(Sec. 68) Penalties. tors of Gasworks, waters, &c. constructed, continued, or maintained under this Act in any Parish or Place in which there shall be no Local Board of Health, or shall wash, cleanse, throw, or cause to enter therein any Animal, Rubbish, Filth, Stuff, or Thing of any kind whatsoever, or shall cause or permit or suffer to run or be brought therein the Water of any Sink, Sewer, Drain, Engine, or Boiler, or other filthy, unwholesome, or improper Water, or shall do anything whatsoever whereby any Water belonging to the said Local Board or under their Management or Control, or whereby any Water of or contained in any such Reservoir, Conduit, Aqueduct, or other Waterworks so constructed, continued, or maintained in any such Parish or Place as aforesaid shall be fouled, shall for every such Offence forfeit a Sum not exceeding Five Pounds, and a further Sum of Twenty Shillings for each Day whilst the Offence is continued, after written Notice in that Behalf; which Penalties shall be paid Application of to the said Local Board, or, in the Case of a Parish or Place in which there shall be no Local Board of Health, to the Churchwardens and Overseers of the Poor, to be by them applied in aid of the Rate for the Relief of the Poor of such Parish or Place; and whosoever, being Proprietor of any Gasworks, or being en- And on Propriegaged or employed in the Manufacture or Supply of Gas, causes &c. fouling or suffers to be brought or to flow into any Stream, Reservoir, Conduit, Aqueduct, or Waterworks belonging to or under the Management or Control of the said Local Board, or into any Drain or Pipe communicating therewith, any Washing or other Substance produced in the Manufacture or Supply of Gas, or shall wilfully do any Act connected with the Manufacture or Supply of Gas whereby the Water in any such Stream, Reservoir, Aqueduct, or Waterworks is fouled, shall forfeit to the said Local Board for every such Offence the Sum of Two hundred Pounds, and, after the Expiration of Twenty-four Hours Notice in Writing from them in this Behalf, a further Sum of Twenty Pounds for every Day during which the Offence is continued, or during the Continuance of the Act whereby the Water is fouled; and every such Penalty shall be recoverable, with full Costs of Suit, by Action of Debt; and if any Water supplied by, belonging to, or under the Management or Control of the said Local Board be fouled in any Manner by the Gas of any such Proprietor or Person as last aforesaid, he shall forfeit to the Local Board for every such Offence a Sum not exceeding Twenty Pounds, and a further Sum not exceeding Ten Pounds for every Day whilst the Offence is continued after the Expiration of Twenty-four Hours Notice in Writing from the said Local Board in this Behalf; and for the Purpose of as- Examination of certaining whether such Water is fouled by the Gas of any such Commissioners. Proprietor or Person the said Local Board may lay open and examine any Pipes, Conduits,and Works from which the Gas is supposed Gas Pipes, &c. by (Sections 68. 69. 70.) Expenses thereof Power to Commissioners to of 9 & 10 Vict. 11 Vict. c. 61. as and Baths. to escape; provided that before beginning so to do Twenty-four Hours Notice in Writing be given to the Person to whom such Pipes, Conduits, or Works belong, or under whose Management or Control they may be, of the Time at which the Examination is intended to be made; and if upon such Examination it appear that the Water has been fouled by the Gas proceeding from or contained in the Pipes, Conduits, or Works examined, the Expenses of the Examination shall be paid and borne by the Person to whom such Pipes, Conduits, or Works belong, or under whose Management or Control they may be, and be recoverable from him in the summary Manner herein-after provided; but if it appear that the Water has not been so fouled, then such Expenses, and all Damages occasioned by the Examination, shall be paid by the said Local Board out of the General District Rates levied under this Act, and be recoverable from them in the summary Manner herein-after provided. LXIX. That the Commissioners may exercise in the Borough exercise Powers all and every or any of the Powers conferred by an Act passed in c. 74. and 10 & the Ninth and Tenth Year of the present Reign, intituled An Act to encourage the Establishment of public Baths and Washhouses, and an Act passed in the Tenth and Eleventh Year of the same Reign, to amend the same, given to Vestries, Churchwardens, and Commissioners appointed under that Act, or any of them (a.); and the Expenses of carrying this Power into execution shall be defrayed out of such Rates under this Act, and the Monies to be received, and the Income to be derived from Baths, Washhouses, and open Bathing Places, shall be carried to such Fund under this Act, as the Commissioners shall think expedient and just. And with respect to public Pleasure Grounds, be it enacted, Expenses and Income. Pleasure Section 74 of 11 & 12 Vict. c. 63. incorporated with this Act. Commissioners Public Slaughter-houses and Trades. LXX. That the Section numbered 74 of the Public Health Act, 1848, shall be incorporated herewith: LXXIV. And be it enacted, That the Local Board of Health, with the Approval of the said General Board, may provide, maintain, lay out, plant, and improve Premises for the Purpose of being used as public Walks or Pleasure Grounds, and support or contribute towards any Premises provided for such Purposes by any Person whomsoever. And the Commissioners may make Byelaws for the ordering and regulating any Pleasure Ground provided under this Act. And with respect to the Regulation of Slaughter-houses and Trades, be it enacted, (a.) These two Acts are set out at length in the App: No. 1, not being incorporated. (Sec. 71) LXXI. That the following Sections of the Public Health Act, Sections 61 to 64 1848, shall be incorporated with this Act: The Section numbered 61 of the said Act: of 11 & 12 Vict. c. 63. incorporated with this Act. Slaughter houses LXI. And be it enacted, That every Building or Place used as a Slaughter-house shall, within Three Months after this Act is applied to the District in which it is situate, or, in the Case of a to be registered. Building or Place newly used as a Slaughter-house after that Time, within Three Months after the Commencement of such User, be registered by the Owner or Occupier thereof at the Office of the said Local Board in a Book which shall be kept by such Board for that Purpose; and whosoever uses or suffers to be used any BuildPenalty for ing or Place as a Slaughter-house without its being registered as neglect &c. required by this Act, shall be liable for every such Offence to a Penalty not exceeding Five Pounds, and a further Penalty not exceeding Ten Shillings for every Day during the Continuance of the Offence after written Notice thereof from the said Local Board. Also the Section numbered 62 of the same Act: Commissioners Slaughter houses laws with respect to Slaughterral. houses in gene LXII. And be it enacted, That the Local Board of Health may from Time to Time, if they shall think fit, provide Premises for may provide the Purpose of being used as Slaughter-houses; and they shall and make Byemake Byelaws for and with respect to the Management and Charges for the Use of the Premises so provided, and with respect to the Inspection of all Slaughter-houses, and for keeping the same in a cleanly and proper State: Provided always, that nothing herein contained shall prejudice or affect the Rights, Privileges, Powers, or Authorities of any Persons incorporated by any Local Act of Parliament passed before the passing of this Act for the Purpose of making and maintaining Slaughter-houses for the Accommodation of any City, Town, Borough, or Place. Also the Section numbered 63 of the same Act: spector of Nui LXIII. (a.) And be it enacted, That the Inspector of Nuisances Power to Inmay and he is hereby empowered, at all reasonable Times, with or sances to enter without Assistants, to enter into and inspect any Shop, Building, Sale of Butcher's [a] See the 11 & 12 Vict. c. 107, section 3 (since continued periodically) by which a power to seize unwholesome meat, &c. is given to Clerks of Markets, Inspectors, Constables, Policemen, and others specially authorized in that behalf; and the ofender made liable to a penaity of £20, recoverable before two Justices under section 8. and see the case of Burnby v. Rollitt 11 Jurist 827, in the Exchequer in 1847, where the Court held that Victuallers, brewers, and other common Dealers in Victuals, who in the course of their trade sell provisions unfit for the food of man, are criminally responsible under the Statute 51, Henry 3rd, "Pillor' et Tumbrel' &c." and the Statute of Edward 1st, "De Pistoribus et Brassiatoribus et aliis Vitellariis," if they do so knowingly and probably if they even do not; and are liable civilly to the Vendee without any fraud on their part or warranty of the soundness of the thing sold; but a private person not following any of these trades, who sells an unwholesome article for food, is not liable under such circumstances. Places used for Meat, &c. N (Secs. 71. 72) Game. Offensive Trades not to be newly established without consent of Commissioners subject to General Eoard. Penalty for Commissioners may make Byelaws for such Trades. Nuisances. Sections 55 to Co of 11 & 12 Vict. Stall, or Place kept or used for the Sale of Butcher's Meat, Poultry, or Fish, or as a Slaughter-house, and to examine any Animal, Carcase, Meat, Poultry, Game, Flesh, or Fish, which may be therein; and in case any Animal, Carcase, Meat, Poultry, Game, Flesh, or Fish appear to him to be intended for the Food of Man, and to be unfit for such Food, the same may be seized; and if it appear to a Justice, upon the Evidence of a competent Person, that any such Animal, Carcase, Meat, Poultry, Game, Flesh, or Fish is unfit for the Food of Man, he shall order the same to be destroyed, or to be so disposed of as to prevent its being exposed for Sale or used for such Food; and the Person to whom such Animal, Carcase, Meat, Poultry, Game, Flesh, or Fish belongs, or in whose Custody the same is found, shall be liable to a Penalty not exceeding Ten Pounds for every Animal or Carcase, Fish, or Piece of Meat, Flesh, or Fish, or any Poultry or Game, so found, which Penalty may be recovered before Two Justices in the Manner herein-after provided with respect to Penalties the Recovery whereof is not expressly provided for. And the Provision in the said Section shall also extend to Shops and Places kept or used for the Sale of Game: Also the Section numbered 64 of the same Act. LXIV. And be it enacted, That the Business of a Blood-boiler, Boneboiler, Fell-monger, Slaughterer of Cattle, Horses, or Animals of any Description, Soap-boiler, Tallow-melter, Tripe-boiler, or other noxious or offensive Business, (a.) Trade, or Manufacture, shall not be newly established in any Building or Place, after this Act is applied to the District in which such Building or Place is situate, without the Consent of the Local Board of Health, unless the said General Board shall otherwise direct; and whosoever offends against this Enactment shall be liable for each Offence to a Penalty of Fifty Pounds, and a further Penalty of Forty Shillings for each Day during which the Offence is continued; and the said Local Board may from Time to Time make such Byelaws with respect to any such Businesses so newly established as they may think necessary and proper, in order to prevent or diminish the noxious or injurious Effects thereof. And with respect to the Prevention of Nuisances, (b.) be it enacted, LXXII. That the following Sections of the Public Health Act, e. 63. incorpo- 1848, shall be incorporated with this Act: rated with this Act. (a.) See Note to Sec. 107 of the Towns Improvement Clauses Act, incorporated by Section 73 post, p. 103 as to the Laws relating to noxious or offensive trades, &c. (b) See the Nuisances Removal Acts, app. No. 3, especially Section 1 of the 1st Act. These Acts give additional powers for abating Nuisances. So much of the Section numbered 55 of the said Act as relates to Byelaws with respect to the Removal of Refuse, and cleaning and emptying Waterclosets, Privies, and Cesspools: * * LV. And be it enacted, That the Local Board of Health (a) Also the Section numbered 56 of the said Act: (Section 72.) Bye-laws for removal of Dust, &c may provide posit of Dust, LVI. And be it enacted, That the Local Board of Health may, in Commissio ers their Discretion, provide, in proper and convenient Situations, Places for DeBoxes or other Conveniences for the temporary Deposit and Col- Soil, &c. lection of Dust, Ashes, and Rubbish, and also fit Buildings and Places for the Deposit of the Sewage, Soil, Dung, Filth, Ashes, Dust, and Rubbish collected by such Board; and all Sewage, Soil, Sale of Soi, &c. Dung, Filth, Ashes, Dust, and Rubbish so collected by the said Local Board, or in any Convenience provided as aforesaid, shall be vested in and be sold and disposed of by such Board, and the Proceeds thereof shall be carried to the District Fund Account herein-after mentioned; and whosoever, without the Consent of the Penalty for removal, &c. said Local Board, collects or removes any Sewage, Soil, Dung, Filth, Ashes, Dust, or Rubbish belonging to them, shall for every such Offence be liable to a Penalty not exceeding Forty Shillings. Also the Section numbered 57 of the said Act: saries. LVII. And be it enacted, That the Local Board of Health may, if Public Neoesthey think fit, provide and maintain, in proper and convenient Situations, Waterclosets, Privies, and other similar Conveniences for public Accommodation, and defray the necessary Expenses out of the District Rates to be levied under this Act. Also the Section numbered 58 of the said Act: Offensive &c. to be LVIII. (b.) And be it enacted, That the Local Board of Health shall drain, cleanse, cover, or fill up, or cause to be drained, cleansed, Ditches, Drains, covered, or filled up, all Ponds, Pools, open Ditches, Sewers, cleansed or Drains, and Places containing or used for the Collection of any (a.) The remainder of this Section is incorporated by Section 52, ante, p. 68. (b.) See the 6th and 7th Sections of the Nuisances Removal Act post app. No. 3 in connection with the directions of this Section, and Sec. 117 of the Public Health Act, (Sec. 56 ante p. 71) making the Commissioners execute the Office of Surveyor of the Highways. covered, by Owners and Occupiers. |