The Public Health Act, 1886 PART IV.-NUISANCES 55. Any person who, after the passing of this Act, establishes or newly carries on within the district of a local board, without their consent in writing, any of the undermentioned trades, businesses, or Occupations (that is to say): Works for the boiling down of meat, bones, blood, or offal, Manure works, Fellmongeries, tanneries, or wool-scouring establishments, Places for the storing, drying, or preserving of bones, hides, hoofs, or skins, or Any other noxious or offensive trade, business, or manufacture, or who without such consent adds to or extends any buildings or premises used for the purposes of such trade, business, or manufacture, shall be guilty of an offence against this Act, and shall on conviction thereof be liable to a penalty not exceeding Fifty pounds in respect of the establishment or extension thereof, and shall also be liable to a penalty not exceeding Five pounds nor less than Forty shillings for every day during which such trade, business, or manufacture is carried on, whether there has or has not been any conviction in respect of the establishment or extension thereof. Provided that prior to the granting of any such consent notice of intention to apply for the same shall be given by advertisement one month previously in two of the newspapers circulating in the district; and that if any person, whether a resident in the district of such local board or not, object to the establishment of such business, he may state such his objection to the local board. And if, nevertheless, the local board decide to grant such permission, he may appeal to the Central Board, whose decision shall be final, and if against the granting of such permission shall prevent or annul the same. Restriction on offensive trades establishment of 56. The owner or occupier of any place, building, or premises used Premises to be for the purpose of carrying on any noxious or offensive trade, business, registered or manufacture, whether established before or after the commencement of this Act, shall register or cause the same to be registered as a Noxious Trades Establishment' at the office of the local board of health during the first week in February next following the coming into operation of this Act, and shall so register or cause to be registered such establishment thereafter during the first week in February in year, and shall pay to such local board an annual registration fee of Two pounds; and if such owner or occupier fails to comply with the provisions of this section, he shall be liable to a penalty not Duty of local board to complain to justice of nuisance arising from offensive trade Power to proceed where nuisance arises from offensive trade carried on The Public Health Act, 1886 exceeding Two pounds per day for each day during which such provisions shall not be complied with. 57. Where any noxious or offensive trade, business, or manufacture as hereinbefore mentioned, whether established before or after the coming into operation of this Act, or any abattoir or slaughter-house, or any manufactory, building, or place used for any trade, business, process, or manufacture whatsoever causing effluvia, offensive fumes, vapours, or gases, or discharging dust, foul liquid, or other impurity is certified to any local board of health by their officer of health, or by any legally qualified medical practitioner, or by any six inhabitants of the district of such local board to be a nuisance or injurious to the health of any of the inhabitants of the district, such local board shall cause complaint to be made before a justice, who may summon the person by or on whose behalf the trade or work so complained of is carried on to appear before a court of summary jurisdiction. The court shall inquire into the complaint, and if it appear to the court that the business carried on by the person complained of is a nuisance, or causes any effluvia, offensive fumes, vapours, or gases, or discharges dust, foul liquid, or other impurity which is a nuisance or injurious to the health of any of the inhabitants of the district, the person so offending (being the owner or occupier of the premises, or being a foreman or other person employed by such owner or occupier) shall be liable to a penalty not exceeding Five pounds nor less than Forty shillings, and on a second and any subsequent conviction to a penalty double the amount of the penalty imposed for the last preceding conviction, but the highest amount of such penalty shall not in any case exceed the sum of Two hundred pounds. Provided that the court may suspend its final determination on condition that the person complained of undertakes to adopt within a reasonable time such means as the court may deem to be practicable and order to be carried into effect for abating such nuisance or mitigating or preventing the injurious effects thereof. 58. Where any noxious or offensive trade, business, or manufacture, or any abattoir or slaughter-house, or any manufactory, building, or place used for any trade, business, process, or manufacture without district whatsoever causing effluvia, offensive fumes, vapours, or gases, or discharging dust, foul liquid, or other impurity, which is certified in pursuance of the last preceding section to be a nuisance or injurious to the health of any of the inhabitants of the district of a local board, is situated without such district, such local board may take or cause to be taken any proceedings by that section authorised in respect of the matters alleged in the certificate, with the same incidents and consequences as if such manufactory, building, or place were situated within such district; so, however, that summary proceedings shall not in any case be had otherwise than before a court having jurisdiction in the district where such manufactory, building, or place is situated. Offensive fumes to be rendered inoffensive 59. The person carrying on, in, or upon any premises any manufacture, business, or process producing or causing or emitting or discharging offensive or noxious fumes, gases, vapours, dust, liquid, or other impurity shall provide and use thereon the best and most effective means and appliances for freeing such production, emission, or discharge from offensiveness or noxiousness, and shall intercept and The Public Health Act, 1886 prevent the escape, discharge, or removal of the same from such premises whilst such production, emission, or discharge is offensive or noxious or a nuisance. 60. If upon the certificate of the officer of health, or of any one or more duly qualified medical practitioners, or of any six or more persons residing in the neighbourhood, it appears to any local board or to any two justices that any abattoir or slaughter-house, or any shop, building, stall, or place kept or used for the sale of butchers' meat, or any place used for carrying on the business of a soap boiler, tallow melter, candle maker, starch manufacturer, blood boiler, bone boiler, tripe boiler, boiler of refuse or animal matter, tanner, currier, or fellmonger, or gas manufacturer, or the premises occupied with the same or appurtenant thereto (whether the same be within or without the district of the local board) is or are in such a filthy state as to be a nuisance or offensive to persons residing in the neighbourhood, or in such an unwholesome condition that the health of any person is likely to be endangered thereby, or that the whitewashing, cleansing, ventilating, or purifying of any such place, premises, or appurtenances would tend to prevent or check infectious, contagious, or epidemic disease, such local board or justices may give or cause to be given notice to the owner or occupier of such place or premises to whitewash, cleanse, ventilate, or purify the same, as the case may require; and such notice may be served by leaving a copy thereof with any person found on the premises or by affixing a copy thereof on a conspicuous part of the place or premises directed to be whitewashed, cleansed, ventilated, or purified as aforesaid. Nuisances Generally 61. For the purposes of this Part of this Act— (1) Any house or premises in such a state as to be a nuisance (2) Any pool, ditch, gutter, watercourse, stagnant waterhole, (4) Any house or part of a house so overcrowded as to be (5) Any workroom or factory not kept in a cleanly state or (6) Any street, lane, right-of-way, passage, yard, land, or Information of nuisances to local board Local board to serve notice requiring abatement of nuisance The Public Health Act, 1886 premises which is in such a state in regard to drainage as to be a nuisance or injurious to health: (7) Any fireplace or furnace, whether constructed before or after the passing of this Act, which does not as far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill, factory, dyehouse, brewery, bakehouse, or gaswork, or in any manufacturing or trade process whatsoever; and any chimney (not being the chimney of a private dwelling-house) sending forth smoke in such quantity as to be a nuisance Shall be deemed to be a nuisance, and shall be liable to be dealt with in manner provided by this Part of this Act. Provided— First. That a penalty shall not be imposed on any person in respect of any accumulation or deposit necessary for the effectual carrying on any business or manufacture, if it be proved to the satisfaction of the court that the accumulation or deposit has not been kept longer than is necessary for the purposes of the business or manufacture, and that the best available means have been taken for preventing nuisance or injury to the public health being caused thereby. Secondly. That where a person is summoned before any court in respect of a nuisance arising from a fireplace or furnace which does not consume the smoke arising from the combustible used in such fireplace or furnace, the court shall hold that no nuisance is created within the meaning of this Part of this Act, and dismiss the complaint, if it be satisfied that such fireplace or furnace is constructed in such manner as to consume as far as practicable, having regard to the nature of the manufacture or trade, all smoke arising therefrom, and that such fireplace or furnace has for that purpose been carefully attended to by the person having the charge thereof. 62. Information of any nuisance under this Part of this Act, in the district of any local board, may be given to such local board by any person aggrieved thereby, or by any two inhabitant householders of such district, or by any officer of such board, or by any member of the police force of such district. 63. On the receipt of any information respecting the existence of a nuisance, the local board shall, if satisfied of the existence of a nuisance or of the likelihood of the recurrence of a nuisance, make an order on the person by whose act, default, or sufferance the nuisance arises or continues, or if such person cannot be found on the owner or occupier of the premises on which the nuisance arises, requiring him to abate or discontinue the same within a time to be specified in such order, and to execute such works and do such things as may be necessary for that purpose. Provided That where the person causing the nuisance, or the owner of the premises is not known or cannot be found, and The Public Health Act, 1886 where there is no occupier of the premises, the local 64. Complaint may be made to a justice of the existence of a nuisance under this Part of this Act, on any premises within the district of any local board, by any person aggrieved thereby, or by any inhabitant of such district, or by any owner of premises within such district, and thereupon the like proceedings shall be had, with the like incidents and consequences as to making of orders, penalties for disobedience of orders, and otherwise, as in the case of information or complaint relating to a nuisance received by or made to a local board. Provided that the court may, if it thinks fit, adjourn the hearing or further hearing of the summons for an examination of the premises where the nuisance is alleged to exist, and may authorise the entry into such premises of any constable or other person for the purposes of such examination. Such court may authorise any constable or other person to do all necessary acts for executing an order made under this section, and to recover the expenses from the person on whom the order is made in a summary manner; and any constable or other person authorised under this section shall have the like powers and be subject to the like restrictions as if he were an officer of the local board authorised under the provisions of this Act to enter any premises and do any act thereon. 65. Where a nuisance under this part of this Act within the district of any local board appears to be wholly or partially caused by some act or default committed or taking place without their district, such local board may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances by this part of this Act authorised, with the same incidents and consequences as if such act or default were committed, or took place wholly within their district; so, however, that summary proceedings shall in no case be taken otherwise than before a court having jurisdiction in the district where the act or default is alleged to be committed or take place. PART V.-DWELLING-HOUSES 66. Whenever any officer of health, or inspector of the Central Board or of any local board, or any legally qualified medical practitioner certifies in writing to a local board that any house or other building within their respective jurisdictions, or any part thereof, is unfit or unsafe for human occupation or habitation, such local board may, by an order in writing or print, or partly in writing and partly in print, declare that such house or building or such part thereof is not fit for human occupation or habitation, and direct that such house or building or part thereof shall not, after a time specified in such order, be occupied or inhabited by any person, and may cause such order or a copy Power of individual to comof nuisance plain to justice Power to proceed where cause of nuisance arises without district Houses, &c., may be declared unfit tation and their occupation for for human habi bidden Recommendation |