Penalty Overcrowding in houses Prohibition of occupying cellar dwellings Penalty on persons offending against enactment Definition of occupying as a dwelling Power to close cellars in case of two convictions Building not hitherto used as dwelling not to out consent The Public Health Act, 1886 thereof to be affixed to some conspicuous part of such house or building before the expiration of the time mentioned in such order. Any person who after the expiration of the time mentioned in such order lets or occupies, or knowingly suffers to be occupied, such house or building or (as the case may be) such part thereof shall be guilty of an offence against this Act, and shall on conviction thereof be liable to a penalty not exceeding Five pounds nor less than Ten shillings for every day during which such house or building or (as the case may be) such part thereof is let, occupied, or knowingly suffered to be occupied by him in contravention of such order. 67. Upon the certificate of the officer of health or any legally qualified medical practitioner that any house or building or any part thereof is so overcrowded as to be dangerous or prejudicial to the health of the inmates or inhabitants or persons employed therein, the local board shall cause complaint to be made before any justice, who may summon before any two justices the person permitting such overcrowding; and the justices shall thereupon make such order as they may think fit to abate such overcrowding; and the person permitting such overcrowding shall forfeit a sum not exceeding Five pounds nor less than Twenty shillings. 68. It shall not be lawful to let or occupy or suffer to be occupied separately as a dwelling any cellar, including for the purposes of this Part of this Act in that expression any vault or underground room. 69. Any person who lets, occupies, or knowingly suffers to be occupied for hire or rent any cellar, contrary to the provisions of this Part of this Act, shall be liable for every such offence to a penalty not exceeding Twenty shillings for every day during which the same continues to be so let or occupied after notice in writing from the local board of health in this behalf. 70. Any cellar in which any person passes the night, with the consent of occupier or owner, shall be deemed to be occupied as a dwelling within the meaning of this Part of this Act. 71. Where two convictions against the provisions of this Part of this Act, relating to the occupation of a cellar as a separate dwelling place, have taken place with respect to the same cellar within three months (whether the persons so convicted were or were not the same), a court of summary jurisdiction may direct the closing of the premises so occupied for such time as it may deem necessary, or may empower the local board of health permanently to close the same, and to defray any expenses incurred by them in the execution of this section. 72. No building not originally built as and for a dwelling-house within the limits of such part of the municipality as shall be defined by be so used with by-law of the Central Board, whether built before or after the commencement of this Act, shall be converted into or used as a dwellinghouse without the previous consent of the local board, who may grant such consent upon and subject to such conditions as they may see fit, or in their discretion may refuse the same. Upon any complaint by the local board to justices of infringement of any of the provisions of this section, the justices may, in addition to the imposition of a penalty for an offence against this Part of this The Public Health Act, 1886 Act, declare such dwelling-house a common nuisance, and order such dwelling-house to be removed by the owner thereof and in his default by the local board, and the costs of such removal if effected by the local board to be paid to the local board by the owner of such dwellinghouse. PART VI.-MISCELLANEOUS 73. Any local board may, with the consent of the Central Board, Power to close from time to time direct that any well or other source of domestic polluted wells water supply which may by an officer of health or by any legally qualified medical practitioner be certified in writing to be so polluted or unwholesome as to be unfit for human consumption shall forthwith, and until the local board have given a notice revoking such direction, be closed, and that the contents thereof shall not be used for human consumption; and any person so using or causing to be used any such well or other source of water supply as aforesaid, while such direction remains in force, shall be liable to a penalty not exceeding Five pounds for each day during which such well or other source of water supply shall be so used. And any local board may, with the consent of the Central Board, order and direct that any well, tank, or other source of domestic water supply shall forthwith be filled up or removed; such order shall be given to the owner of the land whereon such well, tank, or other source of domestic water supply may be, and if such order be not complied with within a time to be therein specified, the local board may themselves fill in or remove the same, and all expenses incurred by the local board under this section shall be payable and recoverable as expenses incurred by a local board in the removal of a nuisance, and in default of payment shall remain a charge upon the land and be further recoverable, as hereinafter provided, by the local board from the owner of such land at any future time. Penalty for throwing nightplacing it near rivers or running soil into or streams 74. If any person throw or cast or cause or allow to be thrown or cast any night-soil into any river, creek, or running stream, channel, lake, lagoon, swamp, or waterhole, or if any person place or cause or allow to be placed any night-soil on any land whence such night-soil flows or falls or is liable to flow or fall into any river, creek, or running stream, channel, lake, lagoon, swamp, or waterhole, he shall on conviction forfeit and pay a penalty not exceeding One hundred pounds, or be imprisoned for any period not exceeding six months, or both. 75. All houses within the jurisdiction of a local board shall have Management of such drains leading to such sewers or other places and having such a fall and constructed of such materials and in such manner as such local board by notice direct. No drain shall, without the written consent of the local board, be made or permitted under any house or under the surface of any yard or premises; and such local board may, in the case of there not being any sufficient drain to any house or premises within its jurisdiction (whether erected at any time before or after the commencement of this Act), cause an order to be served on the occupier or owner to construct a drain of such a nature and description as such local board thinks necessary and describes in such order. drains on private premises 76. No person shall suffer any waste or stagnant water to remain stagnant water in any cellar or premises in or about any dwelling-house for twenty-four in cellars, &c. Cellars asphalting, &c. Stagnant watcrholes Low-lying land The Public Health Act, 1886 hours after notice given and served upon him by the local board or their officer to remove the same. If any local board have reason to suspect that there is any waste or stagnant water in or about any house or premises, such local board, after twenty-four hours' notice in writing to the occupier or owner of such house, may by themselves or by any officer of such board make entry into or upon such house or premises, and may cause any floor or portion thereof to be opened up in order to ascertain whether there is in or about any such house any waste or stagnant water; if there be no waste or stagnant water found underneath any floor so removed, such local board shall cause to be repaired and made good any such floor or portion thereof so removed as aforesaid; but if there be found any waste or stagnant water under any such floor, then in such case all expenses incurred in the removal and repair of such floor or portion thereof shall be chargeable to the owner or occupier of the house or premises, and may be recovered from such owner or occupier as hereinafter provided. Before any waste or stagnant water having an offensive smell is emptied from any cellar or other premises, the occupier of such premises shall cause such water to be thoroughly deodorised. 77. The owner or occupier of any house to which there is a cellar shall, if so required by the local board, and within a time (being not less than fourteen days) to be specified by the local board, cause such cellar to be paved or asphalted in manner directed by and to the satisfaction of the local board; and if such cellar be subject to the leakage of water thereinto, and there be no drain for the discharge of such water, such owner or occupier shall likewise, if so required by the local board, construct in such cellar where, when, and as directed, and to the satisfaction of the local board, a well for the gathering of such leakage, and upon completion of such well shall cause the same to be regularly and periodically emptied at intervals not exceeding twentyfour hours. Provided that in case the occupier of any such house has paved or asphalted any such cellar or constructed any such well, he may, subject to any agreement previously made between him and the owner of such house, recover before any two justices the moneys expended by him on such paving or asphalting or on constructing such well, or may deduct the same from any rent payable by him to such owner. 78. The local board of health shall cause to be drained, cleansed, covered, or filled up all ponds, pools, open ditches, sewers, drains, and places containing or used for the collection of any drainage, filth, water, matter or thing of an offensive nature or likely to be prejudicial to health, by making and serving an order upon the person causing any such nuisance, or upon the overseer, owner, or occupier of any premises whereon the same exists, requiring him within a time to be specified in such order to drain, cleanse, cover, or fill up any such pond, pool, ditch, sewer, drain, or place, or to construct a proper sewer or drain for the discharge thereof, as the case may require. 79. Whenever it appears to the local board that the surface of any yard or land, not being a street, is lower than the level of the nearest street or of the street sewer or drain into which the water off the said yard or land should in the opinion of the local board flow, the local board may order the owner or occupier of such yard or land to raise The Public Health Act, 1886 the surface thereof to such height, in such manner, and within such time as the said local board may by such order direct. 80. Any local board may, by order addressed to the owner or occupier of any land which has been excavated for brickmaking, quarrying, mining, or other purposes, whether before or after the commencement of this Act, direct such owner or occupier to have any excavation so made securely fenced round to the satisfaction of such board; and may further direct such owner or occupier to take such measures as are in the opinion of such local board necessary and as are specified in such order for preventing any noxious or offensive drainage or other matter from flowing or being thrown or cast into any such excavation. Brickmaking and tions to be fenced in, &c. other excava 81. All houses shall have attached to them such earth closets or Houses to have privies, with proper doors and coverings, and so constructed as in the privies opinion of the local board are sufficient for such houses respectively; and if at any time it appears to any local board that any house within its jurisdiction, whether built at any time before or after the commencement of this Act, has not a sufficient earth closet or privy with proper doors and coverings, and the owner or occupier on notice to that effect from such local board do not erect such sufficient earth closet or privy with proper doors and coverings, in the time to be named in such notice, such owner or occupier shall be liable to a penalty not exceeding five pounds per day for every day during which such notice is not complied with, and such local board may cause a privy or earth closet with proper doors and coverings to be erected at the expense of such owner or occupier. may be provided 82. The local board may, if they think fit, provide and maintain in Public privies proper and convenient situations, and in proper repair and condition, earth closets, privies, or urinals and other similar conveniences for public accommodation. 83. If it appears to the local board that any house is used or intended to be used as a school or a workroom or factory or building in which persons above twenty in number are gathered or employed or intended to be gathered or employed at one time, such local board may, by notice to the owner or occupier of such house, require him within a time to be specified in such notice to construct what in the opinion of the local board is a sufficient number of earth closets or privies or urinals for the use of such persons, and (if they are of different sexes) separate earth closets or privies for the use of each sex. The 84. All drains whatsoever, earth closets, privies, cesspools, and ashpits shall be constructed and kept so as not to be a nuisance or injurious to health, and so that there is no overflow or leakage or soakage therefrom; and no cesspool shall have attached thereto or connected therewith any pipe, drain, or other appliance for the discharge of the contents of such cesspool into any drain or sewer. local board (upon the written application of any person showing that any drain, earth closet, privy, cesspool, ashpit, or other matter is a nuisance or injurious to health, or on the report of the Inspector or other officer of the local board that such drain, earth closet, privy, cesspool, ashpit, or other matter is not constructed or kept according to the provisions of this Act or of any by-law or order in that behalf, and after twenty-four hours' notice in writing, or in case of emergency VOL. II. Buildings in which many persons collected to have privies Cesspools below ground to be a bolished New cesspools for night-soil forbidden Keeping of swine Swine, sheep, or cattle not to be The Public Health Act, 1886 without notice, to the occupier of the premises of which complaint is made) may by themselves or by any officer of such board make entry upon and examine such premises, and cause the ground to be opened, or do any other necessary act to examine any drain, earth closet, privy, cesspool, ashpit, or other place. And if such drain, earth closet, privy, cesspool, ashpit, or other place be found to be in proper order and condition, the local board shall cause the ground to be closed, and any damage done to be made good as far as can be, at the expense of such local board; but if the drains, cesspools, earth closets, privy, ashpit, or other place be found to be in a bad condition or to require alterations or amendment, notice shall be given by such local board to the owner or occupier, requiring him to make such alteration or amendment within a time to be named in such notice. 85. The owner of land whereon there is a cesspool for the reception of night-soil, which cesspool in the opinion of the local board is in such a condition or position as to be calculated to generate disease or be a nuisance or injurious to health, shall upon being so required by notice from the local board fill up the same within a time to be expressed in such notice, not being less than one month from the date thereof. 86. From and after the commencement of this Act no cesspool for the reception of night-soil below the ground shall be constructed within the limits of such part of the municipality as shall be defined by by-law of the Central Board. 87. No person shall keep any swine or pigsty within one hundred feet of any house in any municipality, or so as to be a nuisance to any person or injurious to the public health. 88. No swine, sheep, or cattle shall be kept on any butcher's kept on premises business premises, unless such premises are used for slaughtering purposes under the written permission of the Mayor or Chairman of the municipality, and any person offending against the provisions of this section shall on conviction of such offence be liable to a penalty not exceeding Five pounds for each day during which such offence has been committed. Stables, &c., to be drained Lanes and yards to be paved, &c. 89. All stables, cow-yards, cattle-sheds, and pigsties shall have such impervious drains and receptacles for offal, dung, or other filth or refuse as the local board may by any order from time to time direct; and if it appears to any local board that any such stable, cowyard, or other premises used as a stable, cow-yard, cattle-shed, or pigsty as aforesaid within their jurisdiction has not proper drains and receptacles as aforesaid, and the occupier or person in possession of such premises, on receipt of an order to that effect from such local board, do not provide drains and receptacles as aforesaid, within a time to be specified in such notice, he shall be liable to a penalty of Ten shillings for every day he continues to make default, and such local board may cause such drains and receptacles to be provided, at the expense of the occupier or person in possession of the premises; such expense shall be recoverable as is hereinafter provided. 90. In case any street, lane, yard, or passage or other premises formed or set out on private property, or in case any lane or passage formed or set out on public property or land of the Crown in such |