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11 & 12 VICT.

c. 63.

be liable to

And the person to whom such animal, carcase, meat, poultry, game, flesh, or fish belongs, or in and persons whose custody the same is found, shall be liable to a tody of it to penalty not exceeding ten pounds for every animal or penalties. 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 hereinafter provided with respect to penalties, the recovery whereof is not expressly provided for (x).

trades newly

to be subject to regulation of local board

LXIV. And be it enacted, that the business of a Offensive blood-boiler, bone-boiler, fellmonger, slaughterer of established cattle, horses, or animals of any description (y), soapboiler, tallow-melter, tripe-boiler, or other noxious of health. or offensive 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 Appeal to

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 (y):

the general board.

(2) As to the recovery and application of penalties, see post, ss. 129, 133; pp. 181, 185.

See also the temporary Act (11 & 12 Vict. c. 107, s. 3), by which a power to seize unwholesome meat, &c. is given to clerks of markets, inspectors, constables, policemen, and others specially authorized in that behalf.

(y) See note (r) ante, p. 101.

PUBLIC HEALTH ACT

1848.

Bye-laws with respect to offensive trades.

And the said local board may from time to time make such bye-laws (z) 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 (@).

Act not to affect present law as to nuisances.

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 (6).

Common Lodginghouses ;

LXVI. And be it enacted (c), that it shall not be lawful to keep any cominon (d) lodging-house

To be registered, &c.

(2) As to bye-laws in general, see post, s. 115, pp. 163-165.

(a) Provisions for the regulation and removal of offensive trades are contained in the Metropolitan Buildings' Act (7 & 8 Vict. c. 84, ss. 51, 61). See also Towns Improvement Clauses Act, s. 104.

By s. 8 of the Nuisances Removal and Diseases Prevention Act, 1848, post, p. 225, hospitals for the reception of patients afflicted with infectious or contagious diseases cannot be newly opened without the consent of the general board of health.

(67 This section, therefore, leaves untouched the remedies given by the common and statute law, both with respect to public and private nuisances. See also s. 134, p. 186.

(c) This section is framed upon the 28th recommendation of the commissioners for inquiring into the state of large towns, &c. ; viz., “ that provision should be

for the regulation of lodging-houses for the reception of vagrants, trampers, and other such wayfarers.” (2nd Report, p. 67.)

(d) The term common lodging-house,” which occurs throughout this section was adopted by the House of Commons

C. 03.

unless the same be registered as next hereinafter 11 & 12 Vict. mentioned; 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 com

after great consideration. The Lords proposed to define the term to mean any public lodging-house, not being a licensed victualling house, in which persons are harboured or lodged for hire for a single night, or less than a week at one time, or in which any room is let for hire, to be occupied by more than one family at one time." The Commons, however, disagreed to this definition, considering that it “would include many houses not within the purview of the section.” It may be added, that the terms of the definition were recommended by the select committee of the House of Lords, to whom the measure was referred, after much discussion; and it was afterwards introduced into the clause for the regulation of lodging-houses, in the City of London Sewers Act, 1848, s. 91, which was considered in both houses some days after the present Act had been disposed of.

In the copies printed by the Queen's printer, the first part of this clause stands thus,—" it shall not be lawful to keep any common public lodging-house;" but the word "public" is not to be found in the ingrossment. The copy first printed for the Lords (which is a transcript of the ingrossment in the state in which it originally left the House of Commons), and the two other copies printed for their lordships, before the bill was returned to the Commons with amendments, are correct in this particular. The mistake first occurred in the copy exhibiting the amendments of the Lords, printed for the House of Commons; the copy printed for the Lords, exhibiting the amendments of the Commons upon the amendments of the Lords, adopted the error; and the last-mentioned copy being set up in the identical type from which the Queen's printer's copy of the Act of parliament is printed, the discrepancy between it and the record is at once accounted for. (See the evidence taken before the select committee on printing, p. 25, question 184; and see also p. 24, question 178.) [Since this note was printed the error has been amended, and the copies issued by the Queen's printer since the 9th of November are correct in the particular referred to].

PUBLIC HEALTH ACT

1848.

Local board to make

common

houses,

and may

authorize

mon lodging-house kept by him, and the situation of every such house;

And the said local board shall from time to time bye-laws for make bye-laws (d)regulating Lodging

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 entry of any shall give access to the same when required by any ing-house.

persons who shall produce the written authority of the said local board in this behalf, for the purpose of inspecting the same, or for introducing or using

therein any disinfecting process; Expense of And the expenses incurred by the said local board, purifying,

in so introducing or using any disinfecting process, shall be recoverable by them in a summary manner from the person keeping the lodging-house in which

the same shall have been used or introduced ; Penalty for And whosoever shall receive lodgers in any failing to register, or common lodging-house without having registered refusing to allow inspec- the same as required by this Act, or shall refuse to tion, &

admit therein, at any time between the hour of eleven in the forenoon and the hour of four in the afternoon, any person authorized by the said local board as last aforesaid, shall for every such offence be liable to a penalty not exceeding forty shillings.

(d) See generally with respect to bye-laws of the local board, post, s. 115, pp. 163-165.

&c.

c. 03.

Cellars, &c.

&c. not to be

&c. to be

under con

LXVII. And be it enacted, that it shall not be 11 & 12VicT. lawful to let or occupy or suffer to be occupied separately as a dwelling any vault, cellar, or under- newly built, ground room built or rebuilt after the passing of this separately Act, or which shall not have been so let or occupied dwellings. before the passing of this Act:

And it shall not be lawful to let or continue to let, No cellars, or to occupy or suffer to be occupied, separately as let separately a dwelling, any vault, cellar, or underground room lings except whatsoever,

ditions, as

to (e)Unless the same be in every part thereof at least 1. Height

seven feet in height, measured from the floor

to the ceiling thereof; Nor unless the same be at least three feet of its 2. Height

height above the surface of the street or ground ground.

adjoining or nearest to the same; Nor unless there be outside of and adjoining the 3. Width of

same vault, cellar, or room, and extending along
the entire frontage thereof, and upwards from
six inches below the level of the floor thereof
up to the surface of the said street or ground,
an open area of at least two feet and six inches
wide in every part (f);

within.

above

outside area.

(e) The conditions with respect to the letting of cellars, &c. are principally re-written from the Liverpool Act of 1846, s. 118. The Metropolitan Buildings' Act (7 & 8 Vict. c. 84, s. 53), and Schedule (K) of the same Act, contain somewhat similar provisions. General provisions for the regulation of cellars, &c. used as dwellings were recommended by the commissioners for inquiring into the state of large towns (24th recommendation, 2nd Report, p. 60).

(f) See provision post, p. 109, with respect to steps in cellar

areas.

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