98 PUBLIC HEALTH ACT 1848. Such nuisances to be abated by local board. Removal of offensive accumulations, &c. upon notice from inspec tor of nui sances. Overflowing Cesspools, &c.; Offensive Heaps. 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 (7): any And if at any time it appear to the inspector of nuisances that 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. c. 69. to the person to whom the same belongs, or to the 11 & 12 VICT. 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 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 health, &c. &c. is in an unwhole some con board to require that the same That any house, or part thereof, is in such a filthy dition, local or unwholesome condition that the health of any person is affected or endangered thereby,Or that the whitewashing, cleansing, or purifying of any house, or part thereof, would tend to prevent or check infectious or contagious disease,The said local board shall give notice in writing to (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 1848. HEALTH ACT the owner or occupier of such house, or part thereof, to whitewash, cleanse, or purify the same, as the case may require; Penalties; and in case of default local board may white- owner or occupier. Slaughterhouses, &c. Slaughter registered. 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 penalty not exceeding ten shillings for every day during which he continues to make default; and the said 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 (0). LXI. And be it enacted, that every building or place used as a slaughter-house (p) 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; Penalties for not registering. And whosoever uses, or suffers to be used, any building or place as a slaughter-house without its being 66 (0) See post, s. 129, p. 180. "includes knackers' yards c. 63. 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 (q). may provide houses, and 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 slaughterhouses, and for keeping the same in a cleanly and proper state: (q) This sentence is framed upon ss. 126, 127 of the Towns Improvement Clauses Act. As to the recovery and application of penalties, see ss. 129, 133; pp. 181, 185. (r) By a statute of 4 Hen. 7 (c. 3), it was enacted, that "no 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. "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 s. 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. laws with respect to all slaughterhouses, PUBLIC HEALTH ACT 1848. to affect rights of 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). certain companies. Power to inspector of LXIII. And be it enacted (v), that the inspector nuisances to of nuisances may, and he is hereby empowered, at enter places used for sale all reasonable times, with or without assistants, to of butcher's meat, &c. Meat, &c unfit for food to be seized, &c. enter into and inspect any shop, building, stall or (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. |