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PUBLIC HEALTH ACT

1848.

Such nuisances to be abated by local board.

for twenty-four hours after written notice to him from the local board of health to remove

the same (k),— And whosoever allows the contents of any water

closet, privy, or cesspool to overflow or soak

therefrom (k), Shall, for every such offence, be liable to a penalty not exceeding forty shillings, and to a further penalty of five shillings for every day during which the offence is continued :

And the said local board shall abate or cause to be abated every such nuisance, and the expenses incurred by them in so doing shall be repaid to them by the occupier of the premises upon which the same exists, and be recoverable from him in the summary manner hereinafter provided (1):

And if at any time it appear to the inspector of nuisances that any accumulation of manure, dung, soil, or filth, or other offensive or noxious matter whatsoever, ought to be removed, he shall give notice were the spots most visited by the epidemic. (2nd Report of the commissioners for inquiring into the state of large towns, p. 41.) The several provisions in this section (59), with the exception of those relating to swine, were framed upon the Towns Improvement Clauses Act, 1847, ss. 99, 101. (k) See City of London Sewers Act, 1848, ss. 85, 87.

(1) The provision for summary abatement contained in this section is founded upon the 14th recommendation of the commissioners for inquiring into the state of large towns. (2nd Report, p. 44.)

See also the Nuisances Removal and Diseases Prevention Act, 1848 (ss. 1, 5, pp. 209, 222); but under that Act an order of justices is in all cases necessary, to justify abatement by the public authorities.

Removal of ottensive accumulations, &c. upon notice from inspector of nuiSinces

c. 63,

to the person to whom the same belongs, or to the 11 & 12Vrcr. occupier of the premises whereon it exists, to remove the same; and if at the expiration of twenty-four hours after such notice the same be not complied with, the manure, dung, soil, or filth, or matter referred to, shall be vested in and be sold or disposed of by the said local board, and the proceeds thereof shall be carried to the district fund account hereinafter mentioned (m).

ficate of

&c. is in an unwholesome con

board to

LX. And be it enacted (n), that if upon the certifi- Upon certicate of the officer of health (if any), or of any two officer of medical practitioners, it appear to the local board that a house, of health That any house, or part thereof, is in such a filthy dition, local

or unwholesome condition that the health of require that

any person is affected or endangered thereby,- Washed, &c. Or that the whitewashing, cleansing, or purifying under penal

of any house, or part thereof, would tend to pre

vent or check infectious or contagious disease, The said local board shall give notice in writing to

the same

(m) Post, s. 87, p. 136.

(n) Framed upon s. 102 of the Towns Improvement Clauses Act, 1847, and according to the 27th recommendation of the commissioners for inquiring into the state of large towns. The commissioners, however, recommended that the owner should be charged with the expenses in all cases.

Similar provisions are contained in the London Police Act of 1839. The Nuisances Removal and Diseases Prevention Act, 1848, is specially directed against the cases to which this clause applies (s. 1, p. 210); but, as already observed, an order of justices is in all cases necessary for the purpose of proceeding under that Act.

PUBLIC HEALTH ACT

1848.

Penalties;

the owner or occupier of such house, or part thereof, to whitewash, cleanse, or purify the same, as the case may require;

And if the person to whom notice is so given fail to comply therewith within such time as shall be specified in the said notice, he shall be liable to a pen

alty not exceeding ten shillings for every day during and in case which he continues to make default; and the said local board. local board may, if they shall think fit, cause such

house, building, or part thereof, to be whitewashed, cleansed, or purified, and the expenses incurred by them in so doing shall be repaid by the owner or occupier in default, and be recoverable from either of them in the summary manner hereinafter provided (6).

of default

wash, &c.

at the ex

pense of

owner or occupier.

Slaughterhouses, 9C.

Slaughter

registered.

LXI. And be it enacted, that every building or

place used as a slaughter-house (n) shall, within houses to be three months after this Act is applied to the district

in which it is situate, or in the case of a building or place newly used as a slaughter-house after that time) within three months after the commencement of such user, be registered by the owner or occupier thereof at the office of the said local board, in a book which shall be kept by such board for that purpose;

And whosoever uses, or suffers to be used, any building or place as a slaughter-house without its being

(0) See post, s. 129, p. 180.

(p) The term “slaughter-house" includes knackers' yards (s. 2, ante, p. 11).

Penalties for not registering.

c. 63.

laws with respect to all slaughterhouses,

registered as required by this Act, shall be liable, 11 & 12 Vict. for every such offence, to a penalty not exceeding five pounds, and a further penalty not exceeding ten shillings for every day during the continuance of the offence after written notice thereof from the said local board (9).

LXII. And be it enacted (r), that the local board Local board. of health may from time to time, if they shall think slaughterfit, provide premises for the purpose of being used make byeas slaughter-houses (s); And they shall make bye-laws (t)-For and with respect to the management and

charges for the use of the premises so provided; And with respect to the inspection of all slaughter

houses, and for keeping the same in a cleanly
and

proper state:
(9) This sentence is framed upon ss. 126, 127 of the Towns
Improvement Clauses Act. As to the recovery and appli-
cation of penalties, see ss. 129, 133 ; pp. 181, 185.

(r) By a statute of 4 Hen. 7 (c. 3), it was enacted, that butcher nor his servant slay no manner of beast” “ within the walls of London," upon pain to forfeit for every ox twelve pence, and every cow and every other beast eight pence,” “the one half to the king and the other half to the informer,” who should sue for the same by action of debt.

66 And over this it was enacted,” that the Act should extend, and be observed and kept in every city, borough and town walled within England, except Berwick and Carlisle. The statute has become obsolete, for which it is not difficult to assign reasons, seeing that it is confined to walled towns, and further (it would seem), to parts within the walls; that the penalties (in modern times at least) would not be very ruinous; and that the penalties, such as they are, were to be recovered by action of debt. See 8. 64, p. 103.

(8) See Towns Improvement Clauses Act, s. 134.
(t) As to bye-laws in general, see s. 115, post, pp. 163-165.

66

no

PUBLIC HEALTH ACT

1848.

to affect rights of certain companies.

Provided always, that nothing herein contained

shall prejudice or affect the rights, privileges, powers, but not so as 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 slaughter-houses for the accommodation of any city, town, borough or place (u).

Power to inspector of

of butcher's meat, &c.

LXIII. And be it enacted (v), that the inspector nuisances to of nuisances may, and he is hereby empowered, at used for sale all reasonable times, with or without assistants, to

enter into and inspect any shop, building, stall or place kept or used for the sale of butcher's meat, poultry, or fish, or as a slaughter-house, 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; Meat, &c And if it appear to a justice (w), upon the evidence

of a competent person, that any such animal, carseized, &c.

case, 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;

unfit for food to be

(u) This proviso was framed with a view to the Wakefield borough market company, who are empowered by a local Act (10 & 11 Vict, c. 99) to make and maintain slaughter-houses for the accommodation of the borough.

(v) Framed upon s. 31 of the Towns Improvement Clauses Act, s. 31.

(w) As to the course of proceeding, see post, s. 131.

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