and of any articles therein likely to retain infection, would tend to V. Nuisances prevent or check infectious or contagious disease, it shall be Removal Acts. the duty of the nuisance authority to give notice in writing 29 & 30 Vict. requiring the owner or occupier of such house or part thereof to cleanse and disinfect the same as the case may require-- [Penalty for non-compliance within the time specified not less than 1s. and not exc. 10s. a day (y); and the nuisance authority may cleanse and disinfect, and may recover expenses from the occupier summarily. When the owner or occupier is from poverty or otherwise unable, such authority may, with his consent, at its own expense, cleanse and disinfect.] c. 90. fection. 23. The nuisance authority (z) in each district may provide a Means of disinproper place, with all necessary apparatus and attendance, for the disinfection of woollen articles, clothing, or bedding which have become infected, and they may cause any articles brought for disinfection to be disinfected free of charge. 24. It shall be lawful at all times for the nuisance au- Carriages for infected persons. thority (z) to provide and maintain a carriage or carriages suitable for the conveyance of persons suffering under any contagious or infectious disease, and to pay the expense of conveying any person therein to a hospital or place for the reception of the sick or to his own home. entering public 25. If any person suffering from any dangerous infectious Infected persons disorder shall enter any public conveyance without previously conveyance withnotifying to the owner or driver thereof that he is so suffer- out notice. ing [Penalty not exc. £5, and to pay the losses and expenses (a). And no owner s. 38. or driver shall be required to convey such person until paid sufficient for losses and expenses.] infected sick 26. [Where a hospital or place for the sick is provided within Removal of the district, any justice may, with the consent of the super- persons (b). intending body, by order on a certificate signed by a legally qualified medical practitioner, direct the removal there, at the cost of the nuisance authority (z), of any person suffering from any dangerous contagious or infectious disorder, being without (y) Procedure (s. 54, under 11 & 12 Vict. c. 43; and see note (r), supra, and Procedure in note (u), ante, p. 682).-Within 6 months; 2 justices. Penalties enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appe il, none. It is not necessary under this section to prove that the smoke was injurious to health (Gaskell v. Bayley, 38 J. P. 293; 30 L. T. N. S. 516). (*) Now the sanitary authorities, under 35 & 36 Vict. c. 79, ss. 7, 8, supra. (a) Procedure.-As in note (y), supra; 1 justice (s. 25). (b) The local government board may by order declare any hospital within a convenient distance of the district of any sanitary authority to be deemed within the district for this purpose. The justice's order may be addressed to any police or other officer;-Penalty, for disobeying or obstructing its execution, not exc. £10, recoverable as in note (y), supra (37 & 38 Vict. c. 89, s. 51). V. Nuisances proper accommodation, or lodged in a room occupied by more Removal Acts. than one family, or on any ship or vessel.] 29 & 30 Vict. c. 90. Removal of infectious dead bodies. Places for postmortem examinations. Removal of sick persons from ships. District of nuisance authority for ships. ships. 27. [Any nuisance authority (e) may provide a proper place for dead bodies, and where any dead body of one who has died of infectious disease is retained in a room in which persons live or sleep, or any dead body in such a state as to endanger health is retained in such house or room, any justice may, on a certificate signed by a legally qualified medical practitioner, order the body to be removed to such place at the cost of the nuisance authority (c), and direct the same to be buried within a time limited; and unless the friends or relations undertake and do bury the body within such time, the relieving officer shall bury it at the expense of the poor rate, to be recovered summarily from any person legally liable (d).] 28. [Any nuisance authority (c) may provide a proper place (not at a workhouse or mortuary house herein-before provided for) for dead bodies for post-mortem examination ordered by the coroner or other constituted authority, and may make regulations for such place; and any coroner or other constituted authority may order the removal and re-removal of the body; the costs to be paid as costs for post-mortem examinations when ordered by the coroner.] 29. [Any nuisance authority (c) may, with the sanction of the Privy Council, lay down rules for the removal to, and keeping in hospital persons brought within their district by any ship or boat infected with a dangerous and infectious disorder, and may impose any penalty not exc. £5 for offences against the same (d).] 30. Any ship or boat not within the district of a nuisance authority (c) shall be deemed to be within the district of such nuisance authority as may be prescribed by the Privy Council (e), and until so prescribed then of the nearest nuisance authority measured in a straight line, but nothing in this Act shall affect boats not in British waters.] 31. [Entry, see 18 & 19 Vict. c. 121, s. 11, supra, p. 680.] Jurisdiction as to 32. [Any ship lying in any water shall be subject to the jurisdiction of the nuisance authority (c) of the district within which such water is, and be within the Nuisances Removal Acts, as if it were a house, and the master or officer in charge shall be deemed the occupier; this shall not apply to Her Majesty's or any foreign government ships.] 33. [Expences, see 35 & 36 Vict. c. 79, ss. 16-19.] 35, 36. [Lodging-houses; see also 37 & 38 Vict. c. 89, s. 47, 49.] (e) Now the sanitary authorities, under 35 & 36 Vict. c. 79, ss. 7, 8, supra. (d) Procedure.-As in note (y), ante, p. 689. (e) Now the local government board, under 34 & 35 Vict. c. 70. 37. [Power to provide hospitals.] V. Nuisances 29 & 30 Vict. c. 90. Infected person exposing himself; causing exposure. 38. Any person suffering from any dangerous infectious dis- Removal Acts. order who wilfully exposes himself, without proper precaution against spreading the said disorder, in any street, public place, or public conveyance, and any person in charge of one so suffering who so exposes the sufferer,-and any owner or driver of a public conveyance who does not immediately provide for s. 25. the disinfection of his conveyance after it has, with the knowledge of such owner or driver, conveyed any such sufferer,—and s. 23. any person who without previous disinfection gives, lends, sells, transmits, or exposes any bedding, clothing, rags, or other things which have been exposed to infection from such disorders [Penalty not exc. £5 (f): not to apply to persons transmitting with proper precautions any things to be disinfected.] infected. 39. If any person knowingly lets any house, room, or part of Letting houses a house in which any person suffering from any dangerous infectious disorder has been to any other person without having such house, room, or part of a house, and all articles therein liable to retain infection, disinfected to the satisfaction of a qualified medical practitioner as testified by a certificate given by him [Penalty not exc. £20 (g). The keeper of an inn shall be deemed to let part of a house to any person admitted as a guest.] 40. [Joint authority of guardians, see now 35 & 36 Vict. c. 79, supra.] 41-44. [Lodging-houses; extension of 11 & 12 Vict. c. 63; Baths and Wash-houses Acts may be adopted.] 45. If any person wilfully damages any works or property Damage of works. belonging to any local board, sewer authority, or nuisance authority (h) [Penalty not exc. £5 (y).] 46-51. [Sanitary authority (h); sewers; penalties.] 52. [Vessels having on board any person affected with a Vessels liable to dangerous or infectious disorder shall be liable to quarantine quarantine. within 6 Geo. 4, c. 78; and the Privy Council (i) may, by order, make regulations to be published in the London Gazette, (such publication shall be conclusive evidence of such order); expenses incurred shall be deemed incurred under the Nuisances Removal Acts Penalty for breach of rules not exc. £50 (35 & 36 Vict. c. 79, s. 52) (g).] 53. Where notice has been given by the nuisance authority, Periodical or their officer or officers, for the periodical removal of manure or other refuse matter from mews, stables, or other premises (f) Procedure. As in note (y), ante, p. 689; 1 justice (s. 38). (g) Procedure.-See note (y), ante, p. 689. (h) Now the sanitary authorities, under 35 & 36 Vict. c. 79, ss. 7, 8, supra. () Now the local government board, under 34 & 35 Vict. c. 70. removal of V. Nuisances (whether such notice shall be by public announcement in the Removal Acts. locality or otherwise), and subsequent to such notice the per29 & 30 Vict. son or persons to whom the manure or other refuse matter c. 90. Improper titles. Actuary, &c. receiving deposits and not paying over same to managers. belongs shall not so remove the same, or shall permit a further accumulation, and shall not continue such periodical removal at such intervals as the nuisance authority (1), or their officer or officers, shall direct [Penalty 20s. each day such matter is permitted to accumulate (m).] Savings Banks. 26 & 27 VICT. c. 87. 5. Every savings bank established or to be established . . shall be certified under the provisions of this Act by the title of "Savings Bank certified under the Act of 1863;" and if any other bank, association, or company, or any other person shall use or adopt such title as their or his designation, or in carrying on business, the members of such association or company, or any of them, or any such person respectively, shall be guilty of a Misdemeanor (n). in 9. [If any actuary, cashier, secretary, officer, or other person any savings bank, shall receive any sum or sums of money on deposit, or on account of the savings bank, and shall not forthwith, or in the case of local receivers acting on behalf of any savings bank within the time specified in the rules of the said savings bank,--duly account for and pay over the same to such person as may be directed by the rules of the savings bank, he shall be guilty of a Misdemeanor (n).] Seditious Meetings. See "COMBINATIONS AND CONFEDERACIES," and " OATHS," ante. Slander. Slander is not cognizable before magistrates, except the words used directly tend to a breach of the peace, as if one man challenge another; in such a case a party may be bound to the good behaviour (o), and even indicted (p). (1) Now the sanitary authorities, under 35 & 36 Vict. c. 79, ss. 7, 8, supra. (m) Procedure.-See note (y), ante, p. 689. (n) Triable at Sessions. Bail Compulsory. No Costs. (0) R. v. Wrightson, 2 Salk. 698. (p) R. v. Langley, 2 Salk. 697. The Committal would be to Sessions. Bail Compulsory. No Costs. Slaughter-houses. 26 GEO. 3, c. 71; 7 & 8 VICT. c. 87; 12 & 13 VICT. c. 92. 1. [No person shall keep or use any house for slaughtering any 26 Geo. 3, c.71. horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, Licences. calf, sheep, hog, goat, or other cattle not killed for butchers' meat, without a licence from the quarter sessions (q), granted on a certificate from the minister and churchwardens or overseers, or from the minister and two householders (r). The widow may carry on the business until the next sessions.] house. 2. [Such licences are to be signed by the justices and entered Name, &c. to be in a book. The licencee is to affix to his house the words affixed over "Licensed for slaughtering horses, pursuant to an Act passed in the twenty-sixth year of His Majesty King George the Third "Penalty not exc. £5 a day (12 & 13 Vict. c. 92, s. 7) (8).] 3. [Six hours' notice before slaughtering or flaying any such Notice, &c. cattle shall be given to the inspector, that he may take an account and description of such cattle. No cattle shall be Hours of slaughtered or flayed but between 8 A.M. and 4 P.M. from October slaughtering. to March, and 6 A.M. and 8 P.м. during the other months (r).] kept. 4. [Slaughterers shall enter in a book the name, address, and Particulars to be profession of the owners of, as well as of the persons bringing, cattle for slaughter, with the reason why it is brought; such book to be open at all times to the inspector and to be produced before any justice when required (†).] 5. Vestry shall appoint annually, or oftener, an inspector for Inspectors (u): slaughtering-houses. Inspector or his servant shall attend on duty of, notice and enter in a book such account and description as aforesaid, for which entry licencee to pay 6d. Any person may search such book on paying 6d. The inspector shall affix over door "Inspector of houses and places for slaughtering horses;" if on examination he has reason to believe, or is of opinion, that any cattle is sound and serviceable, or has been unlawfully come by, he is to prohibit (r) the slaughtering for not exceeding 8 days, and () No horse slaughterer is to be licensed as a horse dealer (12 & 13 Vict. c. 92, s. 11). These are to be annual licences (7 & 8 Vict. c. 87, s. 1) and may be cancelled (Id. s. 2). This Act is not to apply to curriers killing any distempered or aged, or purchasing any dead cattle for the purpose of curing the hides, or to persons killing their own cattle or purchasing dead cattle to feed dogs (s. 14, and see s. 15). (r) Persons slaughtering without a licence, or during prohibited hours,— or after prohibition by the inspector, or without giving notice, are guilty of Felony (s. 8). Triable at Sessions. Bail Discretionary. Costs allowed. ($) Procedure.-As in note (g), infra, p. 696. (t) Contravening this section is a Misdemeanor (s. 9). Bail Compulsory. No Costs. Triable at Sessions. (u) Neglect or violation of duty by inspectors, see 7 & 8 Vict. c. 87, s. 5, infra, p. 695. |