thereof to whitewash, cleanse, or purify the same, as the case may require (I);

And if the person to whom notice is so given fail to comply therewith within such time as shall be specified in the said notice, he shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default;

And the said local board may, if they shall think fit, cause such house, building, or part thereof, to be whitewashed, cleansed, or purified, and the expenses incurred by them in so doing shall be repaid by the owner or occupier in default, and be recoverable from either of them in the summary manner hereinafter provided (m).

Slaughter- [LXI. ** And be it enacted (n), that every houses to be registered. building or place used as a slaughter-house (0) shall

within three months after this Act is applied to the district in which it is situate, or, in the case of a 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 building or place as a slaughter-house without its being registered as required by this Act, shall be liable for every such offence to a penalty not ex

(1) Provisions to meet this grievance are contained in the Nuisances Removal Act of 1855, which, however, requires an order of justices to enforce the removal of the nuisance.

(m) See notes on sect. 49, ante, and as to the recovery, sect. 129, post.

(n) Repealed by 21 & 22 Vict. c. 98, s. 48,-sect. 45, containing provisions applicable to slaughter-houses.

(o) See the interpretation of this word in sect. 2, ante.

laws with respect to

ceeding 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. **1

LXII. And be it enacted (P), that the local board Local board of health

may from time to time, if they shall think slaughterfit, provide premises for the purpose of being used make byeas slaughter-houses;

[** (2) And they shall make byelaws (r) for and Slaughterwith respect to the management and charges for the general. use of the premises so reported, and with respect to the inspection of all slaughter-houses, and for keeping the same in a cleanly and proper state (7):**]

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 (s).

LXIII. And be it enacted (t), that the inspector Power to of nuisances may and he is hereby empowered, at

inspector of all reasonable times (u), with or without assistants, enter Polacere to enter into and inspect any shop, building, stall, of butcher's or place kept or used for the sale of butcher's meat,

nuisances to

meat, &c.

(p) The 21 & 22 Vict. c. 98, s. 45, post, incorporates the provisions of the Towns Improvement Clauses Act, 1847, regarding slaughter-houses, as to which see Appendix. (9) Repealed by 21 & 22 Vict. c. 89, s. 48, for the future.

See sect. 115, post, as to the byelaws of the board. (8) See also the saving contained in 21 & 22 Vict. c. 98, s. 50, post, which extends to persons and other companies than those mentioned above.

(t) See also the Nuisances Removal Act, 1855, sect. 26, and the authority given for the inspection of slaughter-houses by 10 & 11 Vict, c. 34, s. 131, both in the Appendix. (u) No previous notice is required to be given; indeed if

poultry, or fish, or as a slaughter-house, and to examine any animal, carcase, meat, poultry, game, flesh, or fish (9) 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 (1) 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 (i), 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 man

it were so, the object of the search would often be defeated, as the corrupted articles might be removed.

(9) The 18 & 19 Vict. c. 121, s. 26, extends to fruit, vegetables, corn, bread, or flour, and describes all the articles as exposed for sale or in preparation for sale or use, or landed from any vessel in any port. The language of the text above is quite general. The 10 & 11 Vict. c. 14, s. 15, also provides for the seizure of unwholesome meat and other articles ex. posed for sale in market places and fairs.

(h) The inspector must be careful not to seize any articles which cannot be brought within the above description ; moreover, he cannot deal with any article when seized until he obtains an order of a justice.

(1) Some question may arise in regard to the ownership of some of these articles, because they may have been sold though not delivered. Hence proceedings may be taken against the person having the custody. Guilty knowledge on the part of the person proceeded against must be proved, or at least if it be disproved, the penalty cannot, it is presumed, be enforced.

ner hereinafter provided with respect to penalties the recovery whereof is not expressly provided

for (k).

trades newly
to be subject

LXIV. And be it enacted, that the business of a Offensive blood-boiler, bone-boiler, fellmonger, slaughterer of cattle, horses, or animals of any description, soap- to regulaboiler, tallow-melter, tripe-boiler, or other noxious tion of local or offensive business, trade, or manufacture, shall health. 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 (m) shall otherwise direct ;)

And whosoever offends (n) 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 ();

(k) See sect. 129, post. The 10 & 11 Vict. c. 34, s. 131, imposes a penalty upon the owner of the slaughter-house who obstructs the inspector.

(1) See in sect. 149, post, how the consent is to be given.

(m) Their direction cannot henceforth be given. See 21 & 22 Vict. c. 98, s. 8. See 18 & 19 Vict. c. 121, s. 27, in Appendix, as to noxious trades.

(n) The offence would be committed by the establishment of the business, i.e., by the beginning to work, but not by the mere erection of the building or premises. But notice of the objection to the establishment of the business should be given as soon as possible.

It is well to refer to the late cases of Walker v. Selfe, 20 L. J. R., Ch. 633; and Hole v. Barlow, 22 Jur. 1019, in which it is held that the exercise of a lawful trade in a proper and convenient place is justifiable though it be a private nuisance to a neighbour, but if the place be not convenient, and there be a nuisance to the neighbour, the continuance of the trade will be prevented by the Court of Chancery.

(0) See in sect. 129, post, the provision for the recovery of penalties. The continuance must refer to the conviction.

And the said local board may from time to time make such byelaws (a) 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.

Common lodging

Act not to LXV. And be it declared and enacted, that affect present law as to nothing in this Act shall be construed to render nuisances.

lawful any act, matter, or thing whatsoever which but for this Act would be deemed to be a nuisance, nor to exempt any person from any liability, prosecution, or punishment to which he would have been otherwise subject in respect thereof.

LXVI. And be it enacted, that it shall not be houses to be lawful to keep any common lodging house unless registered.

the same be registered as next hereinafter mentioned (b); and the local board of health shall cause a register to be kept in which shall be entered the name of every person applying to register any common lodging house kept by him, and the situation of every such house;

And the said local board shall from time to time make byelaws (a) for fixing the number of lodgers who may be received into each house so registered, for promoting cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restrictions under which such inspection may be made;

(a) See sect. 115, post, as to byelaws, and sect. 129, post, as to the enforcing thereof.

(6) See the provisions of 14 & 15 Vict. c. 28, and 16 & 17 Vict. c. 41, regarding common lodging houses, in the Appendix. Neither in those statutes nor elsewhere is there any definition of "a common lodging house." See Mr. Fry's note on p. 21 of his edition of the Lodging Houses Acts. But 10 & 11 Vict. c. 34, s. 116, contains a definition of a public lodging house. See Appendix, p. 382.

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