c 63. inspection of all slaughter-houses, and for keep- 11 & 12 VICT. ing the same in a cleanly and proper state: Provided always, that nothing herein contained shall prejudice or affect the rights, privileges, powers, or authorities of any persons incorporated by any local Act of parliament passed before the passing of this Act for the purpose of making and maintaining slaughterhouses for the accommodation of any city, town, borough, or place. 63. inspector of nuisances to enter places of butcher's LXIII. And be it enacted, that the inspector Power to of nuisances may, and he is hereby empowered, at all reasonable times, with or without assist- used for sale ants, to enter into and inspect any shop, build- meat, &c. ing, stall, or place kept or used for the sale of butcher's meat, poultry, or fish, or as a slaughter-house (y), and to examine any animal, carcase, meat, poultry, game, flesh, or fish which may be therein; And in case any animal, carcase, meat, poultry, game, flesh, or fish appear to him to be intended for the food of man, and to be unfit for such food, the same may be seized ; And if it appear to a justice, upon the evi (y) In a case submitted to it (June 13, 1851), the General Board were of opinion that, under this section, the inspector of nuisances would be justified in entering into a cow-house where a diseased cow had been slaughtered (as being a place used for a slaughter-house), and of seizing the diseased meat, if it appeared to him to be intended for the food of man, and to be unfit for such food. PUBLIC HEALTH ACT, 1848. Offensive trades newly dence of a competent person, that any such animal, carcase, meat, poultry, game, flesh, or fish is unfit for the food of man, he shall order the same to be destroyed, or to be so disposed of as to prevent its being exposed for sale or used for such food; And the person to whom such animal, carcase, meat, poultry, game, flesh, or fish belongs, or in whose custody the same is found, shall be liable to a penalty not exceeding ten pounds for every animal or carcase, fish, or piece of meat, flesh, or fish, or any poultry or game so found, which penalty may be recovered before two justices in the manner herein-after provided with respect to penalties the recovery whereof is not expressly provided for. 64. LXIV. And be it enacted (2), that the busi (*) Although under this section, a local board has only a restraining power over noxious or offensive businesses, trades, and manufactures established after this Act is applied to a district, yet under section 59 many wholesome interferences may be supported in such old-established works. And to this opinion the General Board of Health seemed to incline in a case (June 15, 1851). In a case stated (Jan. 10, 1851), they were of opinion that brick burning in the immediate vicinity of houses is an offensive manufacture within this section. The principles on which a nuisance case is to be decided, were thus laid down by Vice-Chancellor Knight Bruce, April 25, 1851, in Walter v. Selfe, 20 L. J. R., 433: (This was a brick burning case. The defendant's clamps at Surbiton in Surrey being within forty-eight yards of the plaintiff's house:) 66 Ought this inconvenience to be considered, in fact, as more than fanciful, or as one of mere delicacy or fastidiousness, c. 63. ness of a blood-boiler, bone-boiler, fellmon- 11 & 11 VICT. ger, slaughterer of cattle, horses, or animals established to of any description, soap-boiler, tallow-melter, be subject to tripe-boiler, or other noxious or offensive local board of or as an inconvenience materially interfering with the ordinary comfort physically of human existence, not merely according to elegant or dainty modes and habits of living, but according to plain, sober, and simple notions amongst English people. I am of opinion that this point is against the defendant. As far as the human frame, in an average state of health at least, is concerned, mere insalubrity, mere unwholesomeness may be out of the case; but the same may perhaps be said of melted tallow, and other such inventions less sweet than wholesome. This does not decide the dispute. Smell may be sickening though not in a medical sense. Ingredients may be, I believe, mixed with air of such a nature as to affect the palate disagreeably and offensively, although not unwholesomely; and a man's body may be in a state of chronic discomfort, still retaining its health, and perhaps still suffer more annoyance from impure or fetid air from being in a hale condition. Nor do I consider it essential to show that vegetable life, or that health either universally or in particular instances, is noxiously affected by contact with vapour, and floating substances proceeding from burning bricks; for the plaintiff has, I think, established, that the defendant's intended proceeding will, if prosecuted, abridge and diminish seriously and materially the ordinary comfort and existence to the occupier and inmates of the plaintiff's house, whatever their rank or station, or whatever their state of health may be." It had been suggested that a clamp and kiln already existed in the neighbourhood: the Vice-Chancellor continued, "They are considerably more remote from the house than the defendant s clamp, and, if a nuisance, do not form a reason why the defendant should set up an additional nuisance." In this case were cited for the plaintiff, Aldred's case, 9 Rep. 58; The King v. White, 1 Burr. 333; Attorney General v. Cleaver, 18 health. PUBLIC HEALTH ACT, 1848. Act not to affect present law as to nuisances. Common lodging houses business, trade, or manufacture, shall not be newly established in any building or place, after this Act is applied to the district in which such building or place is situate, without the consent of the local board of health, unless the said general board shall otherwise direct; And whosoever offends against this enactment shall be liable for each offence to a penalty of fifty pounds, and a further penalty of forty shillings for each day during which the offence is continued ; And the said local board may from time to time make such bye-laws with respect to any such businesses so newly established as they may think necessary and proper, in order to prevent or diminish the noxious or injurious effects thereof. 65. LXV. And be it declared and enacted, that nothing in this Act shall be construed to render lawful any Act, matter, or thing whatsoever which but for this Act would be deemed to be a nuisance, nor to exempt any person from any liability, prosecution, or punishment to which he would have been otherwise subject in respect thereof. 66. LXVI. And be it enacted, that it shall not Vesey, 211; Haines v. Tailor, 10 Beav. 75; The King v. c. 63. be lawful to keep any lodging house (a) unless 11 & 12 VICT. the same be registered as next herein-after to be regismentioned; And the local board of health shall cause a register to be kept, in which shall be entered the name of every person applying to register any common lodging house kept by him, and the situation of every such house; And the said local board shall from time to time make bye-laws, for fixing the number of lodgers who may be received into each house so registered, for promoting cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restrictions under which such inspection may be made; and the person keeping any such lodging house shall give access to the same when required by any persons who shall pro (a) This section gives no power to the board to refuse registration to proposed lodging houses, however inadequately these may be arranged-this is a defect in the Act which ought to be supplied in future enactments. The local board, however, may fix by bye-laws the number of persons to be received into each registered house, and the General Board were of opinion (in a case, June 4, 1850), that this appears to include a power to fix that no persons shall be received into any registered house that seems to them absolutely and entirely unfit for a common lodging house. But for any violation of these bye-laws no special penalty is fixed by this section, and the board must have recourse to the other sections of the Act, which contain provisions as to nuisances in dwellings so kept, as secs. 58, 59, 60. But under sec. 115, the local board may, in their bye-laws, impose penalties upon offenders against these bye-laws. tered. |