A.D. 1875 hour after the close of the market, another toll shall become due in respect of the cattle so omitted to be removed. Stallages, tolls, &c, may be varied from time to time. 10 & 11 Vict. c. 14 s. 36.-The Local Board may from time to time change the stallages, rents, and tolls to be taken in respect of the market or for the slaughter-houses, or for weighing and measuring provided that the stallages, rents, and tolls in no case exceed the amounts authorized by the special Act. Penalty on taking unauthorized tolls. 10 & 11 Vict. c. 14, s. 37.-Every person who shall demand or receive a greater toll than that authorized to be taken, shall for every such offence be liable to a penalty not exceeding 408. In a case where an offender was charged un ler a Local Act with selling goods within the limits of a market without a license or having paid the toll, it was held that the offence was not to be condoned by the offender paying the toll, but he was still liable to the penalty. Carter v: Parkhouse, 34 J. P. 438; 22 L. T. (N. s.) 788. Recovery of tolls by distress, &c. 10 & 11 Vict. c. 14, s. 38.-If any person liable to the payment of any stallage, rent, or toll do not pay the same when demanded, the Local Board or their lessee, or any person authorized by the Board or their lessee to collect the same, may levy the same by distress of all or any of the cattle or other articles in respect of which such stallage, rent, or toll is payable, or of any other cattle or other articles in the market belonging to the person liable to pay such stallage, rent, or toll, or under his charge, or such tolls may be recovered in any Court having competent jurisdiction. Disputes respecting tolls, how to be settled. 10 & 11 Vict. c. 14, s. 39.If any dispute arise concerning any such stallage, rent, or toll, such dispute shall be determined by a justice, and such justice shall, on application made to him, determine the same, and make such order therein, and award such costs to either party, as to him shall seem proper: in default of payment, on demand, of the money which shall be so awarded, and of the costs, the same shall be forthwith levied by distress, and the justice shall issue his warrant accordingly. In the case of the Mayor of Swindon v. Panton, 27 L. T. (N. s.) 578, an attempt was made to claim "stallage" in a market without supplying stalls. There is a market at Swindon for beasts, and, of course, a general place in which the beasts stand, and the defendant had his beasts there for sale. In this, toll is due for beasts or other things actually sold in the market. But the corporation, as the owner of the market, claimed in respect of beasts not sold. This they could only do in respect of “stallage," but the claim was resisted on the ground that there were no stalls; and the question was whether stallage was due. On this point Bosworth's Anglo Saxon Dictionary "stall," and Spelman's Glossary "stallangiston," were cited, and these defined stallage as a remuneration for a stall or booth. The court were quite clear that the claim could not be sustined, and cited a case of the Mayor of Northampton v. Ward, 2 Stra. 1238, decided in the reign of George II., in which it had been so hell, and gave judgment for the defendant." Penalty for obstructing collector of rents, &c. 10 & 11 Viet. c. 14. s. 40. — Every person who shall assault or obstruct any person anthorized to collect any such stallage, rent, or toll, shall for every such offence be liable to a penalty not exceeding 408. List of tolls, &c., to be set up and placed in conspicuous places. 10 & 11 Vict. c. 14, s. 41-The Local Board or their lessee shall from time to time cause to be painted on boards, or to be printed and attached to boards, in large and legible characters, a list of the several stallages, rents, and tolls, from time to time payable, and shall cause a board containing such list to be conspicuously set up and continued in the market, and in each weighing-house and slaughter-house provided by the Board, to which each such list shall relate; and no stallage, rent, or toll shall be payable during the time such list is not so set up, or for anything not specified therein if the list shall be destroyed, injured, or obliterated, the stallages, rents, and tolls shall continue to be payable during such time as shall be reasonably required for the restoration of the list, in the same manner as if the list had continued in the state required by this Act. Income-tax on profits of tolls, &c.-The profits of the market would be liable to income-tax, in like manner as the income of the Corporation of the City of London, including the profits derived from "renewing fines," "profits of markets," "corn and fruit metages," "broker's rents," "Mayor's Court," and other fees; and the proper principle on which deductions are to be allowed is to take each item or head of income separately and to assess the income-tax upon the net value of each item after deducting from its gross receipts and costs incurred in earning it. Attorney-General v. Soft (Chamberlain of London), 28 L. T. (N. s.) 302. Bye-laws with respect to Markets, &c. 10 & 11 Vict. c. 14, s. 42.-The Local Board may from time to time make such by-laws as they think fit for all or any of the following purposes; (that is to say,) For regulating the use of the market-place, and the buildings, stalls, pens, and standings therein, and for preventing nuisances or obstructions therein, or in the immediate approaches thereto : For fixing the days, and the hours during each day, on which the market shall be held: For regulating the carriers resorting to the market, and fixing the rates For regulating the use of the weighing-machine provided by the Local or measures: For preventing the sale or exposure for sale of unwholesome provisions in the market. The Board may, from time to time, as they shall think fit, repeal or alter any such bye-laws: provided that such bye-laws shall not be repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special Act, or of any Act incorporated therewith; and such bye-laws shall be reduced to writing under the common seal of the Board, and, if affecting other persons than the officers and servants of the Board, shall be printed and published as herein provided. Diseased animals. 32 & 33 Vict. c. 70, s. 75.- Under the Contagious Diseases (Animals) Act, 1869, the Privy Council may from time to time make such orders as they think expedient for, amongst other things, prohibiting or regulating the holding of markets, fairs, exhibitions, or sales of animals. A.D. 1875. of market company to 168. Any urban authority may purchase, and the Power for sale directors of any market company in pursuance, in the case of undertaking of a company registered under the Companies Act, 1862, of a special resolution passed in manner provided by that urban authoAct, and in the case of any other company, of a resolution rity. passed by a majority of three-fourths in number and value L.G., s. 53. of the members present, either personally or by proxy, at a meeting specially convened with notice of the business to be transacted, may sell and transfer to any urban authority, on such terms as may be agreed on between the company and the urban authority, all the rights powers and privileges and all or any of the markets premises and things which at the time of such purchase are the property of the company but subject to all liabilities attached to the same at the time of such purchase. A.D. 1875. Power to 169. Any urban authority may, if they think fit, provide slaughter-houses, and they shall make bye-laws with vide slaughter-respect to the management and charges for the use of any slaughter-houses so provided. houses. P H., s. 62. For the purpose of enabling any urban authority to regulate slaughter-houses within their district the provisions of the Towns Improvement Clauses Act, 1847, with respect to slaughter-houses shall be incorporated with this Act. Nothing in this section shall prejudice or affect any rights powers or privileges of any persons incorporated by any local Act passed before the passing of the Public Health Act, 1848, for the purpose of making and maintaining slaughter-houses. As to this section, see the Introduction, ante, p. lviii. Licensing slaughter-houses and knackers' yards. 10 & 11 Vict. c. 31, ss. 125, 126. Penalty. Ib.-The Local Authority may license such slaughter-houses and knackers' yards as they may think proper, for slaughtering cattle within the district; and no place, not used as such before the application of the Act to the district, and continued to be used as such, shall be used or occupied as a slaughter-house or knackers' yard until a license for its erection or use has been obtained: offenders in this respect are liable to a penalty not exceeding £5, and a like penalty for every day after conviction upon which the offence is continued." Grant of license to slaughter-house.-The following illustrates what would be held to be the grant of a license. The Manchester Police Act empowers the Town Council of the borough to grant licenses for the erection of slaughter-houses. A person having applied for a license, the Markets Committee inspected the site, and recommended the grant of a license. The Committee then passed a resolution to grant the license, and communicated the same to the applicant, and the resolution was confirmed by the Town Council. An information having been laid against the applicant for the license for using a slaughter-house without a license, contrary to the Police Act, it was held that though it was usual afterwards to grant a formal license in a certain printed form, still the grant of a license was complete on the confirmation of the resolution and communication thereof to the applicant, and operated as a license. Howarth v. Manchester, 6 L. T. (n. s.) 683. A Local Act, passed subsequently to the Local Government Act, 1858, provided that a company formed thereby for the purpose of managing the property of the Corporation of Brecon might, with the consent of the corporation, erect slaughter-houses in the borough. The company erected slaughter-houses with the consent of the corporation testified in writing; but the corporation afterwards, when acting as the Local Board, refused to license the buildings as slaughter-houses: it was held in the Exchequer Chamber (reversing the decision of the Court of Exchequer) that the consent given by the corporation under the Local Act included the license required by the Towns Improvement Act. Anthony v. Brecon Markets Company, 41 L. J. Exch. 201; 26 L. T. (N. s.) 979; L. R. 7 Exch. 399. A license for a slaughter-house under 26 Geo. III. c. 71, does not render it necessary for the occupier of such house to obtain a license from the Local Board under the above provisions. It seems doubtful whether the license of the Quarter Sessions is not in all cases also necessary. A stable which formed an original portion of premises licensed as a slaughter-house for pigs, which stable was afterwards converted into another slaughtering shed, and used for slaughtering bullocks and sheep therein, was held to be covered by the original license, and not to require a fresh license. Brighton v. Stenning, 15 L. T. (N. s.) 567. Slaughtering of cattle on private premises.-To slaughter cattle on the private premises of an inhabitant of a town, under a Local Act which followed closely the language of the Markets and Fairs Clauses Act, was held to be no offence within the clause of the Act unless the cattle were slaughtered for sale as human food; Elias v. Nightingale, 27 L. J. M. C. 151; 4 Jur. (N. s.) 166; and in another case it was held that a conviction for "using" an unlicensed slanghter-house, under 10 & 11 Vict. c. 34, 8. 126, cannot be sustained against a person who merely pays the owner of the premises for being allowed to kill animals there. Reg. v. Heyworth, 14 L. 'T'. (N. s.) 600; 30 J. P. 428. Registration of slaughter-houses. 10 & 11 Vict. c. 34, s. 127.- Within three months after the application of the Act, all existing slaughter-houses and knackers' yards are to be registered by the owner or occupier at the office of the Local Board, in a book to be kept for that purpose, and persons failing in this respect are under like penalties to those above stated. Bye-laws and regulations. 10 & 11 Vict. c. 34, s. 128.-Bye-laws (which may impose pecuniary penalties on persons breaking them, not exceeding £5 for each offence, and for a continuing nuisance, 10s, per day), regulations for the licensing, registering, and inspection of slaughter-houses and knackers' yards, and preventing cruelty therein, for keeping them in a cleanly and proper state, and for removing filth at least once in every twenty-four hours, and requiring them to be provided with a sufficient supply of water, are from time to time to be made by the Local Board. Suspension or revocation of license. 10 & 11 Vict. c. 34, s. 129.-The justices before whom any person is convicted of killing or dressing cattle, contrary to the provision of the Act, or of the non-observance of any byelaw or regulation of the Local Board, in addition to the penalty, may suspend the license for any period not exceeding two months; or, in the case of the owner of any registered slaughter-house or knackers' yard, may forbid, for any period not exceeding two months, the slaughtering of cattle therein. For a second or other subsequent like offence, in addition to the penalty, the justices may revoke the license, or absolutely forbid the slaughtering of cattle in the particular house or yard. In such an event, the Local Board may refuse to grant any license whatever to the person whose license has been revoked, or on account of whose default the slaughtering of cattle in any registered slaughter-house has been forbidden. Penalty. 10 & 11 Vict. c. 34, s. 130.-Persons slaughtering cattle in any particular slaughter-house or knackers' yard after the license is suspended or revoked, or such slaughtering is forbidden, are liable to a penalty not 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. Inspection of slaughter-houses and butchers' shops. 10 & 11 Vict. c. 34, 8. 131. Seizure of food unfit for the food of man. Ib.-The inspector of nuisances, the officer of health, or any other officer, appointed by the Local Board for the purpose, may at all reasonable times, with or without assistants, enter into and inspect any building within the district kept or used for the sale of butchers' meat, or for slaughtering cattle, and examine any cattle or carcase deposited there; and if he find any which appears unfit for the food of man, he may seize and carry it before a justice, who is forthwith to order it to be further inspected and examined by competent persons. If the carcase then be found to be unfit for the food of man, the justice is to order it to be immediately destroyed or otherwise disposed of in such a way as to prevent it being exposed for sale or used for the food of man. The person to whom the carcase belongs, or in whose possession it may be found, is liable to a penalty not exceeding £10 for every animal, carcase, or part of a carcase so found. Persons obstructing or hindering the inspection, or the seizure and carrying away of the animal or carcase, or part thereof, are liable to a penalty not exceeding £5 for each offence. Regulations of continental cities as to slaughtering cattle.-The following A.D. 1875. A.D. 1875. Notice to be affixed on slaughterhouses. summary of the regulations in force in several of the principal cities on the Continent is taken from the Appendix to the Report of the Select Committee on the Cattle Diseases Prevention and Cattle Importation Bills, Session 1864: 1. That all markets are under strict supervision. 2. That cattle sent to the public markets, and to the public slaughterhouses, 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 sanitary 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. 170. The owner or occupier of any slaughter-house licensed or registered under this Act shall, within one month after the licensing or registration of the premises, P.H. 1874, s. affix, and shall keep undefaced and legible on some conspicuous place on the premises, a notice with the words "Licensed slaughter-house," or "Registered slaughterhouse," as the case may be. 49. Incorporation of certain provisions of 10 & 11 Vict. c. 89. L.G., s. 44. Any person who makes default in this respect, or who neglects or refuses to affix or renew such notice after requisition in writing from the urban authority, shall be liable to a penalty not exceeding five pounds for every such offence, and of ten shillings for every day during which such offence continues after conviction. POLICE REGULATIONS. 171. The provisions of The Towns Police Clauses Act, 1847, with respect to the following matters, (namely,) (1.) With respect to obstructions and nuisances in the streets; and (2.) With respect to fires; and (3.) With respect to places of public resort; and |