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itself unfit for human habitation, is so situate, that by reason of its proximity to, or contact with, any other buildings, it causes one of the following effects:

1. It stops ventilation, or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation, or dangerous or injurious to health, or

2. It prevents proper measures from being carried into effect for remedying any nuisance injurious to health, or other evils complained of in respect of such other buildings;

in any such case the M. O. H. shall represent to the L. A. particulars relating to such obstructive building, stating that in his opinion it is expedient that such building should be pulled down.

NOTE.-Any four inhabitant householders may make to the L. A. a representation as to obstructive buildings to the like effect as that of the M. O. H. of the district.

The L. A. on receiving any such representation shall

cause

(a) A report to be made to them respecting the circumstances of the building, and the cost of pulling down the building and acquiring the land, and if on consideration they decide to proceed shall cause

(b) A copy of the representation and report to be given to the owner of the lands on which the obstructive building stands, with notice of the time and place appointed by the L. A. for the consideration thereof, when such owner shall be at liberty to attend and state his objections.

If L. A. order demolition of obstructive building, and no appeal is made against the order, or if made, either fails or

is abandoned, the L. A. shall be authorized to purchase the lands on which the obstructive building is erected.

But the owner of such lands may within one month after notice to purchase declare that he desires to retain the site of such building, and undertake either to pull down or permit the L. A. to do so, in which case owner shall retain the site, and receive compensation from the L. A. for the pulling down of the obstructive building.

Where owner retains the site, no house or other building or erection which will be dangerous or injurious to health shall be erected upon such site or any part thereof; and if any such be erected the L. A. may at any time order the owner to abate or alter the same, and in the event of noncompliance with such order may, at the expense of the owner thereof, abate or alter the same.

Part III.-WORKING CLASS LODGING-HOUSES.

The expression "lodging-houses for the working classes" shall include separate houses or cottages for the working classes, whether containing one or several tenements.

The expression cottage may include a garden of not more than half an acre, provided that the estimated annual value of such garden shall not exceed three pounds.

For the purposes of this Act any L. A. may

1. Acquire land, and sects. 175-178, both inclusive, of "the Act," relating to the purchase of lands, shall apply.

2. Contract for the purchase of lease of any lodginghouses for the working classes already or hereafter to be built and provided.

3. If not a R. A., with the consent of the L. G. B., and

if a R. A., with the consent of the county council of the county in which the land is situate, appropriate any lodging-houses so purchased or taken on lease, and any other land which may be for the time being vested in them, or at their disposal.

The L. A. may

1. Erect lodging-houses for the working classes on any land acquired or appropriated by them.

2. Convert any existing buildings into such lodginghouses.

3. Alter, enlarge, repair, improve, fit up, furnish, supply the same with all requisite furniture, fittings and conveniences.

The general management, regulation and control of the lodging-houses established or acquired by a L. A. shall be vested in and exercised by the L. A., who may make such reasonable charges for their tenancy or occupation as they may determine by their regulations.

Any person who, or whose wife or husband, at any time while such person is a tenant or occupier of any such lodging-house, or any part thereof, receives any relief under the Acts relating to the relief of the poor, other than relief granted on account only of accident or temporary illness, shall thereupon be disqualified for continuing to be such a tenant or occupier.

CHAPTER IV.

THE ACTS COLLECTIVELY CITED AS "THE SALE OF FOOD AND DRUGS ACTS, 1875 TO 1899," AND "THE SALE OF HORSE-FLESH ACT, 1889."

AN essential element in most criminal prosecutions is what is known at law as mens rea, or guilty knowledge, and the onus probandi of the presence of mens rea generally lies on the prosecution, because if an accused person has committed the act with which he is charged under a colour of right, he must be discharged. (R. v. Twose, 14 Cox, 327.) But the Sale of Food and Drugs Acts form a remarkable exception to this general rule, as in all prosecutions for adulteration under these Acts, the defendant, assuming the analysis to be adverse, is presumed to be guilty.

The law on this subject of food supply is dealt with in the following five Acts:

Part 1.

The Sale of Food and Drugs Act, 1875.

Part 2.

The Sale of Food and Drugs Amendment
Act, 1879.

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Part 4.

The Sale of Food and Drugs Act, 1899.

Part 5.

The Sale of Horse-Flesh Act, 1889.

Definitions.

Food shall include every article used for food or drink by man other than drugs or water, and any article which

ordinarily enters into or is used in the composition or preparation of human food, and shall also include flavouring matters and condiments.

NOTE.-Chewing gum has been held not to be an article of food (Shortt v. Smith (1895), 11 L. T. R. 325), on the ground that it was not intended to be swallowed.

Drug shall include medicine for internal or external use. NOTE.-Beeswax, though included as a drug in the "British Pharmacopoeia," was held not to be a drug in Foule v. Fowle (1896), 75 L. T. 514. Certain articles, e.g., carbolic and sulphuric acids, are sold in ordinary commerce, as well as by chemists, hence the difficulty. The trend of the decisions is, that only such articles as are sold for medicinal use will be held to fall within the above definition of drug.

Butter shall mean the substance usually known as butter, made exclusively from milk or cream, or both, with or without salt or other preservative, and with or without the addition of colouring matter.

Margarine shall mean all substances, whether compounds or otherwise, prepared in imitation of butter, and whether mixed with butter or not, and no such substance shall be lawfully sold, except under the name of margarine, and under the conditions set forth in the Margarine Act of 1887.

Exhausted tea shall mean and include any tea which has been deprived of its proper quality, strength or virtue by steeping, infusion, decoction or other means.

Margarine cheese means any substance, whether compound or otherwise, which is prepared in imitation of cheese, and which contains fat not derived from milk.

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