exceeding £5 for each offence, and a further penalty of £5 per day on which the offence is committed after the conviction for the first offence. The inspector of nuisances, the officer of health, or any other Inspection officer, appointed by the Local Board for the purpose, may at of slaughterall reasonable times, with or without assistants, enter into and houses and butchers' inspect any building within the district kept or used for the shops. sale of butchers' meat, or for slaughtering cattle, and examine 10 & 11 Vict. any cattle or carcase deposited there; and if he find any which c. 34, s. 131. appears unfit for the food of man, he may seize and carry it Seizure of before a justice, who is forthwith to order it to be further the food of inspected and examined by competent persons. If the carcase man. food unfit for then be found to be unfit for the food of man, the justice is to Ib. Other provisions on the matters above referred to will be found in the Nuisances Removal Act, which forms the subject of another division of this work. Further, with regard to slaughter-houses, see the preceding chapter on the establishment by Local Boards of public markets. The following summary of the regulations in force in several Regulations of the principal cities on the continent is taken from the of continental Appendix to the Report of the Select Committee on the cities as to Cattle Diseases Prevention and Cattle Importation Bills, cattle. slaughtering Session 1864: 1. That all markets are under strict supervision. 2. That cattle sent to the public markets, and to the public slaughter-houses, are carefully examined by the inspectors or officers appointed for that purpose. 3. That diseased cattle are carefully kept from healthy cattle, and are either destroyed or disposed of in such way as to prevent their communicating disease to other cattle, or being sold for human food. 4. That in all large cities the slaughtering of animals is either conducted in public slaughter-houses, or is so regulated as to insure the condemnation of diseased meat. 5. That to guard the public against the mischief which arises. from the use or consumption of unwholesome meat, the animals destined for food are examined, not only before they are killed but also afterwards. The same paper gives in detail the regulations in force on this subject in different continental cities; but to insert them in this work would occupy too much space. The above summary, however, may prove useful to local authorities as suggestive of the points to which they should direct their attention, and they show that the importance of the subject is fully appreciated in continental cities by the authorities of those cities; though unfortunately it has not hitherto received that attention from Local authorities in this country which its importance demands. Very complete information as to the Abattoirs of Paris and Brussels will be found in the report compiled for the Health Committee of Liverpool by the late Mr. James Newlands, C.E., and Borough Engineer. See the House of Commons Sessional Paper, 1869, No 404. 319 CHAPTER XVI. INSPECTION OF PLACES FOR SALE OF BUTCHERS' MEAT. nuisances to THE inspector of nuisances may at all reasonable times, with or Power to without assistants, enter into and inspect any shop, building, inspector of stall, or place kept or used for the sale of butchers' meat, enter places poultry, or fish, or as a slaughter-house, and examine any used for sale animal, carcase, meat, poultry, game, flesh, or fish, which may of butchers' be therein; and in case any animal, carcase, meat, poultry, meat, etc. game, flesh or fish appear to the inspector to be intended for 11 & 12 Vict. the food of man, and to be unfit for such food it c. 63, s. 63. be seized; may and if it appear to a justice, upon the evidence of a competent person, that any such is unfit for the food of man, he shall order it to be destroyed, or to be disposed of so as to prevent its being exposed for sale or used for such food. The person to whom such animal, carcase, meat, poultry, game, flesh, or fish (seized and destroyed, or ordered to be disposed of so as to prevent its being exposed for sale or used for the food of man) belongs, or in whose custody it is found, is liable to a penalty Penalty. not exceeding 10 for every animal or carcase, fish, or piece of Ib. meat, flesh, or fish, or any poultry or game so found (that is so found and destroyed, or ordered to be disposed of as before stated), which may be recovered before two justices in the manner provided by the Act with respect to penalties the recovery whereof is not expressly provided for. The penalty is incurred in respect of each piece of meat seized and destroyed, etc.; therefore where three defendants were convicted under sect. 63 of the 11 & 12 Vict. c. 63, by four separate convictions, for exposing for sale four pieces of butchers' meat being unfit for the food of man, and a penalty of 205., with a certain sum for costs, was inflicted in each case upon each defendant, the Court held that as the convictions were good upon their face they could not inquire into the evidence adduced before the convicting justices. (1) By sect. 210 of 10 & 11 Vict. c. 34, the Railway Clauses Act, 8 Vict. c. 20 is incorporated with the Towns Improvement Act, 1847, so as to take away the right to certiorari; and a conviction under 11 and 12 Vict. c. 63, s. 63, can be removed by certiorari only where there is excess or refusal of jurisdiction on the part of the justices. (2) (1) Reg. v. Hartley, in re Over Darwen, 26 J. P. 438; S. C. in re Hartley and Others, 31 L. J. M. C. 232. (2) Reg. v. Staffordshire JJ., 16 L. T. (N. S.) 430. Offensive trades newly established to be subject to regulations of Local Board of Health. 11 & 12 Vict. c. 63, s. 64. Bye-laws. Ib. Burning bricks. CHAPTER XVII. OFFENSIVE TRADES. THE business of a blood-boiler, bone-boiler, fellmonger, slaughtcrer of cattle, horses, or animals of any description, soap-boiler, tallow-melter, tripe-boiler, or other noxious or offensive business, trade or manufacture is not to be newly established in any building or place, after the Public Health Act is applied to the district, without the consent of the Local Board; and offenders in this respect are liable for each offence to a penalty of £50, and a further penalty of 40s. for each day during which the offence is continued. The Local Board are also empowered from time to time to make bye-laws with respect to any such businesses newly established as they may think necessary and proper, in order to prevent or diminish any noxious or injurious effects of such businesses. What is the newly establishing a business within the above prohibition is illustrated by the following case :-A company, established under a local Act, erected a market in the district before the Public Health Act, 1848, was adopted, no part of the market had been previously used as a slaughter-house; but in November, 1865, the company erected slaughter houses, and the slaughtering of cattle was commenced in them, in March, 1866, the course of business being that the company permitted owners of cattle, by their own servants, to slaughter them on the company's premises, the owners using the tackle in the building, and paying 25. for each beast slaughtered. The company having been convicted under the 11 & 12 Vict. c. 63, s. 64, it was held that they "had offended against the enactment," as they, and they only, had newly established the business of a slaughterer of cattle, and no one else under the circumstances could have been convicted of the offence. (1) With regard to offensive trades, formerly it was held that although the carrying on a lawful trade may annoy another person, yet an action would not lie for the reasonable use of a lawful trade in a convenient place; and therefore that an action would not lie for burning bricks for the purpose of building houses on the land on which the burning is carried on, though the doing so causes noxious vapours to the injury of another (2); (1) Liverpool New Cattle Market Company, apps., Hodson, resp., 36 L. J. M. C. 30; L. R. 2 Q. B. 131; 8 B. & S. 184; 15 L. T. (N. S.) 354. (2) Hole v. Barlow, 4 C. B. 334 27 L. J. C. P. 207; 4 Jur. (N. S.) 1019. but this decision was overruled, and it is now settled law that Burning an action lies for a nuisance to the house or land of a person bricks. whenever, taking all the circumstances into consideration, including the nature and extent of the owner's enjoyment before the act complained of, the annoyance is sufficiently great to amount to a nuisance according to the ordinary rule of law; and this whatever the locality may be where the act complained of is done. (1) In an action against a smelting company for injuring trees and shrubs by noxious vapours, the judge at the trial directed the jury to find for the plaintiff, if the evidence satisfied them that real, sensible injury had been done to the enjoyment or value of the property by such vapours; and the jury having found for the plaintiff, on appeal from the Exchequer Chamber, (2) affirming the judgment of the Queen's Bench, (3) to the House of Lords, it was held that the judge had rightly directed the jury, and that the defendants were liable for sensible injury done to the plaintiff's property, notwithstanding that their business was an ordinary business, carried on in a proper manner, and in a neighbourhood more or less devoted to manufacturing purposes. (4) Brickmaking is not necessarily such a noxious or offensive business, trade, or manufacture, as is contemplated by sect. 64 of the 11 & 12 Vict. c. 63; (5) and the question whether brickburning is a nuisance must depend upon circumstances, and no general rule as to distance can be laid down. (6) Per Wood, V. C., whatever might have been the case formerly, when there was considerable conflict of opinion as to whether the smoke and vapour arising from brick-burning were to be considered as prejudicial to health and comfort, it was now clearly settled that the fumes of a brick-kiln, if they reached dwelling-houses, were a nuisance to the inhabitants, which this Court would restrain without requiring any scientific evidence upon the subject. (7) Where a person purchased a piece of land, about an acre in extent, situated at a distance of less than 100 yards from the house and pleasure-grounds of another person, and commenced burning bricks made out of the clay taken from the grounds so purchased, it was held that the owner of the house and grounds was entitled to an injunction to restrain such person from continuing to burn the bricks. (8) Again, a person who had contracted to supply large quan |