Page images
PDF
EPUB

Where an Analyst is appointed, any purchaser may have any article analysed on payment of not less than 2s. 6d., or more than 108. 6d., and receive a certificate stating whether such article is Adulterated so as to be injurious to the health of persons eating or drinking the same; such certificate to be evidence, and such fee to be part of the costs (s. 4). On complaint, Justices may order such Analysis (s. 5). Appeal to Quarter Sessions (ss. 6, 7). On condemnation of any patented article, a case may be stated for opinion of a Superior Court in lieu of appeal (s. 8). Mode of procedure as under the Nuisances Act, 1855, or Jervis's Act (a) in England (s. 9), and the Petty Sessions Acts in Ireland (s. 10), with appeal to Quarter Sessions (s. 11). Common law remedy by Indictment not taken away (s. 13). The Act not to affect the reduction of strength of spirits (s. 14).

DISEASED MEAT.

SALE IN MARKETS IN GENERAL.

If any Meat unfit for human food be exposed for sale in any market, &c., or public place, any officer of such market, or constable, or person authorised by the Mayor of the place, or two Justices, or by her Majesty in Council, may seize the same, and report such seizure to the Mayor or any Justice having jurisdiction, who may order the same to be destroyed or otherwise disposed of; and any person offering such Meat for sale, is to forfeit for every offence not exceeding 207. (11 & 12 Vict. c. 107, s. 3). The removal and disposal of Meat likely to propagate infection may be regulated by the Privy Council under the like penalty for offending (s. 4). Penalty for obstructing officers, not exceeding 51, or in default two months' imprisonment (s. 7). Such penalties and costs recoverable before two Justices (s. 8), leviable by distress (s. 9); imprisonment in default not exceeding three months (s. 10);

(a) See note, p. 55. See also 10 Vict. c. 14, s. 15.

appeal to Quarter Sessions (s. 17); Act extended to 1st August, 1864, and the end of the next session by 26 & 27 Vict. c. 95).

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

In any District to which the Public Health and Local Government Acts have been applied, the Inspector of Nuisances may at all reasonable times enter and inspect any shop, stall, &c., used for the sale of meat, poultry, fish, &c., or as a slaughter-house [see "Offensive Trades"], 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 any Justice may upon competent evidence order the same to be destroyed, and the person to whom such belongs, or in whose custody the same is found, shall be liable to a penalty not exceeding 107. for every animal, &c., piece of meat, &c., so found, recoverable before two Justices (11 & 12 Vict. c. 63, s. 63; and see also 10 & 11 Vict. c. 34, s. 131).

NUISANCES REMOVAL ACTS.

The Local Authority [see "Constitution of Local Authorities "] may enter into any premises without notice at all reasonable hours, to inspect any carcase, meat, &c., fish, fruit, &c., corn, bread, or flour (18 & 19 Vict. c. 121, s. 11). The Medical Officer or Inspector of Nuisances may inspect any such article intended for human food, and in case any such appear to him diseased or unwholesome, he may seize and carry the same before a Justice, who may order the same to be destroyed, and the person exposing the same for sale shall be liable to a penalty not exceeding 201., or three months' imprisonment (26 & 27 Vict. c. 117, s. 2) (a). Penalty for obstruction of officers, &c., not exceeding 5l. (s. 3).

(a) By the City Sewers Amendment Act (see note, p. 37), unwholesome meat within the City of London may be seized and destroyed (s. 27); and cattle are not to be kept in cellars more than eighteen inches below the surface (s. 47). Penalty for exposing unwholesome food for sale (s. 52).

SALE OF DISEASED CATTLE, ETC.

To prevent the spread of disease among sheep, &c., it is enacted by the 11 & 12 Vict. c. 107, that in case any sheep or lambs infected with variola ovina, or any disorder of the like nature, be exposed or brought for sale in any market, fair, or other place, where other animals are commonly exposed for sale, any officer of such market, &c., or constable, or person authorised by the Mayor of the place, or two Justices, or by her Majesty in Council, may seize the same, and report such seizure to the Mayor or any Justice having jurisdiction, who may cause the same, together with any pens, hurdles, troughs, litter, hay, straw, or other articles likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of, and any person bringing any sheep, lambs, oxen, bulls, cows, calves, or other horned cattle into such market, &c., knowing such to be infected with either of such disorders, is to forfeit for every offence not exceeding 207. (s. 1). The like penalty if any person depasture sheep or lambs infected with the said disorder (variola ovina) upon any forest, moor, common, &c., open field, roadside, or other unenclosed land (s. 2). The like penalty for like exposure or depasturing of any horse, or other animal, knowing such to be infected with glanders (and provisions incorporated with the above recited Act), by 16 & 17 Vict. c. 62. Any two members of the Privy Council may make Orders for regulating the removal-to or from such places as they may designate-of sheep, cattle, horses, swine, or other animals, or of parts of any animals, or of articles likely to propagate infection; and also for purifying any yard, stable, or place, or any vehicles; also for directing how any of the same, when seized, are to be disposed of; also for causing notice to be given of the appearance of any disorder among sheep, cattle, or other animals, or any other regulations for the purposes of the Act. Offenders against such Orders shall, for every offence, forfeit not exceeding 207., or such smaller sum as directed by such Order (11 & 12 Vict. c. 107,

s. 4). All Orders under the Act to be twice published in the Gazette, within fourteen days of their issue; and also, when applied to any particular place, in some newspaper of the district (s. 5); and to be laid before Parliament, if sitting, within six weeks, otherwise on commencement of the ensuing session (s. 6). Penalty for obstructing officers, not exceeding 51, or in default two months' imprisonment (s. 7). Such penalties and costs recoverable before two Justices (s. 8), leviable by distress (s. 9). Inprisonment in default, not exceeding three months, and form of proceeding (ss. 10 to 16). Appeal to Quarter Sessions, &c. (ss. 17 to 19). Saving rights of the City of London (s. 21). Act extended to 1st August, 1864, and the end of the next session, by 26 & 27 Vict. c. 95.

IMPORTATION OF DISEASED CATTLE.

To prevent the Introduction into the United Kingdom of diseased animals from abroad, where infectious diseases prevail among cattle, &c., it is enacted, by the 11 & 12 Vict. c. 105, that her Majesty, by Order in Council, may prohibit the Importation into any port or ports of cattle, sheep, horses, or other animals, either generally or from any place named, for such period as may be deemed necessary for preventing the introduction of any infectious or contagious disorder among such animals in this country (s. 1). In like manner, Regulations may be made for subjecting any such animals to Quarantine, or for causing them to be destroyed on their arrival, or for destroying any hay, fodder, or other article whereby infection or contagion may be conveyed, or generally with respect to the Importation of such animals, in order to prevent the introduction of any such disorder (s. 2). Cattle imported contrary to any such Order in Council to be forfeited, and persons offending liable to penalties imposed by the Customs Acts (s. 3). Such Orders to be twice published in the Gazette, within fourteen days of their issue, and to be laid before Parliament, if sitting, within six weeks, otherwise on commencement of the ensuing session (s. 5).

POISON.

SALE OF ARSENIC.

For the purpose of restricting the sale of Arsenic it is enacted by the 14 Vict. c. 13, that every person who sells any Arsenic, Arsenious or Arsenic acid, Arsenite, Arseniate, or other colourless poisonous preparation of Arsenic, except for any prescription from a legally qualified Medical Practitioner, or to any retail dealers upon orders in writing in the ordinary course of wholesale dealing (ss. 5 and 6), shall, before the delivery thereof to the purchaser, enter in a book, in the form prescribed, a statement of such sale, the quantity sold, the purpose for which it is required, the date and the name, address, and occupation of the purchaser, to be signed by the seller and the purchaser, if able to write, and if unable, "cannot write" to be inserted (s. 1). No person is to sell any Arsenic, &c., to any one not known to him, unless in the presence of a witness who is known to the seller, and to whom the purchaser is known, and who signs his name with his address to such entries before the delivery of the Arsenic to the purchaser; nor to any person under full age (s. 2); nor, unless the Arsenic be mixed with soot or indigo in the proportion of at least one ounce of soot or half an ounce of indigo to a pound of Arsenic (a), except it be required for some purpose for which such admixture would render it unfit, in a quantity of not less than 10 lb. at any one time (s. 3). Penalty for neglect of any such requirements or for false information, or pretence of knowledge, not exceeding 201. for every offence upon conviction before two Justices (s. 4).

By the 23 Vict. c. 8, s. 2, to administer any Poison or

(a) It would seem highly desirable that the vender of any fluid poison should be required to put the same into a bottle of a particular shape and colour.

« EelmineJätka »