Appendix , 11 & 12 Vic. c. 123. for putting in force the Provisions of this Act relative to the Prevention of epidemic Diseases, &c. After Order by midable epidemic, endemic, or contagious Disease, Measures of Precaution should be taken with Promptitude, according to the Exigency of the Case Be it therefore enacted, That in Great Britain the Lords and others of Her Majesty's Most Honourable Privy Council, or any Three or more of them, (the Lord President of the Council, or One of Her Majesty's Principal Secretaries of State, being One,) and in Ireland the Lord Lieutenant or other Chief Governor or Governors and Privy Council of Ireland, may, by Order or Orders to be by them from Time to Time made, direct that the Provisions hereinafter contained for the Prevention of epidemic, endemic, and contagious Diseases be put in force in Great Britain and Ireland respectively, or in such Parts thereof or in such Places therein respectively as in such Order or Orders respectively may be expressed, and may from Time to Time, as to all or any of the Parts or Places to which any such Order or Orders may extend, and in like Manner, revoke or renew any such Order, and, subject to Revocation and Renewal as aforesaid, every such Order shall be in force for Six Calendar Months, or for such shorter Period as in such Order shall be expressed. X. And be it enacted, That from Time to Time after the issuing of any such Order as last aforesaid, and whilst the same shall continue in of Health, &c. force, the General Board of Health (in Great Britain), under the Seal may issue Directions and of the said Board, and the Hands of Two or more Members thereof, and in Ireland the Commissioners of Health for the Time being, under the Hands of Two or more of them, may issue such Directions and Regulations as the said Board or last-mentioned Commissioners (as the Case may be) shall think fit, for the Prevention, as far as possible, or Mitigation, of such epidemic, endemic, or contagious Diseases, and from Time to Time, in like Manner, revoke, renew, and alter any such Directions or Regulations, or substitute such new Directions and Regulations as to the said Board or last-mentioned Commissioners may appear expedient; and the said Board or last-mentioned Commissioners, as the Case may be, may by such Directions and Regulations provide for the frequent and effectual cleansing of Streets and public Ways and Places by the Surveyors, District or Assistant Surveyors of Highways, Trustees, County Surveyors, and others by Law intrusted with the Care and Management thereof, or by the Owners and Occupiers of Houses and Tenements adjoining thereto, and for the cleansing, purifying, ventilating, and disinfecting of Houses, Dwellings, Churches, Buildings, and Places of Assembly, by the Owners or Occupiers and Persons having the Care and ordering thereof, for the Removal of Nuisances, for the speedy Interment of the Dead, and generally for preventing or mitigating such epidemic, endemic, or contagious Diseases, in such Manner as to the said Board or last-mentioned Commissioners, (as the Case may be,) may seem expedient; and the said Board or last-mentioned Commissioners may by any such Directions and Regulations Appendix c. 123. authorize and require the Guardians of the Poor in England and Ireland, No. 3. and the Parochial Boards for the Management of the Poor in Scotland, 11 & 12 Vic. by themselves or their Officers, or any Persons employed by them in the Administration of the Laws for the Relief of the Poor, or by Officers specially appointed in this Behalf, to superintend and see to the Execution of any such Directions and Regulations, and (where it shall appear that there may be Default or Delay in the Execution thereof, by Want or Neglect of such Surveyors, Trustees, or others intrusted as aforesaid, or by reason of Poverty of Occupiers, or otherwise,) to execute or aid in executing the same within their respective Unions and Parishes and Combinations, and in any extra-parochial Places adjoining to or surrounded by the same in which the Directions and Regulations of the said Board or last-mentioned Commissioners shall not be executed by the Inhabitants, and to provide for the dispensing of Medicines, and for affording to Persons afflicted by or threatened with such epidemic, endemic, or contagious Diseases such Medical Aid as may be required, and to do and provide all such Acts, Matters, and Things as may be necessary for superintending or aiding in the Execution of such Directions and Regulations, or for executing the same, as the Case may require; and the Directions and Regulations to be issued as aforesaid shall extend to all Parts or Places in which the Provisions of this Act for the Prevention of epidemic, endemic, or contagious Diseases shall for the Time being be put in force under such Orders as aforesaid, unless such Directions and Regulations shall be expressly confined to some of such Parts or Places, and then to such Parts or Places as in such Directions and Regulations shall be specified, and (subject to the Power of Revocation and Alteration herein contained) shall continue in force so long as the said Provisions of this Act shall be in force, under such Orders, in the Parts or Places to which such Directions and Regulations shall under this Provision extend: Provided always, that if at any Time in Ireland there shall not be any Commissioners of Health the Lord Lieutenant or other Chief Governor or Governors of Ireland, by his or their Warrants, may appoint so many Persons as he or they may think fit, not being more in Number than Five, to act as Commissioners of Health in Ireland, without Salary, Fee, or Reward, and may from Time to Time remove any of such Commissioners, and appoint any other Person in his Stead; and such Commissioners shall for all Purposes be Commissioners of Health in Ireland within the Meaning and for the Purposes of this Act. XI. And be it enacted, That Her Majesty may from Time to Time, during the Continuance of any Order of Her Majesty's Privy Council or of any Members thereof as aforesaid, by Warrant under the Royal Sign Manual, appoint, in addition to the Members for the Time being of the General Board of Health, One fit Person to be a Medical Member of such Board for the Purposes of this Act, and Her Majesty may, at Her One Medical Member of of Health may be appointed. Appendix Pleasure, remove any Person so appointed; and there shall be paid to 11 12 Vic. the Person or Persons so appointed such Allowance or Allowances as c. 123. shall be appointed by the Commissioners of Her Majesty's Treasury, Treasury to pay out of any Monies which may from Time to Time be appointed by Parliament for that Purpose. Allowances ap pointed by Parliament. Poor Law Com missioners, &c. may compel Guardians, &c. to execute Regulations and Directions of the General Board of Health, &c. Power of Entry for the Purpose enforcing Regulations of the General &c. XII. And be it enacted, That the Commissioners for administering the Laws for the Relief of the Poor in England and Ireland respectively, and the Board of Supervision established under the said Act for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland, may require the Officers and Persons acting under them to enquire into, superintend, and report on the Execution of the Directions and Regulations of the General Board of Health, or Commissioners of Health, as the Case may be, under this Act, and shall have the same Powers for enforcing and directing the Execution of such Directions and Regulations by the said Guardians and Parochial Boards respectively as they now or may hereafter have in relation to any Matter concerning the Administration of the Laws for the Relief of the Poor. XIII. And be it enacted, That the said Guardians and Parochial Boards acting in the Execution of any such Directions or Regulations as aforesaid, or the Officers or Persons by them in this Behalf authoBoard of Health, rized, at reasonable Times in the Daytime, may and they are hereby empowered to enter and inspect any Dwelling or Place, if there be Ground for believing that any Person may have recently died of any such epidemic, endemic, or contagious Disease in any such Dwelling or Place, or that there is any Filth or other Matter dangerous to Health therein or thereupon, or that Necessity may otherwise exist for execu. ting, in relation to the Premises, all or any of such Directions and Regulations as aforesaid. Expenses of XIV. And be it enacted, That the said Guardians and Parochial Boards may appoint or employ, for the Superintendence and Execution Poor Rate, &c. of the said Directions and Regulations, Officers or Persons in aid of the to be paid out of Officers or Persons employed in the Administration of the Laws for the Relief of the Poor; and such Guardians and Parochial Boards respectively shall defray the Expenses incurred by them respectively in the Superintendence and Execution of such Directions and Regulations out of the Funds of their respective Unions, Parishes, or Combinations; and if any such Expenses shall have been incurred on account or in respect of any extra-parochial Place in England or Ireland, the same shall, upon an Order in Writing specifying the Sum to be paid, under the Hands and Seals of Two Justices, who are hereby empowered to make such Order, upon proper Application in this Behalf, be paid or defrayed out of any public Rates or Funds raised therein or applicable thereto under the Authority of Parliament, or in case there be no such Appendix No. 3. 11 & 12 Vic. c. 123. Rates or Funds as last aforesaid, then out of the Funds of the Union or Parish for which the Guardians by whom the Expenses have been incurred act; and in case any such Expenses shall have been incurred on account or in respect of any Parish in Scotland in which it shall happen that there is not at the Time an Assessment for the Relief of the Poor imposed or levied, then the same shall be paid or defrayed out of an Assessment to be imposed and levied for that Purpose, and to the Extent necessary, under and in the Manner provided by the said Act 9 & 9 Vict. c. 83. for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland. rections, and be laid before to be gazetted, XV. And be it enacted, That every Order of Her Majesty's Privy Orders, DiCouncil, or of the Lord Lieutenant and Privy Council of Ireland, and Regulations to every Direction and Regulation of the said General Board of Health or Parliament, and Commissioners of Health under this Act, shall, forthwith upon the &c. issuing thereof, be laid before both Houses of Parliament, if Parliament be then sitting, and if not then within Fourteen Days next after the Commencement of the then next Session of Parliament; and every such Order of Her Majesty's Privy Council, or any Members thereof, as aforesaid, shall be certified under the Hand of the Clerk in Ordinary of Her Majesty's Privy Council, and shall be published in the London Gazette, and every such Order of the Lord Lieutenant and Privy Council of Ireland shall be certified under the Hand of One of the Clerks of the Privy Council of Ireland, and shall be published in the Dublin Gazette; and every such Direction and Regulation as aforesaid, when issued in Great Britain shall be published in the London Gazette and in the Edinburgh Gazette, and when issued in Ireland, in the Dublin Gazette; and such Publication of any such Order, Direction, or Regulation shall be conclusive Evidence of the Order, Direction, or Regulation so published, to all Intents and Purposes. Penalties for cution of this Act. XVI. And be it enacted, That whosoever shall wilfully obstruct any Person acting under the Authority or employed in the Execution obstructing Exeof this Act, or who shall wilfully violate any Direction or Regulation issued by the General Board of Health, or such Commissioners of Health as aforesaid, under this Act, shall be liable for every such Offence to a Penalty not exceeding Five Pounds; and if the Occupier of any Premises prevent the Owner thereof from obeying or carrying into effect the Provisions of this Act, any Justice, or in Scotland the Sheriff or any Justice, to whom Application is made in this Behalf, shall by Order in Writing (which may be according to the Form contained in the Schedule (D.) to this Act annexed, or to the like Effect,) require such Occupier to permit the Execution of the Works required to be executed, provided that such Works appear to such Sheriff or Justice to be necessary for the Purpose of obeying or carrying into effect the Provisions of this Act; and if within a reasonable Time after Appendix No. 3. the making of such Order the Occupier against whom it is made refuse 11 & 12 Vic. to comply therewith, he shall be liable to a Penalty not exceeding c. 123. Five Pounds for every Day afterwards during the Continuance of such Refusal. Recovery of land. XVII. And be it enacted, That Penalties imposed by this Act for England or Ire- Offences committed in England or Ireland may be recovered by any Person before any Two Justices, and may be levied by Distress and Sale of the Goods and Chattels of the Offender, together with the Costs of such Distress and Sale, by Warrant under the Hands and Seals of the Justices before whom the same shall be recovered, or any other Two Justices; and in case it shall appear to the Satisfaction of such Justices, before or after the issuing of such Warrant, either by the Confession of the Offender or otherwise, that he hath not Goods and Chattels within their Jurisdiction sufficient to satisfy the Amount, they may commit him to any Gaol or House of Correction for any Time not exceeding Fourteen Days, unless the Amount be sooner paid, in the same Manner as if a Warrant of Distress had issued and a Return of And in Scotland. Nulla bona been made thereon; and Penalties imposed by this Act for Offences in Scotland may be recovered by the Procurator Fiscal of the Court, or by any other Person, before the Sheriff or Two Justices, who may proceed in a summary Way, and grant Warrant for bringing the Parties complained upon immediately before him or them, and on Proof on Oath by One or more credible Witness or Witnesses, or other legal Evidence, he or they may forthwith determine and give Judgment, without any written Pleadings or Record of Evidence, and grant Warrant for the Recovery of the Penalties and Expenses decerned for, and, failing Payment within Eight Days after Conviction, by Poinding, and Imprisonment for a Period, at the Discretion of the Sheriff or Justices, not exceeding Fourteen Days; and all Penalties whatsoever recovered under this Act shall be paid to or (as the Case may require) be retained by the Guardians of the Poor, or, in Scotland, the Parochial Board for the Management of the Poor, and shall be by them applied in aid of the Rates or Funds for the Relief of the Poor of the Parish, Electoral Division, or Place in which the Penalties may have been incurred. Application of One or more of several joint cupiers may be proceeded against alone. XVIII. And be it enacted, That in case of any Demand or ComOwners or Oc plaint under this Act to which Two or more Owners or Occupiers of Premises may be jointly answerable, it shall be sufficient to proceed against any One or more of them, without in any Manner proceeding against the others or other of them; but nothing herein contained shall prevent the Parties so proceeded against from recovering Contribution in any Case in which they would now be entitled to Contribution by Law. Unnecessary to describe XIX. And be it enacted, That wherever in any Proceeding under Owner or Occu- this Act, whether written or otherwise, it shall become necessary to pier by Name in certain CaseS, |