nuisance arises, exists, or is continued.
The nuisance clause is extended to cover a very wide area : water dangerous or injurious to health ; animals kept in a byre or stable in such numbers as to be injurious to health ; accumulations of mineral rubbish near a public road, or offensive matter in trucks, sidings, or on canals (except manure in farmyards and spent hops); offensive trades (including specially rag and bone yards); and overcrowded, badly situated or managed cemeteries and churchyards are all nuisances within the meaning of sec. 16.
The preliminary notice alluded to in English practice and directly authorised by the London Act is here again authorised, and is called an “intimation.” When subsequently the statutory notice comes to be served it is not necessary here any more than in London to specify the works required to be carried out.
All slaughter-house licences in Scotland are now annual and may be refused on the appointed day in each year without compensation, the only appeal being to the L.G.B. of Scotland. Under the Burgh Police Act a report on the condition of every slaughter-house in the district must be presented to the L.A twice in each year.
In questions of meat seizure a veterinary surgeon is associated with the M.O.H. and the inspector, and he may exercise the same powers as they may. In the case of the seizure of a live animal, which is here statutory, and does not merely rest on a