Bye-laws imposition of C. 14, s. 43. Bye-laws with respect to markets, etc. No bye-laws to come into operation until allowed in the manner of State. may impose such reasonable penalties as they shall think fit, not exceeding £5 for each breach of such bye-laws; provided that every such bye-law shall be so framed as to allow the justices before whom any penalty imposed thereby shall be sought to be recovered to order the whole or part only of such penalty to be paid. A local Act prohibited the sale of goods on the public highway of a town under a penalty, but provided that no person should be liable to such penalty for selling goods in such parts of the town as had been theretofore used for that purpose at the time of the usual fairs and markets. A Local Board of Health having been established for the town by 16 & 17 Vict. c. 24, which repealed portions of the local Act, but left the provisions of that Act unrepealed as regards the above matters, and incorporated them therewith, and also the powers of regulating the market given by the Markets and Fairs Clauses Act, 1847. The Local Board, acting under these provisions, made a bye-law that no meat should be sold in a particular part of the market held in the town; and on a case stated for the opinion of the Court of Common Pleas, under 20 & 21 Vict. c. 43, it was held that the bye-law was valid and a reasonable regulation of the market, and that for a breach of it a penalty might be enforced, notwithstanding the provision of exemption incorporated from the local Act. (1) Where a bye-law of a market imposed a penalty on all persons who left carts in the market-place for a longer time than was necessary for loading or unloading, and an innkeeper, by direction of a carter who put up at his inn, left the cart in the market-place for an hour, carts having for many years been so left while the owners attended market, it was held that the innkeeper was liable to be convicted if he put the cart in the market-place. (2). A bye-law for regulating a market must not be so restrictive as to prevent without leave a frequenter of it from resorting to it. (3) No such bye-laws (except such as may relate solely to the officers or servants of the Board) shall come into operation until the same shall be allowed in the manner prescribed by the special Act, or, if no manner be prescribed, until the same shall be allowed by the justices at Quarter Sessions, and in either case approved under the hand of one of her Majesty's principal Secretaries of State; and it shall be incumbent on the justices at Quarter Sessions, on the request of the Board, to examine into the bye-laws which may be tendered to them for that purpose, and to allow of or disallow the same as to them may seem meet. Further, as regards the confirmation of bye (1) Savage v. Brook, 33 L. J. M. C. 42; 15 C. B. (N. s.) 264; 10 Jur. (N. s.) 587; 9 L. T. (N. S.) 334. (2) De Caux v. Powley, 28 J. P. 806. (3) Wortley v. Nottingham, 21 L. T. (N. S.) 582; 33 J. P. 806, 10 & II Vict. open for Ib. s. 47. laws, by the Secretary of State, see the chapter on bye-laws, post. No such bye-law shall be allowed unless notice of the Notice of intention to apply for an allowance of the same shall have allowance of been given in one or more newspapers of the county in which bye-laws to be given in the market or fair shall be situated, or, if there be no news- one or more paper in such county, in one or more newspapers of the adjoining newspapers, county, one month at least before the hearing of such applica- etc. tion; any party aggrieved by any such bye-law, on giving C. 14, s. 45. notice of the nature of his objection to the Board ten days before the hearing of the application for the allowance thereof, may, by himself or his counsel, attorney or agent, be heard upon the same matter of objection. For one month at least before any such application for allowance of any bye-law, a copy of such proposed bye-laws shall be kept at the principal A copy of office of the Board, and shall be put up in some conspicuous proposed byelaws to be place in the market-place or fair, and all persons at all reasonable times may inspect such copy without fee or reward, and inspection. the Board shall furnish every person who shall apply for the Ib. s. 46. same with a copy thereof, or any part thereof, on payment of sixpence for every hundred words so to be copied. The said bye-laws shall be published in the prescribed manner, and Publication when no manner of publication is prescribed they shall be of bye-laws. printed, and the clerk of the Board shall give a printed copy thereof to every person applying for the same without charge, and a copy thereof shall be painted or placed on boards, and put up in some conspicuous part of the principal office of the Board, and also in some conspicuous place in the market-place or fair, and such boards, with the bye-laws thereon, shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward. In case the clerk Penalty on shall not permit the same to be inspected at all reasonable clerk for times, he shall for every such offence be liable to a penalty not Ib. s. 47. neglect. exceeding £5. All bye-laws so made and confirmed, when pub- Bye-laws to lished and put up, shall be binding upon and be observed by all be binding on parties, and shall be a sufficient warrant for all persons acting all parties. under the same. The production of a written or printed copy of the bye-laws requiring confirmation by the Court of Quarter Session, authenticated by the signature of the judge or of the chairman of the Court or the sheriff who shall have approved of the same, and requiring approval under the hand of one of Her Majesty's principal Secretaries of State, and a written or printed copy of the bye-laws not requiring such confirmation or approval, authenticated by the common seal of the Board, shall be evidence of the existence and making of such bye-laws in all cases of prosecution under the same, without proof of the signature of such judge, chairman, or such Secretary of State, or the common seal of the Board. With respect to the proof of Proof of the publication of any such bye-laws, it shall be sufficient to publication prove that a painted board containing a copy thereof was put of bye-laws. Ib. s. 49. up and continued in manner by the Act directed, and in case of Ib. s. 48. Fish trade at Scarborough. 23 & 24 Vict. c. 44, s. 3. Diseased animals. 32 & 33 Vict. c. 70, s. 75. its afterwards being displaced or damaged, that such board was replaced or restored as soon as conveniently might be, unless proof be adduced by the party complained against that such painted board did not contain a copy of such bye-laws, or was not duly put up or continued as directed by the Act. The following provision regarding the fish trade at Scarborough is contained in the 23 & 24 Vict. c. 44, s. 3. For the better accommodation of dealers and other persons employed in the fish trade at Scarborough, and for the prevention of nuisances arising from the carrying on of such trade, the Local Board shall have power to purchase or take upon lease, sell or exempt, any lands or premises, and to provide and erect thereon fish stages, staithes, stands, areas, sheds, warehouses, piers, jetties, wharves, buildings, and other conveniences for the purposes of landing, selling, packing, salting, sorting, or otherwise dealing with fish, and to form and make all necessary railways, tramways, roads, and approaches thereto, such powers and purposes shall be deemed to be, in all respects, powers and purposes of the Public Health Act, 1848, and the Local Government Act, 1858. In concluding this chapter, it should be noticed that under. the Contagious Diseases (Animals) Act, 1869, the Privy Council may from time to time make such orders as they think expedient, for, amongst other things, prohibiting or regulating the holding of markets, fairs, exhibitions, or sales of animals. 315 CHAPTER XV. SLAUGHTER-HOUSES. houses. THE LOCAL BOARD may provide premises for the purpose of Local Board being used as slaughter-houses, or knackers' yards, or places to may provide be used for slaughtering cattle, horses, or animals of any de- slaughterscription for sale. Nothing in the Act is, however, to prejudice 11 & 12 Vict. or affect the rights, privileges, powers or authorities of any c. 63, s. 62. persons incorporated by Local Acts of Parliament passed before the 31st August. 1848, for the purpose of making and maintaining slaughter-houses for the accommodation of any city, town, borough, or place. houses and The Local Board may license such slaughter-houses and Licensing knackers' yards as they may think proper, for slaughtering slaughtercattle within the district; and no place, not used as such before knackers' the application of the Act to the district, and continued to be yards. used as such, shall be used or occupied as a slaughter-house or 21 & 22 Vict. knackers' yard until a license for its erection or use has been c. 98, s. 45. obtained: offenders in this respect are liable to a penalty not 10 & II Vict. exceeding £5, and a like penalty for every day after convic- Ib.. 126. tion upon which the offence is continued. c. 34, s. 125. Penalty. The Local Board, it will be observed, are to give their Ib. license to such slaughter-houses and knackers' yards as they may think proper: therefore if they should think the house or yard is in an undesirable locality, they may refuse the license. An house. The following illustrates what would be held to be the Grant of grant of a license. The Manchester Police Act empowers the license to Town Council of the borough to grant licenses for the erection slaughterof slaughter-houses. A person having applied for a license, the Markets Committee inspected the site, and recommended the grant of a license. The Committee then passed a resolution to grant the license, and communicated the same to the applicant, and the resolution was confirmed by the Town Council. information having been laid against the applicant for the license for using a slaughter-house without a license, contrary to the Police Act, it was held that though it was usual afterwards to grant a formal license in a certain printed form, still the grant of a license was complete on the confirmation of the resolution and communication thereof to the applicant, and operated as a license. (1) (1) Howarth v. Manchester, 6 L. T. (N. s.) 683. Private premises. Regulation of slaughter houses. 10 & 11 Vict. C. 34, s. 127. Bye-laws and regulations. Ib. s. 128. Suspension or revocation of license. Ib. s. 129. Penalty. Ib. s. 130. To slaughter cattle on the private premises of an inhabitant of a town, under a Local Act which followed closely the language of the Markets and Fairs Clauses Act, was held to be no offence within the clause of the Act unless the cattle were slaughtered for sale as human food (1); and in another case it was held that a conviction for "using" an unlicensed slaughterhouse, under 10 & 11 Vict. c. 34, sect. 126, cannot be sustained against a person who merely pays the owner of the premises for being allowed to kill animals there. (2). A stable which formed an original portion of premises licensed as a slaughter-house for pigs, which stable was afterwards converted into another slaughtering-shed, and used for slaughtering bullocks and sheep therein, was held to be covered by the original license, and not to require a fresh license. (3) Within three months after the application of the Act, all existing slaughter-houses and knackers' yards are to be regis tered by the owner or occupier at the office of the Local Board, in a book to be kept for that purpose, and persons failing in this respect are under like penalties to those above stated. Bye-laws (which may impose pecuniary penalties on persons breaking them, not exceeding £5 for each offence, and for at continuing nuisance, 10s. per day), regulations for the licensing, registering, and inspection of slaughter-houses and knackers' yards, and preventing cruelty therein; for keeping them in a cleanly and proper state, and for removing filth at least once in every twenty-four hours, and requiring them to be provided with a sufficient supply of water, are from time to time to be made by the Local Board. The justices before whom any person is convicted of killing or dressing cattle, contrary to the provision of the Act, or of the non-observance of any bye-law or regulation of the Local Board, in addition to the penalty, may suspend the license for any period not exceeding two months; or, in the case of the owner of any registered slaughter-house or knackers' yard, may forbid, for any period not exceeding two months, the slaughtering of cattle therein. For a second or other subsequent like offence, in addition to the penalty, the justices may revoke the license, or absolutely forbid the slaughtering of cattle in the particular house or yard. In such an event, the Local Board may refuse to grant any license whatever to the person whose license has been revoked, or on account of whose default the slaughtering of cattle in any registered slaughterhouse has been forbidden. Persons slaughtering cattle in any particular slaughter-house or knackers' yard after the license is suspended or revoked, or such slaughtering is forbidden, are liable to a penalty not (1) Elias v. Nightingale, 27 L. J. M. C. 151; 4 Jur. (N. s.) 166. (2) Reg. v. Heyworth, 14 L. T. (N. S.) 600; 30 J. P. 428. (3) Brighton v. Stenning, 15 L. T. (N. S.) 567. |