on to do so by the landlord; but constables should carefully avoid remaining on licensed premises longer than their duty actually requires them to do, lest complaints should be made against them for frequenting public-houses.

Removal from premises.-A constable can, at the request of the landlord, remove from any licensed premises any person refusing to leave the same, but he should not detain him in custody unless he has a charge against him.

A constable can remove from any premises, at the request of the owner, any person who has forcibly gained access thereto, or who has gained access having no right to enter. The constable should first request such person to go out, and unless he does so he should put him out, using no more force than is necessary for the purpose. See title FORCIBLE ENTRY, ante.

Public Health Act.

The Public Health Act, 1875 (38 & 39 Vict. c. 55), applies to the whole of England (the metropolis excepted); it consolidates with a few exceptions the whole of the Sanitary Acts. For the purposes of the Act England is divided into urban and rural sanitary districts (section 5).

Various penalties attach to the non-observance of the provisions of the Act. These penalties are enforceable and recoverable by the local authority. The police may, however, under certain circumstances, be required to enforce some of the provisions of the Act relating to nuisances, common lodging houses, infectious diseases, &c.

The Act is very voluminous, containing 343 sections and five schedules, distributed under eleven principal headings.

SANITARY PROVISIONS. Under the head of "Sanitary Provisions" are included regulations as to sewerage (section 21); house drainage (section 23); building without drains, &c. (sections 25, 26); privies, &c. (sections 26-41); scaven

ging and cleansing streets and houses, filthy houses, &c. (sections 43-46).

Urban districts.-Section 47 enacts that any person who in any urban district keeps any swine or pigstye in any dwellinghouse, or so as to be a nuisance to any person, or suffers any waste or stagnant water to remain in any cellar or place within any dwelling-house for 24 hours after written notice to him from the urban authority to remove the same, or allows the contents of any watercloset or cesspool to overflow or soak therefrom, shall for every such offence be liable to a penalty not exceeding 40s., and not exceeding 5s. for every day the offence is continued, and the urban authority shall abate every such nuisance, and may recover in a summary manner the expenses incurred from the occupier of the premises on which the nuisance exists.

Sections 48 to 50 relate to offensive ditches, collection of matter, manure, &c.

Sections 60 to 70 as to water supply, polluted wells, &c. Sections 73 to 75 as to occupation of cellar dwellings contrary to the provisions of the Act.

Bye-laws. An urban authority may also, under section 44, make bye-laws for the prevention of nuisances arising from snow, filth, dust, ashes, and rubbish, and for the prevention of the keeping of animals on any premises so as to be injurious to health.

COMMON LODGING HOUSES.-A person shall not keep a common lodging house unless the house is registered, and the number of lodgers to be received authorized (sections 76 and 77).

A house is not to be registered until it has been inspected and approved by some officer of the local authority (section 78).

Section 79 relates to affixing name, &c., on premises.

Section 80 provides for the making of bye-laws by the local authority.

Section 81 relates to water supply (a).

The keeper of a common lodging house is required to limewash the walls and ceilings of his house in the first weeks of April and October in every year; penalty for failing to do so 40s. (section 82).

The keeper of a house, if required, is bound to furnish a report of all persons resorting to his house during preceding day or night (section 83).

Immediate notice has to be given of outbreak of fever or infectious disease (section 84).

The keeper of a lodging house is liable to a penalty of 51. if he refuse access to the house or any part of it at any time to any officer of the local authority (section 85).

By section 89 of the Act the expression "common lodging house" includes in any case in which only part of a house is used as a common lodging house, the part so used of such house. This is the only definition of the term " common lodging house" given in the Act.

A lodging house open to all comers where pedlars and persons suspected of vagrancy are received at sixpence a night, and have their meals in one common room, is a common lodging house under the Act (Langdon v. Broadbent, 42 J. P. 56, 67; 37 L. T. 484).

Section 90 empowers the Local Government Board to make bye-laws for the regulation of houses let as lodgings.

NUISANCES. For the purposes of this Act, section 91 defines as nuisances-(1) Any premises in such a state as to be a nuisance or injurious to health (b); (2) any pool, ditch, gutter, washhouse, privy, urinal, cesspool, drain, or ashpit,

(a) An Act of 1878 (41 & 42 Vict. c. 25) amends the Act of 1875 so far as relates to the supply of water.

(b) Section 97 of Act empowers the court to prohibit any premises being used for habitation which in the opinion of the court are unfit for human habitation,

so foul or in such a state as to be a nuisance or injurious to health; (3) any animal so kept as to be a nuisance or injurious to health; (4) any accumulation or deposit which is a nuisance or injurious to health; (5) any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family; (6) any factory, workshop, or workplace (not already under the operation of any general Act for the regulation of factories or bakehouses), not kept in a cleanly state, or not ventilated in such a manner as to render harmless, as far as practicable, any gases, vapours, dust, or other impurities. generated in the course of the work carried on therein, that is a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein; (7) any fireplace or furnace which does not as far as practicable consume the smoke arising from the combustible used therein, and is used for working engines by steam, or in any mill, factory, diehouse, brewery, bakehouse, or gasworks, or in any manufac tory or trade process whatsoever; (8) any chimney (not being the chimney of a private dwelling-house) sending forth black smoke (which need not be proved to be injurious to health) in such quantity as to be deemed to be a nuisance.

The above shall be deemed to be nuisances liable to be dealt with summarily under this Act (section 91).

Certain "exceptions" are contained in a proviso to the section.

Under section 93 of the Act information of any nuisance as defined in section 91 of the Act may be given to the local authority by any person aggrieved, by any two inhabitant householders, by any officer of such authority, or the relieving officer, or any constable or officer of the police force of such district (section 93).

Under section 105, when proceedings are taken, the court before whom the case is heard may adjourn the hearing of the summons for an examination of the premises where the nuisance is alleged to exist, and may authorize the entry into

such premises of any constable or other person for the purpose of such examination. Any constable authorized under this section shall have the like powers and be subjected to the like restrictions as if he were an officer of the local authority. Under section 106, when it is proved to the satisfaction of the Local Government Board that a local authority has made default in the performance of their duty in relation to nuisances, the Local Government Board may authorize any officer of police acting within the district of the defaulting authority to institute any proceedings which the defaulting authority might institute with respect to such nuisance, but such officer of police shall not be at liberty to enter any house or part of a house used as the dwelling of any person without such person's consent, or the warrant of a justice for the purpose of carrying into effect the enactment.

OFFENSIVE TRADES.-Section 112 restricts the establishing of offensive trades-such as blood, bone, or soap boilingwithin the district of an urban authority without their consent-penalty not exceeding 50l.; and on the certificate of two medical practitioners or ten inhabitants of the district of an urban authority that any place used for trade or manufacture causing effluvia is a nuisance or injurious to health such authority shall make complaint to justice, who may order carrying before court of summary jurisdiction, who are empowered to inflict a penalty of 51., and subsequent penalties up to 2001. on offender.

UNSOUND MEAT. - Sections 116 to 119 relate to sale or exposure for sale, &c., of meat unfit for human food. The police are not empowered to interfere with or seize such meat, but the circumstances should at once be reported to the medical officer of health or inspector of nuisances.

INFECTIOUS DISEASES.-Sections 124 and 125 relate to removal to hospital under the order of a justice and on a medical certificate of any person who is suffering from any dangerous infectious disorder, and is without proper lodging